1. These terms and conditions reflect the custom and practice of private schools and they form a legal contract for educational services between the Parent and the School (the “Contract”). The terms and conditions are intended to promote the education and welfare of each child and the stability, forward planning, proper resourcing and development of Pond Square Pre-School Ltd. It is accepted that reasonable changes may be made from time to time to these terms and conditions, including, but not limited to, the level of Fees, the School’s curriculum, the structure and composition of classes, the length of any Term and the length of school days. All changes to these terms and conditions shall replace all previous Terms and Conditions and shall take immediate effect and shall be notified to the Parents as soon as practicable.
In addition to the words or phrases defined in this Contract, the following terms shall have the following meanings:
2. “The School”/”We”/”Us” means Pond Square Pre-School Ltd (co. reg), a company limited by shares as now or in the future constituted (and any successor) trading as Pond Square Pre-School Ltd as applicable.
3. “The Principal” is the Headteacher of the School and is responsible for the day to day running of the School. This expression includes those to whom any duties of the Principal have been delegated.
4. “The Parent(s)”/”You” means any person who has signed the Acceptance Form and this Contract and/or who has accepted responsibility for the Child’s attendance at the School. Parents shall at all times be legally responsible, individually and jointly, for complying with their obligations under this Contract. References to Parent or Parents or You refer to each and every Parent signing this Contract. 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 reasons which justify withholding information to safeguard the interest and welfare of the Child.
5. “The Child” is the Child named on the Registration Form and this Contract. The age of the Child will be calculated in accordance with U.K. custom.
6. “Term”: means the period between and including the first and last days of each School term. This does not include holiday schools.
7. “Notice”: means any one (1) Term’s notice given by the Parents in accordance with clause 52.
8. “Fees” means: “the tuition charge for each Term set by the School together with the Registration Fee, Place Acceptance Deposit and all other extras including, but not limited, to clothing, accessories, cultural events, and late payment charges, if incurred.
9. “Withdrawal” means the removal of the Child from the School by the Parents in accordance with clause 54.
10. Interpretation: These terms and conditions supersede those previously in force and will be construed as a whole. Headings, unless required to make sense of the immediate context, are for the ease of reading only and are not otherwise part of the terms and conditions. Examples given in these terms and conditions are by the way of illustration only and are not exhaustive.
C: The School
11. Our Aims: To provide an exceptional early years’ education for children aged between 2.5 and 5 years. To nurture the personality of the Child and meet his or her individual needs through the Montessori Philosophy and the Early Years Foundation Stage Curriculum (EYFS). We are committed to providing a secure environment in which the child can develop at his or her own pace. Parents are expected to give their support and encouragement to the aims of the School and to uphold and promote its good name.
D: Entry to the School
12. Minimum Attendance: We do not accept any child for less than three (3) complete and consecutive Terms. Two-year-olds attend a minimum of 3 mornings. Three to six-year-olds attend either 3 full days or 5 full days.
13. Entry Process: The Child’s entry to the School is through the following process: (1) completion and delivery to the School of a Registration Form and registration fee, (2) a Place Offer is made to the Parent, (3) a Place Acceptance is returned to the School together with the signed terms and conditions, Place Acceptance Deposit and an advance payment in respect of the First Term’s Fees (see clauses 15 and 16).
14. Registration Form: The Registration Form registers the Child at the School. A Child will be considered for entry to the School after the Registration Form has been completed by the Parent and returned to the Principal together with a non-returnable Registration Fee of £85.00 which must be made by bank transfer as indicated in the registration form. Any Place Offer will be subject to the availability of a place at the School and will be at the absolute discretion of the Principal.
15. Place Offer: Upon any place becoming available for the Child, the Principal will write to the Parents offering a place at the School on these terms and conditions and enclosing the Acceptance Form in duplicate.
16. Place Acceptance: To accept a Place Offer Parents must send to the School their written acceptance of the place together with one correctly signed copy of the Contract (a copy of which will be given to the Parent with the Place Offer letter) and payment of the Place Acceptance Deposit. The Place Acceptance will be confirmed upon receipt of the Place Acceptance Deposit. The Place Acceptance Deposit will not be returned if you do not subsequently take up the place.
17. Place Acceptance Deposit: The Place Acceptance Deposit is £500 as notified by the School to the Parents at the time that the Place Offer is made. The Place Acceptance Deposit will be held by the School (in a separate nominated account) and will only be returned to the Parents, without interest, when the child leaves the School PROVIDED THAT (a) the Child has attended the School for a minimum of three consecutive Terms (b) there are no outstanding Fees and (c) Notice has been given to the School in accordance with clause 52. The Place Acceptance Deposit cannot be used towards any Fees (including the Minimum Payment) or in lieu of Notice.
18. Legal Contract: The offer of a place and its acceptance by the Parents give rise to a legally binding contract on these terms and conditions.
19. Termination of the Contract: Where the terms of Clauses 52 and 56 apply, the School may terminate this Contract with the Parents at any time by giving the Parent one (1) Term’s written notice. Such notice will be given on or before the last day of the Term immediately preceding the intended final Term. The School will retain the Place Acceptance Deposit to discharge any sums owing to the School by the Parents at the date of termination of the Contract and shall return any balance of the Place Acceptance Deposit (without interest) to the Parents as soon as practicable after the child leaves the School. If the Place Acceptance Deposit is insufficient to discharge all the outstanding Fees at the end of the Contract these will be payable by the Parents upon written demand by the School. Any termination of the Contract by the Parents shall be in accordance with clauses [notice and withdrawal].
E: Pastoral Care
20. Meaning: Pastoral care is a thread that runs throughout all aspects of life at this school and is directed towards the happiness, safety and welfare of the Child.20. Meaning: Pastoral care is a thread that runs throughout all aspects of life at this school and is directed towards the happiness, safety and welfare of the Child.
21. Our Commitment: We will do all that is reasonable to safeguard and promote the Child’s welfare and to provide pastoral care to at least a standard required by law, in the particular circumstances and often to a much higher standard. We will respect the Child’s human rights and freedoms which must, however, be balanced with lawful needs and rules of our school community and the rights and freedoms of others.
22. Physical Contact: Parents hereby give consent to such physical contact as may accord with good practice for a school of this type and taking into account the age of the children, is appropriate and proper for teaching and instruction and for providing comfort to the children in distress or to maintain safety and good order, or in connection with the Child’s health and welfare.
23. Concerns/Complaints: Any question, concern or complaint about the pastoral care or safety of the Child must be made in the first instance to the Principal. In the absence of the Principal, the designated acting Deputy Manager is authorised to deal with any concerns or complaints.
24. Principal’s Authority: The Parents authorise the Principal to take and/or authorise in good faith all decisions which the Principal considers on proper grounds will safeguard and promote the children’s welfare and in the interests of the School.
25. Ethos: The ethos of the School is to foster good relationships between members of staff, the Child and between members of staff and other children. Bullying, harassment, victimisation and discrimination will not be tolerated. The School and its staff will act fairly in relation to the Child and Parents and we expect the same of the Parents and children in relation to the School.
26. Confidentiality: The Parents authorise the Principal to override their own and (so far as they are entitled to do so) the Child’s rights of confidentiality and to impart confidential information in respect of the Child his or her medical history or any vulnerability of the Child to teachers, other members of the School’s staff, any appropriate authority or professional, at the discretion of the Principal, where necessary to safeguard and or promote the Child’s welfare or to avert a perceived risk of serious harm to the Child or to another person at the School.
27. Special Precautions: The Principal needs to be aware of any matters that are relevant to the Child’s safety and security. The Principal must be notified in writing immediately of any court orders or situations of risk relating to the Child for whom any special safety precautions may be needed. Parents or other specified persons may be excluded from the School premises if the Principal based on information properly provided to him/her acting in a proper manner, considers such exclusion to be of the best interest of the child or of the School.
28. Absence of Parents: When both parents are absent from the Child’s home overnight or for a 24-hour period or longer the School must be told in writing the name, address and telephone number of the adult who will have care of the Child.
29. Permission to Collect: The School must be informed if someone other than the Parent is collecting the Child. No child will be allowed to leave the School premises with anyone who has not been given prior written consent by the Parent of the Child.
30. Belongings: The Child should not bring money, valuables, sweets or toys with them to the School, as the School does not accept responsibility for loss or damage to such items. A single comforter will be allowed, subject to agreement by the School.
31. Clothing: Additional spare clean clothing for the Child must remain at the School at all times. All clothing must be named, and the School will not take responsibility for the loss of unnamed clothing.
32. Food: Any foods containing traces of nuts are not allowed in the School.
33. Dietary Requirements: Each Child attending the School for a full day requires a packed lunch. The School reserves the right to inspect any Child’s pack lunch and remove from it any foodstuffs prohibited under clause 31. Parents should advise the School in writing of any dietary requirements or allergies affecting their Child. A doctor’s note should be provided if the child has a medically diagnosed food allergy. The School will take reasonable care to ensure that a child with a food allergy or intolerance of which it is aware does not come into contact with certain foods but is, shall not be liable in the event that the Child accidentally comes into contact with any food or other substance to which it is allergic or intolerant. 33. Dietary Requirements: Each Child attending the School for a full day requires a packed lunch. The School reserves the right to inspect any Child’s pack lunch and remove from it any foodstuffs prohibited under clause 31. Parents should advise the School in writing of any dietary requirements or allergies affecting their Child. A doctor’s note should be provided if the child has a medically diagnosed food allergy. The School will take reasonable care to ensure that a child with a food allergy or intolerance of which it is aware does not come into contact with certain foods but is, shall not be liable in the event that the Child accidentally comes into contact with any food or other substance to which it is allergic or intolerant.
34. Liability: Save as provided by law, The School does not accept responsibility for loss suffered by the Child or Parents or their property whilst in the School howsoever caused.
F: Health and Medical Matters
35. Medical Declaration and Disclosure: Parents must complete a confidential medical and background form on the first day of the first term giving full details of any known medical condition health problem or allergy affecting the Child, any learning difficulty, special educational need or emotional or behavioural difficulty, or any family circumstances or court order which might affect the Child’s welfare or happiness, or any concerns about the Child’s safety. At all times whilst the Child attends the School the Parents must inform the Principal immediately in writing if the Child develops any known medical condition, health problem or allergy becomes unable to take part in any School activities or has been in contact with infectious diseases.
36. Illness and Infectious Diseases: No Child will be accepted into the School with an infectious disease and must not return to school until medically fit. The School reserves the right to receive a doctor’s certificate confirming the Child is not suffering from or maybe incubating or carrying an infectious disease The Child must not be brought into School unwell and the School reserves the right to send the Child home if, in its absolute discretion, the Child appears unwell. Every Parent must provide the School with a current daytime telephone number.
37. Medicine: The School will not administer any medicine to a Child unless prescribed by a doctor. The School will maintain a medical register which must be signed by the Parents before any medicine is given.
38. Emergency Medical Treatment: By signing this Contract, the Parents authorise the Principal to consent, but only if the Parents cannot be contacted in time, to the Child receiving any emergency, medical treatment including blood transfusions, general anaesthetic and operations under the National Health Service or at a private hospital where certified by an appropriately qualified person necessary for the Child’s immediate welfare
39. Learning Difficulties: The School will do all that is reasonable in the case of the Child to detect and deal appropriately with a learning difficulty which, in their reasonable assessment amounts to a “special educational need”. The School’s staff are not, however, qualified, to make a medical diagnosis of conditions such as those commonly referred to as dyslexia, or of other learning difficulties.
40. Information about Learning Difficulties: Parents must notify the Principal if they are aware or suspect that the Child (or anyone in the Child’s immediate family) has a learning difficulty. Parents must provide copies of all written reports and other relevant information in respect of such learning difficulty. The School will endeavour to support the Child and provide the relevant support to support the Child’s special educational needs. In the event that the child is diagnosed with a special need where additional classroom support is required or a long-term special needs, teacher is deemed appropriate, the cost of providing additional staffing for the Child will be added to the Fees If, in the professional judgment of the Principal and after consultation with the Parents and relevant outside support agencies, the School finds it cannot provide adequately for the Child’s special educational needs, the Parents will be asked to withdraw the child from the School at the end of the current Term. Subject to all Fees up to the end of that Term being paid in full, the Place Acceptance Deposit will be returned to the Parents (without interest). In these circumstances, the Minimum Payment will not apply.
41. Our Fees are set to reflect the cost of the service being provided. Parents will be notified in advance of any extra costs such as day trips or external activities.
42. Fee Increases: Fees are reviewed annually but may be subject to increase from time to time due to exceptional circumstances. Written notice of any increase in the Fees will be given to the Parents by the School no later than one (1) month before the Fee increase will apply.
43. Minimum Payment: By signing and returning this Contract the Parents confirm irrevocably that they will pay all Fees in accordance with this Contract, subject always to a Minimum Payment of three (3) full Terms Fees per Child.
44. Invoices: Invoices in respect of Fees for each term will be sent to the Parents by electronic mail no later 4 weeks before the start of the Term.
45. Payment: Fees in respect of each term are payable in advance within 14 days from the date of the invoice. Fees may be paid by direct debit or bank transfer only. Fees are the joint responsibility of each person who has signed the place of acceptance and this contract.
46. Late Payment: Any invoice paid after its due date will be subject to a late payment fee of £75.00. The school reserves the right to exclude the Child in the event of late and/or non-payment of the Fees as outlined in clause 46.
47. Exclusion for Non-Payment: If fees remain unpaid prior to the first day of any term; the School reserves the right to exclude the child from the school, subject to giving 3 working days’ written notice to the parent. The School may treat non-payment of fees as a termination of this contract and retain the place acceptance deposit, in addition to any rights it may have in respect of any Minimum Payment or other amounts outstanding pursuant to this contract. The School will only consider allowing the child to return to the School once the fees have been paid in full. Exclusion on these grounds is not a disciplinary matter.
48. Payment of fees by a Third Party: The School may at the discretion of the Principal accept payment from a third party. However, an agreement with a third party (such as a grandparent) to pay the fees or any other sum due to the School does not remove the Parent’s liability under this contract. Any failure to pay fees by a third party does not affect and/or prejudice the operation of any of this contract unless express consent and/or agreement has been given in writing to the parents by the principal.
49. Voucher Payments: The school accepts voucher payments on the following terms. A voucher payment registration form must be completed by the party wishing to pay by voucher and an administration fee of £25.00 must be paid to the school on registration. Vouchers must be accumulated and paid in a lump sum in respect of a term’s fees but cannot be used for the first term’s fees. Please note that it takes 5 working days for the voucher payments to be credited to the School’s accounts and therefore payment must be made in time for the payments to be received by the School on or before the due date on the invoice and no later than the first day of the relevant Term. The School will not accept monthly voucher payments. Voucher payments which are not credited to the school by the due date may result in a late payment fee if the full balance of the Fees has not been paid by the Parent on or before the first day of the relevant term. Voucher payments will not be accepted for holiday schools.
50. Late Collection: Parents are required to collect the child promptly at the end of the child’s final session each day.
51. Refund/Waiver: Fees will not be refunded in the event of absence by the Child through sickness, holiday or any other reason. This clause is necessary so the School can properly budget for its own expenditure and to ensure that the cost of individual default does not fall on the other Parents. No compensation will be paid, or refund given to the Parents if the School has to be closed due to any reason beyond the control of the School, such as technical problems, requested council evacuation leading to school closure or severe weather conditions.
I: Cancellation, Withdrawal and Fees in Lieu
52. “Notice”: Notice must be given of the Parent’s intention to terminate this contract and withdraw the child from the School. Any Notice must be in writing and delivered to and received by the Principal before the first day of the intended final Term. Notice by any other means will not be accepted. The Principal and/or any other staff member of the School will not accept notice of withdrawal given verbally or in any other form. Any notice given in the course of any term will not be effective until the end of the following term and fees will be payable until the end of the notice period. Parents will remain liable for all fees in full until such time as the correct Notice is given and has expired. NO OTHER FORM OF NOTICE WILL SUFFICE AND/OR WILL BE ACCEPTED.
53. Acceptance of Notice: On acceptance of Notice by the Principal written confirmation that Notice has been accepted by the School will be given to the Parents. IF THE PARENT DOES NOT HOLD WRITTEN ACCEPTANCE BY THE PRINCIPAL OF NOTICE THEN ANY NOTICE OF WITHDRAWAL MAY BE DEEMED INVALID AND PLACE ACCEPTANCE DEPOSIT MAY RETAINED AND PARENTS MAY BE LIABLE FOR FURTHER FEES.
54. Withdrawal: Upon the Withdrawal of the child all sums due to the School must be paid in full. The place acceptance deposit (or any balance thereof) will only be returned to the parents once the school has received all outstanding fees. If the child is withdrawn from the school other than in accordance with the notice provisions, the school will retain the place acceptance deposit to be applied against the minimum payment, any unpaid fees or other sums due to the school pursuant to the contract and may recover any outstanding amounts from the parents.
55. Cancellation: The place acceptance deposit will be retained by the school if, for any reason, you cancel your place acceptance or the child does not join the school.
56. Removal: In extreme cases, the Parent(s) may be required to remove the child permanently from the school if, because of the conduct of a parent or the child, it appears to the Principal that the continued presence of the Child is incompatible with the interest of the School. Wherever possible, the School will not terminate the Contract without good cause and following full consultation with Parents. In this event, all outstanding fees must be paid, but the Place Acceptance Deposit may be refunded without interest and no Minimum Payment will be due.
57. Closure: In the event, the school is forced to cease trading a terms notice will be given to all parents.
58. Relocation: In the event, the school has to relocate its premises a terms notice will be given to all parents.
J: General Conditions
59. Term Dates: Term dates are planned in advance. Notice of the Term days for each School year will be given to the Parents before the last day of the last term of each School year. The School cannot guarantee that the School Term dates will always correspond with other schools. There will be no morning school on the last day of term to prepare for celebrations. All children and parents to arrive at 12.30 pm.
60. Insurance: The School undertakes to maintain those insurances which are prescribed by law. Details of the insurance policies maintained by the School are available to Parents on reasonable request. All other insurances are the responsibility of the Parents.
61. Management: It is our intention that the terms and conditions will always be operated so as to achieve a balance of fairness between the rights and needs of Parent and Child, and those of the School community as a whole. We aim also to promote good order and discipline throughout our School community and to ensure compliance with the law.
62. Teaching Staff: Whilst the School endeavours to employ teachers with the most suitable qualities and qualifications, the School reserves the right to use third-party agency staff in the event of a teacher falling ill, or leaving with short notice. The school will employ a mixture of Montessori qualified and early years qualified staff to meet the requirement of the Early Years Foundation Stage.
63. Complaints procedure: Any complaints must be made to the Principal in writing. As per complaints procedure, all complaints will be investigated and responded to within 28 days of receipt.
64. Third-Party Rights: Only the School and the Parents are parties to the Contract. The Child is not a party to it the acts and omissions of parents are binding on the Child and vice versa as to any matter of behaviour, discipline and fees. All request and authorities by the Parents are treated on being on behalf of the Child.
65. Liability: The liability of each Parent to the School under this Contract is joint and several and we may release or enter into any compromise with the Parents without affecting our rights against the other parents
66. Jurisdiction: This contract is governed exclusively by English Law.
PLEASE SIGN AND RETURN THIS WHOLE DOCUMENT TOGETHER WITH PAYMENT OF YOUR REFUNDABLE PLACE ACCEPTANCE DEPOSIT of £550.00 THIS DOCUMENT SHALL ALSO ACT AS A RECEIPT OF YOUR PLACE ACCEPTANCE DEPOSIT.
|Child’s Full Name:|
|Days and times attending:|
|I have read and understood the terms and conditions and agree to be bound by them.|
|Name of Parent/Legal Guardian 1:|
|I have read and understood the terms and conditions and agree to be bound by them.|
|Name of Parent/Legal Guardian 2:|
Please transfer a refundable deposit of £550.00 into the following account:
|Sort Code: 09-06-66|
|Account number: 42870489|
|Please use your child’s name as a reference:|
|Office Use Only:|
|Date terms and conditions received:|
|Method of payment:|