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Parent

LEGALS

Terms & Conditions

  1. Introduction

    1. These Terms and Conditions reflect the custom and practice of independent schools for many generations and they form the basis of a legal contract for educational services. The terms and conditions are intended to promote the education and welfare of each Student and the stability, forward-planning, proper resourcing and development of the School.

    2. Our prospectus and website are not contractual documents. Please see Section K for further information.

    3. Fees & Notice: The rules concerning fees and notice are of particular importance and are set out in Sections H & I below.

    4. Managing Change: This School, as any other, is likely to undergo a number of changes during the time your child is a Student here. Please see Section K for further details of the changes that may be made and the consultation and notice procedures that will apply.

    5. Documents referred to: Before accepting the offer of a place, Parents and Students should read the Student & Parent Handbook. The Handbook for the present academic year appears on the School website and is up-dated annually. Parents also have an opportunity, on request, to see any of the other documents referred to in these Terms and Conditions. Please now refer to Section K.

  2. Terminology

    1. “The School”/”We”/”Us” means Hurtwood House School as now or in the future constituted (and any successor). The School is constituted as a Limited Liability Partnership (LLP). The School is also referred to as “Hurtwood” or “Hurtwood House”.

    2. “The Partners” mean the members of the Limited Liability Partnership who are responsible for the governance of the School.

    3. “The Headmaster” is responsible for the day-to-day running of the School and that expression includes those to whom any duties of the Headmaster or of the Partners have been delegated.

    4. “The Parents”/”You” means any person who has signed the Application Form and/or who has accepted responsibility for the Student’s attendance at this School. Parents are legally responsible, individually 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 Student 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.

    5. “The Student” is the person named on the Application Form. The age of the Student will be calculated in accordance with UK custom.

  3. Application and Entry to the School

    1. Application and Entry: Applicants will be considered as potential candidates for entry to the School when the Application Form has been completed and returned to us and the Registration Fee paid. Places will be subject to availability and the Student and Parents satisfying the admission requirements at the time. Parents of prospective Students receive a copy of the School’s admissions criteria prior to interview at the School. “Admission” ccurs when the School offers a place and the Parents accept the offer. “Entry” is the date when a Student attends the School for the first time under this contract.

    2. Equal Treatment: The School is a co-educational boarding and day school for Students aged 15-19 years. The School 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 the Special Educational Needs & Disability Act 2001 in order to accommodate the needs of applicants, Students and members of the staff who have disabilities for which, after reasonable adjustments, we can cater adequately.

    3. Application for a Place and Registration Fee: A registration fee (“Registration Fee”) as shown on the Fees List for the relevant year will be payable when the Parents complete and return to the School a signed Application Form. If on receipt of a completed application form a place for the prospective Student is not made available by the School, the RegistrationFee will be returned in full to the Parents.

    4. Confirmation of a Place and Registration Fee: If on receipt of a completed application form the School confirms a place for the Student, £300 of the Registration Fee paid by the Parents shall be retained as a non-refundable confirmation fee and the balance of the Registration Fee will be held as a deposit in the general funds of the School and will be transferred to the Hurtwood House Foundation after deduction of any sums due to the School on leaving unless the Parents request the balance is repaid to them, such request shall be in writing addressed to the Headmaster before the last day of December in the year the Student leaves the School.

  4. Pastoral Care

    1. Meaning: 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 Student and the integrity of the house and school community.

    2. Our Commitment: We will do all that is reasonable to safeguard and promote the Student’s welfare and to provide pastoral care to at least the standard required by law in the particular circumstances and often to a much higher standard. We will respect the Student’s human rights and freedoms which must, however, be balanced with the lawful needs and rules of our school community and the rights and freedoms of others.

    3. Complaints: Any question, concern or complaint about the pastoral care or safety of a Student must be notified immediately to the Housemaster, or in the case of a grave concern must be notified in writing to the Headmaster and/or by telephone and fax in a case of emergency. A copy of the School’s current Complaints Procedure is supplied to all Parents in the Student & Parent Handbook.

    4. Student’s Rights: A Student 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 or adoptive Parents. If a conflict of interests arises between a Parent and a Student, the rights of, and duties owed to, the Student will in most cases take precedence over the rights of, and duties owed to, the Parent.

    5. Headmaster’s Authority: The Parents authorise the Headmaster to take and/or authorise in good faith all decisions which the Headmaster considers on proper grounds will safeguard and promote the Student’s welfare. 20 Ethos: The ethos of this School must be such as to foster good relationships between members of the staff, the Students themselves and between members of the staff and Students. Bullying, harassment, victimisation and discrimination will not be tolerated. The School and its staff will act fairly in relation to the Students and Parents and we expect the same of Students and Parents in relation to the School.

    6. Physical Contact: Parents give their consent to such physical contact as may accord with good practice and be appropriate and proper for teaching and instruction and for providing comfort to a Student in distress or to maintain safety and good order, or in connection with the Student’s health and welfare.

    7. Disclosures: Parents must, as soon as possible, disclose to the School in confidence any known medical condition, health problem or allergy affecting the Student, any history of a learning difficulty on the part of the Student, or any family circumstances or court order which might affect the Student’s welfare or happiness, or any concerns about the Student’s safety.

    8. Confidentiality: The Parents authorise the Headmaster to override their own and (so far as they are entitled to do so) a Student’s rights of confidentiality, and to impart confidential information on a “need-to-know” basis where necessary to safeguard or promote a Student’s welfare or to avert a perceived risk of serious harm to the Student or to another person at the School. In some cases, teachers and other employees of the School may need to be informed of any particular vulnerability the Student may have. The School reserves the right to monitor the Student’s electronic communications, internet use and data storage. A copy of the school’s Acceptable User Policy will be supplied on request.

    9. Special Precautions: The Headmaster needs to be aware of any matters that are relevant to the Student’s safety and security. The Headmaster must therefore be notified in writing immediately of any court orders or situations of risk in relation to the Student for whom any special safety precautions may be needed. Parents may be excluded from School premises if the Headmaster, acting in a proper manner, considers such exclusion to be in the best interests of the Student or of the School.

    10. Leaving School Premises: We will do all that is reasonable to ensure that the Student remains in the care of the School during school hours but we cannot accept responsibility for a Student who leaves school premises in breach of School Rules and Regulations and we are not legally entitled to do so in the case of a Student aged 16 years or over.

    11. Residence During Term Time: Details about ‘Leave Out’ are contained in the Student & Parent Handbook and on the School website. The Headmaster must be notified in writing immediately if a Student will be residing during term time under the care of someone other than a Parent.

    12. Absence of Parents: When both Parents will be absent from the Student’s home overnight or for a forty eight hour period or longer, the Student’s Housemaster must be told the details for twenty-four hour contact.

    13. Communication with Parents: With the exception of communication regarding cancellation, withdrawal and notice of withdrawal the School will (unless otherwise notified) treat any communication 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.

    14. Education Guardians: The School strongly recommends that a Student of any age whose Parents are resident outside the United Kingdom should have an educational guardian in the United Kingdom who has been given legal authority to act on behalf of the Parents in all respects and to whom the School can apply for authorisation when necessary. The School can accept no responsibility during exeats, half term or the holidays for Students whose Parents are resident abroad and the Parents and guardians of such Students must make holiday arrangements, including travel to and from the School, well in advance. If it is necessary, due to illness, for a student to be cared for away from the school the Parents and guardians must make appropriate arrangements. The responsibility for choosing an appropriate education guardian rests solely with the Parents but the School may be able to assist, by providing Parents with the names of agencies or individuals who have acted as guardians in the past. Parents are responsible in each case for satisfying themselves as to the suitability of an education guardian.

    15. Photographs: It is the custom and practice of most independent schools, and of this School, to include some photographs or images of Students in the school’s promotional material such as the prospectus and website. We would not disclose the name or home address of a Student without the Parents’ consent. Parents who do not want such photographs or images to appear in any of the School’s promotional material must make sure that the Student knows this and must write immediately to the Headmaster requesting an acknowledgement of their letter.

    16. Transport: The Parents consent to the Student 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.

    17. Student’s Personal Property: Students are responsible for the security and safe use of all their personal property including money, mobile phones, mp3 players, watches, computers, calculators, musical instruments and sports equipment, and for property lent to them by the School.

    18. Insurance: Parents are responsible for insurance of the Student’s personal property whilst at school or on the way to and from school or any school-sponsored activity away from school premises. The School, via its insurance brokers, offers fee protection insurance and operates an obligatory personal accident insurance but the School does not accept a contractual duty to do so. Parents may obtain further information on application to the Bursar.

    19. Liability: Unless negligent or guilty of some other wrongdoing causing injury, loss or damage, the School does not accept responsibility for accidental injury or other loss caused to the Student or Parents or for loss or damage to property.

  5. Health and Medical Matters

    1. Medical Declaration: Parents will be asked to complete a form of medical declaration concerning the Student’s health and must inform the Senior School Nurse in writing if the Student develops any known medical condition, health problem or allergy, or will be unable to take part in games or sporting activities, or has been in contact with infectious diseases.

    2. Medical Care: In order that the best use may be made of the facilities and services provided under the National Health Service, every boarder must be registered on the list of the School Medical Officer while a Student at the School. Parents must comply with the School Medical Officer’s quarantine regulations as varied from time to time.

    3. Student’s Health: The Headmaster may at any time require a medical opinion or certificate as to the Student’s general health where the Headmaster considers that necessary as a matter of professional judgement in the interests of the Student and/or the School. A Student of sufficient age and maturity is entitled to insist on confidentiality which can nonetheless be overridden in the Student’s own interests or where necessary for the protection of other members of the school community.

    4. Medical Information: Throughout a Student’s time as a member of the School, the School Medical Officer shall have the right to disclose confidential information about the Student if considered to be in the Student’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.

    5. Emergency Medical Treatment: The Parents authorise the Headmaster to consent on behalf of the Parents to the Student’s receiving emergency medical treatment including blood transfusions within the United Kingdom, general anaesthetic and operations under the National Health Service or at a private hospital where certified by an appropriately qualified person necessary for the Student’s welfare and if the Parents cannot be contacted in time.

  6. Educational Matters

    1. Our Commitment: Within the published range of the School’s provision from time to time, we will do all that is reasonable to provide an educational environment and teaching of a range, standard and quality which is suitable for each Student and to provide education to at least the standard required by law in the particular circumstances, and often to a much higher standard.

    2. Organisation: We must reserve the right to organise the curriculum and its delivery in a way which, in the professional judgement of the Headmaster, is most appropriate to the school community as a whole. Our policy on streaming, setting and class sizes may change from year to year and from time to time and will depend mainly on the mixture of abilities and aptitudes among the Students and may take into account management of friendship groups. Any Parent who has specific requirements or concerns about any aspect of the Student’s education or progress should contact the Housemaster, or any other appropriate member of staff, as soon as possible, or contact the Headmaster in the case of a grave concern.

    3. Progress Reports: The School monitors the progress of each Student and reports regularly to Parents by means of grades and full written reports.

    4. Sex Education: All Students will receive health and life skills education appropriate to their age in accordance with the curriculum from time to time unless the Parents have given formal notice in writing that they do not wish the Student to take part in this aspect of the curriculum.

    5. Public Examinations: The Headmaster may, after consultation with a Parent and Student, decline to enter a Student’s name for a public examination if, in the exercise of professional judgement, the Headmaster considers that by doing so the Student’s prospects in other examinations would be impaired and/or if the Student has not prepared for the examination with sufficient diligence, for example, because the Student has not worked or revised in accordance with advice or instruction from the staff.

    6. Reports and References: Information supplied to Parents and others concerning the progress and character of a Student, and about examination, further education and career prospects, and any references will be given conscientiously and with all due care and skill but otherwise without liability on the part of the School.

    7. Learning Difficulties: The School will do all that is reasonable in the case of each Student to detect and deal appropriately with a learning difficulty which amounts to a “special educational need”. Our 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.

    8. Assessment for Learning Difficulties: If appropriate, the School may recommend the Student undergoes formal assessment for possible learning difficulties. A formal assessment can be arranged by the School at the Parents’ expense or by the Parents themselves.

    9. Information about Learning Difficulties: Parents must notify the Headmaster in writing if they are aware or suspect that a Student has a learning difficulty and the Parents must provide us with copies of all written reports and other relevant information. Parents will be asked to withdraw the Student, without being charged Fees in lieu of notice if, in the professional judgement of the Headmaster and after consultation with the Parents and with the Student (where appropriate), the School cannot provide adequately for a Student’s special educational needs. Remedial teaching provided by the School will be charged as an extra.

    10. Moving up the School: It is assumed that each Student who satisfies the relevant criteria (see the Student & Parent Handbook) at the time will progress through the School and will ultimately complete the A2 Year (Year 13). Parents will be advised before the end of the Spring Term if there appears to be any reason why the Student may be refused a place at the next stage of the School. Parents must give a term’s notice in writing (i.e. before the start of the Summer Term) in accordance with the Provisions about Notice (in section H) if they do not intend the Student to proceed to the next stage of the School, or a term’s Fees in lieu of notice will be payable.

    11. School’s Intellectual Property: The School reserves all rights and interest in any copyright, design right, registered design, patent or trademark (“intellectual property”) arising as a result of the actions or work of a Student in conjunction with any member of staff and/or other Students at the School for a purpose associated with the School. The School will acknowledge and allow to be acknowledged the Student’s role in creation/ development of intellectual property.

    12. Student’s Original Work: Copyright in the Student’s original work, such as classroom work, prep or homework, projects, internal examination scripts, musical compositions, paintings and computer generated material, belongs to the Student. Most such work (but not examination scripts) will be returned to the Student when it is no longer required for purposes of assessment or display. The Parents consent for themselves and (so far as they are entitled to do so) on behalf of the Student, to our retaining such work at school premises until, in our professional judgement, it is appropriate to release the work to the Student. Certain coursework may have to be retained for longer than other work in order to reduce the risk of cheating. We will take reasonable care to preserve the Student’s work undamaged but cannot accept liability for loss or damage caused to this or any other property of the Student by factors outside the direct control of the Headmaster and staff.

    13. Educational and Social Visits: A variety of educational and social visits will be provided for the Student. The cost of some educational visits will be charged as an extra and added to the bill. Parents’ prior consent will be sought for a visit costing more than £100. Educational visits abroad or those in the United Kingdom involving an overnight stay will be the subject of a separate agreement with Parents. The cost of the trip will be payable in advance and refunds will not be made except in the case of illness. The Student 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 Student’s safety and welfare, or to respond to breaches of discipline, will be added to the bill.

  7. Behaviour and Discipline

    1. School Regime: The Parents accept that the School will be run in accordance with the authorities delegated by the Partners to the Headmaster. The Headmaster is entitled to exercise a wide discretion in relation to the School’s policies, rules and regime and will exercise those discretions in a reasonable and lawful manner and with procedural fairness when the status of a Student is at issue.

    2. Conduct and Attendance: We attach importance to courtesy, integrity, good manners, good discipline and respect for the needs of others. Parents warrant that the Student will take a full part in the activities of the School, will attend each school day, will be punctual, will work hard, will be well-behaved and will comply with all the School Rules.

    3. School Rules: The School Rules and Regulations which apply are set out in the Student & Parent Handbook (see section A) and other documents published from time to time. Parents are requested to read these documents carefully with the Student before they accept the offer of a place.

    4. School Discipline: The Parents hereby confirm that they accept the authority of the Headmaster and of other members of staff on the Headmaster’s behalf to take all reasonable disciplinary or preventative action necessary to safeguard and promote the welfare of each Student and the school community as a whole. The School’s disciplinary policy which is current at the time applies to all students when they are on school premises, or in the care of the School, or otherwise representing or associated with the School.

    5. Investigative Action: A complaint or rumour of misconduct will be investigated. A Student may be questioned and his/her accommodation or belongings may be searched in appropriate circumstances. All reasonable care will be taken to protect the Student’s human rights and freedoms and to ensure that his/her Parents are informed as soon as reasonably practicable after it becomes clear that the Student may face formal disciplinary action, and also to make arrangements for the Student to be accompanied and assisted by a Parent, education guardian or a teacher of the Student’s choice.

    6. Procedural Fairness: Investigation of a complaint which could lead to expulsion, removal or withdrawal of the Student in any of the circumstances explained below shall be carried out in a fair and unbiased manner. All reasonable efforts will be made to notify the Parents or education guardian so that they can attend a meeting with the Headmaster before a decision is taken in such a case. In the absence of a Parent or an education guardian, the Student will be assisted by an adult (usually a teacher) of his/her choice.

    7. Divulging Information: Except as required by law, the School and its staff shall not be required to divulge to Parents or others any confidential information or the identities of Students or others who have given information which has led to the complaint or which the Headmaster has acquired during an investigation.

    8. Drugs: The School operates a zero tolerance policy on the misuse or possession of drugs and illegal substances. It is considered as a very grave breach of school discipline (see section 63). There is a programme of random testing. Also, a Student may be required to provide a urine sample under supervision of a senior member of staff for testing if involvement with drugs is suspected. The School Policy on Drugs and Testing Procedure is available to Parents and Students on request. A sample or test in these circumstances will not form part of the Student’s permanent medical record.

    9. Terminology: In these Terms and Conditions “Suspension” means that a Student has been sent or released home for a limited period either as a disciplinary sanction or pending the outcome of an investigation or a Review. “Withdrawal” means that the Parents have withdrawn the Student from the School. “Expulsion” and “Removal” mean that the Student has been required to leave (“asked to leave”) the School permanently in the circumstances described below. “Exclusion” means that the Student may not return to School until 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.

    10. Sanctions: The School’s current discipline policy contains the range of sanctions and is available to Parents on request before they accept the offer of a place. The policy 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, gating or suspension, or alternatively being removed or expelled.

    11. Expulsion: A Student may be formally expelled from the School if it is proved on the balance of probabilities that the Student has committed a very grave breach of school discipline or has committed a serious criminal offence. Expulsion is reserved for the most serious breaches. The Headmaster shall act with procedural fairness in all such cases. Parents will be given a copy of the review procedure current at the time. The Headmaster’s decision shall be subject to a Review if requested by a Parent. The Student shall remain away from school pending the outcome of the Review (see “Review” below).

    12. Fees after Expulsion: If the Student is expelled, there will be no refund of the Registration Fee or of Fees for the current or past terms. There will be no charge to fees in lieu of notice but all arrears of Fees and any other sum due to the School will be payable.

    13. Removal in other Circumstances: Parents may be required, during or at the end of a term, to remove the Student, temporarily or permanently from the School, or from boarding, if, after consultation with a Student and/or Parent, the Headmaster is of the opinion that by reason of the Student’s conduct or progress, the Student is unwilling or unable to benefit sufficiently from the educational opportunities offered by the School or has an accumulation of minor offences or has failed to respond to School discipline or at the Headmaster’s discretion should it be considered that continued attendance would be detrimental to the School community, or if a Parent has treated the School or members of its staff unreasonably. In these circumstances, Parents may be permitted to withdraw the Student as an alternative to removal being required. The Headmaster shall act with procedural fairness in all such cases, and shall have regard to the interests of the Student and Parents as well as those of the School (see “Review” below).

    14. Fees Following Removal: If the Student is removed or withdrawn in the circumstances described above, the rules relating to Fees and Registration Fee shall be the same as for expulsion save that the refundable part of the Registration Fee will be refunded in full without interest.

    15. Leaving Status: The expression “leaving status” has reference to whether the Student has been expelled, removed or withdrawn, and to the record which will be entered in to the Student’s file as to the reason for leaving, and the Student’s status as a leaver, and the transfer of the Student’s work to another educational establishment and to the nature of the reference which will be given in respect of the Student, and also to the financial aspects of the Student’s leaving. These and any other relevant matters of leaving status will be discussed by the Headmaster with the Parents and, where appropriate with the Student, at the time of the eadmaster’s decision.

    16. Review: Parents may ask for a Review by a panel consisting of up to three members (one Partner, one member of the Senior Management Team and an independent member if requested) of a decision to expel or require the removal of a Student from the School or from boarding (but not a decision to suspend a Student unless the suspension is for 11 school days or more, or would prevent the Student taking a public examination). The request must be made 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 members who make up the Review Panel and may ask for the appointment of an independent panel member nominated by the School and approved by the Parent (approval not to be unreasonably withheld).

    17. Review Procedure: The Headmaster will advise the Parents of the procedure (current at that time) under which such a review will be conducted by the panel. If Parents request a Review, the Student will be suspended from School until the decision to expel or remove has been set aside or upheld. While suspended, the Student shall remain away from School and will have no right to enter school premises during that time without written permission from the Headmaster. A Review will be conducted under fair procedures in accordance with the requirements of natural justice.

    18. Complaints Procedures: A complaint about any matter of School policy or administration not involving a decision to expel or remove a Student must be made in accordance with the School’s published complaints procedure, a copy of which is available on request. Every reasonable complaint shall receive fair and proper consideration and a timely response.

  8. Provisions About Notice See also section F “Moving up the School” and section G.

    1. Notice to be given by Parents means (unless the contrary is stated in these terms and conditions) a term’s written notice addressed to and received by the Headmaster personally or signed for by the Headmaster’s secretary. It is expected that Parents will consult with the Headmaster before giving notice to withdraw a Student.

    2. Fees in lieu of notice means Fees in full for the term of notice at the rate that would have applied had the Student attended and not limited to the parental contribution in the case of a scholarship, exhibition, bursary or other award or concession.

    3. “A term’s notice” to be given by Parents means notice given before the first day of a term and expiring at the end of that term. A term’s notice must be given in writing if the Parents wish to cancel a place which they have accepted, or if Parents wish to withdraw a Student who has entered the School; or if, following the GCSE year or AS Level year, the Student will not return for the following year even if he/she has achieved the required grades; or the Student wishes to discontinue extra tuition or extra-curriculum tuition; or the Student wishes to transfer from boarding to day only attendance at the beginning of a new academic year or at any time during the academic year.

    4. Cancelling Acceptance: The cancellation of a place which has been accepted is normally a breach of contract which can cause long term loss to the School if it occurs after other families have taken their decisions about schooling. If the Parents cancel a confirmed place less than a term before the entry date (i.e. after the first day of the Summer Term prior to the Student’s entry to the School) or the Student does not join the School after a place has been confirmed and not cancelled, a term’s Fees will be payable and the refundable part of the Registration Fee will be credited to the account. Parents who cancel acceptance on more than a full term’s notice before entry will not be required to pay Fees in lieu of notice but the Registration Fee will be retained by the School. Cases of serious illness or genuine hardship may receive special consideration on written request.

    5. Withdrawal by Parents: If a Student is withdrawn on less than a term’s notice, or excluded for more than twenty-eight days for non-payment of Fees, Fees in lieu of notice will be immediately due and payable as a debt at the rate applicable to the term in question unless the place is filled immediately and without loss to the School. The charge of a term’s Fees 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.

    6. Prior Consultation: It is expected that a Parent or duly authorised education guardian will in every case consult personally with the Headmaster or with the Headmaster’s authorised Deputy before notice of withdrawal is given.

    7. Withdrawal by Student: The Student’s decision to withdraw from the School shall, for these purposes, be treated as a withdrawal by the Parents. 78 Discontinuing Extras: A term’s written notice is required to discontinue extra tuition or extra curriculum tuition or a term’s Fees for the extra tuition will be immediately payable in lieu as a debt. 79 Termination by the School: The School may terminate this agreement on one term’s written notice sent by ordinary post or on less than one term’s notice in a case involving expulsion or required removal. The School would not terminate the contract without good cause and full consultation with Parents and also the Student (if of sufficient maturity and understanding), and would offer the Parents a Review of a decision to terminate by a panel comprising of Partners and/or SMT members. The refundable part of the Registration Fee would be refunded without interest less any outstanding balance of the account.

  9. Fees

    1. Meaning: “Fee” and “Fees” where used in these terms and conditions include each of the following charges where applicable: Registration Fee; Tuition and Boarding Fees; Fees for extra tuition or extra curriculum tuition; other extras such as laundry charges, examination and special invigilation fees, stationery, clothing and equipment, photographs and other items ordered by the Parent or the Student and charges arising in respect of educational visits, charges involved in the delivery of certain courses such as Photography, Media and Art, for example and damage where a Student 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.

    2. Contact with current/previous school(s): The parents consent to the School making enquiries of the Student’s current or previous schools for confirmation that all sums due and owing to such school/s have been paid.

    3. Payment: The Parents undertake to pay the Fees applicable in each school year. Fees are due and payable before the commencement of the school term to which they relate. If one or more items on the bill are under query, the balance of the bill must be paid.

    4. Refund/Waiver: Fees will not be refunded or waived for absence through sickness; or if a term is shortened or a vacation extended; or if a Student is released home after public examinations or otherwise before the normal end of term (provided that the School remains open to a Student who wishes to stay at school during that period); or for any cause other than exceptionally and at the sole discretion of the Headmaster in a case of genuine hardship or where there is a legal liability under a court order or under the provisions of this contract to make a refund. This rule is necessary so that the School can properly budget for its own expenditure and to ensure that the cost of individual default does not fall on other Parents. Separate rules (set out in Section G) apply when a Student is expelled or removed, i.e. asked to leave.

    5. Exclusion for Non-Payment: The right is reserved on 3 days written notice to exclude a Student while Fees are unpaid. Exclusion on these grounds is not a disciplinary matter and the right to a Review will not normally arise but the Partners have discretion if thought fit to authorise a review of the documentary evidence with or without a formal meeting with the Parents. The School may also withhold any information, character references or property while Fees are unpaid but will not do so in a way that would cause direct, identifiable and unfair prejudice to the legitimate rights and interests of the Student. A Student who has been excluded at any time when fees are unpaid will be deemed withdrawn without notice twenty-eight days after exclusion. (Then a term’s Fees in lieu of notice will be payable in accordance with the Provisions about Notice in Section H.)

    6. Late Payment: Simple interest may be charged on a dayto- day basis on Fees which are unpaid. The rate of interest charged will be at up to 2% per month which is a genuine pre-estimate of the cost to the School of a default. Cheques and other instruments delivered at any time after the first day of term will be presented immediately and will not be considered as payment until cleared.

    7. 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.

    8. Appropriation: The Parents agree that a payment made in respect of one Student may be appropriated by the School to the unpaid account of any other Student of those Parents.

    9. Payment of Fees by a Third Party: An agreement with a third party (such as a grandparent) to pay the Fees or any other sum due to the School does not release the Parents from liability if the third party defaults and does not affect the operation of any other of these terms and conditions unless an express release has been given in writing, signed by the Headmaster. The School reserves the right to refuse a payment from a third party.

    10. Scholarships & Bursaries: Every scholarship, exhibition, bursary or other award or concession is a privilege and is subject to high standards of attendance, diligence and behaviour on the Student’s part and to the Parents’ treating the School and our staff reasonably. The terms on which such awards are offered and accepted will be notified to Parents at the time of offer. The value of a scholarship shall be deducted from Fees before any bursary or other concession is calculated or assessed.

    11. Fee Increases: Fees are reviewed annually and are subject to increase from time to time.

    12. Money Laundering: Legislation requires the School, in some circumstances, to obtain satisfactory evidence (such as sight of a passport) of the identity of a person who is paying Fees.

  10. Events beyond the control of the Parties

    1. 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 of disease, failure of utility service or transportation.

    2. 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.

    3. Continued Force Majeure: If a Force Majeure Event continues for a period greater than 90 days, the party who has provided notification under clause 92 above shall notify the other of the steps to be taken to ensure performance of this Agreement.

  11. General Contractual Matters

    1. Data Protection: The parents consent to the School (through the Head as the person responsible) obtaining, processing and holding “personal data” including “sensitive personal data” such as medical information, to be processed lawfully and fairly in accordance with the Data Protection Act 1998, for purposes of safeguarding and promoting the welfare of the Student and ensuring that all relevant legal obligations of the School and the Parents are compiled with.

    2. 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 Parents and Students, and those of the school community as a whole. We aim to ensure that the School, its culture, ethos and resources are properly managed so that the School, its services and facilities can develop. We aim also to promote good order and discipline throughout our school community and to ensure compliance with the law.

    3. 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.

    4. Change: This School, as any other, is likely to undergo a number of changes during the time the Student is here. For example, there may be changes in the 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 year and there will be reasonable increases from time to time.

    5. Consultation: It is not practicable to consult with Parents and Students over every change that may take place. Whenever practicable, the School will use reasonable endeavours to ensure that Parents will be informed 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 the Student’s education or pastoral care, or a change of ownership. For example, notice would be given of a proposal to close a boarding house or remove a subject from the curriculum.

    6. 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 words above 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.

    7. Representations: Our prospectus and website describe the broad principles on which the School is presently run and gives an indication of our history and ethos. Although believed correct at the time of publication, the prospectus and website are not part of any agreement between the Parents and the School. Parents wishing to place specific reliance on a matter contained in the prospectus or website or a statement made by a member of staff or a Student during the course of a conducted tour of the School or a related meeting should seek written confirmation of that matter before entering this agreement.

    8. Third Party Rights: Only the School and the Parents are parties to this contract. The Student is not a party to it. The acts and omissions of Parents are binding on the Student 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 Student and vice versa.

    9. nterpretation: 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 ease of reading only and are not otherwise part of the terms and conditions. Examples given in these terms and conditions are by way of illustration only and are not exhaustive.

    10. Jurisdiction: This contract was made at the School and is governed exclusively by English law. Hurtwood House School: a Limited Liability Partnership Registered in England No: OC340323 Registered Office: Radnor House, Holmbury St Mary, Surrey RH5 6NX 03/2009