The Kelmarna Gardens Education Programme is a department of Kelmarna Gardens City Farm and Community Gardens, a registered charitable organisation (CC51662) managed by the Kelmarna Community Garden Trust to promote organic gardening, sustainable principles, and to maintain a safe and inclusive community space.

Through this programme, Kelmarna Gardens collaborates with schools and community organisations to provide nature- and inquiry-based learning activities in the context of a 4.5 acre certified organic garden, where tamariki of all ages are encouraged to expand their experience and test their understanding by taking action, asking questions, and cultivating meaningful connections with the environment and each other.

This page outlines the policies, procedures, terms, and conditions that manage our education programme, that allow us to make fun, fair, and accessible learning opportunities possible, for the benefit of everyone involved and their communities, and which are mutually agreed by booking and participating with us.

Through these policies, we strive to warrant quality, transparency, and accountability, in order to sustain an effective programme to offer enriching experiences in support of education, community engagement, idea sharing, skills development, and the ability and confidence in our next generation to put environmental values into meaningful practice.
1. Parties
2. Health, Safety & Privacy
3. Bookings
4. Charges & Invoicing
5. Postponement & Cancellation
6. Force Majeure
​​1. Parties
1.1
Service Provider

​This is the Kelmarna Gardens Education Programme, whose site is the setting and whose staff are responsible for delivery of Services.
​
Kelmarna Gardens 
12 Hukanui Crescent, Ponsonby
Auckland 1021, New Zealand 
1.2
Service Manager

​This is the Education Manager, who is responsible for coordinating the delivery of Services on behalf of the Service Provider.

​Education Manager
education@kelmarnagardens.nz
1.3
Participating Organisation

​This is the school, community organisation, or other group whose members participate in and benefit from the Services.
1.4
Group Coordinator

​This is the person(s) in a position to coordinate attendance and participation on behalf of the Participating Organisation and its members.
1.5
Other Parties

While the above are the primary Parties, this list is not necessarily exhaustive, and there may be other relevant parties associated with programme participation.
2. Health, Safety & Privacy
2.1
Acknowledgment of Risk

Participation in any activity with this programme is voluntary, with the acknowledgement that the benefit and enjoyment of nature-based, skills-based education is derived in part from the inherent risks incurred by working in a hands-on and/or outdoor environment.

By making arrangements to attend an educational visit, the Participating Organisation agrees to take part with knowledge and acceptance of any and all associated risks, on behalf of all relevant participants, including staff, teachers, learners, parent chaperones, etc.
2.2
Duty of Care

The Service Provider will make a reasonable and concerted effort to be upfront, clear, and complete in the known hazards and risks associated with participation in an educational visits. All possible care will be taken to ensure that all participants are reasonably prepared, safe, and sufficiently supervised while taking part in activities on site.
​
2.2.1
Diligent Disclosure
​
The Participating Organisation, Group Coordinator, and its participants agree to consult, coordinate, and cooperate with the Service Provider (including the Service Manager and associated staff) regarding health and safety, including but not limited to providing all relevant and necessary information and protections concerning any specific and/or individual needs of participants for taking part in programme activities on site.​
​
2.2.2
Primary Caregiver

The Participating Organisation and Group Coordinator understand that they retain at all times the duties of primary caregiver to their members. This means that during visits groups will always be accompanied by their own staff, teachers, and/or relevant chaperones in accordance with relevant ratio requirements regarding adults to children.
2.3
Behaviour Expectations

All participants agree to follow all written and verbal rules and instructions for safety as directed by the Service Provider, the Service Manager, and associated staff.

The Participating Organisation will take all reasonable efforts to prepare their participating learners, staff, chaperones, etc. by at least reviewing the Farm Etiquette webpage and the programme Risk Assessment & Management Systems (RAMS) Overview document (PDF) available on the Kelmarna Gardens website.

2.3.1
Warranted Ejection

The Service Provider reserves the right to withdraw any person(s) who is identified as presenting undue risk to themselves and/or others by any action or inaction.
2.3.2
Warranted Cessation
​
The Service Provider reserves the right to postpone, cancel, or halt any session or activity for any reason and at any time if concern arises regarding safety or well-being.
2.4
Personal Information
​
All personal information collected regarding participating individuals is solely for the purpose of managing the Education Programme, and the Service Provider will not use any personal information for any other purpose without express permission from all relevant parties, or otherwise in accordance with the Privacy Act 2020, the Education Act 1989, the Children’s Act 2014, and any other relevant enactment.
2.5
Recording Permissions

The Service Provider reserves the right to take photographic, audio, and/or film records of any of its sessions.

However, the Service Provider will refrain from using any such media for any purpose without express permission from any relevant parties regarding any individual(s) whose name or likeness is depicted, or otherwise in accordance with the Privacy Act 2020, the Education Act 1989, the Children’s Act 2014, and any other relevant enactment.
​​3. Bookings
3.1
Definition of Bookings

A booking refers to a scheduled site visit and educational session for a defined group of learners that has been prearranged and agreed by all Parties.
3.1.1
Details of Bookings

Bookings will include at least the date, time, duration, and number of participants. Booking details, including Charges (ref. Section 4), are confirmed based on group numbers, assuming full attendance to consider the total maximum number of learners to expect and plan for in a session.
​
3.1.2
Types of Bookings

​Bookings fall into one of two general categories:
  • 'one-off visits' or
  • 'regular visits',
depending on the nature of the schedule and partnership arrangement, as outlined in subsections 3.2, 3.3, and 3.4 below.
3.2
One-Off Visits

​One-off visits refer to single, isolated scheduled booking or a limited set of bookings.
3.3
Regular Visits

​Regular visits refer to a series of multiple bookings that are scheduled and managed together as a series, where a group of learners participate on a recurring basis.
3.4
Schedule

The schedule outlines the agreed and confirmed date, time, duration, and number of participants for a given booking or series of bookings. This schedule forms the basis for delivering the Services and managing the Charges under this agreement.
4. Charges & Invoicing
4.1
Definition of Charges

Charges are the total maximum amount payable by the Participating Organisation to the Service Provider for delivery of the Services, including Fees and Expenses.

All funds generated by the Education Programme contribute directly to operational costs, including staff and volunteer time, maintaining and renewing resources, improving educational opportunities, and sustaining the community gardens.
4.2
Fees & Tiers

The Standard Rate for participation is separated into Tiers, based on age and education level of participating learners.
​
4.2.1
Tier 1 - Early Childhood Education (ECE)

The Standard Rate for participation fees at this tier level is calculated as follows: 

$4.00 per learner (plus GST) for up to 1 hour,

$3.00 per learner (plus GST) per additional hour, up to 3 hours total visit time.

A minimum charge of $80 (plus GST) will be payable for sessions where calculation based on the Tier 1 Standard Rate does not exceed this amount (i.e. Tier 1 Standard Rate Total < $80).
​
4.2.2
Tier 2 - Primary & Intermediate Education

The Standard Rate for participation fees at this tier level is calculated as follows: 

$5.00 per learner (plus GST) for up to 1 hour,

$3.50 per learner (plus GST) per additional hour, up to 3 hours total visit time.

A minimum charge of $100 (plus GST) will be payable for sessions where calculation based on the Tier 2 Standard Rate does not exceed this amount (i.e. Tier 2 Standard Rate Total < $100).
​
4.2.3
Tier 3 - Secondary Education

The Standard Rate for participation fees at this tier level is calculated as follows: 

$6.00 per learner (plus GST) for up to 1 hour,

$4.00 per learner (plus GST) per additional hour, up to 4 hours total visit time.

A minimum charge of $120 (plus GST) will be payable for sessions where calculation based on the Tier 3 Standard Rate does not exceed this amount (i.e. Tier 3 Standard Rate Total < $120).
​
4.2.4
Tier 4 - Tertiary & Adult Education

The Standard Rate for participation fees at this tier level is calculated as follows: 

$8.00 per learner (plus GST) for up to 1 hour,

$6.00 per learner (plus GST) per additional hour, up to 6 hours total visit time.

A minimum charge of $160 (plus GST) will be payable for sessions where calculation based on the Tier 3 Standard Rate does not exceed this amount (i.e. Tier 4 Standard Rate Total < $160).
​
4.2.5
Tier 5 - Other Groups

At this tier level, fees are determined on a case-by-case basis.

Groups in this tier include those that do not fall within another tier or whose facilitation falls outside of standard programme offerings.
4.3
Minimum Booking Fees

A minimum charge is payable at each tier for sessions where the relevant Standard Rate does not exceed the listed minimum charge amount.

Please reference Section 4.2 - Fees & Tiers and relevant subsections to determine the minimum charges associated with each tier.
4.4
Booking Deposit Scheme

A booking deposit is a payment amount required upfront to secure a scheduled booking. If applicable, the booking deposit is calculated at a rate of 40% of the total chargeable booking amount, exclusive of GST, and invoiced with the addition of GST at the time of booking. Booking deposits are not required in every instance, and are applied according to the scheme outlined in subsections 4.4.1 and 4.4.2 below.
​
4.4.1
Booking Deposits for One-Off Visits

A booking deposit is required for one-off visits in instances where the total chargeable amount (GST exclusive) is $500 or more.
​
4.4.2
Booking Deposits for Regular Visits

A booking deposit is required for regular visits in instances where the total chargeable amount (GST exclusive) is $500 or more, or where the schedule of visits (ref. Section 3.4) spans a period of 15 calendar days or more (more than 2 weeks).
4.5
Expenses

Certain additional charges may be payable where appropriate, with regard to provisions and/or activities planned for and/or undertaken during the course of a booking (i.e. Expenses), of which amount is determined on a case by case basis, in consultation with all Parties, and figured in contribution to other relevant charges when calculating the total amount payable for a booking.
4.6
Invoicing

The Service Manager will send the Group Coordinator, or relevant individual(s) responsible for accounting on behalf of the Participating Organisation, an invoice for the Charges payable.

Payment is due within one week (7 calendar days) from the invoice date of issue (unless otherwise specified), for the amount specified, to the account specified representing the Service Provider, Kelmarna Gardens.
4.6.1
Invoicing for Booking Deposits

An invoice for a booking deposit may be issued at the time of booking according to Section 4.4 (Booking Deposit Scheme). In this instance, payment is due either: 
  • ​within one week (7 calendar days) from the invoice date of issue, or 
  • at least one week (7 calendar days) prior to the scheduled visit date (i.e. the first scheduled visit, in the case of multiple or regular visits), 
whichever occurs first.
4.6.2
Invoicing for One-Off Visits

For one-off visit bookings, an invoice will be issued on completion of the Services at the conclusion of the scheduled session(s).

For one-off visit bookings subject to a required booking deposit, the final invoice will reflect the balance, or remaining payable amount (GST exclusive), equal to the total payable Charges less the booking deposit amount (GST exclusive), plus GST.
4.6.3
Invoicing for Regular Visits

For regular visit bookings, an invoice will be issued on completion of the Services at the conclusion of the series of scheduled sessions or, for arrangements spanning multiple school terms, at the conclusion of each applicable school term for Services delivered during that term.

For regular visit bookings subject to a required booking deposit, the final invoice will reflect the balance, or remaining payable amount (GST exclusive), equal to the total payable Charges less the booking deposit amount (GST exclusive), plus GST; OR, for arrangements spanning multiple school terms, the earliest applicable school term invoice(s) will reflect the applicable amount payable (GST exclusive) less the initial booking deposit amount (GST exclusive), plus GST.
5. Postponement & Cancellations
5.1
Right to Cancel or Postpone

Sessions may be cancelled or petitioned for postponement at the discretion of any of the Parties for any reason upon express written notification to all Parties.

However, it must be noted that cancellations or postponement arrangements may be subject to additional charges depending on the manner, timetable, and relevant circumstances in which bookings are renegotiated and amended.
5.2
Postponements

The programme gives priority to postponing scheduled bookings (cf. cancelling) in the interest of preserving opportunity, accessibility, and effectiveness.

This means that in the event of relevant prohibitive circumstances (e.g. foul weather), the Service Manager will strive to work with the Group Coordinator to arrange a suitable new date and time to help ensure that learners are able to take part in the intended experience.
​
5.2.1
Contingent Rescheduling

Where possible, bookings will be rescheduled (i.e. postponed) to new dates, days, and times suitable for all Parties.

​However, there is no guarantee that rescheduling will be manageable, and all rescheduled dates and times will be subject to constraints regarding site, scheduling, and any other concerns in consultation with all relevant Parties.
5.2.2
Reasonable Limitations

Adjustments to the schedule of a booking may be considered a postponement if they are managed such that the Service Provider has:
  • been notified of the intention to postpone, and
  • at least one new  preferred date has been agreed by all Parties
​no fewer than 48 hours prior to the originally scheduled booking.

Adjustments to the schedule, for reasons other than attributable to Force Majeure (ref. Section 6 - Force Majeure), that are notified within 48 hours of the originally scheduled booking are considered cancellations.

Bookings subject to relevant prohibitive circumstances may be called off (i.e. cancelled) where postponement is not reasonable and/or possible.
​
5.2.3
Administrative Fee for Postponements
​
In the event of a postponement that is resultant from circumstances other than those attributable to Force Majeure (ref. Section 6 - Force Majeure), the Participating Organisation is liable for fees related to managing the postponement, to account for administrative, planning, and opportunity costs incurred on behalf of the Service Provider.

The administrative fee for postponements is $30 + GST and will be invoiced either in addition to scheduled charges or separately, as suits all Parties.

An administrative fee is applicable to every instance of postponement as outlined here, including in the event of multiple postponements with regard to the same booking.​
5.3
Cancellations

Depending on the manner and timetable in which bookings are cancelled by the Participating Organisation (as outlined in Sections 5.3 and 5.4), the Participating Organisation is potentially liable for fees related to the scheduled event to account for administrative, planning, and opportunity costs incurred on behalf of the Service Provider.​
​
5.3.1
Cancellations for One-Off Visits

Cancellation Fees for one-off visits are managed according to Section 5.4 (Categories of Cancellation Fees), where the impacted event is either:
  • the single scheduled visit, or
  • a scheduled visit installment as part a limited set,
whichever is applicable.

Please note that all charges are payable for any expired session installments, unless otherwise agreed by the Parties.
​
5.3.2
Cancellations for Regular Visits

Cancellation Fees for one-off visits are managed according to Section 5.4 (Categories of Cancellation Fees); however, due to the extended timetable for regular visit schedules, the impacted event may be either:
  • the first visit installment of a series, or
  • the most imminent visit installment of an ongoing series,
whichever has not already expired.

​Please note that all charges are payable for any expired session installments, unless otherwise agreed by the Parties.
5.4
Categories of Cancellation Fees
​
5.4.1
Category 1 - Prior Notification

The Participating Organisation will not be liable for any fees for sessions where express written notification of cancellation is received by the Service Provider 15 or more calendar days prior to the impacted event(s).

For cancellations of this category for bookings subject to a required booking deposit, the total amount of the booking deposit (GST inclusive) will be refunded to the Participating Organisation.
​
5.4.2
Category 2 - Limited Notification
​
The Participating Organisation will be liable for 50% of scheduled fees for sessions where express written notification of cancellation is received by the Service Provider within 14 or fewer calendar days of the impacted event(s), not including the day of the event.

For cancellations of this category for bookings subject to a required booking deposit, the amount of the booking deposit will be retained by the Service Provider, and the Participating Organisation will be issued an invoice reflecting any remaining payable amount, equal to the total payable Cancellation Fee (GST exclusive) less the booking deposit amount (GST exclusive), plus GST.
​
5.4.3
Category 3 - No Notification

​The Participating Organisation will be liable for 100% of scheduled fees where express written notification of cancellation is not submitted to the Service Provider, regardless of non-attendance on the day of an impacted event.

For cancellations of this category for bookings subject to a required booking deposit, the amount of the booking deposit will be retained by the Service Provider, and the Participating Organisation will be issued an invoice reflecting any remaining payable amount (GST exclusive), equal to the total payable Cancellation Fee less the booking deposit amount (GST exclusive), plus GST.
6. Force Majeure
6.1
Definition of Force Majeure

​For this programme, Force Majeure means an incident or surrounding circumstances entirely beyond the control of the Parties, that could not reasonably have been foreseen or provided against, and which as a result prevent either the Service Provider or Participating Organisation from complying with its obligations outlined in the programme policy, terms, and conditions.
6.2
Foul Weather

All Parties are aware of the potential for disruptions to the Schedule in the event of foul weather such as heavy rain, heavy winds, or otherwise unduly hazardous atmospheric and/or ground conditions.
​
6.2.1
Forecast Monitoring

In the interest of health and safety, all Parties will do their best to make informed decisions prior to each visit to avoid undue risk by keeping apprised of weather forecasting and remaining in suitably regular communication regarding the outlook leading up to a scheduled visit.
6.2.2
Weather-Related Cancellation

In the event of such foul weather where the Parties are compelled to call off an impending session(s) for reasons directly attributable to foul weather, where all Parties agree regarding an unavoidable decision to cancel in the interest of health and safety, the Participating Organisation will not be liable for any fees for affected bookings, regardless of the timetable categories outlined in Section 5.3 - Cancellation Fees.

In this instance, for bookings subject to a required booking deposit, any applicable amount of the booking deposit will be refunded to the Participating Organisation.
6.3
Public Health

All Parties are aware of the potential for disruptions to the Schedule in the event of a state of emergency regarding public health, such as an epidemic, pandemic, or related act of governmental authority.

In the event of such an emergency, where the Parties are compelled to call off an impending session(s) for reasons directly attributable to preserving public health, where all Parties agree regarding an unavoidable decision to cancel in the interest of health and safety or related legal obligations, the Participating Organisation will not be liable for any fees for affected bookings, regardless of the timetable categories outlined in Section 5.3 - Cancellation Fees.

In this instance, for bookings subject to a required booking deposit, any applicable amount of the booking deposit will be refunded to the Participating Organisation.
For enquiries, get in touch with our Education Manager, Sean, at education@kelmarnagardens.nz