| a) |
The School/We/Us
means Crowstone Preparatory School which
includes the Foundation Unit, the Infants and the Juniors as now or
in the future constituted (and any successor). The School is
constituted as a company limited by guarantee.
|
| b) |
The Head is the person appointed
by the Director to be responsible for the Pupil and includes those
to whom any of the duties of the Head or the School have been
responsibly delegated.
|
| c) |
"The Parent/s"
(Parents/Guardians/Carers) means any person who has signed the
Registration and/or Acceptance Form and/or who has accepted
responsibility for a child's attendance at this School. Parents are
legally responsible, separately and jointly, for complying with
their obligations under these Terms and Conditions. Those who have
"parental responsibility" (i.e. legal responsibility for the child)
are entitled to receive relevant information concerning the child
unless a court order has been made to the contrary, or there are
other reasons which justify withholding information to safeguard the
interests and welfare and best interests of the child. Parents are
expected to give their support and encouragement to the aims of the
School and to uphold and promote its good name; to continue the
Pupil's education at home and to ensure that the Pupil maintains
appropriate standards of punctuality, behaviour, diligence,
language, discipline and dress.
|
| d) |
"The Pupil" is the child named on
the Registration Form. The age of the Pupil will be calculated in
accordance with UK custom.
|
| e) |
These Standard Terms and Conditions:
reflect the customs and practice of independent schools and Schools
for many generations and they together with the terms of any letter
of offer, registration and/or acceptance form signed by the parents
and any invoice issued by the School to the Parents form the basis
of a legal contract for educational services. These Terms and
Conditions are intended to promote the education and welfare of each
pupil and the stability, forward-planning, proper resourcing and
development of the School. Reasonable changes may be made to these
Terms and Conditions from time to time, without consultation and
without notice.
|
| f) |
Fees and Notice: The rules
concerning fees and notice are of particular importance and are set
out at Sections 4 and 5 below.
|
| g) |
Our Aims: The aims of the School
are described here on the
School’s Website.
In addition, the School aims to strike the balance between academic
and practical work, physical education, moral and spiritual
development and the pursuit of leisure activities. The School is a
private self-regulating community which respects the human rights of
Pupils and their parents, who in turn accept that the School's
lawful policies, disciplines and rules must sometime take precedence
over the wishes of individuals. We are committed to high standards
of teaching and care and we welcome parental contact. The School is
an environment in which Pupils are encouraged to participate in work
and leisure activities with enthusiasm and commitment and to behave
with tolerance and understanding, respecting the needs of others.
|
| h) |
Changes at the School: This
School, as any other, is likely to undergo a number of changes
during the time your child is here. For example, there may be
changes in staff, and in the premises, facilities and their use, in
the curriculum and the size and composition of classes, and in the
School Rules and Regulations, the disciplinary framework, and the
length of School terms. In addition, there may be the need to
undertake a corporate reorganisation exercise and/or a merger or
change of ownership may be necessary. For these reasons, the benefit
and burden of this agreement may be freely assigned to another party
at the discretion of the School. Fee levels will be reviewed each
term and there will be reasonable increases from time to time.
|
| i) |
Consultation: It is not
practicable to consult with parents and pupils over every change
that may take place. Whenever practicable, the School will use
reasonable endeavours to ensure that parents will be consulted and
where possible given at least a term's notice of a change of policy,
change in any physical aspect of the School which would have a
significant effect on their child's education or pastoral care, or a
change of ownership.
|
| j) |
Documents referred to: Before
accepting the offer of a place, Parents and Pupils must refer to the
Fees List and all other policies and documents as
required to be provided by statutory regulations. Parents also have
an opportunity, on request, to see any of the other documents
referred to in these Terms and Conditions.
|
| |
|
| a) |
Pastoral Care is a thread that
runs throughout all aspects of life at this School and is directed
towards the happiness, success, safety and welfare of each pupil and
the integrity of the school community.
|
| b) |
Communications with Parents: With the exception
of communication regarding cancellation, withdrawal and notice of
withdrawal, the School will (unless otherwise notified) treat any
communications from any person with parental responsibility as
having been given on behalf of each such person unless other
arrangements are made and any communication from the School to any
such person as having been made to each of them.
|
| |
Disclosures: The Parents must, as soon as
possible, disclose to the School in confidence: |
| |
- Any known medical condition, health problem or allergy
affecting the Pupil
- Any history of a learning difficulty on the part of the
Pupil or any member of his/her immediate family
- Any disability, special educational need or any behavioural,
emotional difficulty and/or social difficulty on the part of the
Pupil
- Any family circumstances or court order which might affect
the Pupil's welfare or happiness
- Any concerns about the Pupil's safety
- Any change in the financial circumstances of the Parents in
receipt of a bursary from the School
|
| c) |
Physical Contact: Parents give their consent to
such physical contact as may accord with good practice and be
appropriate and proper for teaching and instructions and for
providing comfort to a pupil in distress or to maintain safety and
good order, or in connection with the Pupil's health and welfare.
Parents also consent to their child participating in contact and
non-contact sports and other activities as part of the normal School
and extra-curricular programme and acknowledge that while the School
will provide appropriate supervision, the risk of injury cannot be
eliminated.
|
| d) |
Emergency medical treatment: The Parents
authorise the Head to consent on their behalf to the Pupil receiving
emergency medical treatment including blood transfusions within the
United Kingdom, general anaesthetic and operations performed by the
National Health Service or at a private hospital and where certified
by an appropriately qualified person as necessary for the Pupil's
welfare and if the Parents cannot be contacted in time. The Parents
must comply with the School recommendations which may include a
reasonable decision to release the Pupil when he/she is unwell.
|
| e) |
The Pupil's Health: The Head may at any time
require a medical opinion or certificate as to the Pupil's general
health where the Head considers that necessary as a matter of
professional judgement in the interests of the child and/or the
School. Parents must inform the Head in writing if the Pupil has any
known medical condition, health problem, disability or allergy or
will be unable to take part in games or sporting activities or has
been in contact with infectious diseases including Avian Flu. A
Pupil of sufficient age and maturity is entitled to insist on
confidentiality which can nonetheless be overridden in the Pupil's
own interests or where necessary for the protection of other members
of the School community.
|
| f) |
Medical Information: Throughout a Pupil's time
at the School, the School shall have the right to disclose
confidential information about the Pupil if considered to be in the
Pupil's own interests or necessary for the protection of other
members of the School community. Such information will be given and
received on a confidential, "need-to-know" basis.
|
| g) |
Conduct and Attendance: We attach importance to
courtesy, integrity, manners and good discipline. The Pupil is
expected to take a full part in the activities of the School, to
attend punctually on each school day, to work hard, to be well
behaved and to comply with the School rules/Home School Agreement about the wearing of
uniform. All pupils will receive health and life skills education
appropriate to age in accordance with the curriculum from time to
time unless the Parents have given formal notice in writing that
they do not wish their child to take part in this aspect of the
curriculum.
|
| h) |
Pupil's Rights: A pupil of sufficient maturity
and understanding has certain legal rights which the School must
observe. These include the right to give or withhold consent in a
variety of circumstances and certain rights of confidentiality and,
usually, the right to have contact with both natural and adoptive
Parents. If a conflict of interests arises between a Parent and a
Pupil, the rights of, and duties owed to, the Pupil will in most
cases take precedence over the rights of, and duties owed to, the
Parent.
|
| i) |
The Home/School
Agreement: Each
Pupil will be supplied with a copy of the
Home/School Agreement giving information about the ethos and rules
at the School. The purpose of this is to help every
Pupil and Parent to know what is expected and to encourage courtesy and
consideration for others. Each Pupil and Parent should read and sign the
Home/School Agreement.
|
| j) |
Health and Medical Matters: If your child
becomes ill during the course of the day a member of staff will
contact you or the emergency contact indicated on your Registration
Form. You must inform us immediately of any changes to these contact
details.
|
| k) |
Communicable Illness: the School follows the
guidelines, where possible, issued by the
Health Protection
Agency. Posters regarding these guideline are on display
throughout the School and can also be found
online.
|
| l) |
Sickness: You must notify the School on the
first day of absence or as soon practiable if your child is absent
through ilness or accident. If no contact is made by the parent the
School will make contact at the end of the first day or the
beginning of the second day of absence. Upon return parents must
supply a note to the School detailing the reason for the child's
absence.
|
| m) |
Reporting Neglect and/or Abuse: It is our
obligation and moral responsibility to report to the relevant
authorities any suspicions we have that you child has or is
suffering neglect or abuse of any kind. We are not obliged to seek
your consent and do not necessarily need to inform you prior to
doing so. |
| |
|
| a) |
Registration, Admission and Entry: Applicants
will be considered as candidates for admission and entry to the
School when the Registration Form has been completed and returned to
us and the non-refundable registration fee paid ("Registered").
Admission and entry will be subject to the availability of a place
and the Pupil satisfying the admission requirements at the time. "Admission"
occurs when Parents accept the offer of a place. "Entry"
is the date when a pupil attends the School for the first time under
this contract.
|
| b) |
Equality: The School is a mainstream
non-selective
co-educational day school for pupils aged 2½ -11 years. The school
has a Christian ethos and welcomes staff and children from many
different ethnic groups, backgrounds and creeds. Human Rights and
Freedoms are respected. At present, our physical facilities for the
disabled are limited but we will do all that is reasonable to ensure
that the School's culture policies and procedures are made
accessible to children who have disabilities and to comply with our
legal and moral responsibilities under equality legislation in order
to accommodate the needs of applicants and pupils who have
disabilities for which, after reasonable adjustments, we can cater
adequately.
|
| |
|
| a) |
Fees: May include alone or in a combination any
of the Registration Fee, tuition fees, fees for extra tuition,
optional extras, insurances, photographs or other items ordered by
the Parents or charges arising in respect of educational visits, or
damage where the Pupil alone or with others has caused wilful loss
or damage to School property or the property of any other person
(fair wear and tear excluded) or late payment charges if incurred.
|
| b) |
Extras: Extras include; Fees for extra tuition;
other extras, optional extras, photographs and other items ordered
by the Parent or the Pupil or incurred by the School and charges
arising in respect of educational visits, and damage where a Pupil
alone or with others has caused wilful loss or damage to school
property or the property of any other person (fair wear and tear
excluded) and late payment charges if incurred. The
Pupil is for these purposes agent of the Parents. Agency means that
the acts and omissions of Parents are binding on the Pupil and vice
versa.
|
| c) |
Payment of Fees: The Parents undertake to pay
the Fees applicable to each Term directly to the School. Except
where a separate agreement has been made between the Parents and the
School for the deferment of payment of Fees or for an alternative
payment scheme, Fees for each Term are due and payable as cleared
funds before the commencement of the School Term to which they
relate. If an item on the bill is under query, the balance of the
bill must be paid.
|
| d) |
Exclusion for Non-Payment: The School reserves
the right to exclude the Pupil on three days' written notice if Fees
are overdue for payment. If the Pupil is excluded for a period of 28
days, he/she will be deemed withdrawn without Notice and a Term's
Fees in lieu of notice will be payable in accordance with Section 5.
Exclusion in these circumstances is not a disciplinary matter and
the right to a Senior Management Review will not normally arise. The
school may withhold any information, character references or
property while Fees remain overdue but will not do so in a way that
would cause direct, identifiable and unfair prejudice to the
legitimate rights and interests of the Pupil.
|
| e) |
Refund/Waiver: Fees will not be refunded or
waived if; |
| |
- The Pupil is absent through illness; or
- A Term is shortened or a vacation extended; or
- The Pupil is released home before the normal end of a Term;
or
- The School is temporarily closed due to adverse weather
conditions; or
- For any reason other than exceptionally and at the sole
discretion of the Head/Bursar in a case of genuine hardship; or
- There is a legal liability under a Court Order or under the
provisions of this agreement to make a refund
See also Section 7 for information about events beyond the
control of the parties.
|
| f) |
Payment of Fees by a third party: An agreement
with a third party to pay the Fees or any other sum due to the
School does not release Parents from any liability under these Terms
and Conditions or affect the operation of these terms and conditions
unless an express release has been given in writing signed by the
Bursar. The School reserves the right to refuse a payment from a
third party. All such payments received are accepted in good faith.
|
| g) |
Late Payment: Save where alternative provisions
for the payment of interest are contained in a separate consumer
credit agreement made between the Parents and the School, simple
interest may be charged on a day-to-day basis on Fees which are
unpaid. The rate of interest charged will be at up to a percentage
1.5% per month accruing on a daily basis which represents a genuine
pre-estimate of the cost to the School of a default. The Parents
shall also be liable to pay all costs, fees and charges including
legal fees and costs reasonably incurred by the School in the
recovery of any unpaid Fees.
|
| h) |
Part Payment: Any sum tendered that is less
than the sum due and owing may be accepted by the School on account
only. Late payment charges will be applied to any unpaid balance of
Fees.
|
| i) |
Fee Increases: Fees are reviewed termly and are
subject to increase from time to time. If the Parents receive less
than a half Term's notice of a Fees increase they may give to the
School written notice of withdrawal of the Pupil within 21 days and
will not be liable to pay Fees in lieu of Notice.
|
| j) |
Scholarships and Bursaries: Every scholarship
and bursary is subject to high standards of behaviour, attendance
and work on the Pupil's part and to the Parents treating the School
and the staff reasonably. The terms of a scholarship or bursary and
in particular the terms upon which benefits may become repayable are
set out in the offer letter (where applicable) or the termly review
letter to Parents. The value of a scholarship shall be deducted from
Fees before any bursary or other concession is calculated or
assessed.
|
| k) |
Instalments Arrangements: An agreement by the
School to accept payment of current and/or past and/or future Fees
by instalments is concessionary and will be subject to separate
agreement/s between Parents and the School. Where there are
inconsistencies between these Terms and Conditions and those of any
instalment agreement or invoice issued by the School to the Parents
(as applicable), the terms and conditions of the instalment
agreement or the invoice shall prevail.
|
| l) |
Advance Payment of Fees Scheme: The School
offers an optional advance payment of school fees scheme. Details of
the Scheme are available from the Bursar.
|
| m) |
Money Laundering: Legislation requires the
School, in some circumstances, to obtain satisfactory evidence (such
as sight of a passport) of the identity of the person who is paying
the Fees.
|
| n) |
Appropriation: The Parents agree that a payment
made in respect of one account may be appropriated to the unpaid
account of any other account of those Parents.
|
| o) |
Payment: No payment shall be deemed to have
been made until it has cleared into the School's Bank Account or a
receipt issued for a cash payment. If a cheque is returned unpaid or
payment fails, we will reasonably charge an administration fee. |
| |
|
| a) |
Definitions: |
| |
Notice: means (unless the
contrary is stated in these Terms and Conditions) a term's written
notice given by all who have signed the Acceptance Form before the
first day of term addressed to and received by the Head personally
and the Bursar. It is expected that the Parents will consult with the
Head before giving Notice to withdraw the Pupil.
|
| |
"In Writing": is a
signed letter either typed or
hand-written on paper. Electronic mail (email, text, fax) is not
accepted as a form of communication in this instance.
|
| |
Provisional Notice: will
only be accepted in exceptional circumstances and will only be valid
in the term in which it is given and only when written and accepted
by the Head and Bursar personally in writing.
|
| |
A "Term" means the period
between and including the first and last days of each school term.
|
| |
A Term's Written Notice:
means Notice given before the first day of a term and expiring at
the end of that term. A Term's Written Notice must be given if the
Parents wish to cancel a place after acceptance, or if the Parents
wish to withdraw the Pupil who has entered the School.
|
| |
Half a Term's Notice means
notice given before the first day of term expiring at half term, or
notice given before half term expiring at the end of term.
|
| |
Fees in Lieu of Notice: in
circumstances where the Parents have not given a Term's Written
Notice, Fees in lieu of notice means Fees in full at the rate
applicable for tuition charges for the next term following
withdrawal and not limited to the parental contribution in the case
of a scholarship, bursary or other award or concession. One Term's
Fees in lieu of notice represents a genuine pre-estimate of the
School's loss in these circumstances, and sometimes the actual loss
to the School will be much greater. This rule is necessary to
promote stability and the School's ability to plan its staffing and
other resources.
|
| b) |
Cancellation: means the cancellation of a place
at the School which has been accepted by the Parents and which
occurs before the Pupil enters the School or where the Pupil does
not enter the School. Please see Clause 3a for details of when entry
to the School occurs.
|
| c) |
Cancelling Acceptance: The cancellation of a
place after acceptance can cause long-term loss to the School if it
occurs after other families have taken their decisions about
schooling for their children. A genuine pre-estimate of loss is fees
for between one and five years. Nonetheless, the School agrees to
limit the Parents' liability to a full Term's Fees at the rate
payable for the term of entry.
|
| d) |
Cancelling a place offered in the term before entry:
If the offer of a place is made in the Term immediately prior to the
Term of Entry the Parents may cancel their acceptance in writing at
any time up to four weeks from the date
of the Acceptance Letter. If the Parents give notice of
cancellation after this date or give no notice of cancellation they
will incur a liability to pay one Term's Fees in lieu of notice.
|
| e) |
Withdrawal by the Parents: If the Pupil is
withdrawn on less than a Term's Written Notice, or excluded for more
than 28 days for non-payment of Fees as set out in Clause 4d. Fees
in lieu of notice will be immediately due and payable as a debt
unless the place is filled immediately and without loss to the
School.
|
| f) |
Prior Consultation: It is expected that a
parent or duly authorised education guardian will in every case
consult personally with the Head before
notice of withdrawal is given.
|
| g) |
Discontinuing Extras: Half a term's written
notice is required to discontinue an extra or half term's Fees for
the extra will be immediately payable in lieu as a debt.
|
| h) |
Termination by the School: The School may
terminate this agreement on Half a Term's notice in writing sent by
ordinary post. The School will not terminate this agreement without
good cause and full consultation with the Parents and also the Pupil
(if of sufficient maturity and understanding).
|
| |
|
| a) |
School Regime: The Company provides authority
to the Head to impose a disciplinary regime.
|
| b) |
School Discipline: The Parents hereby confirm
that they accept the authority of the Head and of other members of
staff on the Head's behalf to take all reasonable disciplinary or
preventative action necessary to safeguard and promote the welfare
of each Pupil and the School community as a whole. The School's
disciplinary policy which is current at the time applies to all
Pupils when they are on school premises, or in the care of the
School, or wearing school uniform, or otherwise representing or
associated with the School, or away from school premises, or outside
school hours.
|
| c) |
Investigative Action: A complaint or rumour of
misconduct will be investigated. Pupils may be questioned and their
belongings may be searched in appropriate circumstances. All
reasonable care will be taken to protect the Pupil's human rights
and freedoms. In cases of a serious breach of school discipline where
a serious school sanction may lead to a suspension of 11 days or
more, requiring withdrawal or expulsion, the School will attempt to
ensure that his/her Parents are informed as soon as reasonably
practicable after it becomes clear that the Pupil may face formal
disciplinary action, and also to make arrangements for the Pupil to
be accompanied and assisted by a Parent, education guardian or a
teacher of the Pupil's choice.
|
| d) |
Terminology: In these Terms and Conditions
"Suspension" means that a Pupil has been sent or released home for a
limited period either as a disciplinary sanction or pending the
outcome of an investigation or a Senior Management Review.
"Rustication" means releasing a Pupil home or to an education
guardian for a specified period of time but without further
disciplinary consequences. "Withdrawal" means that the Parents have
withdrawn the Pupil from the School. "Expulsion" and "Removal" mean
that the Pupil has been required to leave ("asked to leave") the
School permanently in the circumstances described below. "Released
home" means that the Head has consented to the Pupil being away from
school for a specified period of time. "Exclusion" means that the
Pupil may not return to school until the arrears of Fees have been
paid. "Exclusion" may also be used as a general expression covering
any or all of the other expressions defined in this clause.
|
| e) |
Sanctions: The School's current policies on
sanctions are available to Parents on the School's Website or in
hardcopy on request before they accept the
offer of a place. These policies may undergo reasonable change from
time to time but will not authorise any form of unlawful activity.
Sanctions may include a requirement to undertake menial but not
degrading tasks on behalf of the School or external community,
detention for a reasonable period, withdrawal of privileges,
Rustication or Suspension, or alternatively being Removed or
Expelled.
|
| f) |
Expulsion: The Pupil may be formally expelled
from the School if it is proved on the balance of probabilities that
the Pupil has committed a very grave breach of discipline or a
serious criminal offence. Expulsion is reserved for the most serious
breaches. The Head shall act with procedural fairness in all such
cases. The Head's decision to expel shall be subject to a Senior
Management Review if requested by the Parents. The Parents will be
given a copy of the Review procedure current at the time. The Pupil
shall be suspended from the School pending the outcome of the
Review. See Clause 6l and 6m.
|
| g) |
Fees After Expulsion: If the Pupil is expelled,
there will be no refund of Fees for the current or past terms. There
will be no charge to Fees in lieu of notice but, save for any
contrary provisions in any other agreement made between the Parents
and the School, all arrears of Fees and any other sums due to the
School will be payable.
|
| h) |
Removal in Other Circumstances: The Parents may
be required to remove the Pupil permanently from the School if, after consultation with the Parents and if appropriate
the Pupil, the Head is of the opinion that: |
| |
- By reason of the Pupil's conduct, behaviour or progress, the
Pupil is unwilling or unable to benefit sufficiently from the
educational opportunities and/or the community life offered by
the School; or
- If the Parents have treated the School or members of its
staff unreasonably; then
|
| |
in these circumstances, and at the sole discretion of the Head,
withdrawal of the Pupil by the Parents may be permitted as an
alternative to Removal being required. The Head shall act with
procedural fairness in all such cases, and shall have regard to the
interests of the Pupil and the Parents as well as those of the
School. The Head's decision to require the Removal of the Pupil
shall be subject to a Senior Management Review if requested by the
Parents. The Parents will be given a copy of the Review procedure
current at the time. The Pupil shall be suspended from the school
pending the outcome of the Review. See Clauses 6l and 6m.
|
| i) |
Fees Following Removal: If the Pupil is removed
or withdrawn in the circumstances described in Clause 6h, the
provisions relating to Fees shall be as set out in Clause 6g.
|
| j) |
Discretion of the Head: The decision to
Exclude, Suspend or require Removal or Expel a Pupil and the manner
and form of any announcement shall be at the sole discretion of the
Head who will act fairly when exercising his discretion. In no
circumstances shall the School or its staff be required to divulge
to Parent/s or others any confidential information or the identities
of Pupils or others who have given information which has led to
Suspension, the requirement to Remove or Expulsion, or which the Head
has acquired during an investigation.
|
| k) |
Leaving Status: The expression "leaving status"
has reference to whether the Pupil has been Expelled, Removed or
Withdrawn, and to the record which will be entered into the Pupil's
file as to the reason for leaving, and the Pupil's status as a
leaver, and the transfer of the Pupil's work to another educational
establishment and to the nature of the reference which will be given
in respect of the Pupil, and also to the financial aspects of the
Pupil's leaving. These and any other relevant matters of leaving
status will be discussed by the Head with the Parents and, where
appropriate with the Pupil, at the time of the Head's decision.
|
| l) |
Review: In
the event of Expulsion or of a Pupil's Removal being required,
Parents may ask for a Senior Management Review of the decision.
Parents cannot request a Senior Management Review regarding a
decision to Suspend a Pupil unless the Suspension is for 11 school
days or more, or would prevent the Pupil taking an examination. The
request must be made in writing as soon as possible and in any event within
seven days of the decision being notified to the Parents. Parents
will be entitled to know the names of the Senior Managers who make
up the Review Panel.
|
| m) |
Review Procedure:
The Head will advise the Parents of the procedure (current at that
time) under which a Senior Management Review shall be conducted by a
panel of no less than three Senior Managers. If the Parents request
a Senior Management Review, the Pupil will be suspended from the
school until the review procedure has been completed. While
suspended, the Pupil shall remain away from School and will have no
right to enter School premises during that time without written
permission from the Head. A Senior Management Review will be
conducted under fair procedures in accordance with the requirements
of natural justice.
|
| n) |
Access: A Pupil who has been Withdrawn,
Excluded, Suspended, Removed or Expelled from the School has no
right to enter school premises without the written permission of the
Head. |
| |
|
| a) |
Force Majeure: An event beyond the reasonable
control of the parties to this agreement is referred to below as a
"Force Majeure Event" and shall include such events as an act of
God, fire, flood, storm, war, riot, civil unrest, act of terrorism,
strikes, industrial disputes, outbreak of epidemic or pandemic
disease, failure of utility service or transportation.
|
| b) |
Notification: If either party to the Agreement
is prevented from or delayed in carrying out its obligations under
this Agreement by a Force Majeure Event, that party shall
immediately notify the other in writing and shall be excused from
performing those obligations while the Force Majeure Event
continues.
|
| c) |
Continued Force Majeure: If a Force Majeure Event continues for
a period greater than 90 days, the party who has provided
notification under clause 7(b) above shall notify the other of the
steps to be taken to ensure performance of this Agreement.
|
| d) |
Termination: If the Force Majeure Event
continues for a total period greater than 120 days, the party in
receipt of notification under Clause 7b may terminate this agreement
by providing at least three working days' notice in writing to the
other party. |
| |
|
| a) |
Special Precautions: The Head needs to be aware
of any matters that are relevant to the Pupil's security and safety.
The Head must therefore be notified in writing immediately of any
court orders or situations of risk in relation to a Pupil for whom
any special safety precautions may be needed. A Parent may be
Excluded from the school premises if the Head, acting in a proper
manner, considers such Exclusion to be in the best interests of the
Pupil or of the School.
|
| b) |
Leaving School Premises: The School will do all
that is reasonable to ensure that the Pupil remains in the care of
the School during School hours but we cannot accept responsibility
for the Pupil if he/she leaves the School premises in breach of
School Rules.
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| c) |
Liability and Insurances: The School does not,
unless there has been negligence or other wrongdoing, accept
responsibility for accidental injury or loss of property. The School
undertakes to maintain those insurances which are prescribed by law.
All other insurances are the responsibility of Parents including
insurance of the Pupil's personal property whilst at school or on
the way to or from school or on any school sponsored activity away
from the School. The School does not accept the responsibilities of
an insurance agent for any purposes connected with insurance taken
out by Parents. If our performance of our obligations under this
contract is prevented or delayed in any way by anything you do (or
fail to do), we shall not be liable.
|
| d) |
Absence of Parents: When both Parents will be
absent from the Pupil's home overnight or for a 24 hour period or
longer, the School requires, in writing, the name, address and
telephone number for 24 hour contact of the adult who will have the
care of the Pupil, including picking up and dropping off
arrangements.
|
| e) |
School Trips: A variety of school trips will be
arranged for your child while a Pupil here. The cost of school
trips will be charged at cost as and when required or added to the
bill (School Trips are not covered by the "Facilities and Transport
Hire" charge). Parents' prior consent will be sought for all trips
where a cost will be incurred. The Pupil is subject to school
discipline in all respects whilst engaged in a school trip. All
additional costs of special measures (such as medical costs, taxis,
air fares, or professional advice) necessary to protect the Pupil's
safety and welfare, or to respond to breaches of discipline, will be
charged at cost price.
|
| f) |
Transport: The Parents consent to the Pupil
travelling by any form of public transport and/or in a motor vehicle
driven by a responsible adult who is duly licensed and insured to
drive a vehicle of that type.
|
| g) |
Conduct of Parents: The Parents will behave
appropriately when on School premises. This includes complying with
the School's Rules and Regulations currently in force.
|
| h) |
Photographs: It is the custom and practice of
most independent schools, and of this School, to include some
photographs or images of pupils in the School's promotional material
such as the prospectus and website. We would never disclose the name
or home address of a child. Parents who
do not want their child's photograph or image to appear in any of
the School's promotional material must make sure their child knows
this and must write immediately to the Head requesting an
acknowledgement of their letter.
|
| i) |
Pupils' Personal Property: Pupils are
responsible for the security and safe use of all personal property
and are responsible for ensuring that all such property (including
items of uniform) is clearly marked with the owner's name.
|
| j) |
Complaints: Any question, concern or complaint
about the pastoral care or safety of a pupil or any educational
issue or other matter connected to the School must be notified to
the School as soon as is practicable. A complaint about any matter
of School policy or administration not involving a decision to Expel
or Remove a Pupil must be made in accordance with the School's
published complaints procedure, a copy of which is available
here.
Every reasonable complaint shall receive fair and proper
consideration and a timely response.
|
| k) |
Progress Reports: The School monitors each
Pupil's progress and, at least twice a year, Parents will receive a
report either in writing or at a meeting with the Class Teachers.
|
| l) |
Learning Difficulties: The School will do all
that is reasonable in the case of each Pupil to detect and deal
appropriately with a learning difficulty which amounts to a 'special
educational need'. At Crowstone Preparatory School each Pupil will
be 'assessed' for learning difficulties during the first term at the
School and at key stages thereafter. Parents will be notified if it
appears that formal assessment by an educational psychologist is
advisable or the Pupil is falling behind with studies. A formal
assessment can be arranged at the Parents' expense
by the Parents - the School will assist the Parents by advising on
procedure and by providing appropriate contact details. Our staff are not qualified to make a
medical diagnosis of conditions such as those commonly referred to
as ADHD or other learning difficulties.
|
| m) |
Information about Learning Difficulties:
Parents must notify the Head in writing if they are aware or suspect
that a Pupil (or anyone in his or her immediate family) has a
learning difficulty and the Parents must provide the School with
copies of all written reports and other relevant information.
Parents will be asked to withdraw the Pupil, without being charged
Fees in lieu of notice if, in the professional judgement of the Head
and after consultation with the Parents and with the Pupil (where
appropriate), the School cannot provide adequately for a Pupil's
special educational needs. Additional support teaching may be
provided by the School’s Learning Support Department where
appropriate.
|
| n) |
Confidentiality: The School will take care to
preserve the confidentiality of information concerning the Pupil.
The Parents authorise the Head to override their own and (so far as
they are entitled to do so) the Pupil's rights to confidentiality,
and to impart confidential information on a "need to know" basis
where necessary to safeguard or promote the Pupil's welfare or to
avert a perceived risk of serious harm to the Pupil or to another
person at the School. In some cases, members of staff may need to be
informed of any particular vulnerability the Pupil may have. The
School reserves the right to monitor the Pupil's e-mail
communications and internet use. The Parents' consent to the School
making enquiries of the Pupil's previous schools for confirmation
that all sums due and owing to such schools have been paid. The
Parents also consent to the School informing any other school or
educational establishment to which the Pupil is to be transferred if
any Fees of this School are unpaid.
|
| o) |
Examinations, Reports and References: Where
Parents are separated or divorced, reports and other information
will be sent to the person with whom the Pupil normally resides.
Duplicate reports will be sent on written request only.
|
| p) |
Intellectual Property: The School reserves all
rights and interests in any intellectual property rights arising as
a result of the actions of a Pupil in conjunction with any member of
staff of the School and/or other Pupils at the School for a purpose
associated with the School. Any use of any such intellectual
property rights by a Pupil is subject to the terms of a licence to
be agreed prior to the use between the Pupil, his/her Parents and
the School. The School will allow the Pupil's role in
creation/development of intellectual property to be acknowledged.
|
| q) |
Prospectus: The School does not produce a
prospectus preferring instead to post relevant and current
information on the School’s website. Hard copies of any of the
material on the website are available on request.
|
| r) |
School Website: The School website describes
the broad principles on which the School is currently run and gives
an indication of our history and ethos. Although believed correct at
the time of printing, the website forms no part of any agreement
between the Parents and the School. Parents wishing to place
specific reliance on a matter given on the website should seek
written confirmation of that matter before entering any agreement
with the School.
|
| s) |
Legal Contract: The offer of a place and its
acceptance by the Parents give rise to a legally binding contract on
the terms of these Terms and Conditions.
|
| t) |
Third Party Rights: Only the School and the
Parents are parties to this contract. The Pupil is not a party to
it. The acts and omissions of Parents are binding on the Pupil and
vice versa as to any matter of behaviour, discipline and Fees. All
requests and authorities by the Parents are treated as being made on
behalf of the Pupil and vice versa.
|
| u) |
Data Protection: By signing the Acceptance
Letter or by agreeing to be bound by these Terms and Conditions the
Parents on behalf of themselves and so far as they are able on
behalf of the Pupil authorise the School to process personal
information including financial and sensitive personal information
as is deemed necessary for the legitimate purposes of the School.
The following Data Protection Information Notes explain the purposes
for which we process personal information: |
| |
- The School holds information about you and your child
including exam results, parent and guardian contact and
financial information and details of medical conditions. That
information is kept electronically on the School's information
management system or manually in indexed filing systems.
- These notes refer to the "processing" of information.
"Processing" is a catch-all term and means obtaining or
recording information or carrying out any operation on the
information such as storing or using the information or passing
it on to third parties.
- The School processes information about you and your child in
order to safeguard and promote the welfare of your child,
promote the objects and interests of the School, facilitate the
efficient operation of the School and ensure that all relevant
legal obligations of the School are complied with. Examples may
include: the School keeping details of medical conditions from
which your child may suffer so that staff will be able to
respond appropriately in the event of a medical emergency,
and/or the School processing financial information obtained from
you or from third parties such as credit reference agencies.
- The School may process different types of information about
your child for the purposes set out above. That information may
include:
- Medical records and information, including details of
any illnesses, allergies or other medical conditions
suffered by your child
- Personal details such as home address and date of birth
- Information concerning your child's performance at
School, including discipline record, School reports and
examination reports
- Financial information including information about the
payment of fees at this School or any other School
- Where, in the professional opinion of the Head it is
deemed necessary we may share information with certain third
parties
- If the School enters into a separate arrangement for the
repayment of fees, we may, in order to verify your identity and
so that we can assess your application for credit, search the
files of any licensed credit reference agency who will keep a
record of that search and details about your application. This
record will be seen by other organisations which make searches
about you. Failure to supply information may result in a refusal
of credit.
|
| v) |
Consumer Protection: Care has been taken to use
plain language in these Terms and Conditions and to explain the
reasons for any of the terms that may appear one-sided. If any
word/s, alone or in combination, infringe the Unfair Terms in
Consumer Contracts Regulations 1999 or any other provision of law,
they shall be treated as severable and shall be replaced with words
which give as near the original meaning as may be fair.
|
| w) |
Interpretation: These Terms and Conditions
supersede those in the prospectus and elsewhere and will be
construed as a whole. Unless required to make sense of the immediate
context, headings are for ease of reading only and are not otherwise
part of the Terms and Conditions.
|
| x) |
Jurisdiction: This contract was made at the
School and is governed exclusively by the law of England and Wales
and the parties submit to the non-exclusive jurisdiction of the
Courts of England and Wales.
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