Sherfield School Terms & Conditions 1. Definitions (a) In these terms

Sherfield School Terms & Conditions

1. Definitions

(a) In these terms and conditions:

“Form of Acceptance” means the form provided by the School for parents to complete

when accepting a place for their child(ren) at the School;

“child” means a child of whatever age admitted by the School to be educated and

includes any pupil 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, and handling complaints from

parents, as amended from time to time, a current copy of which is available on the

website or on request from the School;

“registration fee” means that sum set out in the Schedule of Fees to cover the cost of

admission;

“deposit” means the sum set out in Schedule of Fees to secure a place for your child at

the School;

“fees” means the fees set out in the Schedule of Fees as amended from time to time

usually on an annual basis or otherwise;

“Head Teacher” means the person responsible for the day-to-day management of the

School, including anyone to whom such duties have been duly delegated;

“Our Expectations” or “School Rules” means the rules of the school and/or expectations

of pupil behaviour which are communicated to pupils and parents from time to time.

The rules may be amended from time to time for legal, safety or other substantive

reasons in order to assist the proper administration of the School;

“term” means a term of the School as notified to parents from time to time;

“a term’s notice” means written notice given no later than the last day of the term

preceding the term to which the notice relates. For the avoidance of doubt, the notice

must be received before the last day of the term preceding what will be the child’s last

term at the school;

“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 Form of Acceptance as

parent or guardian of a child or who with the School’s written consent has subsequently

assumed parental responsibility for such child;

“Schedule of Fees” means the published note of the School’s prevailing fees.

(b) The “School” means Sherfield School registered company number 04885051, a member

of the GEMS Group.

Complaints Procedure and these terms and conditions constitute the terms of a contract

between you and the School. It is not intended that the terms of the contract shall be

enforceable by your child or by another third party.

2. Acceptance and Deposit

(a) Application of the registration process

The registration fee is non-returnable and covers the cost of processing the application

for admission. It does not secure a place for your child at the School.

(b) Acceptance of a Place

An offer of a place for your child at the School is accepted by your completion and

return to the School of; the Form of Acceptance and payment of the deposit.

The deposit will form part of the general funds of the School until your child leaves. The

deposit may be applied by the School at any time against any outstanding debts. The

deposit does not attract any interest. At the end of the final year deposits will be

refunded by 30

September of the following Autumn Term. Cancellation of a reserved

place will forfeit the deposit.

(d) Enrolment

Failure to attend the School after acceptance of a place at the School will result in the

payment of a term’s fees less the deposit if a full term’s notice has not been given in

writing.

In instances where the School has acted as a Sponsor in support of a student’s application,

the deposit and fees paid will be refunded where proof of a visa rejection is provided.

3. School Fees

(a) All the costs incurred in the usual course of the tuition of a child by the School,

including the provision of any necessary educational materials, shall be met by the fees

unless otherwise notified by the School. Lunches and snacks are charged for as part of

the fee for the year. Before and after school provision and holiday clubs are charged for

separately.

(b) The fees do not include the following which will be charged in addition:

o private music lessons o use of the school bus service o trips and visits

in which you agree your child may participate o all public examination

charges

o any additional learning support or auxiliary aids which we have

recommended and you have agreed will assist in meeting your child’s

educational needs but not when your child is disabled within the

meaning of the Equality Act 2010

due and any supplemental charges. The persons who have signed the Form of

Acceptance 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/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 Teacher, 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 for school fees from Reception year and above must be paid on or before

the first day of term. Details of the prevailing rate will be made available to you with

your invoice. International Students whose entry visa is conditional upon the payment

of fees annually in advance must make payment of a year’s fees in full before entering

the UK.

Supplemental charges will be billed at convenient intervals and are payable on demand.

Each invoice for nursery and Pre-Reception fees is due 5 days from the start of the

month which has been invoiced.

(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 and overdue. Failure

to pay or late payment will result in a charge of £25.00 for additional

administration/collection fees and interest as set out in the School’s payment terms;

included in your invoice. For all overdue amounts greater than £500, The School

reserves the right to charge interest at the Bank of England Base Rate +3%. This interest

will be calculated on a daily interest basis from the first day the balance was due until

the date the debt is paid. You consent to our informing any other school or educational

establishment to which you propose to send your child of any outstanding fees and

consent (if necessary) to the Credit Control Department of GEMS carrying out a search

(at any time) with a credit reference agency, which will keep a record of that search and

may share that information with other businesses.

(f) The fees will be reviewed from time to time and may be increased by such amount as

the School considers reasonable. The School shall endeavour to give at least a term’s

notice of any increase in the fees but is not obliged to do so.

(g) Fees and any prepaid supplemental charges will not normally be reduced as a result of

absence due to illness or otherwise or if we are obliged to close the School for any reason

outside of our reasonable control, such as adverse weather conditions, or pandemics. In

the event that your child takes study leave at home before or during public

examinations or stay at home following those examinations, no reduction of fees will be

made in respect of such periods spent at home.

4. Notice Requirements

(a) If you wish to:

(i) Withdraw your child from the School, Pre-Reception to Year 13 (other than at the

normal leaving date); or

(ii) Withdraw your child from an activity charged for as an optional extra; or

(iii) Reduce the number of nursery sessions;

You must give a term’s notice to that effect or pay to the School a term’s fees for the

term when, or the activity in which, your child has ceased to participate in lieu of notice,

at such rate as would have been charged. One month’s notice is required for children in

nursery.

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 notice had been given.

Where two parents have signed the Form of Acceptance, one of them may withdraw

from the contract with the School by submitting a term’s notice provided they have

obtained prior written consent of both the School and the remaining parent.

(b) You acknowledge 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 from the School 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 attendance at the School that your child complies with the School

rules and customs 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 Head Teacher may require your child to submit to testing for drugs in accordance

with suitably approved procedures.

use for security purposes.

6. Disciplinary Procedures

(a) The Head Teacher may exclude for a fixed period of time or permanently exclude your

child from the School if he/she considers that your child’s attendance, progress or

behaviour (including behaviour on the journey to and from School and outside of

School) is seriously unsatisfactory and in the reasonable opinion of the Head Teacher the

removal is in the School’s best interests or those of your child or other children attending

the School.

(b) The Head Teacher may at his or her discretion require you to remove or may exclude for

a fixed period of time or permanently exclude your child if your behaviour is in the

opinion of the Head Teacher 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.

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 Exclusions and Appeals Policy, a copy of which is available from the School or its

website, sets out behaviours which may warrant a fixed term exclusion, permanent

exclusion or a request to the parents to remove the child. These examples are not

exhaustive, and in particular the Head Teacher may decide that removal or exclusion for

a lesser offence is justified where there has been previous misbehaviour. All aspects of

the pupil’s record at the School may be taken into account.

(e) The review of disciplinary sanctions and decisions to seek removal of a child from the

School is governed by the Exclusions and Appeals Policy.

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. The School shall not be obliged to permit your child to enter 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 results of 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.

your own obligations under these terms and conditions; encouraging and supporting

your child in his or her studies; 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) In accordance with the law, we will not subject your child to corporal punishment. We

will not subject your child to physical contact, except where such contact may be

deemed appropriate or 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 Schools’ care, we will

attempt to obtain your prior consent. 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 which is recommended by a doctor (including anaesthetic, operation or blood

transfusion, unless you have previously notified us that you object to blood

transfusions).

(f) Our prospectus, website and documentation describe the 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. We will endeavour to

give parents a term’s notice of significant changes, 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. We shall take all

reasonable steps and make reasonable adjustments to ensure that the education the

School provides is accessible to disabled children in accordance with the School’s legal

obligations under the Equality Act 2010. You may be asked to withdraw your child

without being charged fees in lieu of notice if the School is unable to make reasonable

adjustments for a disabled child or in the opinion of the Head Teacher the School cannot

provide adequately for your child’s special medical or educational needs.

(h) Religious observation at the School shall be conducted in accordance with the Education

Reform Act and the School’s ethos.

8. The Parent’s Obligations

(a) It is a condition of your child 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 of short-term, including any infections. If the

School so requires due to a health risk either presented by your child, by others or by

reason of a virus, pandemic, epidemic or 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.

received from any person who has signed the Form of Acceptance as having been given

on behalf of all persons signing the Form.

(d) The School 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

the School. Parents are expected to arrange holidays outside of School term times.

(e) 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.

(f) 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.

9. Insurance

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 charge for which is included in the fees.

10. Data Protection

(a) Personal data, including sensitive personal data as defined in the Data Protection Act

1998, about parents and pupils is processed by the School in accordance with the Data

Protection Policy which is available from the School or on the School’s website.

(b) 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 shall not be liable for any

loss you or your child is alleged to have suffered resulting from an opinion, reference or

report given by us.

details being forwarded to the uniform suppliers and to other external companies where

the School considers this necessary or desirable for the purposes of the education or

welfare of your child e.g. for the provision of and access to computer based learning

programmes.

(d) You consent to your contact details being published in the Parents Directory, unless you

have given notice in writing to the Head that you do not consent.

(e) You consent to the School taking photographs or images of your child for the purpose of

including them in the School’s promotional material such as the prospectus and the

website. The child’s name and home address will not be disclosed. If you do not wish

your child’s photograph and image to appear in any of the School’s promotional

material or on the website you must notify the Head of the School in writing and also

make your child aware of your position so that the child may notify anyone proposing

to take their photograph that consent has not been given.

11. Intellectual Property Rights

Sherfield School has the intellectual property rights to any outcomes produced by your

child as part of the school’s provision.

12. Termination, Changes in Ownership etc.

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 fees or

administration fee to you if you are in material breach of any of your obligations and

have not 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 of fees or

material default under these terms and conditions).

For the purposes of illustration only (and without limitation), the School is likely to

regard the following circumstances as a material breach entitling it to terminate this

agreement;

(a) failure to pay any fees or supplemental charges on time on more than one occasion;

(b) you (as opposed to your child) acting in such a way as to give the Head Teacher cause to

permanently exclude your child in accordance with this agreement;

accordance with the terms of this agreement;

(d) failure or refusal to complete and submit to the School a medical questionnaire in

respect of your child or any other mandatory information required by the School.

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.

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.

For the avoidance of doubt, this agreement automatically terminates at the end of your

child’s schooling.

In the event of a “force majeure” (any cause beyond a party’s control including for the

avoidance of any doubt strikes, other industrial disputes, act of God, war, riot, civil

commotion, compliance with any law or governmental order, rule, regulation or

direction, accident, fire, flood, storm, pandemic or epidemic of any disease, terrorist

attack, chemical or biological contamination) which prevent or delays the School’s

performance of any of its obligations under this agreement, the School shall forthwith

give you notice specifying the nature and extent of the circumstances. 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 its

obligations as are prevented by the force majeure whilst it continues. The School shall

use its best endeavours during the continuance of the force majeure to provide

educational services.

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 are required to mitigate the effect of the force majeure in order to

continue to perform your obligations under this agreement in any way that is

reasonably practicable in the circumstances. If following such efforts your child is not

able to participate and benefit from any level of provision of education by the School,

then you shall not be liable for non-performance of your obligations during the

continuance of the force majeure. 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.

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 Form of Acceptance. Communications (including notices) will be sent by

the School to the address shown in its records. We shall be entitled to treat any

communication from the School to any person who has signed the Acceptance Form as

having been made to both or all such persons. Notices that you are required to give

under these terms and conditions must be addressed to the Head Teacher 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.

In the absence of any court order providing to the contrary, if the School is aware that a

child does not normally reside with both parents and it appears that both parents have

parental responsibility for the child, the provisions of this paragraph will apply. The

School shall provide the parent with whom the child does not normally reside with

reports concerning the child’s progress, and any disciplinary or attendance issues, will

invite that parent to school events including parents’ evenings and generally involve

that parent in the major decisions concerning the child’s education and welfare subject to

the School having the parent’s contact details.

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 endeavour to give you a term’s notice of any such

modifications.