TERMS OF WEBSITE USE AGREEMENT

 

This Terms of Use Agreement (this “Agreement”) is entered into by and between Soul Khemistry (the “Author”) also known as “soulkhemistry.com.au” (the “Site”) and “you”, the user of this website. Access to, use of and/or browsing of the Site is provided subject to the terms and conditions set forth herein. By accessing, using and/or browsing the Site, you hereby agree to these terms and conditions.

 

This agreement contains warranty disclaimers and other provisions that limit the Author’s liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing the site constitutes acceptance of these terms and conditions. If you do not agree to be bound to each and every term and condition set forth herein, please exit the site immediately and do not use, access and/or browse the site. By entering the site, you acknowledge and agree that you have read and understand these terms and conditions, that the provisions, disclosures and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity.

 

MEDICAL ADVICE DISCLAIMER

 

The Author provides the Site and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Author does not provide any medical advice on the Site, and the Information should not be so construed or used. Using, accessing and/or browsing the Site and/or providing personal or medical information does not create a therapist-patient relationship between you and the Author. Nothing contained in the Site is intended to create a therapist-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.

 

FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER

 

You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Author. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.

 

INFORMATION DISCLAIMER

 

Any opinions of the Author on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.

The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Author undertakes no obligation to update any Information on the Site; provided, however, that the Author may update the Information at any time without notice in the Author’s sole and absolute discretion. The Author reserves the right to make alterations or deletions to the Information at any time without notice.

 

THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER

 

The Site may, from time to time, contain links to third party web sites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by the Author of the services, information, content and/or data on such third party web sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. The Author is not responsible for the content of linked third party web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.

The inclusion of third party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation of, and the author makes no representations and/or warranties about, any product or service contained therein.

 

DISCLAIMER OF ALL WARRANTIES

 

The Information made available at the Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Author makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.

Without limiting the generality of the foregoing, the Author makes no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication.

Under no circumstances, as a result of your use of the Site, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the Site for:

1.        damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, non-delivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;

2.        any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the Information;

3.        any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or

4.        any decision made or action taken or not taken in reliance upon the Information.

 

RESERVATION OF INTELLECTUAL PROPERTY RIGHTS

 

The Site is protected by Australian copyright laws. The Author hereby reserves any and all intellectual property rights in the Site.

 

GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS

This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of Queensland without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Queensland. You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

 

ENTIRE AGREEMENT

 

You hereby acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the Site and the Information contained therein.

 

MODIFICATION

 

The Author may, in the Author’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.

 

WAIVER

 

The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.

The site and the information contained therein is made available by the Author for educational purposes only and is not intended to provide medical advice. By accessing the site, you understand and acknowledge that there is no therapist-patient relationship between you and the Author. You further acknowledge your understanding that the site should not be used as a substitute for competent medical advice from a licensed physician in your state.

 

Framework from Kevin MD

 

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TERMS, CONDITIONS & SAFEGUARDS

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1.   Service Scope: Soul Khemistry provides wellbeing and creative education programs, including but not limited to meditation & mindfulness practices, music activities, arts and crafts, movement exercises, puppetry, storytelling, imaginative play. Delivery of services extends to children and adults, and includes staff professional development services.

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2.  Session Environment: The client (Early Learning Centre - ELC) is responsible for ensuring that the session environment is safe, clean, and suitable for the activities. This includes providing adequate space, ventilation, and seating arrangements. 

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3.  Parental/Guardian Consent: It is the responsibility of the Early Learning Centre to obtain parental or guardian consent for children's participation in the activities.

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4.   Confidentiality: All participant information, including personal data of clients, staff and children, will be kept confidential and used only for the purpose of delivering the services.. Please see our Privacy Policy for more information.

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5.   Intellectual Property: All creative content, including music, stories, resources, brain yoga and program materials developed by Soul Khemistry, remains the intellectual property of Soul Khemistry and cannot be reproduced, used in centres or distributed without permission.

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6.   Program Customisation: Programs can be customised to meet the needs of specific groups. Any requested modifications should be communicated at least 7 days in advance.

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7.   Health and Safety: Both parties agree to adhere to health and safety regulations set by the NQS. Soul Khemistry staff are trained to deliver activities safely and will take all necessary precautions. The Early Learning Centre should also ensure that children are supervised as required.

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8.   Liability: Soul Khemistry is not liable for any injury or accident that occurs due to unsafe conditions or lack of supervision by the Early Learning Centre staff.

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9.   Feedback and Continuous Improvement: Feedback from both staff and children is encouraged to help improve the services. A feedback form or survey may be provided after sessions.

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10.  Child Protection and Safeguarding Policy: All Soul Khemistry staff are required to have up-to-date child protection training and hold relevant background checks (e.g., Working With Children Check) and must adhere to the Soul Khemistry Child Protection and Safety Policy.

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11.   Emergency Procedures: Soul Khemistry staff will be familiar with the emergency procedures of the Early Learning Centre, including fire drills and first aid protocols.

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12.   Allergy and Medical Awareness: The Early Learning Centre is responsible for providing information on any allergies or medical conditions of participating children that may impact the delivery of services (e.g., allergies to art materials).

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13.   Supervision and Support: Soul Khemistry programs are designed to be facilitated with the presence and support of the Early Learning Centre’s staff to ensure optimal care and engagement.

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14.   Code of Conduct: All interactions by Soul Khemistry staff will align with a Code of Conduct  (below) that promotes respect, inclusivity, and the emotional safety of all participants.

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15.   Inclusion and Accessibility: Programs are designed to be inclusive of all abilities. Any specific needs (e.g., sensory sensitivities, mobility issues) should be communicated prior to the session.

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16.   Session Limits and Breaks: Sessions are planned with the developmental needs of children in mind, incorporating appropriate breaks and transitions to maintain engagement.

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17.   Parental Communication: Parents may be informed about the content and objectives of the programs in advance, ensuring transparency. Digital brochures can be provided to ELC’s upon request.

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18.   Evaluation and Monitoring: Ongoing monitoring and evaluation of sessions between both parties is essential to ensure quality and safety are maintained.

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19.   Data Protection: Any information gathered during sessions (e.g., photos, videos) will only be used with explicit consent, and in line with data protection regulations and the policies of both parties.

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PRIVACY POLICY

 

This privacy policy sets out how website URL www.soulkhemistry.com.au uses and protects any information that you give www.soulkhemistry.com.au when you use this website.

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The website www.soulkhemistry.com.au is committed to ensuring that your privacy is protected.

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Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

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www.soulkhemistry.com.au may change this policy from time to time by updating this page. Your continued use of the website following any such amendments will be deemed to be confirmation that you accept those amendments.

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By using this website, you agree to the collection and use of information in accordance with this policy.

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What we collect

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We may collect the following information:

• name

• contact information – phone number and email address

• other information relevant to services offered
   

What we do with the information we gather

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We require this information to contact you and provide you with an appropriate service, and for internal record keeping.

With your consent, we may periodically send informational emails using the email address which you have provided.

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Security

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We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we follow industry best practices to safeguard and secure the information we collect online.

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How we use cookies

 

This website uses cookies to monitor browsing preferences. This helps us analyse data about web page traffic and improve my website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with me.  Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies however this may prevent you from using the website to its full advantage.

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Links to other websites

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This website may contain links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information.  You acknowledge that they are used at your own risk and are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question before providing any information.

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Controlling your personal information 

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We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

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Questions and contact information

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If you would like to access, correct, amend or delete any personal information we have about you, please contact us via the Contact Page.

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BOOKING, REFUND AND CANCELLATION POLICY

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Introduction

Soul Khemistry is committed to delivering high-quality wellbeing and creative education programs. We understand that unforeseen circumstances may arise, and this policy is designed to provide clarity and fairness regarding refunds and cancellations for our services.

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1. Booking Confirmation and Payments

•             All bookings with organisations/ ELC’s must be confirmed in writing and secured with a deposit (if more than 28 days prior to service delivery). Full payment is required for bookings made with in 28 days of service delivery.

•             Full Payment, or balance after deposit is due within 14 days of receiving the invoice.

•             Payment terms for services will be outlined in the service booking agreement.

•             1:1 Coaching clients & consultations, whether purchasing a one off session or multi-session package are required to pay in full prior or on date of commencement of services unless otherwise agreed.

 

2. Cancellation by Clients
We understand that schedules can change. If you need to cancel or reschedule a booking, the following terms apply to:

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ELC”S and organisations:

•             Cancellations Made 28 Days or More Before the Scheduled Service:
Full refund of any deposit or pre-paid amount, minus 5% administration fee.

•             Cancellations Made Between 28 - 7 Days Before the Scheduled Service:
50% refund of the total fee. The remaining 50% covers the preparation and resources already allocated for your booking.

•             Cancellations Made Less Than 7 Days Before the Scheduled Service:
No refund. 100% of the fee will be retained to cover costs incurred, including facilitator scheduling and resource preparation for programs contracted by organisations.

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1:1 Clients:

•             No refunds apply to individuals 1:1 coaching clients that cancel a session within 24 hours . If more than 24hrs notice is given, your booking will be rescheduled for another time mutually agreed, this may be a zoom session.

•             Where a multi-session package has been purchased, no refunds apply to any cancellations after 24 hrs of the first session. Services terminated within 24 hrs of the first session will be be refunded 50% of full fee.

•             Rescheduling Requests:
If you need to reschedule a confirmed booking, we will accommodate the request where possible, provided it is made at least 7 days in advance. Rescheduling less than 7 days before the service may incur a fee of 5% on all sessions rescheduled.

 

3. Cancellation by Soul Khemistry
In the unlikely event that Soul Khemistry needs to cancel a service due to unforeseen circumstances (e.g., facilitator illness, extreme weather, or other emergencies), the following options will be provided:

•             Full Refund: You will receive a full refund of any deposit or fees paid for the session/s cancelled.

•             Rescheduling: We will work with you to reschedule the service at a mutually convenient time with no additional charge.

 

4. Refund Process
Refunds will be processed within 14 business days of receiving a valid cancellation request. All refunds will be issued via the original payment method unless otherwise agreed.

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5. No-Show Policy
If a client fails to show up for a scheduled service without prior notice, no refund will be issued. The full service fee will be retained.

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6. Program Alterations and Adjustments
If program modifications are required due to factors beyond Soul Khemistry’s control (e.g., changes in venue, unexpected interruptions), we will make reasonable efforts to adjust the program. However, such changes will not be grounds for a refund unless the service delivered is substantially different from what was agreed.

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7. Special Circumstances
Soul Khemistry understands that exceptional circumstances may arise. In such cases, we are open to discussing alternative arrangements or partial refunds on a case-by-case basis, at our discretion.

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8. Dispute Resolution
If you are dissatisfied with a service or believe that the refund or cancellation policy was applied unfairly, we encourage you to contact us directly. We will review your concerns and work towards a fair resolution.

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9. Policy Updates
This Refund and Cancellation Policy is reviewed annually and may be updated as needed. The most current version will always be available on our website and in your booking agreement.

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Contact Information
For any questions or to initiate a refund or cancellation request, please contact our Founder Sharon Kemp at:
sharon@soulkhemistry.com.au
0423 231 813

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CODE OF CONDUCT

 

Introduction
Soul Khemistry is committed to fostering a safe, inclusive, and respectful environment for all participants, clients, and staff. This Code of Conduct outlines the expected behaviours and professional standards for all Soul Khemistry facilitators, staff, contractors, and volunteers. The principles and guidelines below are designed to uphold our mission of delivering high-quality wellbeing and creative education programs while ensuring the safety, dignity, and respect of all involved.

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1. Respectful Interactions

•             Respect for All: All interactions with children, educators, parents, community members and colleagues must be respectful, kind, and considerate. We value diversity and inclusivity, recognising and honouring the differences in culture, background, ability, and perspective.

 

•             Positive Communication: Use clear, positive, and respectful language when communicating with children, staff, families & the community. We avoid harsh language, negative comments, or any form of verbal abuse.

 

2. Child Safety and Wellbeing

•             Prioritising Child Safety: Child safety is our top priority. All staff must adhere to Soul Khemistry’s Child Protection and Safety Policy, ensuring that all interactions are guided by the principles of respect, consent, and professionalism.

 

•             Appropriate Physical Contact: Any physical contact with children should be minimal, necessary, and appropriate to the activity. Facilitators must ensure that touch is always child-led, or in cases where touch is initiated by the facilitator (e.g., assisting with movement exercises or practical activities), it is done with clear explanation and consent from the child.

 

•             Reporting Obligations: All staff are required to report any suspicion or disclosure of harm, abuse, or inappropriate behaviour in accordance with relevant child protection laws and internal reporting procedures.

 

3. Professional Boundaries and Integrity

•             Maintaining Boundaries: Staff must maintain clear professional boundaries with children, clients, and colleagues. Personal relationships that may compromise objectivity, professionalism, or the safety of participants are not permitted.

 

•             Ethical Conduct: All staff are expected to act with integrity and uphold the ethical standards of Soul Khemistry at all times. This includes honesty in communication, fair dealing with clients, and ensuring that all program materials and resources are used appropriately.

 

4. Collaboration and Teamwork

•             Supporting Colleagues: We believe in a culture of collaboration and support. Facilitators are expected to work cohesively with colleagues, sharing resources, knowledge, and constructive feedback to continuously improve the quality of our programs.

 

•             Partnership with Clients: Effective collaboration with Early Learning Centres and other clients is essential. We maintain clear communication, respect client needs, and work together to create the best possible outcomes for children.

 

5. Inclusivity and Accessibility

•             Valuing Diversity: Soul Khemistry is committed to creating programs that are inclusive and accessible to all children and educators, regardless of background, ability, or identity.

 

•             Cultural Sensitivity: Facilitators must approach all programs with an understanding and respect for the cultural practices and preferences of the communities we serve.

 

6. Health, Safety, and Risk Management

•             Adhering to Safety Protocols: All staff are responsible for following health and safety guidelines set out by the NQS standards,  conducting risk assessments, and ensuring that program delivery, materials and resources are safe  to engage with for all participants. Early Learning Centres are responsible to provide a safe environment for programs to be delivered.

 

•             Emergency Preparedness: Facilitators must be familiar with emergency procedures and be prepared to respond effectively to any incidents or accidents that may occur.

 

7. Confidentiality and Privacy

•             Protecting Privacy: All staff must respect the privacy of clients and participants by keeping personal information confidential and secure. Information should only be shared with relevant parties when necessary and in accordance with legal requirements and Soul Khemistry’s data protection policies.

 

•             Responsible Use of Media: Any use of photos, videos, or other recordings taken during programs must be done with proper consent and for authorised purposes only.

 

8. Continuous Improvement and Professional Development

•             Commitment to Growth: Soul Khemistry encourages all staff to engage in ongoing professional development. Facilitators are expected to stay informed of best practices in early childhood education, wellbeing, and creative arts practice.

 

•             Reflective Practice: Regular self-reflection and feedback are integral to our approach. Facilitators should be open to constructive feedback and be willing to adapt and improve their practices.

 

9. Accountability and Consequences

•             Responsibility for Actions: All staff are accountable for their actions and behaviour. Any breach of this Code of Conduct will be addressed promptly and may result in disciplinary action, including termination of services, depending on the severity of the breach.

 

10. Policy Review and Acknowledgment
This Code of Conduct will be reviewed annually to ensure it remains aligned with Soul Khemistry’s values, client needs, and industry standards. All staff must acknowledge and agree to this Code of Conduct before participating in any Soul Khemistry programs.

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RISK MANAGEMENT

 

In Soul Khemistry’s programs, the identification and management of risks associated with the equipment used are crucial to ensuring the safety and wellbeing of both children and educators. A thorough risk management process is in place to address potential hazards, following best practices in early childhood education settings.

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1. Risk Identification

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Pre-Program Risk Assessment:

• Before any program begins, a comprehensive risk assessment is conducted to identify potential hazards related to the equipment that will be used. This includes reviewing all materials and tools to be used in activities such as drumming, arts and crafts, movement exercises, storytelling and imaginative play experiences.

 

Equipment-Specific Risks:

• Musical Instruments (e.g., drums, percussion): Risks may include weight, unrounded edges, small parts, or the potential for excessive noise levels.

 

• Art Supplies (e.g., paints, scissors, glue): Risks including potential toxicity, sharp tools, and choking hazards.

 

• Movement and Exercise Equipment (e.g., mats, props): Risks include tripping hazards, slipping, or inappropriate use leading to injury.

 

• Puppet Shows and Storytelling Props: Risks may involve small parts that could pose choking hazards or materials that are not age-appropriate.

 

2. Risk Management Strategies

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Equipment Selection:

• Age-Appropriate Materials: All equipment and materials are carefully selected to ensure they are suitable for the age group involved. For instance, natural non-toxic paints, craft materials and blunt-edged scissors are used for younger children, and noise levels are kept within safe limits with limited exposure during musical activities.

 

• Quality Control: All equipment undergoes a quality check to ensure that it is in good condition and free from defects that could pose a risk. This includes regular maintenance and inspection of musical instrument, disinfection after every use, ensuring art supplies are non-toxic, verifying that movement equipment is safe and clean.

 

Safe Usage Guidelines:

• Supervision: Activities involving equipment are always closely supervised by trained educators and Soul Khemistry facilitators. This supervision helps to prevent accidents and ensures that equipment is used appropriately.

 

• Instructions and Demonstrations: Children are provided with clear instructions and demonstrations on how to use the equipment safely. For example, they are shown the proper way to handle instruments, use scissors, or position themselves during movement exercises.

 

• Safety Briefings for Educators: Educators and facilitators receive safety briefings on the proper handling and storage of equipment. This includes protocols for cleaning, checking for defects, and safely storing materials when not in use.

 

Environment Setup:

• Safe Physical Space: The physical environment is arranged to minimise risks. For example, there is sufficient space between children during movement activities to avoid collisions, and art supplies are organised to prevent clutter that could lead to accidents.

 

• Hazard Prevention: Steps are taken to prevent hazards such as tripping or slipping. Mats are expected to be secured to the floor by each centre, and any potentially dangerous objects are kept out of reach of children.

 

3. Ongoing Risk Monitoring

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Continuous Supervision and Adjustment:

• During the program, risks are continuously monitored. Educators and facilitators are vigilant and ready to intervene if any equipment is being used in a way that could lead to harm. If a risk is identified during a session, immediate adjustments are made to mitigate it and the centre director notified.

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Feedback and Incident Reporting:

• A system is in place for reporting any incidents or near-misses related to equipment use. This feedback is used to adjust practices and equipment selection for future sessions. For example, if a particular type of instrument is found to be problematic, it may be replaced with a safer alternative.

 

 

4. Post-Program Evaluation

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Review and Reflection:

• After each program, a review is conducted to evaluate the effectiveness of the risk management strategies. This includes assessing any incidents that occurred, gathering feedback from educators, and making necessary changes to procedures or equipment.

 

Updating Risk Management Plans:

• Risk management plans are regularly updated based on the outcomes of these evaluations. This ensures that Soul Khemistry remains responsive to new risks and continually improves its safety protocols. Equipment safety checks are carried out routinely and documented. 

 

5. Compliance with Regulations

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Adherence to Standards:

• All equipment and risk management practices comply with relevant health and safety regulations and industry standards for early childhood education (NQS). This includes ensuring that all materials are non-toxic, equipment is age-appropriate, and safety procedures align with best practices.

 

Training and Certification:

• Educators and facilitators involved in the program receive regular training on risk management, including first aid and emergency procedures. This ensures that they are prepared to handle any situations that may arise during the use of program equipment.

 

In summary, Soul Khemistry’s approach to risk management involves a proactive and comprehensive strategy that includes risk identification, the implementation of safe practices, continuous monitoring, and regular evaluation. By prioritising the safety of the children and educators, Soul Khemistry ensures that its programs are not only engaging and educational but also safe and secure.

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