Terms & Conditions

1.1 Terms and Conditions: These Terms and Conditions reflect the custom and practice of independent schools for many generations and together with:

1.1.1 the letter of offer;

1.1.2 the Conditions of Award if applicable;

1.1.3 the acceptance form; and

1.1.4 the fees list

they form the basis of a legally binding contract between the Parents and the College for the provision of educational services. These Terms and Conditions are intended to promote the education and welfare of pupils and the stability, forward-planning, proper resourcing and development of the College.

1.2 Variations: these Terms and Conditions, the Conditions of Award (if applicable) and the fees list are subject to change from time to time to reflect changes in the law or in custom and practice at the College.

1.3 Fees and Notice: The rules concerning Fees and Notice are of particular importance and are set out in Section 4 and Section 9.

1.4 Managing change: The College, as any other school, is likely to undergo a number of changes during the time your child is a pupil here.  Please see Section 11 for further details of the changes that may be made and the consultation and notice procedures that will apply.

2.1 College or We or Us: means Earlscliffe Limited as now or in the future constituted (and any successor).  The College is constituted as a private limited company.

2.2 College Governors: means the Governors of the College who are appointed from time to time under the terms of its governing instrument and who are responsible for governance of the College.

2.3 Head or Principal: means the Head or Principal of the College as appointed by the College Governors.  The Head is responsible for the day-to-day running of the College.

2.4 Parents or You: means any person who has signed the acceptance form.  The Parents are legally responsible, jointly and severally, for complying with their obligations under these Terms and Conditions.  Fees payable by a third party (for example, an employer, grandparent, step-parent without Parental Responsibility or third party credit provider) will only be acceptable to the College if a separate agreement between the College, the Parents and the third party is entered into and the College is satisfied as to the identity of the third party and/or the source of the funds.  Please also see clause 3, 4.14 and clause 11.5.

2.5 Parental Responsibility: Those who have Parental Responsibility (i.e. legal responsibility for the child) are entitled to receive relevant information concerning the child whether or not they are a party to this contract unless a court order has been made to the contrary, or there are other reasons which justify withholding information to safeguard the best interests and welfare of the child.

2.6 Pupil: means the child named on the acceptance form. The age of the Pupil will be calculated in accordance with British custom.

3.1 Registration and Admission: Applicants will be considered as candidates for Admission and Entry to the College when the registration form has been completed and returned to Us and the non-returnable Registration Fee paid.  Admission will be subject to the availability of a place and the Pupil and the Parents satisfying the admission requirements at the relevant time.  The admissions requirements are set out in the College’s Admissions Procedure current at the time and published on the College’s website.  Admission occurs when the Parents accept the offer of a place.  Entry occurs on the date when the Pupil attends the College for the first time under these Terms and Conditions .

3.2 Equality: The College is a boarding and day school for boys and girls aged from 15 years. The College welcomes staff and children from many different ethnic groups, backgrounds and creeds.  Human rights and freedoms are respected. At present, our physical facilities for individuals with physical disabilities are limited but We will do all that is reasonable to ensure that the College’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 pupils who have disabilities for which, after reasonable adjustments, We can cater adequately.

3.3 Offer of a place and deposit: A deposit (Acceptance Deposit) as shown on the fees list for the relevant year will be payable when the Parents accept the offer of a place. The Acceptance Deposit will be retained in the general funds of the College until the Pupil leaves and will be repaid upon request by the Parents unless the Parents wish to donate the Acceptance Deposit to the College by way of gift.  See clause 7 for terms relating to the deposit on termination / cancellation.

3.4 Immigration: The College currently holds a Child Student sponsor licence.  The Parents must inform the Head when returning a completed registration form or at any other time if their child requires sponsorship from the College in order to obtain a visa to study at the College.  It shall be the Parents’ responsibility at all times to ensure that their child has the appropriate immigration permission to live in the United Kingdom and to study at this  College and the Parents shall permit the College to take and retain copies of all documentation required to be kept by the College in order to comply with its duties as a Child Student sponsor, including passport, visa, vignette and /or biometric resident permit of the child and, where necessary, the Parents.  The Parents shall immediately inform the College of any intended or actual change in the Pupil’s accommodation arrangements during their period of sponsorship or any other such changes as may affect the immigration status of either the Parents or the Child (as the case may be). Please also see clause 14.

4.1 Fees: may include alone or in combination any of the Registration Fee, the Acceptance Deposit, tuition fees,  boarding fees (where relevant), fees for extra tuition, other extras such as clothing and equipment, photographs or other items ordered by the Parents or the Pupil or charges arising in respect of educational visits, or damage where the Pupil alone or with others has caused wilful loss or damage to College property or the property of any other person (fair wear and tear excluded), or bank charges arising from default in Fees payment or late payment charges if incurred.

4.2 Payment of Fees: The Parents jointly and severally agree to pay the Fees applicable to each Term directly to the College. Except where a separate agreement has been made between the Parents and the College for the deferment of payment of Fees, Fees for each Term are due and payable as cleared funds before the commencement of the College Term to which they relate. It is recommended that you use the College’s direct debit or international payment platform to ensure prompt payment of Fees. If an item on the fees invoice is under query, the balance of that fees invoice must be paid. The College reserves the right to refuse a payment if it is not satisfied as to the identity of the payer or the source of the funds.

4.3 Payment of Fees by a third party: An agreement with a third party to pay the Fees or any other sum due to the College 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 Head or Principal.  The College reserves the right to refuse a payment from a third party.

4.4 Indemnity: If the College is required to pay all or part of any sum received from a third party credit provider on behalf of the Parents, the Parents shall indemnify the College against all losses, expenses (including legal expenses) and interest suffered or incurred by the College.

4.5 Refund or waiver: Save where there is a legal liability including liability under a court order or under the provisions of this contract to make a refund or reduction, Fees will not be refunded, reduced or waived if:

4.5.1 the Pupil is absent through illness; or

4.5.2 a Term is shortened or a vacation extended; or

4.5.3 the Pupil is released home before or after public examinations or otherwise before the normal end of a Term; or

4.5.4 the College premises is temporarily closed due to adverse weather conditions or otherwise; or

4.5.5 the College is required to provide educational services remotely for whatever reason; or

4.5.6 for any reason other than exceptionally and at the sole discretion of the Head in a case of genuine hardship.

See also Section 10 for information about events beyond the control of the parties.

4.6 Exclusion for non-payment: The College reserves the right to exclude the Pupil on three days’ written notice if Fees are overdue for payment or if the Parents fail to provide information reasonably requested by the College about the identity of the payer of any Fees or the source of the funds. If the Pupil 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 9. Exclusion in these circumstances is not a disciplinary matter and the right to a Governors’ Review will not normally arise. The College may withhold any information, character references or property while Fees remain overdue where it is lawful to do so.

4.7 Late payment: Save where alternative provisions for the payment of interest are contained in a separate consumer credit agreement made between the Parents and the College, simple interest may be charged on a day-to-day basis on Fees which are unpaid. The Parents shall also be liable to pay all costs, fees, disbursements and charges including legal fees and costs reasonably incurred by the College in the recovery of any unpaid Fees regardless of the value of the College’s claim.

4.8 Part-payment: Any sum tendered that is less than the sum due and owing may be accepted by the College on account only. Late payment charges may be applied to any unpaid balance of Fees, as set out in clause 7.

4.9 Appropriation: Save where the Parents expressly state the contrary, the College shall allocate payments made to the earliest balance on the Fees account. The Parents agree that a payment made in respect of one child may also be appropriated by the College to the unpaid account of any other child of the Parents.

4.10 Instalment arrangements: An agreement by the College 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 College. Any such arrangement must be first approved in writing by the Head or Principal. Where there are inconsistencies between these Terms and Conditions and those of any instalment agreement or invoice issued by the College to the Parents (as applicable), the Terms and Conditions of the instalment agreement or the invoice shall prevail.

4.11 Scholarships and bursaries: Every scholarship, exhibition, bursary or other award or concession is a discretionary privilege, subject to high standards of attendance, diligence and behaviour on the Pupil’s part and to the Parents treating the College and its staff reasonably. It is the Parents responsibility to ensure the Pupil is aware of the condition attaching to any award. The terms on which such awards are offered and accepted will be notified to the 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.

4.12 Fees 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 College written Notice of Withdrawal of the Pupil within 21 days and will not be liable to pay Fees in lieu of Notice and the Acceptance Deposit will be refunded without interest, less any sums owing to the College.

4.13 Information about Fees: The Parents acknowledge that the College may make enquiries of the Pupil’s previous schools for confirmation that all sums due and owing to such schools have been paid. The Parents also acknowledge that the College may inform any other school or educational establishment to which the Pupil is to be transferred if any Fees of this College are unpaid.

4.14 Identity and funding checks: From time to time the College may need to obtain satisfactory evidence of:

4.14.1 the identity of a person who is paying Fees, such as sight of a passport and/or a recent utility bill;

4.14.2 your child’s identity;

4.14.3 you and / or your child’s right to enter and live in the United Kingdom and study at the College; or

4.14.4 the source of any funds used to pay Fees.

5.1 Provision of education: The College will do all that is reasonable to provide an educational environment and teaching of a range, standard and quality which is suitable for each pupil and to provide education to at least the standard required by law in the particular circumstances.  The College will exercise reasonable care and skill in providing educational services for the Pupil but cannot guarantee that the Pupil will achieve his / her desired examination results or that results will be sufficient to gain entry to other educational establishments.

5.2 Organisation of the curriculum: We reserve the right to organise the curriculum and its delivery in a way which, in the professional judgement of the Head, is most appropriate to the College community as a whole. In certain circumstances, this may be via online learning or any other form of remote learning provision provided by the College.  We will endeavour to inform the Parents of significant changes to the curriculum and the reasons for them as soon as practicable. The curriculum includes teaching which actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect for and tolerance of those with different faiths and beliefs. If the Parents have specific requirements or concerns about any aspect of the Pupil’s education or progress they should contact the Pupil’s tutor, or other appropriate member of staff, as soon as possible, or contact the Head in the case of a serious concern.

5.3 Progress reports: The College shall monitor the Pupil’s progress and shall report regularly to the Parents by means of grades, written reports and consultation / parents’ meetings.

5.4 Relationships and Sex education: The Pupil will receive health and life skills education, including relationships education or relationships and sex education appropriate to his / her 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 Pupil to take part in some or all of the sex education aspect of the curriculum. The Parents acknowledge that they do not have the right to withdraw the Pupil from classes relating to relationships education.

5.5 Public examinations: The Head or Principal may, after consultation with the Parents and the Pupil, decline to enter the Pupil’s name for a public examination if, in the exercise of his / her professional judgement, the Head considers that by doing so the Pupil’s prospects in other examinations would be impaired and / or if the Pupil has not prepared for the examination with sufficient diligence, for example, because the Pupil has not worked or revised in accordance with advice or instruction from his / her tutors.

5.6 Examination services: The Head may, after consultation with the Parents and the if appropriate the Pupil, decline to apply for access arrangements or post-examination services if, in his / her professional judgement it is considered not to be in the best interests of the Pupil or the examination cohort to do so.

5.7 Reports and references: Information supplied to the Parents and others concerning the progress and character of the Pupil, and about examinations, further education and career prospects, and any references shall be given conscientiously and with due care and skill but otherwise without liability on the part of the College.

5.8 Learning difficulties: The College shall do all that is reasonable to detect and deal appropriately with a learning difficulty which is considered to be a “special educational need”.  The College staff are not, however, qualified to make a diagnosis of conditions such as those commonly referred to as dyslexia, or of other learning difficulties.

5.9 Screening for learning difficulties: The screening tests available to schools are indicative only: they are not infallible. The Parents will be notified if a screening test indicates that the Pupil may have a learning difficulty. A formal assessment can be arranged by the College at the Parents’ expense or by the Parents themselves. The Parents agree to cooperate fully with any investigation of the Pupil’s educational needs.

5.10 Information about learning difficulties: The Parents shall notify the Head when completing the College’s Confidential Information Form and subsequently in writing if at any time they are aware or suspect that the Pupil has a learning difficulty and the Parents must provide the College with copies of all written reports and other relevant information.  The Pupil’s place will be cancelled, or, once the Pupil has started, Parents will be asked to withdraw the Pupil, without further charge if in the professional judgement of the Head and after consultation with the Parents and with the Pupil (where appropriate), the College is unable to provide adequately for the Pupil’s special educational needs. The College reserves the right to charge for the provision of additional teaching where it is lawful to do so.

5.11 Moving up the College: It is assumed that if the Pupil satisfies the relevant criteria at the time he / she will progress through the College and will ultimately complete their courses. The Parents will be consulted before the end of the Spring Term if there appears to be any reason why the Pupil may be refused a place in the next year at the College. The 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 9 below if they do not intend the Pupil to proceed to the next year of the College, or a Term’s Fees in lieu of Notice will be payable.

5.12 Intellectual property: Where the Pupil creates a copyright work, including where the work is created jointly with a member of staff or another pupil, the College may use that work for the purpose of promoting the interests of the College, including exhibiting it, publishing it in the College magazine or putting it or a copy of it on the College’s intranet or public website.

5.13 Pupil’s work: The Parents consent for themselves and (so far as they are entitled to do so) on behalf of the Pupil, to the College retaining the Pupil’s original work until, in the professional judgement of the Head, it is appropriate to release the work to the Pupil.  Certain coursework may have to be retained for longer than other work in order to reduce the risk of cheating.  This does not prejudice the Pupil’s or the Parents’ right to access their personal data under data protection law.  We will take reasonable care to preserve the Pupil’s work undamaged but cannot accept liability for loss or damage caused to this or any other property of the Pupil by factors outside the direct control of the Head or staff.

5.14 Consent for educational visits: A variety of educational visits will be provided for the Pupil.  Parents will be provided with relevant information in advance of educational visits.  Unless the Parents specifically notify the College in writing that they do not wish the Pupil to take part in a specific educational visit, by signing the acceptance form or agreeing to be bound by these Terms and Conditions  the Parents consent to the Pupil taking part in all educational visits.  These include:

5.14.1 visits (including overnight or residential stays) which take place during the weekends or school holidays; or

5.14.2 non- routine off-site activities and sporting fixtures which extend beyond the normal start and finish of the College day; or

5.14.3 adventure activities which may take place at any time; or

5.14.4 visits that cost less than £50.

The Parents agree that the Pupil shall be subject to College discipline in all respects whilst engaged in an educational visit.

5.15 The cost of educational visits: The College will advise the Parents in advance of any  additional costs associated with an educational visit, including those visits described in clause Error! Reference source not found. to 14.3 above.  The cost of such a visit or any visit with a cost in excess of that stated in clause 5.14.4 will be payable in advance and may be subject to a separate agreement.  All additional costs (such as medical costs, taxis, air fares, or professional advice) incurred to protect the Pupil’s safety and welfare, or to respond to breaches of discipline, will be added to the fees invoice.  The College reserves the right to prevent the Pupil from taking part in an educational visit while overdue Fees remain unpaid.

6.1 The College’s commitment: We will do all that is reasonable to safeguard and promote the Pupil’s welfare and to provide pastoral care to at least the standard required by law in the particular circumstances.  We will respect the Pupil’s human rights and freedoms which must, however, be balanced with the lawful needs and rules of the College community and the rights and freedoms of others. The Parents agree that the Head has the right to require the Pupil to remain away from the College temporarily at the home of his / her Parents or education guardian:

6.1.1 pending the outcome of an investigation (please see also clause 5 below); or

6.1.2 if the Head or Principal considers that the Pupil’s presence at the College presents a risk to him / her or to any other pupil.

6.2 Complaints: Any expression of dissatisfaction about action taken, or a lack of action by the College where the Parents seek action by Us must be notified to the College as soon as practicable.  A copy of the College’s complaints procedure can be supplied on request. See also clause 18.

6.3 Pupil’s rights: The Pupil, if of sufficient maturity and understanding, has certain legal rights that the College must observe. These include the right to give or withhold consent in a variety of circumstances and certain rights to confidentiality and, usually, the right to have contact with his / her parents. If any conflict of interest arises between the Parents and the Pupil, the rights of, and duties owed to, the Pupil will in most cases take precedence over the rights of, and duties owed to, the Parents.

6.4 Head or Principal’s authority: The Parents authorise the Head or Principal to take and / or authorise in good faith all decisions which the Head or Principal considers on proper grounds will safeguard and promote the Pupil’s welfare.  Please see Section 7

6.5 Ethos: The ethos of the College is to foster good relationships between pupils and between members of staff and pupils.  Bullying, harassment, victimisation and discrimination will not be tolerated.  The College and its staff will act fairly in relation to the Pupil and the Parents and We expect the same of the Pupil and the Parents in relation to the College or its staff.

6.6 Physical contact: The Parents consent to such physical contact with the Pupil:

6.6.1 as may accord with good practice; or

6.6.2 as may be appropriate and proper for teaching and instruction; or

6.6.3 for providing comfort to the Pupil in distress; or

6.6.4 to maintain safety and good order; or

6.6.5 in connection with the Pupil’s health and welfare.

The Parents also consent to the Pupil participating in contact and non-contact sports and other activities as part of the normal College programme or extra-curricular programme.  The Parents acknowledge that while the College will provide appropriate supervision the risk of injury cannot be eliminated.

6.7 Disclosures: The Parents must, as soon as possible, disclose to the College in confidence:

6.7.1 any known medical condition, health problem or allergy affecting the Pupil;

6.7.2 any history of a learning difficulty on the part of the Pupil or any member of his / her immediate family;

6.7.3 any disability, special educational need or any behavioural, emotional difficulty and / or social difficulty on the part of the Pupil;

6.7.4 any family circumstances, court proceedings or court order which might affect the Pupil’s welfare or happiness, including but not limited to any court order or undertaking regarding:

• • • the Pupil’s living and/or contact arrangements;
    • the Pupil’s education, welfare and/or upbringing;
    • the payment of Fees and/or supplemental charges; and/or
    • your exercise of Parental Responsibility in respect of the Pupil.

6.7.5 In any such circumstances you must (whether upon request or otherwise) promptly provide the College with all relevant information, including copies of the relevant court order(s) or undertaking(s) (or the relevant parts of them) having obtained the permission of the court if necessary;

6.7.6 any concerns about the Pupil’s safety;

6.7.7 any change to the citizenship or immigration status of either the Parents or the Child;

6.7.8 any significant change in the financial circumstances of the Parents;

6.7.9 if it is the Parents’ intention that the Pupil is to be cared for and accommodated by someone who is not a close relative for a period of 28 days or more except when the Pupil is boarding at the College.

6.8 Confidentiality: The Parents authorise the Head to override their own and (so far as they are entitled to do so) the Pupil’s rights to confidentiality, and to impart confidential information on a need-to-know basis where necessary to safeguard or promote the Pupil’s welfare or to avert a perceived risk of serious harm to the Pupil or to another person at the College.  In some cases, members of staff may need to be informed of any particular vulnerability the Pupil may have.

The College reserves the right to monitor the Pupil’s use of:

6.8.1 email;

6.8.2 the internet; and

6.8.3 mobile electronic devices.

See also the College’s policy on  acceptable use of IT and email.

6.9 Special precautions: The Head needs to be aware of any matters that are relevant to the Pupil’s safety and security. Accordingly the Parents must notify the Head in writing immediately of any court orders or situations of risk in relation to the Pupil for whom any special safety precautions may be needed.  The Head may exclude the Parents from College premises if, acting in a proper manner, he / she considers such exclusion to be in the best interests of the Pupil or any other member of the College community.

6.10 Leaving College premises: The College will do all that is reasonable to ensure that the Pupil remains in the care of the College during College hours but does not accept responsibility for the Pupil if he / she leaves College premises in breach of College rules or regulations.  The College is not legally entitled to prevent a pupil aged 16 years or over from leaving College premises during College hours.

6.11 Residence during Term time: The Pupil , except when boarding, is required during Term time and at weekends (permitted periods of time away from College] and half term, to live with the Parents or a legal guardian or with an education guardian acceptable to the College.  Short-term boarding, charged as an extra, can be provided during Term time for the Pupil where accommodation arrangements have broken down.  The Parents must immediately notify the Head in writing if the Pupil will be residing during Term time under the care of someone other than the Parents or his / her education guardian.

6.12 Communications from the Parents: Communications or instructions from one of the Parents or any person with Parental Responsibility shall be deemed by the College to be received from both Parents unless there is clear evidence of a contrary view. This requirement does not apply to the giving of Notice for the Cancellation of the place or the Withdrawal of the Pupil from the College.  Those persons who are required to consent to or to give Notice of Cancellation or Withdrawal are set out in clause 4.

6.13 Absence of the Parents: The Parents must inform the Head or Principal in writing of the name, address and telephone number for 24 hour contact for the adult who will have the care of the Pupil at any time when both the Parents will be absent from the Pupil’s home overnight or for a 24 hour period or longer.

6.14 Education guardians: The Parents if resident outside the United Kingdom must before entry appoint an education guardian for the Pupil in the United Kingdom who has been given legal authority to act on behalf of the Parents in all respects and to whom the College can apply for authorities when necessary.  The College can accept no responsibility for the Pupil when he / she is in the care of the Parents or the education guardian. The Parents or the education guardian must make holiday arrangements, including travel to and from the College, in advance.  The responsibility for choosing an appropriate education guardian rests solely with the Parents.  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 College with up to date contact details for the appointed education guardian and shall immediately notify the College of any changes to those details.

6.15 Photographs or images (including video recordings): The College may obtain and use photographs or images (including video recordings) of the Pupil for:

6.15.1 use in the College’s promotional material such as the prospectus, the website or social media;

6.15.2 press and media purposes; or

6.15.3 educational purposes as part of the curriculum or extra-curricular activities.

Please see the privacy notice for more information about how the College uses photographs and videos of pupils. The College may seek specific consent from the Parents before using a photograph or video recording of the Pupil where the College considers that the use is more privacy intrusive. Where the Pupil is of sufficient maturity (usually when aged 12 years or older) we may seek the Pupil’s specific prior consent in addition to or instead of the Parents’ consent. We would not disclose the home address of the Pupil alongside a photograph or video without the Parents’ consent.

6.16 Request for confidentiality: The Parents may ask Us to keep information about the Pupil confidential. For example, You may ask Us to not use photographs of the Pupil in promotional material or ask Us to keep the fact that the Pupil is on the College roll confidential.  If the Parents would like information about the Pupil to be kept confidential, they must immediately contact the Head or Principal in writing, requesting an acknowledgment of their letter.

6.17 Transport: The Parents consent to the Pupil 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.

6.18 Pupil’s personal property: The Pupil is responsible for the security and safe use of all his / her personal property including money, mobile electronic devices, locker keys, watches, computers, musical instruments and sports equipment, and for property lent to him / her by the College.

6.19 Insurance: The Parents are responsible for insurance of the Pupil’s personal property whilst at College or on the way to and from College or any College-sponsored activity away from College premises.

6.20 College’s liability: Unless negligent or guilty of some other wrongdoing causing injury, loss or damage, the College does not accept responsibility for accidental injury or other loss caused to the Pupil or the Parents or for loss or damage to property.

7.1 Medical declaration: Before the Pupil enters the College the Parents will be asked to complete a Medical Information and Consent Form concerning the Pupil’s health and must inform the Head in writing if the Pupil 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 anyone with an infectious or contagious disease.

7.2 Medical care: If a boarder the Pupil must be registered on the list of the College Medical Officer while a pupil at the College. The Parents must comply with the College Medical Officer’s recommendations which may include a reasonable decision to release the Pupil home or to his / her education guardian when he / she is unwell.

7.3 Pupil’s health: The Head may at any time require a medical opinion or certificate as to the Pupil’s general health where the Head considers it necessary as a matter of professional judgement in the interests of the Pupil and / or the College community. The Pupil if of sufficient age and maturity is entitled to insist on confidentiality which can be overridden in the Pupil’s own interests or where necessary for the protection of other members of the College community.

7.4 Medical information: Throughout the Pupil’s time as a member of the College, the College Medical Officer shall have the right to disclose confidential information about the Pupil if it is considered to be in the Pupil’s own interests or necessary for the protection of other members of the College community.  Such information will be given and received on a confidential, need-to-know basis.

7.5 Emergency medical treatment: The Parents authorise the Head to consent on their behalf to the Pupil receiving emergency medical treatment where certified by an appropriately qualified person as necessary for the Pupil’s welfare and if the Parents or a second emergency contact  cannot be contacted in time.

8.1 College regime: The Parents accept that the College will be run in accordance with the authorities delegated by the Governing Body to the Head or Principal.  The Head or Principal is entitled to exercise a wide discretion in relation to the College’s policies, rules and regime and will exercise those discretions in a reasonable and lawful manner, and with procedural fairness when the status of the Pupil is at issue. The Parents accept that the College’s policies, procedures and regime may be subject to change at short notice, if in the opinion of the Head or Principal it is deemed appropriate to do so in the circumstances prevailing at the time.

8.2 Conduct and attendance: We attach importance to courtesy, integrity, good manners, good discipline and respect for the needs of others.  The Parents warrant that the Pupil will take a full part in the activities of the College, will attend each College day, will be punctual, will work hard, will be well-behaved and will comply with the College rules about the wearing of uniform and general appearance.

8.3 College rules: The College rules which apply are set out in the Behaviour Policy, available from the College website and other documents published from time to time.  The Parents are requested to read these documents carefully with the Pupil before they accept the offer of a place.

8.4 College discipline: The Parents accept the authority of the Head and of other members of staff on the Head’s behalf to take all reasonable disciplinary or preventative action necessary to safeguard and promote the welfare of the Pupil and the College community as a whole.  The College’s policies on behaviour and discipline current at the time and published on the College website apply to all pupils at the College and at all times when the Pupil is in or at College (including when engaged in online remote learning), representing the College or wearing College uniform (if any), travelling to or from College, on College-organised trips or associated with the College at any time.  The policies shall also apply at all times and places in circumstances where failing to apply this policy may affect the health, safety or wellbeing of a member of the College community or a member of the public, have repercussions for the orderly running of the College or bring the College into disrepute.

8.5 Investigative action: An allegation, complaint or rumour of misconduct will be investigated.  The Pupil may be questioned and his / her accommodation and/or belongings may be searched in appropriate circumstances. All reasonable care will be taken to protect the Pupil’s rights and freedoms.  The Parents will be informed as soon as reasonably practicable after it becomes clear that the Pupil may face formal disciplinary action, unless the College is prevented from doing so by the police if they are involved.  If considered necessary, the College may make arrangements for legal representation for the Pupil to be funded at the Parents’ expense.

8.6 Procedural fairness: Investigation of an allegation, complaint or rumour that could lead to Expulsion, Removal or Withdrawal of the Pupil in any of the circumstances explained below shall be carried out in a fair and unbiased manner If a disciplinary meeting with the Head is required before a decision is taken, the College will make reasonable efforts to notify the Parents or education guardian so that they can attend. In the absence of the Parents or education guardian, the Pupil will be assisted by an adult (usually a teacher) of his / her choice.

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

8.8 Drugs and alcohol: The Pupil may be given the opportunity to provide a biological sample under medical supervision if involvement with drugs is suspected, or a sample of breath to test for alcohol consumed in breach of College rules or policy.  A sample or test in these circumstances will not form part of the Pupil’s permanent medical record.

8.9 Sanctions: The College’s current policies on sanctions are available to the Parents on request before they accept the offer of a place. Those policies 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 College or external community, detention for a reasonable period, withdrawal of privileges or Suspension, or Removal or Expulsion.

8.10 Definitions of sanctions: The definitions in this clause apply in these Terms and Conditions.

• Expulsion:  means that the Pupil is required to leave the College permanently in circumstances described in clause 8.11.
• Removal:  means that the permanent removal of the Pupil from the College is required in circumstances described in clause 8.13.
• Suspension:  means that the Pupil is sent or released home for a limited period as a disciplinary sanction. or pending a Governors’ Review.
• Withdrawal:  has the meaning set out in clause 9.4.

8.11 Expulsion: The Pupil may be formally expelled from the College if it is proved on the balance of probabilities that the Pupil has committed a very grave breach of discipline or a serious criminal offence. Expulsion is reserved for the most serious breaches. The Head shall act with procedural fairness in all such cases. The Head’s decision to expel shall be subject to a Governors’ Review if requested by the Parents. The Parents will be given a copy of the Review procedure current at the time. The Pupil shall be suspended from the College pending the outcome of the Review. See clause 16 and clause 8.17.

8.12 Fees following Expulsion: If the Pupil is expelled, there will be no refund of the Acceptance Deposit or of Fees for the current or past Terms if paid. 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 College, all arrears of Fees and any other sums due to the College will be payable.

8.13 Removal in other circumstances: The Parents may be required to remove the Pupil permanently from the College or from boarding (where relevant) if, after consultation with the Parents and if appropriate the Pupil, the Head is of the opinion that:

8.13.1 information required by the College has been requested to satisfy its obligations / requirements to UKVI (e.g. information set out in the Parent/Legal Guardian Consent Letter) and such information has not been provided by the Parents; or

8.13.2 the Pupil has committed a breach or breaches of College rules or discipline for which Removal is the appropriate sanction; or

8.13.3 by reason of the Pupil’s conduct, behaviour or progress, the Pupil is unwilling or unable to benefit sufficiently from the educational opportunities and / or the community life offered by the College; or

8.13.4 one or both of the Parents have treated the College or members of its staff or any member of the College community unreasonably; then

in these circumstances, and at the sole discretion of the Head, Withdrawal of the Pupil by the Parents may be permitted as an alternative to Removal being required.  The Head shall act with procedural fairness in all such cases, and shall have regard to the interests of the Pupil and the Parents as well as those of the College.  The Head’s decision to require the Removal of the Pupil shall be subject to a Governors’ Review if requested by the Parents.  The Parents will be given a copy of the Review procedure current at the time.  The Pupil shall be suspended from the College pending the outcome of the Review.  See clause 8.16 and clause 8.17.

8.14 Fees following Removal: If the Pupil is removed or withdrawn in the circumstances described in clause 13, the provisions relating to Fees shall be as set out in clause 8.12 save that the Acceptance Deposit will be refunded without interest less any sums owing to the College.

8.15 Leaving status: The College reserves the right to record the leaving status of the Pupil on the Pupil’s file immediately after Expulsion or Removal or Withdrawal.

8.16 Governors’ Review: The Parents may request a review by Governors (Governors’ Review) of a decision to expel or require the Removal of the Pupil from the College or from boarding (but not a decision to suspend the Pupil unless the suspension is for 11 College days or more, or would prevent the Pupil taking a public examination).  The Head will advise the Parents of the Governors’ Review procedure current at that time when he / she informs the Parents of his / her decision.  A Governors’ Review will be conducted under fair procedures in accordance with the requirements of natural justice.

8.17 Pupil’s status pending Review: If the Parents request a Governors’ Review, the Pupil will be suspended from College until the review procedure has been completed.  While suspended, the Pupil shall remain away from College and will have no right to enter College premises during that time without written permission from the Head or Principal.

8.18 Complaints procedure: A complaint as described in clause 2 above which does not involve an Expulsion or Removal of the Pupil must be made in accordance with the College’s complaints procedure, a copy of which is available on request.  Every reasonable complaint shall receive fair and proper consideration and a timely response.

9.1 Term: means the period between and including the first and last days of the relevant College term.

9.2 Notice: means (unless the contrary is stated in these Terms and Conditions) a Term’s Written Notice given by:

9.2.1 both Parents; or

9.2.2 one of the Parents with the prior written consent of the other Parent; and

9.2.3 in either case the prior written consent of any other person with Parental Responsibility where appropriate

before the first day of Term addressed to and received by the Head personally or the Bursar on the Head’s behalf. It is expected that the Parents will consult with the Head before giving Notice to withdraw the Pupil. The Parents should contact the College if no acknowledgement of the Notice is received from the College within seven days of the date of the Notice.

9.3 Cancel or Cancellation: means the cancellation of a place at the College which has been accepted by the Parents and which occurs before the Pupil enters the College or where the Pupil does not enter the College.  Please see clause 1 for details of when Entry to the College occurs.

9.4 Withdraw or Withdrawal: means the withdrawal of the Pupil from the College by the Parents or the Pupil with or without Notice required under these Terms and Conditions at any time after the Pupil has entered the College.  Please see clause 1 for details of when Entry to the College occurs.

9.5 Fees in lieu of Notice:means Fees in full at the rate applicable for the next Term following termination by the parents on less than one full Term’s Notice, or the Pupil is excluded for more than 28 days for non-payment of Fees as set out in clause 6. Fees in Lieu of Notice is not limited to the parental contribution in the case of a scholarship, exhibition, bursary or other award or concession.  The Parents acknowledge that the requirement to pay one Term’s Fees in lieu of Notice is necessary to promote financial stability at the College and to enable it to plan its staffing and other resources.

9.6 A Term’s Written Notice: means Notice given before the first day of a Term and expiring at the end of that Term.

9.7 Cancellation rights:If the offer of a place and its acceptance are both made entirely at distance by means of post or electronic communication without either of the Parents meeting face to face with a member of the College staff between offer and acceptance, the Parents have the right to cancel this contract at any time within 14 days of the day after We receive Your completed and signed acceptance form. In such circumstances the Acceptance Deposit will be refunded together with any Fees paid pro-rated if the College has provided any educational services under this contract. Information about the right to cancel and how to cancel is set out in the College’s cancellation notice and form published on the College website.

9.8 Termination by the Parents: Except where clause 9.11 below applies, if the Parents wish to Withdraw the Pupil or Cancel and terminate this contract at any time or after the expiry of the 14 day cancellation period described in clause 9.7 above if applicable they shall do so either by:

9.8.1 providing at least one Term’s Written Notice. If the Parents Cancel by providing at least one Term’s Written Notice the College shall retain the Acceptance Deposit; or

9.8.2 paying one Term’s Fees in lieu of Notice.

9.8.3 The College reserves the right to offset the Deposit, if paid, against the Term’s Fees in lieu of Notice.

9.9 Other Notice requirements:The requirements in clause 9.8 shall also apply if:

9.9.1 the Parents or the Pupil wish(es) to transfer from boarding to day status or vice versa, or between categories of boarding;

9.10 Cancelling a place offered in the Term before Entry: Except where clause 9.7 applies, if the offer of a place is made within a Term of Entry, the Parents may Cancel and terminate this contract by notifying the College in writing at any time before Entry but they shall pay one Term’s Fees at the rate payable for the Term of Entry, less the Acceptance Deposit, payable as a debt.

9.11 Prior consultation: It is expected that the Parents, or duly authorised education guardian, will consult personally with the Head or with the Head’s authorised deputy before Notice is given by the Parents.

9.12 Transfer between boarding and day status: Before providing the Notice required under clause 9.1, the Parents must obtain the express permission of the Head in writing if the Parents or the Pupil wishes to change from boarding to day status or vice versa, or between categories of boarding (e.g. full boarding to weekly boarding).  At the discretion of the Head, the College has the right to postpone or refuse a transfer request and the Head will consider the best interests of the Pupil and the College in reaching the decision.  Any such place is subject to the availability of places.

9.13 Discontinuing extra tuition:  A Term’s Written Notice is required to discontinue extra tuition or a Term’s Fees for the extra tuition will be immediately payable.

9.14 Termination by the College: The College may terminate this contract:

9.14.1 on one Term’s notice in writing sent by ordinary post. The College will not terminate this contract without good cause and full consultation with the Parents and also the Pupil (if of sufficient maturity and understanding). The Acceptance Deposit will be refunded without interest, less any outstanding balance of Fees; or

9.14.2 on reasonable notice if in the professional opinion of the Head the College is unable to provide all or a significant proportion of the educational services to the Pupil; or

9.14.3 immediately where the parents are unable to satisfy the school (whether through the provision of relevant supporting documentation or otherwise) that the Pupil has, or continues to have, the appropriate immigration permission to live in the United Kingdom and to study at the College  or, in the case of a Pupil who holds a Child Student visa on the basis of sponsorship by the College, where Parents have arranged accommodation for the Pupil which does not meet the requirements of the Child Student Immigration Rules.

10.1 Force majeure: An event beyond the reasonable control of the College or the Parents is a Force Majeure Event and shall include such events as:

10.1.1 an act of God, fire, flood, drought, earthquake or other natural disaster;

10.1.2 war, riot, civil unrest, act of terrorism, strikes, industrial disputes;

10.1.3 subject to clause 10.2, outbreak of epidemic or pandemic of disease;

10.1. 4 failure of utility service or transportation,

Provided always that the inability of either party to pay any amount required under  this contract shall not be a Force Majeure Event.

10.2 Epidemic or pandemic: The parties acknowledge that the circumstances of the Covid-19 coronavirus pandemic (or future equivalent circumstances) may affect the nature and delivery of the educational provision of the College during the current Academic Year and thereafter. For the avoidance of doubt any reasonable modifications to the educational provision made by the College in order to meet legal obligations, comply with government guidance and to protect the health safety and well-being of staff or pupils (including but not limited to the requirement to move to online tuition / remote learning) shall not affect the obligation of the Parents to pay the Fees in accordance with this contract.

10.3 Notification: If either the College or the Parents is prevented from or delayed in carrying out its contractual obligations by a Force Majeure Event, that party (the Affected Party) shall as soon as reasonably practicable notify the other in writing and shall be excused from performing those obligations while the Force Majeure Event continues.

10.4 Continued force majeure: The Affected Party shall use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations. If a Force Majeure Event continues for a period greater than 90 days from the date of notification, the Affected Party shall notify the other of the steps to be taken to ensure performance of its contractual obligations.

10.5 Termination: If the Force Majeure Event continues for a total period greater than 120 days from the date of notification, the party in receipt of notification under clause 3 may terminate this contract by providing at least three working days’ notice in writing to the other party.  In the event that the contract is terminated in accordance with this clause, no additional sums will be payable by the Parents but all sums falling due prior to such termination will remain due and payable in accordance with these Terms and Conditions.

11.1 Data protection: The College has a privacy notice privacy notice which explain how the College will use the Parent’s and the Pupil’s personal data.  This privacy notice is provided with the letter of offer. The privacy notice is also published on the College’s website. The Parents must read these privacy notices in full before signing the acceptance form. The Parents must show the Pupil a copy of the privacy notice and discuss it with him / her before accepting the offer of a place.

11.2 Change: The College, as any other, is likely to undergo a number of changes during the period of this contract.  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 College rules and procedures, the disciplinary framework, and the length of College 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 contract may be freely assigned to another party at the discretion of the College.

11.3 Consumer rights: Care has been taken to use plain language and to give clear explanations in these Terms and Conditions. If any words alone or in combination infringe consumer rights laws 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. Nothing in these Terms and Conditions affects the Parents’ statutory rights.

11.4 Information for parents: We provide parents of prospective pupils with information about the College and the educational services we provide in good faith. This information may be contained in the College’s prospectus / website / promotional literature or in statements made by staff or pupils during a visit or an open day. If the Parents wish to take account of the information provided to them when deciding whether to enter into this contract they should seek specific confirmation from the Head or Principal that the information is accurate before returning a completed acceptance form to the College.

11.5 Third party rights: Only the College and the Parents are parties to this contract. Neither the Pupil nor any third party is a party to this contract and shall not have any rights to enforce any term of it.

11.6 Interpretation: These Terms and Conditions supersede any 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 these Terms and Conditions.

11.7 Jurisdiction: This contract was made at the College and it, together with each matter relating to the provision of educational services by the College, 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.

Earlscliffe Limited : A private limited company
Registered in England, Company Number: 04091830
Registered Office: 29 Shorncliffe Road, Folkestone, CT20 2NB
Head: Joss Williams