(a) In these terms and conditions
“Acceptance Form” means the form provided by the School for parents to complete when accepting a place for their child at the School;
“child” means a child of whatever age admitted by the School to be educated;
“the Complaints Procedure” is the School’s procedure for handling complaints from parents, as amended from time to time for legal or other substantive reasons or in order to assist the proper administration of the School and is included in the Parents Handbook. Parents will be given notice of such amendments;
“deposit” means the sum set out in the Schedule of Fees;
“fees” means the fees set out in the Schedule of Fees as amended from time to time;
“Head” means the person appointed by the Governors of the School to be responsible for the day-to-day management of the School, including anyone to whom such duties have been duly delegated;
“School Rules” means the standards of behaviour expected from every child at the School together with the published Code of Conduct of the School. The Code, those standards and any specific rules may be amended from time to time for legal, safety or other substantive reasons or in order to assist the proper administration of the School. Parents will be given notice of such amendments;
“term” means a term of the School as notified to parents from time to time;
“a term’s notice” means written notice received not later than the first day of the term preceding the term to which the notice relates;
“a half term’s notice” means written notice received either not later than the first day of the term to expire at the conclusion of the following half term break or, by the Friday preceding half term to expire at the end of that term.
“terms and conditions” means these terms and conditions as amended from time to time;
“we” or the “School” means the legal entity carrying on as the School as identified in Clause 1 (b) below, or its duly authorised representative, as the context requires;
“you” or the “parents” means each person who has signed the Acceptance Form as parent or guardian of a child or a person who with the School’s written consent replaces a person who has signed the Acceptance Form.
(b) The Acceptance Form, the Code of Conduct and the Schedule of Fees, together with these terms and conditions form the terms of a contract between you and Manor Lodge School and constitute the entire agreement between the parties. It is not intended that the terms of the contract shall be enforceable by your child or by any other third party.
2. Acceptance and Deposit
(a) An offer of a place for your child at the School is accepted by your submitting the Acceptance Form and paying the deposit in full as required at the time.
(b) The deposit is not refundable if your child does not take up a place at the School.
(c) If you wish to withdraw your acceptance of a place after submitting the Acceptance Form and paying the deposit but before your child starts at the School you shall give written notice to that effect prior to the first day of the term immediately preceding the term in which your child was due to start. If such notice is received by the School by that time the deposit will be forfeited in accordance with Clause 2(b) above but no further fees will be payable. If such notice is received on or after that date, a term’s fees (charged at the rate applicable for the term immediately preceding the term when your child was due to start) shall be payable and shall become due and owing to the School as a debt.
(d) Once your child has commenced at the School, the deposit will form part of the general funds of the School until it is repaid without interest to you at the completion of your child’s final term at the School, provided that, if, at time of your child leaving the School, there are any amounts outstanding or due to the School, then these may be deducted by the School from the deposit.
3. School Fees
(a) All the costs incurred in the usual course of the education by the School of your child, including the provision of any necessary educational materials and as outlined in the Schedule of Fees, shall be met by the fees unless otherwise notified by the School.
(b) Any activity, such as private music lessons, for which an extra charge is levied, in which you agree in advance your child may participate shall be deemed to be supplemental to items met by the fees and charged for accordingly.
(c) Each person who has signed the Acceptance Form is liable for the whole of the fees due and any supplemental charges. The persons who have signed the Acceptance Form remain liable to the School for the whole of the fees and supplemental charges due, unless the School has agreed in writing to look exclusively to any other person for payment of the fees or any part of them.
Where both parents have signed the Acceptance Form, one of them may withdraw from the contract with the School by submitting a term’s notice provided they have obtained the prior written consent of both the School and the remaining parent.
Where both parents have signed the Acceptance form, any deposit refund that may be paid by the School as outlined in clause 2 (d.2) above will normally be made to the payer of the original deposit. Variation to this may only be made with the written consent of both parents.
If your child has been awarded a bursary, your liability will be for the amount of fees due after taking account of that award. An award may be withdrawn if, in the opinion of the Head, your child’s attendance, progress or behaviour no longer merits the continuation of the award but any such withdrawal of an award will not operate so as to increase the fees due in respect of a term which has already commenced. Where it appears likely to the Head that, for academic reasons, an award may be withdrawn from your child, you shall be notified in advance. If, within 14 days following the withdrawal of a scholarship or bursary, a child is withdrawn from the School, no fees in lieu of notice will be payable.
(d) Each invoice must be paid either in full before the first day of term or, if fees are paid by direct debit, in monthly instalments (each instalment being due on the first working day of each month) with supplemental charges being collected before the first day of term. Where fees are paid by direct debit, the fees for each term accrue separately. Where fees are paid through an external intermediary, such as HTC, then liability for the fees remains with the signatories of the Acceptance Form until such time as payment is received by the School and any liability to the external intermediary has been fully discharged by the signatories of the Acceptance Form.
(e) We reserve the right to refuse to allow your child to attend the School or to withhold any references while fees remain unpaid or there is a persistent default in relation to supplemental charges. We may make an interest charge of 2 per cent above the base rate for the time being of the School’s bank on late payment. You consent to our informing any other school or educational establishment to which you propose to send your child of any outstanding fees.
(f) The fees will be reviewed from time to time and may be increased by such amount as the School considers reasonable. We shall endeavour to give at least a term’s notice of any increase in the fees due for a particular term and in any event shall give you notice of any such increase not later than the final day of the preceding term.
(g) Fees and any prepaid supplemental charges will not normally be reduced as a result of absence due to illness or otherwise.
4. Notice Requirements
(a) If you wish to withdraw your child from the School (other than at the normal leaving date), you shall either give a term’s notice to that effect or shall pay to the School a term’s fees in lieu of notice, at such rate as would have been charged for the final term of provision if a term’s notice had been given.
(b) In cases under 4 (a), where notice is not given, the appropriate sum in lieu of notice will become due and owing to the School as a debt on the first day of the term which would have been the final term of provision if a term’s notice had been given.
(c) If you wish to withdraw your child from an activity charged for as supplemental, you shall either give a half term’s notice to that effect or shall pay to the School a half term’s charges for the activity in which your child has ceased to participate.
(d) The School’s affairs are organised on a termly basis and it is not possible for you to reduce the amount of fees due or to obtain a refund of fees by withdrawing your child or by your child’s ceasing to participate in an activity part-way through a term.
5. School Rules
(a) It is a condition of remaining at the School that your child complies with the expected standards of behaviour and specifically the School Code of Conduct as amended from time to time. In particular you undertake to ensure that your child attends School punctually and that your child conforms to such rules of appearance, dress and behaviour as shall be issued by the School from time to time.
(b) The School reserves the right, subject to applicable data protection legislation, to monitor your child’s email communication and internet use for the purpose of ensuring compliance with the School policy on email communication and internet use.
6. Disciplinary Procedures
(a) The Head may in his/her discretion require you to remove or may suspend or, in serious or persistent cases, expel your child from the School if he/she considers that your child’s attendance, progress or behaviour (including behaviour outside school) is unsatisfactory and in the reasonable opinion of the Head the removal is in the School’s best interests or those of your child or other children.
(b) The Head may in his/her discretion require you to remove or may suspend or, in serious or persistent cases, expel your child if the behaviour of you or either of you is, in the opinion of the Head, unreasonable and affects or is likely to affect adversely the child’s or other children’s progress at the School or the well-being of School staff or to bring the School into disrepute.
(c) Should the Head exercise his/her right under sub-clause 6(a) or 6(b) above you will not be entitled to any refund or remission of fees or supplemental charges due (whether paid or payable) and the deposit will be forfeited. However, in such circumstances fees in lieu of notice will not be payable and any prepaid fees will be refunded.
(d) The School will act in a way which is fair in all the circumstances when taking decisions under this Clause 6. The review of serious disciplinary matters is governed by the Complaints Procedure.
7. The School’s Obligations
(a) Subject to these terms and conditions, the School undertakes to accept your child as a pupil of the School from the time of joining the School until the end of his or her preparatory schooling. However, the School shall not be obliged to permit your child to enter the junior school unless satisfied that it is appropriate to do so having regard to his or her academic attainments and all other relevant circumstances.
(b) While your child remains a pupil of the School, we undertake to exercise reasonable skill and care in respect of his or her education and welfare. This obligation will apply during school hours and at other times when your child is permitted to be on School premises or is participating in activities organised by the School.
(c) In order to fulfil our obligations, we need your co-operation, in particular by: fulfilling your own obligations under these terms and conditions; encouraging your child in his or her studies, and giving appropriate support at home; keeping the School informed of matters which affect your child; maintaining a courteous and constructive relationship with School staff; and attending meetings and otherwise keeping in touch with the School where your child’s interests so require.
(d) We will not subject your child to physical contact except where such contact may be deemed appropriate in order to avert an immediate danger of personal injury to, or an immediate danger to the property of, a person (including your child). Unless you notify us to the contrary, you consent to your child participating, under proper supervision, in contact sports and in other normal sports and activities which may entail some risk of physical injury.
(e) If your child requires urgent medical attention while under the School’s care, we will, if practicable, attempt to obtain your prior consent. However, should we be unable to contact you, we shall be authorised to make the decision on your behalf should consent be required for urgent treatment (including anaesthetic or operation) recommended by a doctor.
(f) Our prospectus describes the broad principles on which the School is presently run and is believed to be correct at the time of printing. However, from time to time it may be necessary to make changes to any aspects of the School, including the curriculum, and we reserve the right to do so. For this reason, please notify the School if there is anything of particular concern to you contained in the prospectus, as it may be that recent changes are not reflected in the current version. We will give parents notice of any changes at the School including changes in the curriculum that we regard as significant to your child prior to the end of the penultimate term before the change is to take effect, and where practicable will consult with parents on such changes.
(g) We shall monitor your child’s progress at the School and produce regular written reports. These reports, together with our evaluation of your child’s progress will be measured against our expectations of your child’s progress. We shall advise you if we have any concern about your child’s progress but we do not undertake to diagnose dyslexia or other specific conditions. A formal assessment can be arranged either by you or by the School at your expense. You may be asked to withdraw your child without being charged fees in lieu of notice if in the opinion of the Head the School cannot provide adequately for your child’s special educational needs.
(h) Religious observance at the School shall be conducted in accordance with the Parents Handbook.
8. The Parents’ Obligations
(a) It is a condition of your child’s joining the School that you complete and submit to the School a medical questionnaire in respect of your child. You undertake to inform the School of any health or medical condition, disability or allergy that your child has or subsequently develops, whether long-term or short-term, including any infections. If the School so requires – 5 –
due to a health risk either presented by your child to others or presented to your child by others or by reason of a virus, pandemic, epidemic or other health risk, you undertake to keep your child at home and not permit him/her to return to the School until such time as the health risk has been averted.
(b) You undertake to inform the School of any situations where special arrangements may be needed in relation to your child.
(c) It is important that you keep the School advised of any particular expectations that you may have for your child, particularly with regard to choosing another school for your child or preparation for entrance examination.
(d) The School is entitled to treat any instruction, authority, request or prohibition received from any person who has signed the Acceptance Form as having been given on behalf of both or all such persons.
(e) The School must be informed in writing of any reason for your child’s absence from School. If the absence is planned, then the Head’s written consent must be obtained prior to the absence.
(f) We cannot accept any responsibility for the welfare of your child while off the School premises unless he is taking part in a school activity or otherwise under the supervision of a member of the School staff.
(g) If you have cause for concern as to a matter of safety, care, discipline or progress of your child you must inform the School without delay. Complaints should be made in accordance with the School’s Complaints Procedure.
You must make your own insurance arrangements if you require cover for your child’s person or property while at School. Your child is included in an obligatory personal accident insurance scheme, the cost of which is included in the Fees.
10. Confidentiality and References
(a) You consent to our supplying information and a reference in respect of your child to any educational institution which you propose your child may attend. Any reference supplied by us shall be confidential. We will take care to ensure that all information that is supplied relating to your child is accurate and any opinion given on his/her ability, aptitude for certain courses and character is fair. However, we cannot be liable for any loss you are or your child is alleged to have suffered resulting from opinions reasonably given in or correct statements of fact contained in any reference or report given by us.
(b) You consent to us making use of information relating to your child whilst he or she is at the School and after he or she has left for the purposes of managing relationships between the School and current pupils, providing references and communicating with the body of former pupils.
11. Intellectual Property Rights
We shall recognise any intellectual property rights vested in your child.
12. Changes in Ownership etc
For the purposes of constitutional changes to the School or amalgamation we reserve the right to transfer the undertaking of the School to any other natural or legal person, and to assign the benefit of this contract in connection with any such transfer, and/or to amalgamate the School with any other educational institution. Where appropriate we will inform and consult with all parents in relation to such changes.
(a) The School shall be entitled to terminate this agreement forthwith by notice in writing without prejudice to its other remedies and without any obligation to return any deposit or fees paid to you if you are in material breach of any of your obligations and have not (in the case of a breach which is capable of remedy) remedied the same within (14) days of a notice from the School requiring it to be remedied (including for the avoidance of doubt persistent non-payment or material default under these terms and conditions).
(b) Either party may terminate this agreement forthwith by notice in writing without prejudice to its other remedies if the other (in your case) is unable to pay its debts or is declared bankrupt or (in the School’s case) becomes insolvent or goes into liquidation or receivership or administrative receivership or is wound-up for any reason.
(c) For the avoidance of doubt, this agreement shall terminate at the end of your child’s schooling.
14. Force Majeure
(a) In this agreement “force majeure” shall mean any cause beyond a party’s control (including for the avoidance of doubt strikes, other industrial disputes, act of God, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction (including that of a local authority), accident, fire, flood, storm, pandemic or epidemic of any disease, terrorist attack, chemical or biological contamination).
(b) In the event of a force majeure arising which prevents or delays the School’s performance of any of its obligations under this agreement, the School shall forthwith give you notice in writing specifying the nature and extent of the circumstances giving rise to the force majeure. Provided that the School has acted reasonably and prudently to prevent and minimise the effect of the force majeure, the School will have no liability in respect of the performance of such of its obligations as are prevented by the force majeure while it continues. The School shall use its best endeavours during the continuance of the force majeure to provide educational services.
(c) If the School is prevented from performance of its obligations for a continuous period greater than four months, the School shall notify you of the steps it shall take to ensure performance of the agreement.
(d) In the event of a force majeure which affects your ability to perform any of your obligations under this agreement, you shall give the School notice in writing of the force majeure. You shall not be liable for non-performance of such obligations during the continuance of the force majeure but in the event of the force majeure continuing for more than four months, you shall discuss with the School a solution by which this agreement may be performed.
All notices required to be given under these terms and conditions must be given in writing. You undertake to notify the School of any change of address of any person who has signed the Acceptance Form. Communications (including notices) will be sent by the School to the address shown in its records. Notices that you are required to give under these terms and conditions must be addressed to the Head and sent to the School’s address. If sent by first class post, notice shall be deemed to have been given on the second day after posting.
Headings in these terms and conditions are for ease of understanding only and do not form part of these terms and conditions.
17. Jurisdiction and Governing Law
The contract between you and the School is governed by English Law. You agree with us to submit to the exclusive jurisdiction of the English courts.
We reserve the right to change or add to these terms and conditions from time to time for legal, safety or other substantive reasons or in order to assist the proper delivery of education at the School. The School will send you notice of any such modifications prior to the end of the penultimate term before the modifications are to take effect.
19. School Details
Manor Lodge School is a company limited by guarantee registered in England and Wales number 2829156 and a registered charity number 1048874. Registered office is at the School: Ridge Hill, Rectory Lane, Shenley, Hertfordshire WD7 9BG.