Terms and conditions

Terms and Conditions (revised July 2017): The Collegiate Charitable Foundation (no: 1012924) is a charity registered in England and Wales. In all terms hereafter:
(i) “School” shall include Queen Ethelburga’s College/Academy/Classic Company/School/Collegiate Ltd, Chapter House Preparatory School Ltd, King’s Magna School, Faculty of Queen Ethelburga’s Ltd, Thorpe Underwood Services Ltd, The Collegiate Charitable Foundation Ltd, The Collegiate Foundation Ltd, Queens Kindergarten, The Collegiate Formation Ltd and all other associated companies, organisations or partnerships together with the Collegiate Board, Trustees, Principal, Headteachers, staff and professional advisors thereof;
(ii) “Parent(s)” shall include natural, adoptive, step and foster parents, guardians together with any other person(s) be they individually or collectively responsible for the physical, emotional or financial wellbeing of the Pupil;
(iii) “Pupil” shall include all persons enrolled at the School such enrolment occurring upon receipt by the School Registrar of an Application for Registration & Enrolment signed by the Parent(s) - enrolment is subject to acceptance by the School of the Pupil’s previous educational history and confirmation that all previous financial obligations were met.
iv) “International Pupil” as (iii) above and the Pupil’s Parent(s) work or reside outside of the UK for in excess of 26 weeks a year or the Pupil is normally resident outside the UK or the Pupil or Parent(s) do not hold a British passport [excluding members of HM Forces, Foreign Office and Diplomatic staff]
These terms and conditions may by varied by the Collegiate Board at their sole discretion or by the Parent(s) upon written request to and receipt of written confirmation from the Collegiate Board.
The Parent(s) accept that commencement or continuation of a Pupil at the School or settlement of an account in whole or in part is deemed acceptance of these terms and conditions. Where a Pupil’s sibling (be they natural, half, step, adoptive, fostered, or the like) is enrolled at the School, the School reserves the right to apply any or all of these terms and conditions to one or all of the siblings as the School deems appropriate.
1) a) the School account must be settled in full by the Invoice Due Date; b) leaving accounts and all other monies owing must be settled in full no later than 7 days from the Invoice Date thereon.
2) Failure to settle the School account in full by the Invoice Due Date permits the School to: - a) charge interest upon the outstanding monies at the rate of 2.5% per month; b) Parents shall indemnify the Company against all costs and expenses (including any legal costs and expenses on a full indemnity basis)
incurred or sustained by the Company in recovering sums due in each case without prejudice to any other rights or remedies available to the Company. Cheques delivered at any time after the first day of term will be presented immediately and will not be considered as payment until cleared. Any sum tendered that is less than the sum due and owing may in any event be accepted by the School on account only. c) disallow the Pupil’s bursary/remission/award; d) disclose any or all information concerning the Pupil or the Parent(s) to a third party; e) not enter or withdraw the Pupil from any external examination;
f) execute a lien over all property belonging to the Parent(s) / Pupil or in the possession of the same whilst at the School; h) suspend the pupil from attend-ing / boarding at School.
3) International Pupil(s) must provide an additional enrolment deposit of up to one terms fees as set by the Collegiate Board. The School will repay this money on completion of the Pupil’s education at the conclusion of Year 13 (following deduction of any monies due and owing) subject to the Parent and the Pupil’s strict compliance with these terms and conditions.
4) The Pupil must follow an Educational Pathway or a course of study and enter examinations as directed by the Headteacher . In the event of dispute between the Pupil or the Parent(s) and the Headteacher or Principal, the Headteacher’s /Principal’s decision is final.
5) The Pupil must: a) work diligently and conform to the standards required by the School; b) attend and participate in School functions and extra curricular activities, courses or functions (which may occur at evenings or weekends); c) attend School during the standard published term dates. Term time holidays are at the sole discretion of the Headteacher / Principal and are rarely approved.
6) The Parent(s) consent to the Pupil’s participation in all School games, extra curricular sports and activities whether or not they occur upon School premises.
7) The School does not accept liability for:- a) any property, personal possessions, vehicles, cash, credit cards or the like owned or in the possession of the Pupil, the Parent(s) or any associated person; b) any accident, loss or dam-age (including sickness and disease) howsoever caused; c) consequential losses.
8) The School operates anti-drugs and smoking policies and reserves the right to test any Pupil at any time.
9) In sensitive matters pertaining to the disclosure of the Pupil’s emotional,
physical, psychological or moral welfare the School will, if appropriate, respect the Pupil’s right to confidentiality.
10) The School will take all reasonable steps to ensure the emotional and physical health, safety, moral welfare and reasonable educational progress of the Pupil but will not be held legally, financially or consequently liable for:- a) the Pupil’s unwillingness, failure or inability to study or achieve academic expectations or examination results whatsoever the cause; b) the Pupil’s incorrect, inappropriate or illegal actions/behaviour or interaction/behaviour with other Pupils, anyone or anything else whether occurring on the School premises or not; c) the School’s failure to react appropriately to the Pupil’s medical, educational, psychological or emotional needs unless the same has been previously disclosed in writing to the Headteacher / Principal by the Parent(s) and thereafter receipt by the Parent(s) of an agreed designated plan of action from the Headteacher / Principal.
11) The Parent(s) must provide to the Headteacher / Principal one full terms’ notice in writing and receive a written acknowledgement therefrom to:- a) discontinue charges for additional tuition or facilities (i.e. music, riding, activi-ties, transport etc); b) withdraw the Pupil from the Schools for whatever reason (including the non-return of the Pupil following suspension or exclusion and / or a Pupil not progressing from Chapter House to King’s Magna or from King’s Magna to Queen Ethelburga’s/Faculty of Queen Ethelburga’s, c) to change from boarding to day status. Failure to provide such notice entitles the Schools to make a charge of one terms’ fees and/or charges in lieu thereof.
12) The School reserves the right, at any time and without prior notice or reason (if appropriate), to:- a) suspend, exclude, expel or remove the Pupil; b) change the basis (be it financial or otherwise) on which the Pupil commences or continues education; c) vary or cease the provision of educational or boarding practices, d) cease providing education and/or welfare where the Pupil fails to conform or adhere to the expected standards including (but not limited to) behaviour, moral welfare, dress/appearance, education, health, School rules, codes of practice or conduct regardless of whether the failure occurs during term time or upon the School premises.
13) The School / Charity may, without notice or liability and at its own discretion, introduce, vary, cease or withdraw any bursary/remission/award or the like, courses, facilities or educational or boarding practices, staff or the like or for any reason to vary or cease providing educational or related services as it deems necessary.
14) (a) The School / Charity may withhold, disallow or cease any bursary/remission/award and/or receive full repayment of all bursary/remission/awards previously settled where:- (i) the Parent(s) and/or the Pupil act in breach of any of these terms and conditions; (ii) the Parent(s) and/or Pupil fail to adhere to any terms and conditions relating specifically to a bursary/remission/award, be they express or implied; (iii) the Pupil shall fail for any reason, including exclu-sion and expulsion, to complete his or her education until the conclusion of Year 13. Note this condition (14) expressly does NOT apply to HM Forces bursary/remission/award holders.
15) Parent(s) agree and accept a bursary/remission/award will not be granted where a Pupil’s IQ is below 90; if any such bursary/remission/award is granted in error all assistance received is repayable to the School immediately.
16) The School does not accept any liability for loss, injury, damage, illness, death or legal liability, directly or indirectly, caused by, happening through, in consequence of or contributed to by war, invasion, act of foreign enemy or hostilities (whether war is declared or not), civil war, rebellion, revolution or insurrection, military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority, riot, civil commotion, looting in connection with any of the above, strikes or lock outs, nuclear or radioactive escape, accident, explosion, waste or contamination, aircraft or other aerial devices, Influenza or any pandemic or derivation or variant thereof, arising from any fear or threat (whether actual or perceived) of such Influenza, any action taken in controlling, preventing, suppressing or in any way relating to any outbreak of Influenza.
17) On occasion of an occurrence expressed in clause 16 above and/or any Authority or Government advice/recommendation/instruction suspending or closing the School, the School will not reduce/refund/waive fees or additional charges, except at the discretion of the School and in exceptional circumstances.
18) The Parents(s) agree and accept they must comply with the School’s rules on quarantine of Pupil(s) and the disclosure of medical information.
19) The School does not accept any liability for be it financially, consequentially or otherwise for any acts or omissions of the Pupil nor will it reduce/refund/waive fees or additional charges where the Pupil does not attend, participate in or otherwise make use of the service provided due to sickness, accident, loss, damage, suspension, exclusion, expulsion, withdrawal (be it temporary or permanent) or study leave.
20) The Parent(s) / Pupil agree and accept the School will from time to time make use of CCTV, photographic, video images, sound or digital files or biometric data, of Pupils in; the running of the School, School publications, its website, marketing, advertising, films, video, DVD or electronic distribution system or the like. Please see the School’s Data Protection Policy (a copy of which is available through the Parent Portal. From the Homepage by clicking School Information>Documents & Files>Document Tree>Collegiate>Policies or otherwise on request).
21) The School will at all times comply with the Data Protection Act 1998 or any other relevant data protection legislation from time to time in force and effect . The Parents, on behalf of themselves and so far as they are able on be-half of the Pupil, expressly consent to the School (whilst the Pupil is a prospec-tive pupil, a pupil at School, and after the Pupil has left the School) processing personal information, including financial information relating to the Parents and/or fee payer, and sensitive personal information relating to the Parents and/or the Pupil, as the School may deem necessary, but always in line with the School’s Data Protection Policy (a copy of which is available through the Parent Portal. From the Homepage by clicking School Information>Documents & Files>Document Tree>Collegiate>Policies or otherwise on request) or as is per-mitted under any applicable law or regulation.
For the avoidance of doubt, you consent to the School supplying any infor-mation, personal data and other information (whether financial or otherwise), and a reference in respect of the Pupil, to any educational institution to which the Pupil applies or is enrolled, or to any examination board in respect of the entry of the Pupil to take part in national tests or public examinations.
Each joint signatory to a registration form to enrol a Pupil at the School acknowl-edges and agrees to such personal data detailed in the form being shared with the other signatories (whether via the School’s Parent Portal or otherwise).
22) a) The Parent(s) agree to provide the School with their full support and cooperation in all matters relating to the Pupil, particularly to ensure the Pupil’s adherence to these terms and conditions; b) If the Parent(s) or Pupil has cause for concern s/he should address them in writing for the attention of the Headteacher / Principal; c) If the Parent or the Pupil feels his/her concerns have not been adequately addressed s/he should address them in writing to the Collegiate Board and ensure the same is delivered by recorded post. If the Par-ent or the Pupil is not satisfied with the response of the Collegiate Board s/he may bring the matter to the attention of a specially convened meeting of the Collegiate Board.
23) The School reserves the rights and interest in any intellectual property rights (IPR) arising as a result of the actions of a Pupil in conjunction with any member of School staff and/or other Pupils for a purpose associated with the School. Any use of IPR by a Pupil is subject to the terms of a licence to be agreed prior to use by the Pupil or Parent(s).
24) The proper law of these terms and conditions shall be the law of England and the terms and conditions are subject to English Law and Practice and English Law of Jurisdiction.
25) A person who is not a party to this contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy or a third party which exists or is available apart from that Act.
26) Bona fide errors and omissions shall not prejudice the rights of either party to this contract but shall be rectified as soon as possible.

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Thorpe Underwood Hall, Ouseburn, York, YO26 9SS.
+ 44 (0)1423 333 330