Out of School Club Terms and Conditions

1.1 Structure of Out of School Club: Out of School Club will run as follows unless significant changes are made, in which case parents will be notified.
1.1.1 ASC – Children will be picked up from their respective schools at the end of the school day, (3:15/3:30pm), by members of Torwood House School staff, given a hi-visibility jacket and either transported by minibus, or walked safely back to Torwood House School.
1.1.2 Children will be signed in on arrival to Out of School Club,
1.1.3 Activities and tea will be provided during the Out of School Club session,
1.1.4 Tea will vary from hot or cold items throughout the week,
1.1.5 Pick up is promptly at 6pm (we advise parents to arrive at 5:50pm to allow our staff to hand over on time). Children will only be signed out on the presentation of their individual security card, until we get to know you. These will be provided following booking confirmation.
1.1.6 A late fee will be incurred if your child/children are not picked up by 6pm; please refer to section 2.11 for further information.
1.2 Place allocation: Places are allocated on a first come first serve basis and parents will be notified by email if they have or have not gained a place.
1.3 Registration: All registration forms must be completed in order to be considered for a place in Out of School Club. Parents must declare all dietary, SEN (special educational needs), behaviour and medical needs of the Pupil to the best of their ability in order for the School to provide the best possible care.
1.4 Brief of activities ASC: Activities such as crafts, multi-sports, cookery and ICT club will take place at different points throughout the term of Out of School Club.
1.5 Brief of activities HC: Activities such as crafts, multi-sports, cookery and ICT club will take place at different points throughout the week or weeks of Out of School Club.
2 Fees and Booking
2.1 Bookings ASC: All Out of School Club bookings remain for the entirety of the term and all bookings must be made by the given deadlines.
2.2 Bookings HC: All Out of School Club bookings, are non-transferable or refundable once you have submitted your booking and have received the e-mail that states ‘Your Bristol Holiday Club order has been received’. Extenuating circumstances will be taken under advisement, and will then be down to the discretion of the Out of School Manager of what action will be taken.
2.3 Payment of Fees ASC: The Parents jointly and severally agree to pay the Fees applicable to each Term directly to the School. Except where a separate agreement has been made between the Parents and the School for the deferment of payment of Fees, Fees for each Term are due and payable as cleared funds before the commencement of the School Term to which they relate. If an item on the fees invoice is under query, the balance of that fees invoice must be paid.
2.4 Payment of Fees HC: The Parents jointly and severally agree to pay the Fees applicable to each Holiday Club directly to the School. Except where a separate agreement has been made between the Parents and the School for the deferment of payment of Fees, Fees for each Holiday Club are due and payable as cleared funds before the attendance of the Holiday Club to which they relate. If an item on the fees invoice is under query, the balance of that fees invoice must be paid.
2.5 Payment of Fees Continued: All fees are to be paid through Bank Transfer to Torwood House School LTD (payment details will be provided on the invoice). Out of School Club members of staff will not be able to collect money. Please find a Manager.
2.6 Payment of Fees by a third party: An agreement with a third party to pay the Fees or any other sum due to the School 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 Bursar. The School reserves the right to refuse a payment from a third party.
2.7 Indemnity: If the School 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 School against all losses, expenses (including legal expenses) and interest suffered or incurred by the School.
2.8 Refund or waiver: Save where there is a legal liability under a court order or under the provisions of this agreement to make a refund will not be refunded or waived if:
2.8.1 ASC & HC – the Pupil is absent through illness; or
2.8.2 ASC – a Term is shortened or a vacation extended; or
2.8.3 ASC – the School is temporarily closed due to adverse weather conditions; or
2.8.4 ASC & HC – for any reason other than exceptionally and at the sole discretion of the Out of School Manager in a case of genuine hardship.
If a child does not attend a pre-booked session the full amount will still be charged. Any holidays/breaks taken from the Out of School Club are still subject to payment to keep the child’s place. If Parents decide to pick the child up before the end of the pre-booked session, the full session rate will still be charged as the full session could have been offered to another child.
2.9 Exclusion for non-payment: The School reserves the right to exclude a child on three days’ written notice if Fees are overdue for payment. If the Child 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 immediately by the Parents.
2.10 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 School, simple interest may be charged on a day-to-day basis on Fees which are unpaid. The rate of interest charged will be at up to 1.5% per term accruing on a daily basis which represents a genuine pre-estimate of the cost to the School of a default. The Parents shall also be liable to pay all costs, fees, disbursements and charges including legal fees and costs reasonably incurred by the School in the recovery of any unpaid Fees regardless of the value of the School’s claim.
2.11 Salary Sacrifice: Please be aware your salary sacrifice can also be applied to the Out of School Club.
2.12 Ad hoc sessions ASC: Additional ad hoc sessions for a child already attending the Out of School Club for a minimum of one day per week may be confirmed at a price of £18 per session depending on availability.
2.13 Ad hoc sessions HC: Additional ad hoc sessions for a child may be confirmed depending on availability. The Ad Hoc session will be charged at a rate depending on the session required and whether or not the booking has fallen inside the Early Booking Date.
2.14 Late collection: A fee of £5.00 will be charged for the first five minutes or part thereof after 6.00 pm. This fee increases by a further £5 for each subsequent 5 minute period. If you fail to pick up your child on time, three times in any one month, we will be forced to implement a period of exclusion.
2.15 Anti-money laundering [• and anti-bribery]: From time to time, the school may need to obtain satisfactory evidence such as sight of a passport of the identity of the person who is paying fees. [•The parties will comply with the Schools Policy on anti-bribery, a copy of which is available from the School on written request.]
3 Educational matters
3.1 Organisation of the activities: The right is reserved to the Out of School Club Manager and Principal to organise the activities in the most appropriate manner to meet the requirements of the whole Out of School Club community.
3.2 Out of School Club activities: A variety of activities will be provided for the Pupil. By signing the acceptance form or agreeing to be bound by these terms and conditions the Parents consent to the Pupil taking part in any activities. Activities which:
3.2.1 Require ad hoc payment;
3.2.2 involve some element of high risk or adventure activity;
will be subject to separate permission and added as ‘extras’ to the Parents invoice for the respective term.
4 Pastoral care
4.1 The Out of School Club’s commitment: We will do all that is reasonable to safeguard and promote the Children’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 settings community and the rights and freedoms of others.
4.2 Complaints: Any question, concern or complaint about the pastoral care or safety of a child or any other matter connected to the Out of School Club must be notified to the Out of School Club Manager as soon as practicable. A copy of the Out of School Club’s complaints procedure can be supplied on request. The Independent Schools Association (ISA) may also be contacted.
4.3 Pupil’s rights: The Child, if of sufficient maturity and understanding, has certain legal rights that the Out of School Club 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 a conflict of interest arises between the Parents and the child, the rights of, and duties owed to, the child will in most cases take precedence over the rights of, and duties owed to, the Parents.
4.4 Transport: The completion of the transport permission slip allows for their child/children to be collected or taken off-site by a member of Torwood House Out of School Club staff. The Out of School Club staff will not pick up any Pupils without permission, and parents will be notified.
4.5 Security: All children will be signed in and out of arrival and departure, as this is a legal requirement. Parents/guardians are allocated a security card for each Pupil. Please adhere to our security policy, remembering the child’s security card at all times.
4.6 School notification for ASC: It is the responsibility of the Parents to notify the Pupil’s school that a designated member of Torwood Out of School Club will be collecting the Pupil. Torwood Out of School Club will not be held responsible for a Pupil who cannot be handed over by their respective schools if Parents have failed to inform the schools in question.
4.7 Physical contact: The Parents consent to such physical contact with the Pupil:
4.7.1 as may accord with good practice; or
4.7.2 as may be appropriate and proper for teaching and instruction; or
4.7.3 for providing reasonable comfort to the Pupil in distress; or
4.7.4 to maintain safety and good order; or
4.7.5 in connection with the Pupil’s health and welfare.
The Parents also consent to the child participating in contact and non-contact sports and other activities as part of the Out of School Club programme. The Parents acknowledge that while the School will provide appropriate supervision, the risk of injury cannot be eliminated.
4.8 Disclosures: The Parents must, as soon as possible, disclose to the School in confidence:
4.8.1 any known medical condition, health problem or allergy affecting the child;
4.8.2 any history of a learning difficulty on the part of the child or any member of his / her immediate family;
4.8.3 any disability, special educational need or any behavioural, emotional difficulty and / or social difficulty on the part of the child;
4.8.4 any family circumstances or court order which might affect the child’s welfare or happiness;
4.8.5 any concerns about the child’s safety;
4.8.6 any change in the financial circumstances of the Parents in receipt of a bursary from the School.
4.9 Medical care: The Parents must comply with the Out of School Club Manager’s recommendations which may include a reasonable decision to release the child home when he / she is unwell.
4.10 Medical information: The Parents agree that the Out of School Club shall have the right to disclose medical information about the child if it is considered to be in best interest of the health and welfare of the child. Such information will be given and received on a confidential, “need to know” basis.
4.11 Emergency medical treatment: The Parents authorise the Out of School Club Manager to consent on their behalf to the child receiving emergency medical treatment if after reasonable endeavours the Out of School Club cannot contact either of them.
4.12 Communications from parents: Communications or instructions from one of the Parents or any person with Parental Responsibility shall be deemed by the Out of School Club to be received from both Parents. This requirement does not apply to the giving of notice for the cancellation of the place or the Withdrawal of the child from the care of the Out of School Club.
4.13 Photographs or images: On completion of the registration form the Out of School Club will honour the photograph, video and marketing preferences of each parent individually.
4.14 School’s liability: Unless negligent or guilty of some other wrongdoing causing injury, loss or damage, the Out of School Club does not accept responsibility for accidental injury or other loss caused to the Pupil or the Parents or for loss or damage to property.
5 Behaviour and discipline
5.1 Out of School Club behaviour and discipline: The Parents accept that the Out of School Club Manager is entitled to set policies for discipline and behaviour at the Out of School Club. The Parents accept the authority of the Out of School Club Manager and of other members of staff on the OOSCM’s behalf to take all reasonable disciplinary or preventative action necessary to safeguard and promote the welfare of the child and the Out of School Club community as a whole. The Out of School Club’s disciplinary policy which is current at the time and applies to all children when they are on premises, or in the care of the Out of School Club otherwise representing or associated with the Out of School Club.
6 Behavioural issues: Any behavioural issues will be sensitively dealt with by the Out of School Club staff. Exclusion or suspension will only be enforced following meetings between Principal, Out of School Club Manager and Parents.
6.1 Parents’ support: The Parents agree to support the Out of School Club in upholding its policies on discipline and behaviour.
6.2 Sanctions: The Out of School Club’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.
6.3 Required removal: The Parents may be required to remove the child permanently from the Out of School Club if, after consultation with the Parents, the Out of School Club considers that the child’s conduct, behaviour or progress warrants this sanction. The Out of School Club Manager may also require the removal of the child if the Parents have treated the Out of School Club or members of its staff or community unreasonably.
6.4 Fees after expulsion or required removal: The Out of School Club shall not waive or refund any Fees paid by the Parents following an expulsion or required removal.
6.5 Procedural fairness: The Out of School Club Manager shall act with procedural fairness and in accordance with the Out of School Club’s policy on expulsion and required removal in dealing with such cases. Investigation of a suspected breach of discipline or behaviour shall be carried out by the Out of School Club in a fair and unbiased manner.
6.6 Forbidden Substances: The Out of School Club forbids a child from any possession, use or supply of drugs and substances; bringing alcohol or tobacco onto the premises or being in unsupervised possession of alcohol/tobacco or obtaining or supplying alcohol/tobacco to another, or being impaired by alcohol/tobacco while on School premises or in the care of the School; bringing the School into disrepute for any reason associated with alcohol, tobacco or drugs and substances, whether or not the Pupil is in the care of the School at any time. Action will be taken when the welfare of any member of the School community or the reputation of the School is affected.
7 Notice and termination
7.1 A Half Term’s Written Notice: A Half Term’s Written Notice must be given if the Parents wish to:
7.1.1 cancel their place at Torwood After School Club after the child is Admitted; or
7.1.2 withdraw the child after Entry.
7.2 Fees in lieu of notice: Where the Parents have not given at least half a Term’s Written Notice of Withdrawal, the Parents shall become immediately liable to pay Fees in lieu of Notice as debt at the full Fees rate applicable for the term following Withdrawal. One Term’s Fees in lieu of Notice represents a genuine pre-estimate of the School’s loss in these circumstances, and sometimes the actual loss to the School will be much greater.
7.3 Cancelling a place: Following the Cancellation of the place the Parents shall be liable to pay as a debt to the School one Term’s Fees at the rate payable for the term of Entry, if less than half a Term’s Written Notice of cancellation has been given.
7.4 Termination by the School: The School may terminate this agreement on one Term’s notice in writing sent by ordinary post. The School will not terminate this agreement without good cause and full consultation with the Parents and also the Pupil (if of sufficient maturity and understanding).
8 Events beyond the control of the parties
8.1 Force majeure: An event beyond the reasonable control of the Out of School Club or the Parents is a Force Majeure Event and shall include such events as an act of God, fire, flood, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic of disease, failure of utility service or transportation.
8.2 Notification: If either the Out of School Club or the Parents is prevented from or delayed in carrying out its contractual obligations by a Force Majeure Event, that party shall immediately notify the other in writing and shall be excused from performing those obligations while the Force Majeure Event continues.
8.3 Continued force majeure: If a Force Majeure Event continues for a period greater than 90 days, the party who has provided notification under clause 8.2 above shall notify the other of the steps to be taken to ensure performance of its contractual obligations.
8.4 Termination: If the Force Majeure Event continues for a total period greater than 120 days, the party in receipt of notification under clause 8.2 may terminate this contract by providing at least three working days’ notice in writing to the other party.
9 General contractual matters
9.1 Debt Collection: The After School Club falls under the cover of Torwood House School’s Debt Collection Policy.
9.2 Changes to these terms and conditions: The School may change these terms and conditions from time to time. The Parents will be notified of any revised terms and condition before any changes take effect.
9.3 Changes to the Out of School Club: The Out of School Club, as any other, is likely to undergo a number of changes during the period of this agreement. Wherever possible, the Out of School Club will endeavour to consult with the Parents and to provide as much notice as possible of a change to the Out of School Club which it considers will have a significant impact on the Pupil’s education or welfare. In addition, the benefit and burden of this agreement may be freely assigned to another party at the discretion of the Out of School Club.
9.4 Consumer protection: 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 the Unfair Terms in Consumer Contracts Regulations 1999 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.
9.5 Data protection: By signing the acceptance form or by agreeing to be bound by these terms and conditions the Parents on behalf of themselves and, so far as they are able, on behalf of the child consent to the processing by the Out of School Club of personal information including:
9.5.1 financial information relating to the Parents;
9.5.2 sensitive personal information relating to the Parents and / or the Pupil;
9.5.3 as is deemed necessary for the legitimate purposes of the School.
9.6 Representations: The Out of School Club’s prospectus and website describe the broad principles on which the Out of School Club is operated and give an indication of its history and ethos. Although believed correct at the time of publication, the prospectus and website are not part of any agreement between the Parents and the Out of School Club. If the Parents wish to place specific reliance on a matter contained in the prospectus, website, or on a statement made by a member of staff or a pupil they should seek written confirmation of that matter from the Out of School Club Manager or Principal.
9.7 Third party rights: Only the School and the Parents are parties to this contract. Neither the child nor any third party is a party to this contract and shall not have any rights to enforce any term of it.
9.8 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 the terms and conditions.
9.9 Jurisdiction: This contract was made at the Out of School Club and 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.