KELLY COLLEGE
TERMS AND CONDITIONS
ACADEMIC YEAR 2009/2010
1. Definitions
[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 and includes pupils aged 18 or over;
“the Complaints Procedure” is the School’s procedure for the review of the treatment of serious disciplinary matters and related decisions, as amended from time to time, a current copy of which is provided in the Parent Pupil Handbook.
“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 rules of the School, a copy of the current version of which is outlined in the Parent Pupil Handbook, and provided to each child on entry and is sent to parents with the letter offering a place at the School, as those rules may be amended from time to time. 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 notice given not later than the first day of the term preceding the term to which the notice relates;
“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 who with the School’s written consent has subsequently assumed parental responsibility for such child.
[b] The Acceptance Form, the Schedule Rules, the Disciplinary Procedure and these terms and conditions constitute the terms of a contract between you and Kelly College. 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 completing the Acceptance Form and paying the School deposit.
[b] The deposit is not refundable if your child does not take up a place at the School. The deposit will form part of the general funds of the School until it is credited without interest to the final payment of the fees or other sums due to the School on your child’s leaving.
3. School fees
[a] All the costs incurred in the usual course of education by the School of your child, including the provision of any necessary educational materials, shall be met by the fees unless otherwise notified by the School.
[b] Any extra-curricular activities such as private music lessons, trips and visits in which you agree your child may participate shall be deemed to be supplemental to items met by the fees and charged for accordingly. In particular, all public examination charges and any additional charges incurred by the School in providing for the special education needs of your child shall be charged as supplemental to the fees.
[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.
If your child has been awarded a scholarship, exhibition and/or bursary, your liability will be for the amount of fees due after taking account of that award. An award may be withdrawn with immediate effect 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.
[d] Each invoice must be paid either in full by 1st August for the Michaelmas Term and by the first day of the Lent and Summer Terms or, if fees are paid by direct debit, in monthly installments, each installment being due on the first working day of each month, with supplemental charges being collected at the start of each term.
[e] We reserve the right to refuse to allow your child to attend the School or to withhold any references while fees or supplemental charges remain unpaid. We may make an interest charge of 1.5 per cent per month on School Fees and extras which remain unpaid after the due date. 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. In the event that your child takes study leave at home before examinations, stays at home following those examinations, or goes on periods of work experience during term, no reduction of fees will be made in respect of such periods spent at home.
[h] You consent for reasonable charges for activities such as attending touring theatre productions and educational visits, to be placed on the School account for your child [up to £10 per item and not more than £30 per term] without prior written notification.
[i] In the event that you fail to make any payment due in accordance with the clause 3 and 4 of the terms and conditions you will agree to pay all reasonable costs incurred in relation to and arising out of the contemplation and institution of all proceedings and other action, including the enforcement of any judgement for the recovery of the sums due
4. Notice Requirements
[a] If you wish to:
[i] withdraw your child from the School [other than at the normal leaving date at the end of the Upper Sixth year]; or
[ii] withdraw your child from an activity charged for as supplemental; or
[iii] change your child’s place at the School from a boarding to a day place [or from a termly to a weekly boarding place]
you shall either give a full term’s notice to that effect or shall pay to the School a term’s fees or, as the case may be, a term’s charges for the activity that your child has ceased to participate in, or the difference between the boarding or termly boarding and the day or weekly boarding 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. In cases 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.
[b] You acknowledge that the School’s affairs are organised on a termly basis and that 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 you child complies with the School Rules 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] To ensure compliance with the School Rules on illegal drugs the Head may require your child to submit to testing for drugs in accordance with suitably approved procedures.
[c] The School reserves the right to monitor your child’s e-mail communication and internet use for the purpose of ensuring compliance with the School Rules.
[d] To ensure compliance with the Health & Safety policy.
6. Disciplinary Procedures
[a] The Head may in his discretion require you to remove or may suspend or expel your child from the School if he considers that your child’s attendance, progress or behaviour [including behaviour outside school] is seriously unsatisfactory and in the reasonable opinion of the Head the removal is in the School’s best interest or those of your child or other children.
[b] The Head may in his discretion require you to remove or may suspend or 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 dispute.
[c] Should the Head exercise his 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 paid or due and the deposit will be forfeited. However, in such circumstances fees in lieu of notice will not be payable.
[d] The School Rules set out examples of offences likely to be punishable by suspension or expulsion. These examples are not exhaustive, and in particular the Head may decide that suspension or expulsion for a lesser offence is justifies where there has been previous misbehaviour. All the aspects of the pupil’s record at the School may be taken into account.
[e] 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 secondary schooling. However, the School shall not be obliged to permit your child to enter the Sixth Form unless satisfied that it is appropriate to do so having regard to his or her academic attainments and all other relevant circumstances. The School may make a decision as to whether your child may join the Sixth Form after the GCSE or equivalent examinations are known, and may make entry to the Sixth Form conditional upon the results of such examinations.
[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 undertake not to subject your child to corporal punishment, or to physical contact except where such contact may be deemed appropriate for the maintenance of good order, your child’s safety or otherwise. 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 the required for urgent treatment [including anaesthetic or operation] recommended by a doctor.
[f] Although our prospectus and website describe broad principles on which the School is presently run, and are believed to be correct at the time of printing, they do not form part of the contract between you and the School. We reserve the right to make changes to any aspects of the School, including the curriculum that we regard as significant to your child 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. 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 School Rules.
8. The Parent’s 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.
[b] You undertake to inform the School of any situations where special arrangements may be needed in relation to your child.
[c] It is a condition of this agreement that all information supplied by the parents prior to the pupil joining the school is true and gives a full and complete picture: such information shall include a full declaration of any relevant medical or mental condition or treatment [both past and on-going], and any disability or special need.
[d] The School will be entitled [unless notified otherwise] to treat any communication from any person who has signed the Acceptance Form as having been given on behalf of each such person. Unless other such arrangements are agreed between you and the School we shall be entitled to treat any communication from the School to any such person as having been made to each of them.
[e] The Head must be informed in writing of any reason for your child’s absence from School. Wherever possible the School’s prior consent should be sought for absence from School.
[f] We cannot accept any responsibility for the welfare of your child while off the School premises unless he/she 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, as outlined in the Parent/Pupil Handbook.
9. Insurance
You must make your own insurance arrangements if you require cover for your child’s person or property while at School.
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 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 a 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 communicating and managing relationships with pupils and former pupils of the School.
[c] You give consent for the use of images of your child, whilst he or she is at the School and after he or she has left to appear in School publications and on the School website and the rights to those images to be vested in the School.
11. Intellectual Property Rights
We shall recognise any intellectual property rights vested in your child.
12. Changes in Ownership etc
For the purposes of reconstruction 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.
13. Communications
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.
14. Interpretation
Headings in these terms and conditions are for ease of understanding only and do not form part of these terms and conditions.
15. 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.
16. Variations
We reserve the right to make reasonable modifications to these terms and conditions from time to time. The School will give you a term’s notice of any such moderations.