These Terms and Conditions reflect the custom and practice of independent schools for many generations together with the letter of offer, the conditions of award if applicable, the acceptance form and the fees list 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.
Variations: these terms and conditions, the Conditions of Award and the fees list are subject to change from time to time.
Our prospectus and website are not contractual documents. Please see Section K for further information. The School website contains a number of policies and procedures which can be viewed by Parents. Printed copies are available from the School on written request.
Fees & Notice: The rules concerning fees and notice are of particular importance and are set out in Sections H & I below.
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.
"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".
"The Partners” mean the members of the Limited Liability Partnership who are responsible for the governance of the School.
"The Headmaster" means the Headmaster of the School as appointed by the Partners. The Headmaster is responsible for the day-to-day running of the School.
"The Parents"/"You" means any person who has signed the Application Form. Parents are legally responsible, individually and jointly, for complying with their obligations under these terms and conditions. Fees payable by a third party (for example, an employer, grandparent or step-parent without Parental Responsibility) will be subject to a separate agreement between the School, the Parents and the third party. 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.
"The Student" is the person named on the Application Form. The age of the Student will be calculated in accordance with UK custom.
Application and Entry: Applicants will be considered as candidates for admission and 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" occurs when the School offers a place and the Parents accept the offer. "Entry" occurs on the date when the Student attends the School for the first time under these terms and conditions.
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 equality legislation in order to accommodate the needs of applicants and Students who have disabilities for which, after reasonable adjustments, we can cater adequately.
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 Registration Fee will be returned in full to the Parents.
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 nonrefundable 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.
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.
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. 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.
Complaints: Any question, concern or complaint about the pastoral care or safety of a Student or any educational issue 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. See also clause 71.
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.
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.
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.
Physical Contact: Parents give their consent to such physical contact with the Student as may accord with good practice, or as may be appropriate and proper for teaching and instruction, or 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. The Parents also consent to the Student participating in contact and non-contact sports and other activities as part of the normal School programme or extra-curricular programme. The Parents acknowledge that while the School will provide appropriate supervision the risk of injury cannot be eliminated.
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 member of his / her immediate family, any disability, special educational need or any behavioural, emotional difficultly and / or social difficultly on the part of the Student, any family circumstances or court order which might affect the Student's welfare or happiness, any concerns about the Student's safety and any change in the financial circumstances of the Parents in receipt of a bursary from the School.
Confidentiality: The Parents authorise the Headmaster to override their own and (so far as they are entitled to do so) the 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 e-mail, the internet and mobile electronic devices. A copy of the school’s Acceptable User Policy will be supplied on request.
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 community.
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.
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.
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.
Communication with Parents: Communications or instructions from one of the Parents or any person with Parental Responsibility shall be deemed by the School to be received from both Parents. This requirement does not apply to the giving of notice for the cancellation of the place or the withdrawal of the Student from the School. Those persons who are required to consent to or to give notice of cancellation or withdrawal are set out in clause 73.
Education Guardians: The Parents if resident outside the United Kingdom are strongly recommended to appoint an education guardian for the Student in the United Kingdom before Entry 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 for the Student when he / she is in the care of the Parents or the education guardian. The Parents or education guardians 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. The Parents are responsible in each case for satisfying themselves as to the suitability of an education guardian. The Parents shall immediately on appointment provide the School with up to date contact details for the appointed education guardian and shall immediately notify the School of any changes to those details.
Photographs: By signing the Acceptance Form or agreeing to these terms and conditions the Parents consent to the School obtaining and using photographs or images of the Student for:
use in the School's promotional material such as the prospectus, website or social media;
press and media purposes;
educational purposes as part of the curriculum or extra-curricula activities.
We would not disclose the 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.
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.
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.
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.
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.
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 recommendations which may include a reasonable decision to release the Student home when he / she is unwell.
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.
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-toknow" basis.
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.
Provision of education: The School 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. The School cannot guarantee that the Student will achieve his / her desired examination results or that results will be sufficient to gain entry to other educational establishments.
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. 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.
Progress Reports: The School monitors the progress of each Student and reports regularly to Parents by means of grades and full written reports.
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.
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.
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.
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.
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.
Information about Learning Difficulties: Parents must notify the Headmaster in writing if they are aware or suspect that a Student (or anyone in his or her immediate family) 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. The School reserves the right to charge for the provision of remedial teaching.
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.
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.
Student's Intellectual Property: 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.
Educational and Social Visits: A variety of educational and social visits will be provided for the Student. By signing the Application Form or agreeing to be bound by these terms and conditions the Parents consent to the Student taking part in any educational visit. Educational visits which:
use in the School's promotional material such as the prospectus, website or social media;
press and media purposes;
educational purposes as part of the curriculum or extra-curricula activities.
will be the subject to a separate agreement. The cost of the trip will be payable in advance. 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) incurred to protect the Student's safety and welfare, or to respond to breaches of discipline, will be added to the fees invoice. The School reserves the right to prevent the Pupil from taking part in an educational visit while overdue fees remain unpaid.
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.
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.
School Rules: The School Rules and Regulations which apply are set out in the Student & Parent Handbook (see section A above) 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.
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.
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.
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.
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.
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. 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.
Definitions of sanctions:
Expulsion: means that the Student is required to leave the School permanently in circumstances described in clause 64.
Removal: means that the permanent removal of the Student from the School is required in circumstances described in clause 66.
Suspension: means that the Pupil is sent or released home for a limited period as either a disciplinary sanction or pending the outcome of an investigation or pending a Review.
Withdrawal: has the meaning set out in clause 77.
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.
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).
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, save for any contrary provisions in any other agreement made between the Parents and the School, all arrears of Fees and any other sum due to the School will be payable.
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, behaviour or progress, the Student is unwilling or unable to benefit sufficiently from the educational opportunities offered by the School, or if a Parent has treated the School or members of its staff unreasonably. In these circumstances, at the sole discretion of the Headmaster, the 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. The Headmaster's decision to require the Removal of the Pupil shall be subject to a Review if requested by the Parents. The Parents will be given a copy of the Review procedure current at the time. The Student shall be suspended from the School pending the outcome of the Review (see "Review" below).
Fees Following Removal: If the Student is removed or withdrawn in the circumstances described above, the provisions 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 less any sums owing to the School.
Leaving Status: The School reserves the right to record the leaving status of the Student on the Student's file immediately after Expulsion or Removal or Withdrawal.
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).
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.
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.
Term: means the period between and including the first and last days of the relevant school term.
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.
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 the next Term following Withdrawal and not limited to the parental contribution in the case of a scholarship, exhibition, bursary or other award or concession. One Term's Fees in lieu of notice represents a genuine preestimate 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.
"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.
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. A genuine pre-estimate of loss is fees for between one and two years. Nonetheless, the School agrees to limit the liability of Parents to:
one term's Fees at the rate payable for the Term of Entry, less the refundable part of the Registration Fee, payable as a debt if less than a term's Written Notice of Cancellation has been given; or
the Registration Fee if more than a term's Written Notice has been given. Cases of serious illness or genuine hardship may receive special consideration on written request.
Withdrawal: means the withdrawal of the Student from the School by the Parents or the Student with or without Notice required under these terms and conditions at any time after the Student has entered the School. Please see clause 12 for details of when Entry to the School occurs. See also clause 78, 80 and 87.
Withdrawal by Parents: If a Student is withdrawn on less than a Term's notice, or excluded for more than twentyeight days for non-payment of Fees, Fees in lieu of notice, less the refundable part of the Registration Fee, will be immediately due and payable as a debt unless the place is filled immediately and without loss to the School.
Withdrawal by Student: The Student's decision to withdraw from the School shall, for these purposes, be treated as a withdrawal by the Parents.
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.
Termination by the School: The School may terminate this agreement on one Term's written notice sent by ordinary post. 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). The refundable part of the Registration Fee would be refunded without interest less any outstanding balance of the account.
Fees: may include alone or in combination any of the 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), or bank charges arising from default in Fees payable and late payment charges if incurred.
Information about fees: 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. The Parents also consent to the School informing any other school or educational establishment to which the Student is to be transferred if any Fees of this School are unpaid.
Payment of Fees: The Parents jointly and severally agree 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, Fees for each Term are due and payable as cleared funds 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.
Refund/Waiver: Save where there is a legal liability under a court order or under the provisions of this agreement to make a refund Fees will not be refunded or waived if:
the Student is absent through illness; or
a term is shortened or a vacation extended; or
the Student is released home after public examinations or otherwise before the normal end of 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 Headmaster in a case of genuine hardship.
See Section J for information about events beyond the control of the parties.
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 Student 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 H. Exclusion in these circumstances is not a disciplinary matter and the right to a Review will not normally arise. The School may also 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 Student.
Late Payment: Save where alternative provision 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 2% 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, disbursements and charges including legal fees and costs reasonably incurred by the School in the recovery of any unpaid Fees regardless of the value of the School's claim.
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 as set out in clause 88.
Appropriation: Save where the Parents expressly state the contrary, the School shall allocate payments made to the earliest balance on the Fees account. 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.
Instalment 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 the 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.
Payment of Fees by a Third Party: An agreement with a third party (such as an employer, grandparent or stepparent without parental responsibility) 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.
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. Any value attached to a scholarship shall be deducted from Fees before any bursary or other concession is calculated or assessed.
Fee Increases: Fees are reviewed annually and are subject to increase from time to time. If the Parents receive less than a 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 and the refundable part of the Registration Fee will be refunded without interest less any sums owing to the School.
Force Majeure: An event beyond the reasonable control of the School or the Parents is 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.
Notification: If either the School or the Parents is prevented from or delayed in carrying out its obligations 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.
Continued Force Majeure: If a Force Majeure Event continues for a period greater than 90 days, the party who has provided notification under clause 97 above shall notify the other of the steps to be taken to ensure performance of its contractual obligations.
Data Protection: By signing the Registration Form or 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 Student consent to the processing by the School of personal information including:
financial information relating to the Parents;
sensitive personal information relating to the Parents and / or the Pupil;
as is deemed necessary for the legitimate purposes of the School. See also the School's Data Protection information notes as set out in Schedule 1.
Change: The School, as any other, is likely to undergo a number of changes during the period of this agreement. 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.
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 consulted and where possible given at least a Term's notice of a change of policy, or a 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.
Consumer Protection: Care has been taken to use plain language in these terms and conditions. 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.
Representations: The School's prospectus, Student and Parent Handbook 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, website or on a statement made by a member of staff or a Student they should seek written confirmation of that matter from the Headmaster.
Third Party Rights: Only the School and the Parents are parties to this contract. Neither the Student nor any third party is a party to this contract and shall not have any rights to enforce any term of it.
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 ease of reading only and are not otherwise part of the terms and conditions.
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 exclusive jurisdiction of the Courts of England and Wales.
The School holds information about you and your child including exam results, parent and guardian contact details, financial information and details of medical conditions. This 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 for pupils to.
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, date of birth and next of kin;
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.
We may, in order to verify your identity and so that we can assess your application for the award of a bursary or for credit in contemplation of an agreement for the deferment of fees, 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 an award or credit.