Terms & ConditionsAs of September 2016
SCHOOL TERMS & CONDITIONS
What these terms cover.
These are the terms and conditions on which we provide educational services.
Why you should read them.
Please read these terms carefully before you accept our offer of a place at the School for your child. These terms tell you who we are and how and on what basis the School will provide educational services.
If anything in these terms is unclear or you would like to have further explained to you, then please contact the bursar to discuss.
(a) Meanings of some words and phrases we use in these terms and conditions. In these terms and conditions some words and phrases have particular meanings and it is helpful to ensure certainty and consistency to have them defined. Such defined terms are set out below and when used in these terms and conditions they shall have the meaning given to them here. Please take note of them.
Enrollment Form means the form provided by the School for parents to complete when accepting a place for their child at the School;
child means a child of whatever age admitted by the School to be educated, and includes any pupil aged 18 or over;
Complaints Procedure means the School’s procedure for handling complaints from parents, as amended from time to time for legal or other substantive reasons, or in order to assist the proper administration of the School. It does not form part of the contract between you and the School. A copy of the most up-to-date procedure is available from the School at any time upon request;
Composition Scheme means the supplemental terms and conditions relating to the School’s fees in advance scheme;
contract has the meaning given in Clause 1(c) below;
deposit means the amount set out and referred to as the deposit in the Enrolment
Form (and that is set out in the Fees List);
fees means the termly fees set out in the Fees List;
Fees List means the note of the School’s prevailing fees notified to you from time to time and a copy of which remains available from the School at any time upon request;
Head means the person appointed by the Governors of the School from time to time to be responsible for (or to share in the responsibility for) the day-to-day running of the School, including anyone to whom such duties have been delegated;
School Rules means the rules of the School as laid down in the policies of the School including those on behaviour, boarding and anti-bullying as amended from time to time. School policies can be found in the parent handbook and on the School’s website and are otherwise available from the School at any time upon request;
term means a term of the School as notified to parents from time to time;
a term’s notice means written notice given not later than the first day of the term preceding the term to which the notice relates;
terms and conditions means these terms and conditions as may be amended from time to time for legal, safety or other substantive reasons, or in order to assist the proper administration of the School;
we or the “School” means the legal entity carrying on as the School as identified in Clause 1(b) below; and
you” or the “parents” means each person who has signed the Enrolment Form as a person with parental responsibility for the child, or a person who with the School’s express written consent replaces a person who has signed the Enrolment Form.
In these terms and conditions we sometimes provide illustrative examples to try and provide you with a better understanding and appreciation of what we are referring to. We do this by using the words “for example”, “includes” or “including” and, because we do not intend for the examples given to be exhaustive, when we do use these words it means that the examples that are given are not exclusive or limiting examples of the matter in question.
(b) Who we are. We are the board of King’s House Moorlands Education (company registration number 6778564). Our principal address is at 33-43 High Street, Leagrave, Luton, Bedfordshire, LU4 9JY.
(c) Our contract with you. The Enrolment Form, the Schedule of Fees, the School Rules, the Composition Scheme and these terms and conditions (as in each case may be varied from time to time) form the terms of an agreement (the “contract”) between you and the School. It is not intended that the terms of the contract shall be enforceable by your child or by any other third party.
(d) What does not form part of the contract. The School’s prospectuses, information booklets and website describe the broad principles on which the School is currently run and provides an overview of the School and its educational services but do not form part of the contract with the School. Please notify the School if there is anything of particular concern to you contained in the prospectuses, information booklets and website before you sign the Enrolment Form.
(e) Changes to these terms and conditions. We reserve the right to change or add to these terms and conditions from time to time for legal, safety or other substantive reasons or in order to assist the proper delivery of education at the School. The School will send you notice of any such modifications prior to the end of the penultimate term before the modifications are to take effect.
(f) When this contract will end. For the avoidance of doubt, this contract shall end at the end of your child’s schooling which is Year 6 subject to Clause 8(a). Once this 31 contract ends, it will not affect any legal rights or obligations that either you or the School have that may already have arisen. After this contract ends, you and the School will keep any rights we have under general law.
- Acceptance and Deposit
(a) How you accept our offer of a place. An offer of a place for your child at the School is accepted by your submitting the completed Enrolment Form and paying the deposit.
(b) The non-refundable status of the deposit. The deposit is not refundable if your child does not take up a place at the School. The exception to this is where the School fills the vacancy created by your child’s withdrawal, in which case the School shall refund the deposit to you less its costs in administering your dealings with the School or a reasonable estimate of those costs.
(c) How we use the deposit. The deposit will form part of the general funds of the School until it is credited without interest to the final payment of the fees or other sums due to the School on your child’s leaving.
- Withdrawing your Acceptance of a Place before your child joins the School
(a) The period of notice we require. If you wish to withdraw your acceptance of a place AFTER submitting the Enrolment Form and paying the deposit but BEFORE your child starts at the School you must give us written notice before the first day of the term immediately preceding the term in which your child was due to start.
This means that if, for example, your child is due to start at the School in September at the start of an academic year then you would need to tell us in writing that you wish to withdraw your acceptance of a place on or before the first day of the preceding summer term (ie, the final term of the previous academic year).
Once notice has been given the School will acknowledge such notice in writing within seven (7) working days. If an acknowledgement from the School to this effect is not received by you, you must contact the School to ensure that notice has been properly received.
(b) If we receive that period of notice. If you provide the notice required by Clause
3(a), you will lose the deposit (subject to repayment under Clause 2(b) above if the resulting vacancy is filled by the School) but no further fees will be payable. This means that the School will retain the deposit and not refund it to you unless and until the vacancy created by the withdrawal of your child has been filled (and, if it is to be refunded, then an amount will be deducted from the deposit to cover the School’s costs in administering your dealings with the School or a reasonable estimate of those costs). In any event, in such circumstances you are not required to pay any further fees or other amounts to the School.
(c) If we do not receive that period of notice. If you do not provide us with notice the notice required by Clause 3(a) (or if no notice is provided at all) a term’s fees shall be payable by you and shall become due and owing to the School as a debt. The term’s fees shall be charged at the rate applicable for the term immediately preceding the term when your child was due to start. The School shall credit the deposit you have paid (without interest) to the payment of the term’s fees you will owe us (and you hereby acknowledge and agree that the School shall be entitled to retain the deposit on account of payment of the term’s fees). Where applicable, such fees shall be reduced to take account of any scholarship or bursary awarded to you.
- School Fees, Supplemental Charges and Payment
(a) What the fees include. All the costs incurred in the usual course of the education by the School of your child, including the provision of any necessary educational materials shall be met by the fees unless otherwise notified to you by the School at any time (either in the Fees List or otherwise).
(b) What the fees do not include: supplemental charges. We refer to any items charged to you that are supplemental to the fees (that is, items that are payable by you to the School in addition to the fees) as supplemental charges. By way of example, any extra-curricular activities (such as private music lessons, trips and visits) in which you agree in advance your child may participate will be supplemental to items met by the fees and charged for accordingly. Any visits involving an overnight stay will be subject to separate agreement with you, the costs of which will be supplemental to the fees and payable in advance of the trip. In addition, all public examination charges shall be charged as supplemental to the fees and charged for accordingly. Additional charges incurred by the School in providing for the special educational needs of your child (including the provision of any auxiliary aids and services) may also be charged as supplemental to the fees subject always to the School complying with its obligations under the Equality Act 2010.
(c) (i) Who is responsible for ensuring payment. Where the Enrolment Form is signed by more than one person, each of you who has signed the Enrolment Form is liable for and must ensure that all of the fees and supplemental charges due are paid to the School. This is because our contract applies to all of you together and each of you on your own. Each of you remains liable to the School for all of the fees and supplemental charges due UNLESS AND UNTIL the School has expressly agreed in writing with each of you to look exclusively to any other person for payment of the fees and/or any supplemental charges. Each person who signs the Enrolment Form has an individual responsibility to ensure that, between them, the fees and supplemental charges owing to the School are paid. In practice what this means is that if fees or supplemental charges have not been paid to the School then, in order to recover the outstanding payments, the School can seek payment of the full amount outstanding from either parent. Where only one person has signed the Enrolment Form, that person will be individually responsible for ensuring that all of the fees and supplemental charges due are paid to the School in accordance with this contract. (ii) How can one person remove him/herself from their payment responsibility.A person who has signed the Enrolment Form may withdraw from this (ii) How can one person remove him/herself from their payment responsibility.
A person who has signed the Enrolment Form may withdraw from this contract with the School by submitting a term’s notice AND PROVIDED THAT they have obtained the prior written consent of both the School and any other person who has signed the Enrolment Form. (iii) How bursary etc awards are treated. If your child has been awarded a scholarship/bursary, your responsibility will be to pay for the amount of fees due after taking account of that award. An award may be withdrawn in accordance with (or by reference to) the terms upon which such award is made and/or if, in the opinion of the Head, your child’s attendance, progress and/or behaviour no longer merit the continuation of the award. Any such withdrawal of an award will not operate so as to increase the fees due in respect of a term which has already commenced. Where it appears likely to the Head that, for academic reasons, an award may be withdrawn from your child, you shall be notified in advance. If within fourteen (14) days following the withdrawal of a scholarship or bursary your child is withdrawn from the School, no fees in lieu of notice will be payable by you.
(d) How the fees are charged and payment requirements. Each term’s fees are payable in advance so that the services which the School provides each month under this contract shall have been paid for prior to the provision of those services. The fees are payable by you: (i) by three instalments per academic year, payable on or before the first day of the term to which the invoice relates or (ii) by ten equal monthly instalments per academic year starting with a first instalment paid on or before the 1 September and thereafter on or before the first day of each month with the final payment on or before 1 July.
The fees payable will be included in an invoice sent to you (or such other person(s) the School may have agreed separately shall pay the fees under Clause 5(a) above). The fees must be paid by cheque or direct bank transfer. We may not allow your child to attend the School if you do not pay on time.
(e) Payment of supplemental charges. All supplemental charges for each term (and for other unpaid supplemental charges that were agreed during the previous term) will be invoiced separately and such invoice shall be sent to you before the start of the next term. All such supplemental charges must be paid in full either by cheque or direct bank transfer on or before the first day of the then forthcoming term.
(f) (i) Non-payment of fees: refusal to attend school. We reserve the right to refuse to allow your child to attend the School or to withhold any references while fees remain unpaid or there is a persistent failure by you to pay the fees on time. (ii) Non-payment of supplemental charges: refusal to participate in the relevant activity. We reserve the right to refuse to allow your child to participate in the relevant extra-curricular activity, or sit the relevant public examination(s), while the applicable supplemental charge for that activity or examination(s) remains unpaid. (iii) We can charge interest if you pay late. If you do not make any payment to the School by the due date for payment (see Clauses 4(d) and 4(e) above) we may charge interest to you on the overdue amount at the rate of 1.5% per cent a year above the base rate from time to time of the School’s bank. Unless we tell you otherwise in writing, this interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after we obtain a court judgment against you. You must pay the School the interest together with the overdue amount. (iv) We can recover our costs for recovering late or non-payments. Unless we expressly agree otherwise in writing with you, you will be responsible for paying the costs we incur in recovering, or attempting to recover, any unpaid fees or supplemental charges from you (including reasonable legal costs, and in any event being such costs that would be allowable by the courts if judgment was made in the School’s favour). (v) We can notify other educational institutions of your outstanding payments. You consent to our informing any other school or educational establishment to which you propose to send your child of any outstanding fees or supplemental charges.
(g) Our ability to increase the fees. We will review our fees during the course of your child’s education and may increase them. We shall try to give at least a term’s notice of any increase. If we give you less than a term’s notice of an increase in fees you will be entitled to withdraw your child from the start of the following term without giving a term’s notice or paying fees in lieu of notice PROVIDED THAT you give the School notice in writing of the withdrawal within twenty-one (21) days from the date when notice of the increase in fees is given. In these circumstances, therefore, you will be able to withdraw your child without being responsible for fees for the next term.
(h) Fees and supplemental charges will not be reduced due to your child’s absence. Fees and any agreed supplemental charges will not normally be reduced or refunded as a result of absence due to illness or otherwise. If your child takes study leave at home before or during public examinations, or stays at home following those examinations, no reduction of fees will be made in respect of such periods spent at home. (i) How fees are discharged under our Composition Scheme, and your continued responsibility to pay any outstanding or additional amounts still owed to the School. Where you and the School have entered into an agreement incorporating the Composition Scheme terms and conditions (such that you have made a capital payment in respect of all or part of the fees due under this contract) the School will administer such capital sum to meet the fees pursuant to the Composition Scheme PROVIDED THAT you meet the difference between the amount per term applied by the School under the Composition Scheme and the total fees and supplemental charges due in respect of your child each term under this contract. For the avoidance of doubt, the School shall provide a termly statement of account in respect of the fees and supplemental charges and the difference shall be payable in accordance with the terms of this contract.
- Notice Requirements
(a) Notice to withdraw your child from the School. If you wish to withdraw your child from the School (other than at the normal leaving date), you shall either give a term’s notice to that effect or shall pay to the School a term’s fees in lieu of notice, at such rate as would have been charged for the final term of provision if a term’s notice had been given. This means that if, for example, you wish to withdraw your child with effect from the start of the autumn term (ie, at the start of an academic year) then you would need to tell us in writing that you wish to withdraw your child on or before the first day of the preceding summer term (ie, the final term of the preceding academic year). You are expected to consult with the Head before giving notice to withdraw your child from the School. (b) When the relevant amount in lieu of notice must be paid. In cases under Clause 5(a) above, the appropriate sum in lieu of notice will become payable by you to us as a debt on the first day of the term which would have been the final term of provision if a term’s notice had been given. (c) Notice to withdraw your child from participating in an activity covered by a supplemental charge. If you wish to withdraw your child from an activity charged for as supplemental, you shall either give a term’s notice to that effect or shall pay to the School as a debt a term’s charges for the activity in which your child has ceased to participate. (d) Withdrawal part-way through a term does not reduce the amount you owe to the School. The School’s affairs are organised on a termly basis and it is not possible for you to reduce the amount of fees or supplemental charges due, or to obtain a refund of fees or supplemental charges, by withdrawing your child or by your child’s ceasing to participate in an activity part-way through a term. (e) Reducing nursery sessions. Where your child is in the School’s nursery provision and you wish to reduce the number of sessions, you shall either give six (6) weeks’ notice to that effect or pay to the School the difference between the number of sessions originally registered and the reduced number of sessions as fees in lieu of notice, at such rate as would have been charged for the final term of provision if a term’s notice had been given. If your child is registered to attend five (5) or more nursery sessions per week, any notice given under this clause will not be effective until expiry of twelve (12) weeks of the first session attended.
- School Rules
(a) Your child must comply with the School Rules. It is a condition of remaining at the School that you and your child comply with the School Rules. In addition, you promise to ensure that your child attends School punctually and that your child conforms to any rules of appearance, dress and behaviour as we may issue from time to time (if not already included within the School Rules).
(b) We may undertake drugs testing of your child. The School may undertake drugs testing of pupils in accordance with any drugs policy in force from time to time with the aim of safeguarding the health and safety of all pupils.
(c) Monitoring your child’s email communications, internet use, and use of social media. The School may, subject to applicable data protection legislation, monitor your child’s email communication, internet use, and use of social media. We may do this for various reasons, including ensuring compliance with the School Rules or where it is appropriate for the School to do so (or indeed necessary) in connection with the School’s legal and/or other duties and responsibilities or other legitimate purposes or good practice requirements.
- Suspension, Exclusion and Required Removal
(a) The Head’s discretion to suspend or exclude your child from the School. The Head may in his or her discretion suspend or, in serious or persistent cases, expel your child from the School if the Head considers that your child’s conduct or behaviour (including behaviour or conduct outside school) is unsatisfactory and the suspension or exclusion is in the School’s best interests or those of your child or other children. (b) Where you can find examples of offences punishable by suspension or expulsion. The School Rules set out examples of offences likely to be punishable by suspension or expulsion. These examples are not exhaustive and the Head may decide that suspension or expulsion for a lesser offence is justified where there has been previous misbehaviour. All aspects of your child’s record at the School may be taken into account (c) The Head’s discretion to require you to remove your child from the School. The Head may in his or her discretion require you to remove your child from the School if the Head considers that: (i) your behaviour or conduct (or the behaviour or conduct of one of you): is unreasonable; and/or adversely affects (or is likely to adversely affect) your child’s or other children’s progress at the School, or the wellbeing of School staff; and/or brings (or is likely to bring) the School into disrepute; and/or is not in accordance with your obligations under this contract or because we have a legal right to end the contract because of something you have done wrong; (ii) your child’s attendance or progress is unsatisfactory and, in the reasonable opinion of the Head, the removal is in the School’s best interests and/or those of your child or other children. (d) What happens if your child is suspended, excluded or removed from the School. Should the Head exercise his or her right under either Clause 7(a) or Clause 7(c)(i) above you will not be entitled to any refund or remission of fees or supplemental charges due (whether paid or payable). Also, where your child is expelled or you are required to remove your child from the School the deposit will be forfeited meaning that the School will retain the deposit. If your child is expelled from the School fees in lieu of notice will not be payable and any prepaid fees and/or supplemental charges for the term following the expulsion will be refunded. If you are required to remove your child from the School as a result of the Head exercising his or her discretion under Clause 7(c)(ii) then fees in lieu of notice will not be payable and any prepaid fees and/or supplemental charges for the term following the removal (including, if applicable, the deposit held by the School) will be refunded.
(e) Your right to have disciplinary matters or decisions reviewed. You are entitled to have any serious disciplinary matters or decisions taken by the School and/or Head under this Clause 7 reviewed. Any such review shall be governed by stage 3 of the review procedure set out in the School’s Complaints Procedure, a copy of which can be found in the parent handbook.
- The School’s Obligations
(a) The period of your child’s schooling. Subject to these terms and conditions, the School will accept your child as a pupil of the School from the time of joining the School until the end of his or her preparatory schooling. However, the School shall not be obliged to permit your child to enter reception unless satisfied that it is appropriate to do so having regard to his or her academic attainments and all other relevant circumstances.
(b) The scope of our duty to exercise reasonable skill and care for your child’s education and welfare. While your child remains a pupil of the School, we will exercise reasonable skill and care in respect of his or her education and welfare. This obligation will apply during school hours and at other times when your child is permitted to be on School premises or is participating in activities organised by the School. We cannot accept any responsibility for the welfare of your child while off the School premises unless he or she is taking part in a school activity or otherwise under the supervision of a member of School staff.
(c) Consent to participation in contact sports and similar activities. Unless you notify us to the contrary, you consent to your child participating, under supervision, in contact sports and in other normal sports and activities which may entail some risk of physical injury.
(d) What happens if your child needs urgent medical attention. If your child requires urgent medical attention while under the School’s care, we will if practicable attempt to obtain your prior consent. However, if it is not practicable to contact you we will make the decision on your behalf if, for example, consent is required for urgent treatment recommended by a doctor or other medical practitioner (including anaesthetic or operation, or blood transfusion (unless you have previously notified us you object to blood transfusions).
(e) Our right to make changes at the School. Our prospectus describes the broad principles on which the School is presently run. However, from time to time it may be necessary to make changes to any aspects of the School, including the curriculum or the manner of providing education for your child (including by providing such education remotely (whilst your child remains at home, for example, where the School is required to close the School premises). We will give you notice of any changes that we regard as significant to your child’s education prior to the end of the penultimate term before the change is to take effect. This will allow you time to consider the proposed change and, if you wish to withdraw your child from the School before the proposed change is set to take effect, then you have sufficient time to provide the required term’s notice of withdrawal to the School under Clause 5(a) above.
(f) Monitoring your child’s progress at the School. We shall monitor your child’s progress at the School and produce regular written reports. We shall advise you if we have any concern about your child’s progress but we do not undertake to diagnose dyslexia or other conditions. Where the School undertakes a screening test of your child, you will be notified if the screening test indicates that your child may have a learning difficulty. A formal assessment can be arranged either by you or by the School at your expense. You may be asked to withdraw your child without being charged fees in lieu of notice if in the opinion of the Head the School cannot provide adequately for your child’s special educational needs.
- The Parents’ Obligations
(a) We require your co-operation. In order to fulfil our obligations under this contract and to maintain a constructive and good faith relationship with you, we, the Head and School staff need your co-operation, including in particular by you fulfilling your own obligations under this contract.
(b) Examples of the co-operation and assistance we require. You shall co-operate with the School and School staff in good faith, and including in particular by: (i) maintaining a constructive relationship with School staff (including in instances where the School is exercising its rights and performing its obligations under this contract); (ii) encouraging your child in his or her studies, and giving appropriate support at home;
(iii) keeping the School up-to-date and informed of matters which affect or may affect your child (including circumstances which arise at any time that affect or may affect your ability to pay the fees and supplemental charges for your child);
(iii) ensuring that all details or other information notified or otherwise disclosed to the School about you and/or your child are accurate, truthful and not misleading and that relevant details and information (or changes to it) are not withheld;
(iv) informing the School of any situations where special arrangements may be needed in relation to your child, including in relation to their education or welfare;
(v) informing the School if, at any time prior to or during your child’s time at the School, a court order is put in place or an undertaking is given to a court in respect of (or relating to) your child’s attendance at the School (including its premises) and/or the School’s provision of education to your child. These would include any court order or undertaking given to a court which may deal with or impact upon in any way: (i) your child’s living and/or contact arrangements; (ii) your child’s education, welfare and/or upbringing; and/or (iii) the payment of fees and/or supplemental charges. In any such circumstances you shall (whether upon request or otherwise) promptly provide the School with copies of the relevant court order(s) or undertaking(s) (or the relevant parts thereof);
(vi) providing cooperation and assistance to the School so that your child can participate and benefit from the School’s provision of education (including where the School may wish/need to provide such education remotely); and (vii) attending meetings and keeping in touch with the School where your child’s interests so require.
(c) You must notify us of your child’s health/medical conditions or special educational needs. It is a condition of your child’s joining the School that you complete and submit to the School a medical questionnaire in respect of your child. You must inform the School of any health or medical condition, special educational need(s), disability or allergy that your child has or subsequently develops, whether longterm or short-term, including any infections. You must also provide us, whether upon further request by the School or otherwise, any reports or other materials relevant to any of the same.
(d) Circumstances where we may require you to keep your child away from School. If the School so requires due to a health risk either presented by your child to 39 others or presented to your child by others or by reason of a virus, pandemic, epidemic or other health risk, you undertake to keep your child at home and not permit him/her to return to the School until such time as the health risk has passed.
Where it is considered appropriate in such circumstances we will try to continue providing education to your child remotely during such period (including, for example, by sending you/your child work assignments electronically or by post).
(e) We are entitled to expect that parents have consulted with each other regarding decisions relating to your child. You (and each of you as the holders of parental responsibility for your child) acknowledge and agree that, prior to and during your child’s time at the School, the School is entitled to assume that you have consulted with each other so far as decisions regarding your child are concerned.
Accordingly, except under Clause 9(f) below, you (and each of you) accept that the School is entitled to treat: (i) any instruction, authority, request or prohibition received from one of you as having been given on behalf of both of you; and (ii) any communication from the School to one of you as having been given to both of you.
(f) We are entitled to require that notices of withdrawal must be signed by all those with parental responsibility A notice of withdrawal of your child served under this contract (ie, under any of Clauses 3(a), 4(c)(iii), 4(g), or 5(a) must be in writing and signed by each of you as the holders of parental responsibility for your child (and the School shall be entitled not to accept such notice unless and until all holders of parental responsibility for the child have signed such notice).
(g) You must notify us of your child’s absence from School. The Head must be informed in writing of any reason for your child’s absence from School. Wherever possible the School’s prior consent should be sought for absence from the School.
(h) Parents must notify us if they will be absent for a period of time. If at any time during your child’s time at the School you (or either of you) will not be in the United Kingdom at any time or will otherwise be absent from your main residential address for a period of longer than twenty-four (24) hours then you must inform the School in writing and provide the details required by the School as a result, including the name and contact details for a ‘responsible adult’ for the period of your absence.
(i) Raising concerns with the School and making formal complaints. If you have cause for concern as to a matter of safety, care, discipline or progress of your child you must inform the School without undue delay. Complaints should be made in accordance with the Complaints Procedure. A copy of the most up-to-date version of the Complaints Procedure is available from the School at any time upon request.
You must make your own insurance arrangements if you require cover for your child or their property while at School or for the payment of fees due to absence of your child or closure of the School premises.
- How we may use Personal Information: References, Confidentiality and Data
(a) Your consent to us providing a reference for your child. You consent to our supplying information and a reference in respect of your child to any educational institution which you propose your child may attend. Any reference supplied by us shall be confidential. We will take care to ensure that all information that is supplied relating to your child is accurate and any opinion given on his/her ability, aptitude for certain courses and character is fair. However, we cannot be responsible for any loss you are or your child is alleged to have suffered resulting from opinions reasonably given, or correct statements of fact contained, in any reference or report given by us.
(b) Your consent to us using information relating to your child for certain purposes connected with the running of the School. You consent to us making use of information relating to your child (including photographs and video recordings), and (where appropriate) relating to you, whilst your child is at the School and after he or she has left for the purposes of:
(i) managing relationships between the School and current pupils/parents and fulfilling our obligations under the contract with you;
(ii) promoting the School to prospective pupils/parents;
(iii) publicising the School’s activities; and
(iv) communicating with the school community and the body of former pupils.
In respect of (ii), (iii) and (iv), this includes use of such information by the School in/on the School’s prospectus (in whatever format or medium it is produced/made available), the School’s website(s) and (where appropriate) the School’s social media channels. If you do not consent to the School processing your or your child’s personal data for the above purposes, please inform the bursar.
(c) You are required to update us of changes to information held, or in circumstances relating to, you and/or your child. You must:
(i) confirm (or update, if necessary), when requested, such information (and/or documentation) about (or relating to) you and/or your child that is held by the School; and
(ii) inform the School of any change to you or your child’s circumstances (including, where applicable, in connection with your child’s entitlement to enter, reside and/or study in the United Kingdom), or to information about (or relating to) you or your child that has previously been notified to the
School, including relevant contact details. (d) We will send information (eg, school reports) about your child to both of you as
a matter of course. You agree that those persons who have parental responsibility for your child are entitled to receive certain information about your child from the School (including school reports, correspondence and other materials relating to his or her progress, development and/or education generally). The School shall therefore disclose such information as a matter of routine to such persons UNLESS the School is restricted from doing so by a court order (or similar direction) or by any other legal requirement or obligation (for example, under the Data Protection Act 1998 (as amended or superseded)).
(e) The Data Protection Act 1998 and your consent to our processing of your/your child’s personal data. The School will process personal data about you and your child in accordance with the Data Protection Act 1998 (as amended or superseded).
You consent to us processing such personal data:
(i) as set out in this Clause 11; (ii) in order to comply with any court order or legal, regulatory or good practice requirement; and (iii) to perform our obligations under this contract, and where otherwise reasonably necessary for the school’s purposes.
- Intellectual Property Rights
We shall recognise any intellectual property rights created, generated or owned by or vested in your child.
- Changes in Ownership, etc
For the purposes of constitutional changes to the School (including changes to the legal entity that owns and runs the School) or amalgamation of the School with another we may transfer the undertaking of the School to another person or organisation. We will ensure that the transfer will not affect your rights under this contract. We may transfer our rights and obligations under this contract in connection with any such transfer and/or amalgamation.
- Cancellation of this Contract
(a) Our rights to end the contract. The School may end this contract at any time by notice in writing to you, without any obligation to return any deposit or fees paid to you, if:
(i) you do not make a payment to us when it is due and you still do not make payment within [fourteen (14)] days of us reminding you that such payment is due;
(ii) your child is expelled from the School;
(iii) you are required to remove your child from the School, including circumstances where you (as opposed to your child) act in such a way as to give the Head cause to require you to remove your child from the School under Clause 7(c)(i) of this contract;
(iv) you (or either of you) make a serious misrepresentation of facts or circumstances to us, or you (or either of you) withhold important information from us, about you and/or your child or that is relevant to the provision of education by the School to your child (such as misrepresenting at any point in time (and whether by act, omission or withholding of information on your part) that you and/or your child is legally entitled to enter, reside and/or study in the United Kingdom when in fact you/your child is not);
(v) you fail or refuse to complete and submit to the School a medical questionnaire in respect of your child;
(vi) you (or either of you):
- are unable, following our request, to demonstrate that you will be able to pay the fees and supplemental charges due under this contract:
- are otherwise unable to pay your debts as they fall due;
- are the subject of a bankruptcy petition or order; or
- you enter into an individual voluntary arrangement; or
(vii) you otherwise do not comply with (ie, you breach) your obligations under
this contract such that we have a legal right to end the contract or, in the Head’s reasonable discretion, the School is not able to provide, or is compromised in providing, the educational services it needs to in satisfaction of its obligations under this contract.
(b) Your rights to end the contract. You may end this contract at any time by notice in writing to the School if:
(i) you have a legal right to end the contract because we have not complied with our obligations under the contract; or
(ii) the School becomes insolvent or goes into liquidation or receivership or administrative receivership or is wound-up for any reason.
- Events outside of our, or your, control
(a) What we mean by an “event outside of our/your control”. We mean any event beyond either your or our reasonable control including, by way of example and for the avoidance of doubt, acts of God, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction (including that of a local authority), accident, fire, flood, storm, pandemic or epidemic of any disease, terrorist attack, chemical or biological contamination. In the remainder of this Clause 15 we shall refer to these as an “event”.
(b) What happens if we are affected by an event outside of our/your control. If an event beyond our/your control arises which prevents or delays our/your performance of any obligations under this contract, the party affected shall give notice to the other in writing specifying the nature and extent of the circumstances giving rise to the event. Provided that the party affected has acted reasonably and prudently to prevent and/or minimise the effect of the event, they will not be responsible for not performing those obligations which are prevented or delayed by the event during the continuance of the event.
(c) Events lasting more than 6 months. If the party who provided notice under (b) above is prevented from performing all of its obligations as a result of an event for a continuous period of more than six (6) months, they shall notify the other in writing of the steps they plan to take to ensure performance of the contract. Following receipt of such notice, the party in receipt of the notification shall be entitled to end this contract on written notice and without giving a term’s notice or paying fees in lieu of notice.
- Communications between you and the School
(a) Notices must be in writing. When this contract requires you or the School to give notice of something to the other then, unless we agree otherwise, this should be done in writing.
(b) We will use the contact details held by the School to contact you. Communications (including notices) will be sent by the School to you at the address(es) shown in our records, or using your other contact details included in our records. You must notify the School of any change of address(es) or other contact details.
(c) How to provide written notice to the School. Notices that you are required to give under these terms and conditions must be in writing addressed to the Head and either:
(i) delivered by hand to the School;
(ii) sent to the School by recorded or other form of registered post requiring a signature upon receipt as proof of delivery; or
(iii) otherwise sent to the School’s address by first or second class post.
In light of the importance under this contract of serving certain notices on or before a particular deadline (and the consequences that follow if you do not do so) we recommend that notices you may wish to send us under any of Clauses 3, 4(c)(iii), 4(g), 5(a), 5(b) or 5(c) or 9(f) of these terms and conditions are sent to the School by recorded or other form of registered post requiring a signature upon receipt as proof of delivery. Unless we agree otherwise, you should not provide any of these notices by email.
- The Law that applies to this contract and where legal proceedings may be brought
(a) The law that applies to this contract. The contract between you and the School is governed by English Law and either you or the School must bring legal proceedings in respect of this contract in the English courts.
(b) Rights in relation to the enforcement of this contract. If we choose not to enforce any part of this contract, or delay enforcing it, this will not affect our right to enforce the same part later (or on a separate occasion) or the rest of this contract. And, if we cannot enforce any part of this contract, this will not affect our right to enforce the rest of this contract.
- Changes to these Terms and Conditions
We reserve the right to change or add to these terms and conditions from time to time for legal, safety or other substantive reasons or in order to assist the proper delivery of education at the School. The School will send you notice of any such modifications prior to the end of the penultimate term before the modifications are to take effect.