Terms & Conditions

Devonshire House School

Terms and Conditions

The Acceptance Form, the Fees Leaflet, the School Rules (all defined
below) and these terms and conditions (as in each case may be varied
from time to time) form the terms of a contract (“the contract”) between
you and the School (also defined below). The terms of the contract
shall be enforceable only by you and/or the School; it is not intended
that the terms of the contract shall be enforceable by your child or by
any other third party.

1. Definitions

1.1 In these terms and conditions:

“Acceptance Form” means the form provided by the School for
parents to complete when accepting a place for their child at the
School;

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

“the Complaints Procedure” is the School’s procedure for
handling complaints from parents, as amended from time to time
for legal or other substantive reasons or in order to assist the
proper administration of the School. It does not form part of the
contract between you and the School. A copy of the procedure is
available at any time upon request;

“deposit” means the sum referred to as such in the Acceptance
Form (and that is separately set out in the Fees Leaflet);
“fees” means the fees set out in the Fees Leaflet as amended
from time to time;

“Fees Leaflet” means the published note of the School’s
prevailing fees notified to you from time to time and a copy of
which remains available at any time upon request;

“Head” means the person appointed by the School to be
responsible for the day-to-day management of the School,
including anyone to whom such duties have been duly delegated;

“Parent Handbook” means the handbook produced by the
School for parents which contains details of how the School
operates, the School Rules, the Complaints Procedure and
applicable policies;

“School” means Devonshire House School;

“School Rules” means the rules of the School, as those rules
may be amended from time to time. A copy of the School Rules
can be found in the Parent Handbook, and a copy of which
remains available at any time upon request;

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

“a term’s notice” means written notice given not later than the
first day of the term preceding the term to which the notice relates
(and, for the avoidance of doubt, such notice automatically expires
at the end 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 “us” means the legal entity carrying on as the School, or
its duly authorised representative, as the context requires; and

“you” or the “parents” means each person who has signed the
Acceptance Form as a parent of the child, or a person who with
the School’s express written consent replaces a person who has
signed the Acceptance Form (and “your” shall be construed
accordingly).

Use of the word “including” shall mean (and be construed) such
that the examples that are given are not intended to be exclusive
or limiting examples of the matter in question.

2. Acceptance and Payment of First Term’s Fees

2.1 An offer by the School of a place for your child at the School is
accepted by your submitting the duly completed Acceptance Form
and paying the deposit.

2.2 The first term’s fees for your child shall be paid in full on or before
the last day of the Spring term that precedes the September term
in which your child is due to start. For children entering at any
other date, the fees will be due in full in advance by the first day
of the term preceding entry.

2.3 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.
Appropriate notice must always be given.

2.4 If you wish to withdraw your acceptance of a place after
submitting the Acceptance Form and paying the deposit but
before your child starts at the School you must give a full
term’s written notice to that effect (i.e. by the first day of the
term immediately preceding the term in which your child is
due to start). If such notice is received by the School by that
time the deposit will be forfeited in accordance with Clause
2.3 above but no further fees will be payable. Subject to the
remainder of this Clause 2.4, if such notice is received on or
after that date (or if no notice is received at all), the first
term’s fees shall remain payable and shall become due and
owing to the School as a debt. The term’s fees shall be
charged at the rate applicable for the term when your child
was due to start and the School shall credit the deposit
(without interest) to such payment of the term’s fees (and
you hereby acknowledge and agree that the School shall be
entitled to retain the deposit on account of payment of the
term’s fees). Where applicable, such fees shall be reduced to
take account of any scholarship and/or bursary awarded to
you.

3. School Fees and other Costs

3.1 Save with regard to the first term’s fees (to which Clause 2.2
above applies), the fees for your child should be paid in full on or
before the last day of the preceding term.

3.2 All the costs incurred in the usual course of the education by the
School of your child, including the provision of any necessary
educational materials and as may otherwise be outlined in the
Fees Leaflet, shall be met by the fees unless otherwise notified by
the School. For the avoidance of doubt and by way of example,
any books provided by the School to your child which are lost or
damaged may be charged for in addition to the fees.

3.3 Any extra-curricular activities such as private music lessons, trips
and visits in which you agree in advance your child may
participate shall be deemed to be supplemental to items met by
the fees and charged for accordingly. In addition (and by way of
further example), any additional/special teaching or other
provision arranged by the School in order to provide for the
special educational or other needs of your child may also be
charged as supplemental to items met by the fees.

3.4 (a) Each person who has signed the Acceptance Form is
liable for the whole of the fees due and any and all
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 expressly agreed in writing with the persons
who have signed the Acceptance Form to look exclusively
to any other person for payment of the fees and/or any
supplemental charges or any part of them.

(b) A person who has signed the Acceptance Form may
withdraw from this contract with the School by submitting a
term’s notice provided they have obtained the prior written
consent of both the School and the other person who has
signed the Acceptance Form.

(c) If your child has been awarded a scholarship and/or
bursary, your liability will be for the amount of fees due after
taking account of that award. An award may be withdrawn
if, in the opinion of the Head, your child?s attendance,
progress or behaviour no longer merits the continuation of
the award but any such withdrawal of an award will not
operate so as to increase the fees due in respect of a term
which has already commenced. Where it appears likely to
the Head that, for academic reasons, an award may be
withdrawn from your child, you shall be notified in advance.
If, within fourteen (14) days following the withdrawal of a
scholarship or bursary, your child is withdrawn from the
School, no fees in lieu of notice will be payable.

3.5 Each term’s fees accrue separately and the fees payable in
respect of each term are payable in advance and fall due on the
last day of the preceding term. Each term’s fees will be included
in an invoice sent to those persons who signed the Acceptance
Form (or such other person(s) the School may have agreed
separately shall pay the fees under Clause 3.4(a) above). Subject
to Clause 2.2, each invoice must be paid in full by cheque, direct
bank transfer or direct debit, as requested by the School from time
to time, by the last day of the term preceding the term to which the
fees relate, with supplemental charges being invoiced at the same
time (if known prior to the invoice being sent) or as soon
afterwards as is reasonably practicable.

3.6 We reserve the right to refuse to allow your child to attend the
School or to withhold any references while fees and/or
supplemental charges remain unpaid or there is a persistent
default in relation to the payment of fees and/or supplemental
charges. We may make an interest charge of four per cent (4%)
above the base rate for the time being of the School’s bank on
any late payments. Unless otherwise notified to you in writing,
this interest shall accrue on a daily basis from the due date until
the date of actual payment of the overdue amount, whether before
or after judgment. You must pay the School the interest together
with the overdue amount. You consent to our informing any other
school or educational establishment to which you propose to send
your child of any outstanding fees or supplemental charges.

3.7 The fees will be reviewed from time to time and may be increased
by such amount as the School considers appropriate. We shall
give you as much notice as we are reasonably able of any
increase in fees due for a particular term – we generally aim to
give no less than three (3) months’ notice, but in appropriate
circumstances it may be less.

3.8 Fees and any prepaid supplemental charges will not normally be
reduced as a result of absence due to illness or otherwise, or
where (by way of further example) your child does not participate
in activities (on or off-site), lunches or other provision organised
by the School.

3.9 Unless we expressly agree otherwise in writing with you, if we
reasonably and properly incur any costs (including reasonable
legal costs, and in any event being such costs that would be
allowable by the courts if judgment was made in the School’s
favour) in recovering or attempting to recover fees or any
supplemental charges from you (or either of you) that have not
been paid in accordance with the terms of this contract, then you
shall be responsible for paying such costs in addition to the fees
and/or supplemental charges (as the case may be) and any
interest applied to such amount(s).

4. Notice

4.1 If you wish to withdraw your child from the School (other
than at your child?s normal leaving date, at the ?top? of the
School ), you shall either give a term’s notice to that effect or
shall pay to the School a term’s fees in lieu of notice, at such
rate as would have been charged for the final term of
provision if a term’s notice had been given.

4.2 In cases under Clause 4.1 above, where a term’s notice is not
given, the appropriate sum in lieu of notice will become due and
owing to the School as a debt on the last day of the term before
the term which would have been the final term of provision, if a
term’s notice had been given.

4.3 If you wish to withdraw your child from an activity charged
for as supplemental, you shall either give a term’s notice to
that effect or shall pay to the School as a debt a term’s
charges for the activity in which your child has ceased to
participate.

4.4 The School’s affairs are organised on a termly (or longer) basis
and it is not possible for you to reduce the amount of fees or
supplemental charges due or to obtain a refund of fees or
supplemental charges by withdrawing your child or by your child’s
ceasing to participate in an activity part-way through a term.

5. The School’s Obligations

5.1 Subject to these terms and conditions, the School undertakes to
accept your child as a pupil of the School until the end of your
child’s schooling (however this is determined).

5.2 While your child remains a pupil of the School, we undertake to
exercise reasonable skill and care in respect of your child’s
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.

5.3 In order to fulfil our obligations, we need your co-operation,
including in particular by:

(a) fulfilling your own obligations under these terms and
conditions;

(b) encouraging your child in your child’s studies, and giving
appropriate support at home;

(c) keeping the School up-to-date and informed of matters
which affect (or may affect) your child (including
circumstances which arise at any time that affect (or may
affect) your ability to pay the fees and supplemental
charges) and ensure that all details or other information
notified or otherwise disclosed to the School about you
and/or your child are accurate, truthful and not misleading
and that relevant details and information (or changes to it)
are not withheld;

(d) maintaining a courteous and constructive relationship with
School staff (including where the School is exercising its
rights and performing its obligations under this contract);

(e) providing cooperation and assistance to the School so that
your child can participate and benefit from the School’s
provision of education (including where the School may
wish/need to provide such education remotely); and

(f) attending meetings and otherwise keeping in touch with the
School where your child’s interests so require.

5.4 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.

5.5 If your child requires urgent medical attention while under the
School’s care, we will if practicable attempt to obtain your prior
consent. However, should we be unable to contact you we shall
be authorised to make the decision on your behalf should consent
be required for urgent treatment recommended by a doctor
(including anaesthetic or operation, or blood transfusion (unless
you have previously notified us in writing that you object to blood
transfusions being given in any circumstances).

5.6 The School prospectus describes the broad principles on which
the School is presently run and is believed to be correct at the
time of printing. However, from time to time it may be necessary
to make changes to any aspects of the School, including the
curriculum or the manner of providing education for your child
(including, by way of example, by providing education remotely if
reasonably possible whilst your child remains at home for reasons
(including, by way of further example, where the School is
required to close the School premises due to an event beyond
the School’s control) and allowing your child to submit work
assignments electronically), and we reserve the right to do so.
For this reason, please notify the School if there is anything of
particular concern to you contained in the prospectus, as it may
be that recent changes are not reflected in the current version.
We will give parents notice of any substantial changes at the
School including changes in the curriculum that we regard as
significant to your child. Where practicable (but without obligation)
such notice will be given prior to the end of the penultimate term
before the change is to take effect.

5.7 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 (conducted at your own cost and expense) can be
arranged either by you or, at your written request, by the School.
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.

6. The Parents’ Obligations

6.1 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 (and provide,
whether upon further request by the School or otherwise, any
reports or other materials relevant to the same) of any health or
medical condition, special educational need(s), disability or allergy
that your child has or subsequently develops, whether long-term
or short-term, including any infections. If the School so requires
due to a health risk either presented by your child to others or
presented to your child by others or by reason of a virus,
pandemic, epidemic or other health risk, you undertake to keep
your child at home and not permit your child to return to the
School until such time as the health risk has been averted. Where
it is appropriate in such circumstances we shall endeavour where
reasonably possible to continue providing education to your child
remotely during such period (including, for example, by sending
you/your child work assignments electronically or by post).

6.2 You undertake to inform the School of any situations where
special arrangements may be needed in relation to your child
(including, by way of examples and without limitation, any special
educational needs of your child or any Local Authority Order or
other order that relates to your child). You also undertake to
inform the School if, at any time prior to or during your child’s time
at the School, a court order is put in place or an undertaking is
given to a court in respect of (or that somehow relates to) your
child’s attendance at the School (including its premises) and/or
the School’s provision of education to your child, including any
which may deal with or impact upon in any way: (i) your child’s
living and/or contact arrangements; (ii) your child’s education,
welfare and/or upbringing; and/or (iii) the payment of fees and/or
supplemental charges. In any such circumstances you shall
(whether upon request or otherwise) promptly provide the School
with copies of the relevant court order(s) or undertaking(s) (or the
relevant parts thereof).

It is also a condition of your child’s joining the School that, where
required (such requirement being made known to you by the
School either prior to your child joining the School or
subsequently), you complete and submit to the School a parental
absence form in respect of your child which, amongst other things,
will nominate a ‘responsible adult’ for your child who will be
delegated the authority by you to make decisions relating to your
child if the School is not able to contact you.

6.3 You (and each of you as the holders of parental responsibility for
your child) acknowledge and agree that, prior to and during your
child’s time at the School, the School is entitled to assume that
you have consulted with each other so far as decisions regarding
your child are concerned. Accordingly, subject only to Clause 6.4
below, you (and each of you) accept that the School is entitled to
treat

(a) any instruction, authority, request or prohibition received
from one of you as having been given on behalf of both of
you; and

(b) any communication from the School to one of you as
having been given to both or all of you.

6.4 A notice of withdrawal of your child served under this
contract (ie, under any of Clauses 2.4, 3.4(c) or 4.1 should be
in writing and signed by each of you as the holders of
parental responsibility for your child (and the School shall
be entitled not to accept such notice unless and until all
holders of parental responsibility for the child have signed
such notice).

6.5 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 the School. If at
any time during your child’s time at the School you (or either of
you as the holders of parental responsibility for your child) will not
be in the United Kingdom at any time or you (or either of you) will
otherwise be absent for a period of longer than three (3)
consecutive school days then you must inform the School in
writing and provide the details reasonably required by the School
as a result, including the name and contact details for a
‘responsible adult’ for the period of your absence.

6.6 We cannot accept any responsibility for the welfare of your child
while off the School premises unless your child is taking part in a
School activity or otherwise under the supervision of a member of
the School staff on a School activity.

6.7 We cannot accept any responsibility for the welfare of your child
if your child is on School premises outside normal School hours
and without the School?s permission.

6.8 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. Formal complaints should be made in accordance
with the Complaints Procedure.

7. School Rules

7.1 It is a condition of remaining at the School that your child complies
with the School Rules and other policies of the School (whether
such policies are included in the Parent Handbook or otherwise),
and in each case as amended from time to time. In addition you
undertake to ensure that your child attends School punctually and
that you and your child (as applicable) conform to such rules of
appearance, dress, behaviour and/or other matters considered
as being of educational importance as may be issued by the
School from time to time (whether by way of updates to the School
Rules, the Parent Handbook, existing policies or otherwise).

7.2 The School reserves the right, subject to applicable data
protection legislation, to monitor your child’s email communication
and internet use for the purpose of ensuring compliance with the
School Rules.

8. Disciplinary Policies and Procedures

8.1 The Head may at his or her discretion require you to remove or
may suspend or, in serious or persistent cases, expel your child
from the School if he or she reasonably considers that your child’s
attendance, progress or behaviour (including behaviour outside
school) is unsatisfactory and the removal is appropriate and in
the School?s best interests or those of your child or other children.

8.2 The Head may at his or her discretion require you to remove or
may suspend or, in serious or persistent cases, expel your child
if the Head reasonably considers that the behaviour of you or
either of you is, in the opinion of the Head: unreasonable and/or
adversely affects or is likely to adversely affect your child?s or
other children’s progress at the School or the well-being (including
health and morale) of School staff; and/or brings (or is likely to
bring) the School into disrepute; and/or is not in accordance with
your obligations under this contract.

8.3 Should the Head exercise his or her rights under either Clause
8.1 or 8.2 above you will not be entitled to any refund or remission
of fees or supplemental charges due (whether paid or payable)
and the deposit will be forfeited. However, in such circumstances
fees in lieu of notice will not be payable and any prepaid fees will
be refunded.

8.4 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 justified where
there has been previous misbehaviour. All aspects of the pupil’s
record at the School may be taken into account.

8.5 You acknowledge that any review of serious disciplinary matters
or decisions taken by the School and/or the Head under this
Clause 8 shall be governed by the Complaints Procedure.

9. Insurance

9.1 You must make your own insurance arrangements if you require
cover for your child’s person or property while at School or for the
payment of fees due to absence of your child or closure of the
School premises.

9.2 Upon request, the School can arrange School Fees Remission
and Personal Accident Insurance for your child with a reputable
insurance company (such arrangement being externally sourced),
to be charged as an additional cost to the fees. If such insurance
is arranged, the School shall not be liable for any payments due
under these policies.

10. Confidentiality and References

10.1 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 your child’s ability, aptitude for certain
courses and character is fair. However, we cannot be liable for
any loss you are or your child is alleged to have suffered resulting
from opinions reasonably given in or correct statements of fact
contained in any reference or report given by us.

10.2 You consent to us making use of information (including
photographs and video recordings) relating to your child and
(where appropriate) relating to you, both whilst your child is at the
School and after your child has left the School, for the purposes
of: (i) promoting the School to prospective pupils; (ii) managing
relationships between the School and current pupils, providing
references and communicating with the body of former pupils; (iii)
publicising the School’s activities; and (iv) communicating with the
School community and the body of former pupils. In respect of (i),
(iii) and (iv) this includes use of such information by the School
in/on the School’s prospectus (in whatever format or medium) and
the School’s website.

10.3 You undertake to: (i) confirm (or update, if necessary), when
requested, such information (and/or documentary materials)
about (or relating to) you and/or your child that is held by the
School; and (ii) in any event, inform the School of any change to
you or your child’s circumstances (including, where applicable, in
connection with your child’s entitlement to enter, reside and/or
study in the United Kingdom), or to information about (or relating
to) you or your child that has previously been notified to the
School, including relevant contact details.

10.4 You acknowledge and agree that those persons who have
parental responsibility for your child are entitled to receive relevant
information about the child from the School (including school
reports, correspondence and other materials relating to his or her
progress, development and/or education generally). The School
shall therefore disclose such information as a matter of routine to
such persons unless the School is restricted from doing so by a
court order (or similar direction) or by any other legal requirement
or obligation (for example, under the Data Protection Act 1998).
10.5 The School will process personal data about you and your child
in accordance with the Data Protection Act 1998. You consent to
us processing such personal data (i) as set out in this Clause 10;
(ii) in order to comply with any court order or legal, regulatory or
good practice requirement; and (iii) to perform our obligations
under this contract, and where otherwise reasonably necessary
for the School’s purposes.

11. Force Majeure (ie, circumstances beyond our control)

11.1 In this contract “force majeure” shall mean any cause beyond a
party’s reasonable control (including, for the avoidance of doubt,
acts of God, war, riot, civil commotion, compliance with any law or
governmental order, rule, regulation or direction (including that of
a local authority), accident, fire, flood, storm, pandemic or
epidemic of any disease, terrorist attack, chemical or biological
contamination, infestation or any other similar circumstance or
perceived threat of the same).

11.2 In the event of a force majeure arising which prevents or delays
the School’s performance of any of its obligations under this
contract, the School shall forthwith give you notice in writing
(which, for the avoidance of doubt and if deemed appropriate,
may include by electronic means, including email) specifying the
nature and extent of the relevant circumstances. Provided that
the School has acted reasonably and prudently to prevent and/or
minimise the effect of the force majeure, the School will have no
liability in respect of the non-performance of such of its obligations
as are prevented or delayed during the continuance of the force
majeure (and in such circumstances, for the avoidance of any
doubt, the School shall not be obliged to refund any amount of
the fees and/or supplemental charges). To the extent reasonably
practicable in the circumstances the School shall endeavour
during the continuance of the force majeure to provide
educational services (including, if reasonably possible, by
providing appropriate educational services remotely or by remote
direction of home learning).

11.3 Subject to Clause 11.2, if the School is prevented from
performance of all of its obligations as a result of force majeure for
a continuous period greater than six (6) months, the School shall
notify you of the steps it plans to take to ensure performance of
the contract and you shall then, following receipt of such notice,
be entitled to cancel the contract on written notice and without
giving a term’s notice or paying fees in lieu.

11.4 Subject to Clause 3.8, in the event that your child is unable to
attend (or is likely not to be able to attend) the School due to
reasons of your child’s severe ill-health or physical impairment
caused by a force majeure you shall give the School notice in
writing of such circumstances and the following provisions shall
apply:

11.4.1 you shall, in consultation and cooperation with the
School, use all reasonable endeavours to:

(a) mitigate the effect of the force majeure in order to
continue to perform the obligations under this
contract in any way that is reasonably practicable in
the circumstances (such that your child can still
participate and benefit from the provision of
education by the School, including for example by
participating remotely); and

(b) resume the performance of the obligations as soon
as reasonably possible;

11.4.2 in circumstances where, following the efforts made and
steps taken under sub-clause 11.4.1(a), 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 (including the
obligation to pay fees, pro-rated accordingly) during the
continuance of the force majeure; and

11.4.3 in the event of the force majeure continuing to prevent
your child from attending the School or being able to
participate and benefit from any level of provision of
education by the School for more than six (6) months you
shall discuss with the School a solution by which this
contract may be performed and, following such
discussions, you shall be entitled to cancel the contract
on written notice and without giving a term’s notice or
paying a term’s fees in lieu.

12. Cancellation

12.1 The School shall be entitled to cancel this contract forthwith by
notice in writing without prejudice to its other remedies and without
any obligation to return any deposit or fees paid to you if you are
in material breach of any of your obligations under this or any
similar contract with the School and have not (in the case of a
breach which is capable of remedy) remedied the same within
fourteen (14) days of a notice from the School requiring it to be
remedied (including for the avoidance of doubt persistent late or
non-payment of fees and/or supplemental charges).
For the purposes of illustration only (and without limitation), the
following circumstances would typify what the School is likely to
regard as a material breach entitling it to terminate this contract:
(i) failure to pay any fees or supplemental charges on time on
more than one occasion; (ii) you (as opposed to your child) acting
in such a way as to give the Head cause to expel your child under
Clause 8.2 above; (iii) any other circumstance where your child is
expelled from the School in accordance with the terms of this
contract (including pursuant to the School Rules); (iv) a serious
misrepresentation of facts or circumstances or withholding of
information about you and/or your child or that is relevant to the
provision of education by the School to your child (such as
misrepresenting at any point in time (and whether by act, omission
or withholding of information on your part) that you and/or your
child is legally entitled to enter, reside and/or study in the United
Kingdom when in fact you/they are not); (v) failure or refusal to
complete and submit to the School a medical questionnaire or
parental absence form in respect of your child; (vi) any
aggressive, violent, offensive or unlawful behaviour, or any
threatening, persistent, extreme or unpleasant behaviour towards
pupils, staff or other individuals at the School or associated with
the School; and (vii) failure to attend meetings with the School
about or relating to your child when such meetings are reasonably
required by the School (including by the Head). For the
avoidance of doubt, if this contract is cancelled by or on behalf of
the School in any of these circumstances fees (including the
deposit) and/or supplemental charges for the term in which the
cancellation occurs will not be refunded.

12.2 The School may at any time cancel this contract forthwith by
notice in writing (without prejudice to its other remedies) if you (or
either of you) are unable, following our reasonable request, to
demonstrate that you will be able to pay the fees and
supplemental charges as they fall due under this contract; are
otherwise unable to pay your debts as they fall due; are the
subject of a bankruptcy petition or order; or enter into an individual
voluntary arrangement to pay your debts or are declared bankrupt
or you otherwise enter into general negotiations with your
creditors.

12.3 For the avoidance of doubt (and without prejudice to any of the
School’s or your accrued rights), this contract shall end at the end
of your child’s schooling.

13. Communications

13.1 All notices required to be given under these terms and conditions
must be given in writing.

13.2 Communications (including notices) will be sent by the School to
you at the address shown in our records, or using your other
contact details included in our records (including email). You
undertake to notify the School of any changes of address(es) or
other contact details.

13.3 Notices that you are required to give under these terms and
conditions must be in writing addressed to the Head and either:
(i) delivered by hand to the School and receipt acknowledged by
a signed note; (ii) sent to the School by recorded or other form of
registered post requiring a signature upon receipt as proof of
delivery; or (iii) otherwise sent to the School’s address by first or
second class post. In light of the importance under this
contract of serving certain notices on or before a particular
deadline (and the consequences that follow if you do not do
so) we recommend that notices you may wish to serve under
any of Clauses 2.4, 4.1 or 4.3 of these terms and conditions
are sent to the School by recorded or other form of registered
post requiring a signature upon receipt as proof of delivery.

14. Standard General Clauses

14.1 Intellectual Property Rights

We shall recognise any intellectual property rights vested in your
child.

14.2 Changes to the School

For the purposes of constitutional changes to the School or
amalgamation we reserve the right to transfer the undertaking of
the School to any other natural or legal person, and to assign the
benefit (and transfer the burden) of this contract in connection
with any such transfer, and/or to amalgamate the School with any
other educational institution.

14.3 Interpretation

Headings in these terms and conditions are for ease of
understanding only and do not form part of these terms and
conditions.

14.4 Variations

We reserve the right to change or add to these terms and
conditions from time to time for legal, safety or other reasons the
School may consider appropriate, or in order to assist the proper
delivery of education at the School.
Without prejudice to the foregoing, the School will send you notice
of any substantial modifications to these terms and conditions
and, where practicable (but without obligation), the School will
send such notice no less than three (3) months before the
modifications are to take effect. If we give you less than three (3)
months’ notice of any substantial modifications to the terms and
conditions, and you wish to withdraw your child from the School
with effect from the start of the following term as a result of such
modifications, you may do so without giving a term?s notice or
without paying fees in lieu provided that you give written notice
of the withdrawal within twenty-one (21) days from the date when
notice of the modifications is given.

14.5 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.