Childcare terms and conditions
PART B – TERMS AND CONDITIONS
- Definitions
1.1 The definitions below apply in these terms and conditions.
“Child” the child or children who are named in Part A;
“You” the person, firm or company who purchases Services from us;
“Services” the services of a daycare nursery during the full days or half days indicated in Part A (including
bank, public holidays and staff inset training days) together with any other services which we
provide, or agree to provide, to you;
“Us” the nursery named in Part A – Fountain Montessori Preschool Ltd.
1.2 A reference to writing or written includes email.
1.3 Any requirement in this contract for either party not to do something includes an obligation on that party not
to allow that thing to be done. - Formation of the contract
2.1 A contract for the services will be formed between you and us once you have given us a signed, fully
completed, registration form, a refundable deposit of £500 and a non-refundable registration fee of £100,
and we have confirmed to you in writing that your application for a place has been successful.
2.2 The registration form includes your permission for Fountain Montessori to share your child’s data through
the Ey Log system (see https://eylog.co.uk/faq/ for further information). I have read the information about
the Ey Log system and understand that by signing this consent form I will receive an email message and will
be able to log in and see observations of my child. These observations may include photographs, video clips
or audio recordings.
I hereby give consent for my child to be photographed/videoed for recordkeeping purposes and for the use
of Early Years Professionals Fountain Montessori Preschool.
I understand that there may be group photographs/videos that incorporate images of my child and other
children and teachers.
I agree that these photographs/videos may be used in other children’s learning journeys.
To protect and respect privacy, I agree not to use/upload/share the photographs, videos and audio
recordings involving other children on public websites such as social media websites and may not utilise
information from my child’s learning journey for purposes other than understanding the development of my
child.
The Fountain Montessori policy on photographs/videos covers this in more detail which I can access in the
Policies Folder located at our reception area.
I agree that my child’s observations, learning journey, reports and other documents created through eyLog
can be stored on eyLog’s systems. I agree to log in using only the personal login provided to me.
2.3 These terms and conditions govern the contract between you and us for the services. No other terms apply
unless they are in:
2.3.1 A handbook issued to you by us,
2.3.2 A policy issued to you by us,
2.3.3 A letter that is signed by both you and us
2.4 In the case of any uncertainty as to which terms apply, these terms and conditions will apply. - Duration of the contract
3.1 The contract shall last until it is terminated by either you or us giving to the other, in writing, at least two full
calendar months’ notice. However, the contract can, in some circumstances be terminated immediately
under clause 18.
3.2 You are liable for the fee during the notice period. If you fail to give proper notice, you may lose your deposit. - Suspension of the services
The services may be suspended (meaning the child is temporarily not able to attend the nursery) in the circumstances
set out in our Critical incident policy or in the circumstances set out in clause 19. - Our obligations
5.1 We will use all reasonable efforts to provide the services to you, in accordance with all material respects with
these terms and conditions and any other documents referred to in 2.2 above.
5.2 We welcome staff and children from many different backgrounds and ethnic groups. Human rights and
freedoms are respected and we will do all that is reasonable to ensure that our culture, policies and
procedures are made accessible to children who have disabilities and to comply with their social and moral
obligations under the Special Educational Needs and Disability Act 2001 or Equality Act 2010 in order to
accommodate the needs of children, applicants and members of staff who have disabilities for which, after
reasonable adjustments, we can cater adequately
5.3 If we determine, in our sole discretion after appropriate and reasonable analysisthat reasonable adjustments
cannot be made for a child and as such we cannot continue to adequately provide for that child (or admit
them as the case may be) then we shall be permitted to request that you withdraw the child without being
charged fees in lieu of notice. - Your obligations
6.1 You shall:
6.1.1 Co-operate with us;
6.1.2 Provide to us such information as we may reasonably require about
6.1.2.1 The child including
6.1.2.1.1 Any known medical condition, health problem, allergy, or diagnosed dietary requirement.
6.1.2.1.2 Any prescribed medication;
6.1.2.1.3 Any lack of any vaccination which the child would ordinarily have by their age;
6.1.2.1.4 Any family circumstances or court orders affecting the child;
6.1.2.1.5 Any concerns about the child’s safety; and
6.1.2.2 Your contact details, and those of your authorised persons who may collect the child.
6.2 You must (a) ensure that these details are accurate and (b) keep these details up to date, by promptly
informing us in writing whenever they change.
6.2.1 As regards arrivals and departure of a child, please refer to the nursery’s arrivals and departures policy.
Please ask for a copy of it if necessary.
6.3 If our performance of our obligations under the contract is prevented or delayed by anything you do (or fail
to do), we shall not be liable.
6.4 You shall not employ (or attempt to employ) any member of our staff without our consent, until six months
from the end of this contract. - Charges and payment
7.1 You shall pay the charges as set out in Part A or in accordance with clause 19.
7.2 Where the child is unable to attend but our service remains available full charges will be due.
7.3 Bank holidays and three 3 annualstaff training days when the nursery is closed are included as part of the fees.
7.4 VAT is not charged on nursery fees (nursery provision is an exempt supply for VAT purposes).
7.5 The quoted charges are per child, per core day (meaning 10 hours,) and include Breakfast, snacks, lunch and
tea, plus extracurricular activities such as dance and, language classes.
7.6 Extra hours (or parts of an hour) will be charged for (at the ruling rate) and must be booked and paid for at
least 24 hours in advance.
7.7 The charges must be paid monthly in advance, by the 1st day of the month.
7.8 All payments must normally be made by direct debit or childcare vouchers. We may agree to payment by cash,
but it is your responsibility to obtain a receipt from the nursery manager as proof of payment. No payment
shall be deemed to have been made until it is cleared into our bank account.
7.9 We may increase our charges once per year. We will give you written notice of any such increase at least one
month before the proposed date of increase.
7.10 Without restricting any other legal right that we may have, if you fail to pay us on time, we may:
7.10.1 Make an interest charge of up to 1.5% per cent per month or part month on late payment. Unless
otherwise notified to you in writing, 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 us the
interest together with the overdue amount. In addition, we will be entitled to recover from you the full
amount of our administrative and other costs incurred in recovering any unpaid sum including legal costs
and disbursements on an indemnity basis; and
7.10.2 Suspend all services until payment has been made in full, which will include the suspension of the child’s
place, or even terminate the contract permanently.
7.11 If you owe us any money, and make a claim against us, we may offset what you owe us against what you are
claiming from us. - Reducing sessions
You are required to give us one month’s written notice of a reduction in the number of sessions you require. - Government funded nursery education
9.1 If you wish to take up your funded nursery education place, you are required to complete and sign a
Parent/carer declaration on a termly basis, detailing how and when you will take up the funded sessions.
9.2 Our charges will not be made in respect of the funded sessions as detailed in the Parent/carer declaration,
but we are entitled to make a reasonable charge for meals or additional activities provided during any funded
session. - Welfare of the child
10.1 We will do all that is reasonable to safeguard and promote the child’s welfare and to provide care to at least the
standard required by law and often to a much higher standard.
10.2 We will respect the child’s human rights and freedoms which must, however, be balanced with the lawful needs
and rules of our nursery and rights and freedoms of others.
10.3 Your consent to such physical contact as may be lawful accord with good practice, and be appropriate and proper
for teaching and instruction and for providing comfort to a child in distress, or to maintain safety and good order,
or in connection with the child’s health and welfare.
10.4 Nappies are provided by the nursery.
10.5 Parents/carers should provide sealed formula milk for bottle feeding babies.
10.6 Regarding behaviour support techniques and sanctions, please refer to the nursery’s Promoting positive
behaviour policy. Please ask for a copy of it if necessary.
10.7 The nursery uses emergency procedures for accidents, evacuations, incidents and allergic reactions, please refer
to the individual policies and procedures and ask for a copy where required. - Health and medical matters
11.1 If the child becomes ill during the nursery session the nursery manager will contact you or the emergency contact
indicated on the registration form. You must inform us immediately of any changes to these contact details. If
your child requires urgent medical attention while under our care, we will, if practicable, attempt to contact you
and 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 you object to
blood transfusions)).
11.2 If the child is suffering from a communicable illness, he/she should not be brought to the nursery until such time
as the infection has cleared. A full copy of our infection control policy is available from the nursery manager.
Please refer to the illnesses and communicable diseases list supplied in your information on minimum periods
of exclusion from the nursery.
11.3 You must notify the nursery manager if the child is absent from the nursery through sickness.
11.4 If the child has been sent home from the nursery because of ill health, he/she will not be re-admitted for at least
24 hours. If the child is prescribed antibiotics, he/she will not be allowed to return to the nursery for 48 hours.
If the illness is a communicable illness then clause 11.2 shall also apply and the child will be unable to attend the
nursery until such time as the infection has cleared.
11.5 As regards medication, and the administration of it to a child, please refer to the nursery’s Medication policy.
Please ask for a copy of it if necessary.
11.6 Please also see clause 6.1.2 on matters we need to be informed about. - Food and dietary requirements
12.1 We will work with you to provide suitable food for your child, if they have a special dietary requirement or any
allergies as diagnosed by a doctor or dietician. All reasonable care will be taken to ensure that your child does
not come into contact with certain foods with support from parents and external professionals should the need
arise.
12.2 Menus will be displayed for inspection, and parents and children will be involved in the review of these. - Reporting of neglect or abuse
We have an obligation to report to the relevant authorities any suspicions we have that your child has suffered neglect
or abuse, and where necessary we may do so without your consent and/or without informing you. - Limitation of liability
14.1 This clause sets out our (and our employees’, agents’, consultants’ and subcontractors’) liability to you in respect
of the contract (including any breach of it, any statement we make to you about it, our termination of it).
14.2 All terms implied by law are, to the fullest extent permitted by law, excluded or deleted from the contract.
14.3 Nothing in these terms and conditions in any way limits our liability for fraud, or for death or personal injury
resulting from negligence.
14.4 We shall not be liable for:
14.4.1.1 Any loss or damage to any toys, equipment or bags, clothing etc. you may bring into our nursery;
14.4.1.2 Loss of any profits, or consequential loss; or any other indirect loss; and
14.5 Subject always to clause 14.3, our total liability (in contract, tort including negligence or breach of statutory duty,
or otherwise) shall be limited to cumulative price paid by you for the services over the course of the contract. - Data protection
15.1 You agree that details of your name, address and payment record may be submitted to a credit reference
agency, and personal data will be processed by and on behalf of us in connection with the services.
15.2 We may take photographs and/or videos of your child for promotional or training purposes only. If you do not
wish for your child to be included in such photographs or videos, please inform us by completing the Permission
form given to you on enrolment, or by writing to the nursery manager.
15.3 Any personal data related to you or your child will be dealt with in accordance with our GDPR privacy notice,
which can be found at [Insert details of website or place where the privacy notice can be found]. - Security
Parents are welcome to visit the nursery, but we will not admit anyone without prior notification. It is your
responsibility to ensure that we are aware of who will be collecting your child. No child will be allowed to leave the
building with any person who has not been notified as an authorised person to collect the child on your behalf. - Complaints and concerns
Please address any complaint or concern to the supervisor in charge, in the first instance, and if the matter is not
resolved within a reasonable period, please refer it to the nursery manager. Please also refer to our Complaints and
compliments policy which shall apply to any complaints received by us. - Termination for breach of contract, bankruptcy or insolvency
18.1 Without restricting any other legal rights which the parties may have, either party may terminate the contract
without liability to the other immediately on giving written notice to the other if:
18.1.1 The other party fails to pay any amount due under the contract on the due date for payment and remains
in default for [10] days or more; or
18.1.2 The other party commits a material breach of any of the terms of the contract and (if such a breach is
capable of being remedied) fails to remedy that breach within 30 days of that party being notified in
writing of the breach; or
18.1.3 The other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as
they fall due or admits inability to pay its debts or is deemed either unable to pay its debts or as having
no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency
Act 1986.
18.2 On termination of the contract for any reason:
18.2.1 You shall immediately pay all of our outstanding unpaid invoices and interest and, in respect of services
supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable
immediately on receipt; and
18.2.2 Any clause in these terms and conditions which implicitly is intended to survive termination shall continue
in force. - Events that are beyond our control
19.1 If any event beyond our reasonable control (e.g. a fire, flood, epidemic or pandemic outbreak, strike, civil action,
act of terrorism, war etc.) occurs, for which we have business interruption insurance, we may close the nursery.
We will be under no obligation to provide alternative childcare and early education to you. However, if the
closure exceeds five consecutive days in duration (excluding any days when we would otherwise be closed), we
will credit you with an amount that represents the number of days closed in excess of five days. If the period is
extended unreasonably and an alternative can be offered the fees due will remain payable.
19.2 If the nursery is forced to close for reasons beyond the nursery’s control or if it is, in our reasonable opinion,
necessary or in the interests of the child to do so, we may close the nursery even though our business
interruption insurance will not cover us for the closure. In these circumstances, we will charge a retainer of 50%
of your regular monthly fee to enable the nursery to hold your child’s place and cover unavoidable ongoing
overheads during this time. For example, we may close because of severe weather conditions, outbreak of flu,
swine flu, any epidemic or pandemic or other illnesses etc. Also, if the owner of the premises closes the premises
and denies us access. - Invalid clauses
If any part of the contract is found by any court or similar authority to be invalid, illegal or unenforceable, that part
shall be struck out, but the rest of the contract shall apply. - Changes to these terms and conditions
21.1.1 We may change these terms and conditions where such a change arises from changes in regulations or
legislation affecting us.
21.1.2 We reserve the right to vary the terms and conditions contained in this Agreement giving at least one
month’s notice.
21.1.3 This Agreement contains the full and complete understanding between the parties and supersedes all
prior arrangements and understanding whether written or oral relating to the subject of the Agreement
except to the extent that we vary terms from time to time.
21.1.4 Acceptance of a place will be deemed as acceptance by you of these terms and conditions - No other terms
Each party acknowledges that, in entering into the contract, it has not relied on anything said or written that is not
written in the contract. This applies unless fraud is established. - Assignment
The contract is personal to you. You shall not, without our written consent, transfer to anyone else any of your rights
or obligations under the contract. - Rights of third parties
A person who is not a party to the contract shall not have any rights under or connection with it. - Parking
Any person using the parking area does so entirely at his or her own risk. The Nursery cannot accept any responsibility
for injury, damage or loss to visitors, vehicles or property. - Social media and Press
26.1You must avoid making any social media communications that could damage our business interests or
reputation, even indirectly or link us to any political movement or agenda.
26.2You must not use social media to defame or disparage us, our staff or any third party; to harass, bully or
unlawfully discriminate against staff or third parties; to make false or misleading statements; or to
impersonate staff members of the setting or other related third parties. - Governing law and jurisdiction
The contract, and any dispute or claim arising out of it or in connection with it or its subject matter or formation
(including non-contractual disputes or claims), shall be governed by the law of England. The courts of England shall
have exclusive jurisdiction to settle any such dispute or claim.
10.13 Childcare terms and conditions – Edgware-Colindale- St Albans- Early Years (scouts) Branch
Fountain Montessori Pre-school Ltd Terms and Conditions
This document and the terms and conditions within it, govern the basis on which Fountain Montessori Pre-school ‘we’ / ‘our’ / ‘us’ agree to provide childcare services to parent(s)/guardian(s) (referred to as ‘you’).
Only a parent/guardian with parental responsibility for a child can register that child for a childcare place with us. We will ask to see your child’s birth certificate, or other relevant documentation, to confirm that you have parental responsibility for the child as part of our registration process.
Our details:
Edgware Branch: Fountain Montessori Pre-school Ltd, St Margaret’s, Parish Hall, Rectory Lane, Edgware, HA8 7LG
Colindale Branch: Fountain Montessori Pre-school Ltd, Unit 2 Avery Court, 45 Capitol way, Colindale NW9 0BF
St Albans branch: 77 Holywell hill, St Albans , AL1 1HF
Early years: Fountain Early years Ltd, Scout Hut, Rectory Lane, HA8 7LG
Company registration number: 06024324 , 11844250
Registered address: 23 Church Street | Rickmansworth | Hertfordshire | WD3 1DE
Telephone: Edgware – 020 8905 6202 Colindale – 020 8205 8415 St Albans 01727 855 935
Email: Edgware – admin@fountainmontessori.com Colindale – colindale@fountainmontessori.com
St Albans – stalbans@fountainmontessori.com Early years – earlyyears@fountainmontessori.com
Ofsted URN: Edgware 06024324 Ofsted URN: Colindale EY501737
Ofsted URN: St Albans 2546935 Ofsted URN Early years 2633466
1.0 Our obligation to you
1.1 We will inform you as soon as possible whether your application for a place has been successful. You must confirm within one week of receiving notification that you still wish to take up a place. If you do not then the offer of a place may be withdrawn. Once you have confirmed the place, a deposit payment will be required to hold the place for your child. The monetary value of the deposit will be published as part of our schedule of fees which can be obtained on request. The deposit will be repaid without interest against any sums due to the nursery upon notice of your child leaving the nursery.
1.2 We will provide the agreed childcare facilities for your child at the agreed times (subject to any days when we are closed. If we change the opening hours, we will give you as much notice of our decision as possible (typically 1 month if planned) and, if necessary, will work with you to agree a change to your child’s hours of attendance.
1.3 We will adhere to the principles of the General Data Protection Regulations (2018) when collecting and processing information about you and your child. We explain how your data is processed, collected, kept up-to-date in our Privacy Notice which is given to you at the point of registration.
1.4 We will try to accommodate any requests you may make for additional sessions and/or extended hours of childcare. Notice usually 1 month needed.
1.5 We will notify you as soon as possible of any days we will be closed.
1.6 We will treat your child with the utmost respect and dignity. We will never use or threaten any type of punishment that could adversely affect a child’s wellbeing.
1.7 We will provide you with regular verbal updates as to your child’s progress and we will agree times to discuss with you the progress of your child or any other aspects of our childcare services as and when required.
1.8 We will comply with the requirements of the Early Years Foundation Stage and our Ofsted registration in regard to the childcare services we provide for your child.
1.9 We will provide you with details of our policies and procedures, which outline how we satisfy the requirements of the EYFS in our everyday practice; and we will notify you as and when any changes are made to our policies and procedures. We will be available to discuss or explain our policies and procedures, and/or any relevant changes, at a mutually agreed time.
1.10 We will maintain appropriate insurance to cover our childcare activities.
1.11 We will try to make a place available to any of your other children. However, we cannot guarantee that a place will be available.
2.0 Your obligation to us
2.1 You will need to complete and return our Registration Form to us before your child can start with us.
2.2 You must notify us immediately of any changes to the information you have provided to us and keep us informed of any other necessary information that may affect the childcare that we provide for your child.
2.3 The Registration Form includes medicine consent and emergency treatment authorisations which you will need to complete prior to your child attending.
2.4 The registration form includes your permission for Fountain Montessori to share your child’s data through the Ey Log system (see https://eylog.co.uk/faq/ for further information). I have read the information about the eyLog system and understand that by signing this consent form I will receive an email message and will be able to log in and see observations of my child. These observations may include photographs, video clips or audio recordings.
I hereby give consent for my child to be photographed/videoed for recordkeeping
Purposes and for the use of Early Years Professionals Fountain Montessori Preschool.
I understand that there may be group photographs/videos that incorporate images of my child
and other children and teachers. I agree that these photographs/videos may be used in other
children’s learning journeys.
To protect and respect privacy, I agree not to use/upload/share the photographs, videos and audio recordings involving other children on public websites such as social media websites and may not utilise information from my child’s learning journey for purposes other than understanding the development of my child.
The Fountain Montessori policy on photographs/videos covers this in more detail which I can
access in the Policies Folder located at our reception area.
I agree that my child’s observations, learning journey, reports and other documents created
through eyLog can be stored on eyLog’s systems. I agree to log in using only the personal login
provided to me.
2.5 You will read and abide by our policies and procedures.
2.6 You will make yourself available as and when required to discuss the progress of your child or any factor relating to their childcare place with us at mutually agreed times.
2.7 You must immediately inform us if your child is suffering from any contagious disease, or if your child has been diagnosed by a medical practitioner with a notifiable disease. For the benefit of other children attending you must not allow your child to attend whilst they are contagious and pose a risk to other children during normal daily activities. You must abide by Fountain Montessori Communicable diseases, administering medicines and exclusions policy.
2.8 You must keep us informed of the identity of the persons who will be collecting your child. If the person who is due to collect your child is not usually responsible for collecting them we will require proof of identity. If we are not reasonably satisfied that the person collecting your child is who we were expecting, we will not release your child into their care until we have checked with you.
2.9 You must inform us immediately if you are not able to collect your child by the official collection time. You must make arrangements for another authorised person to collect your child as soon as possible. A late collection charge will be applied; please refer to the current fee schedule for details.
2.10 You will inform us as far in advance as possible of any dates on which your child will not be attending.
2.11 You will provide us with at least three months’ notice of your intention to decrease the number of hours your child attends or to withdraw your child (and end this Agreement). If insufficient notice is given you will be responsible for the full fees for your child for three months from the date of notice. If you are ending this Agreement, notice must be given by completing our Notification of Leaving Date form which is available on request.
2.12 You must inform us if your child is the subject of a court order and provide us with a copy of such order on request.
3.0 Payment of fees
3.1 Our fees are based on a monthly fee that shall be notified to you in advance of your child starting. We may review these fees at any time but shall inform you of the revised amount at least one month before it takes effect. If you do not wish to pay the revised fee, you may end this Agreement by giving us three months’ notice, by completing our Notification of Leaving Date form which can be obtained from our setting manager.
3.2 Fees cover the Montessori and EYFS curriculum, breakfast, snacks, lunch, tea, resources, extra classes (dependent on days and sessions chosen) and tuition.
3.3 Damage done by a pupil, other than fair wear and tear, may be separately invoiced and must be paid as an extra.
3.4 Fees must be paid on a monthly basis, in advance by the 4th of the month due. We calculate the amount payable by you each month by multiplying the Weekly Fee by the number of weeks we are open during the year and dividing the total number by 12. This will give 12 equal monthly payments. Fees apply 12 months of the year. Term time fees are payable half termly or over 11 months.
3.5 All payments made under the Agreement should be by standing order (or direct debit where the facility is available) unless payment by cash, cheque or debit/credit card is agreed with us in advance. All payment, regardless of method, shall be made by you monthly, in advance on the fourth day of each month (or the due date). If payment is made by cash or debit/credit card, it is your responsibility to obtain a receipt as proof of payment. Late payments incur a late payment fee of £50 per week. In addition, daily interest will be charged on all outstanding amounts at the rate of [3%] above the Bank of England base rate.
3.6 If the payment of fees referred to in 3.4 is outstanding for more than 14 days then we may terminate this Agreement by giving you 14 days’ notice in writing. Upon termination of this contract the child shall cease
forthwith to be admitted, and the notice to so terminate shall be regarded as a formal demand for outstanding monies.
3.7 If you have requested additional sessions or have been unable to collect your child by the official collection time and we have as a result provided you with additional childcare facilities, we will raise the applicable charges under a separate invoice for payment.
3.8 No refund will be given for periods where the place is unfulfilled due to illness or holidays on the part of either party. We are closed on bank holidays and for 3 training days per year to support our continuing professional development for the benefit of children and families. No refund is given for this closure as this has already been taken into account when calculating your child’s fees. We accept no liability for other costs which you incur if we are unable to provide childcare for any reason.
3.9 In the event of late collection of your child, we reserve the right to charge for each additional 15 minutes, or part thereof, on a pro-rata basis. The cost to you will be £15 every 5 minutes late. Frequent late comers will have to pay even if they call and inform the nursery.
4.0 Suspension of a child
4.1 We may suspend the provision of childcare to your child at any time if you have failed to pay any fees due.
4.2 If the period of suspension for non-payment of fees exceeds one month, either of us may terminate this Agreement by giving written notice, which will take effect on receipt of the notice.
4.3 We do not support the exclusion of any child on the grounds of behaviour. However, if your child’s behaviour is deemed by us to endanger the safety and well-being of your child and/or other children and adults, it may be necessary to suspend the provision of childcare whilst we try to address these issues with you and external agencies as appropriate.
4.4 During any period of suspension for behaviour-related issues We will work with the local authority and where appropriate other welfare agencies to identify appropriate provision or services for your child.
4.5 If your child is suspended part way through the month, under the conditions stated in clause 4.3 We shall give you a credit for any fees you have already paid for the remaining part of that month, calculated on a pro rata basis. This sum may be offset against any sums payable by you to us.
5.0 Termination of the Agreement
5.1 You may end this Agreement at any time, giving us at least three months’ notice by completing the ‘Notification of Leaving Date’ form. Notice must be addressed to the Head and hand-delivered or sent by recorded delivery to the Nursery address. No other notice will suffice. In the absence of such notice, full terms fees less deposit in lieu of notice must be paid whether or not the place can be filled. The main reasons for these rules are to promote the stability of the Nursery community and to ensure that the Nursery has sufficient notice with which to plan resources and curriculum.
5.2 We may immediately end this Agreement if:
5.3.1 You have failed to pay your fees;
5.3.2 You have breached any of your obligations under this Agreement and you have not or cannot put right that breach within a reasonable period of time after We have drawn it to your attention;
5.3.3 You behave unacceptably, as we do not tolerate any physical or verbal abuse or threats towards staff;
5.3.4 We take the decision to close. We will give you as much notice as possible in the event of such a decision.
5.3 It may become apparent that the support we are able to offer your child is not sufficient to meet his/her needs. In these circumstances we will work with you, the local authority and other welfare agencies as per our procedures to identify appropriate support, at which point we may end this Agreement.
5.4 You may end this Agreement if we have breached any of our obligations under this Agreement and we have not or cannot put right that breach within a reasonable period after you have drawn it to our attention.
5.5 Withdrawal of a place and deposit(s): The deposit is not refundable if a child is withdrawn before he/she takes up his/her place.
6.0 General
6.1 If we have to close or we take the decision to close due to events or circumstances beyond our control (e.g. extreme weather conditions) the monthly Fee will continue to be payable in full and we shall be under no obligation to provide alternative childcare to you. If the period is extended unreasonably and an alternative can be offered a reasonable amount will be charged to parents to cover operating costs only.
6.2 If you have any concerns regarding the services we provide, please discuss them with your child’s key person. If these concerns are not resolved to your satisfaction, please contact the manager. Customer satisfaction is paramount and any concerns/complaints will be dealt with in line with our Making a
Complaint Policy.
6.3 From time to time we will take photographs and video recordings of the children who attend. These photographs are used for on-going recording of our curriculum and for children’s individual development records. They are stored on our computer whilst your child is with us. The photographs are used for display and for your child’s records within the setting. If we wished to use any image of your child for training, publicity or marketing purposes, we would always seek your written consent for each image we intend to use, as indicated on our Registration Form.
6.4 The parents authorise us while in loco parentis to take in good faith all decisions that safeguard and promote the welfare of the pupil. Parents’ consent also to emergency medical treatment including general anaesthetic and operation under NHS or at a private hospital where certified by a doctor necessary for the welfare of the pupil and if parents cannot be contacted in time.
6.5 We reserve the right to refuse to admit your child if they have a temperature, sickness and diarrhoea or a contagious infection or disease on arrival at our setting, or to ask you to collect your child if they become
unwell whilst in our care, in line with our Managing Children who are Sick, Infectious or with Allergies Policy.
6.6 Whilst food and drink is provided on the premises, we are not a commercial kitchen and may not be able to cater for the individual needs of every child. As cross contamination cannot be ruled out, a risk assessment is conducted for children with any known allergies. It is our usual practice to provide vegetarian option only. Every effort is made to follow recommended food preparation guidance and to ensure that all staff involved in the preparation and serving of food are suitably trained.
6.7 Absences: The Head must be informed if any child is absent. This can be done by calling the Nursery before the start of the session.
6.8 Valuables: Children are not permitted to bring money, jewellery or other valuables with them. Parents will be asked to take any belongings brought to the Nursery home with them.
6.9 Change of address: Any change of address or telephone number must be notified to the Head immediately.
6.10 Parking: Any person using the parking area does so entirely at his or her own risk. The Nursery cannot accept any responsibility for injury, damage or loss to visitors, vehicles or property.
6.11 Special precautions: The Head must be notified in writing immediately of any court orders or situations of risk in relation to a pupil for whom any special safety precautions may be needed. A parent may be excluded from Nursery premises if the Head, acting properly, considers such exclusion to be in the best interests of the pupil or of the Nursery.
6.12 Absence of parents: When both parents will be away from their home in the United Kingdom overnight, the Head must be informed in writing of the name, address and telephone numbers for contact of a suitable legal guardian or other adult with whom the pupil will reside. These matters are the responsibility of parents.
6.13 Insurance: The Nursery undertakes to maintain those insurances which are prescribed by law. All other insurances are the responsibility of parents. The Nursery is not the agent of the parents for any purpose related to insurance.
6.14 Concerns/complaints: Parents who have cause for serious concern as to a matter of safety, care of quality of education must inform the Head without delay.
6.15 Special Learning Difficulties: Parents will be notified if it appears that the pupil if experiencing any problems. The Nursery will, on request, advise parents as to how they may, at their own expense, obtain specialist advice. Where applicable additional fees to support your child may be payable.
6.16 Medical supervision: Before entering the Nursery the pupil must be immunised against diphtheria, polio, mumps, tetanus, whooping cough, measles and rubella.
6.17 Any personal information you supply to us will be collected, stored and used in accordance with the principles of the General Data Protection Regulations (GDPR) (2018) and our Confidentiality and Client Access to Records Policy. We will always seek your consent where we need to share information about your child with any other professional or agency. We are required by law to override your refusal to give
consent only in specific circumstances where the child or someone in the family may be in danger if we do not share that information.
7.0 This Agreement
7.1 A successful Nursery must initiate and respond to change. The offer of a place and its acceptance are given on the basis that in the interest of the Nursery as a whole, reasonable changes may be made from time to time to these standard terms and conditions, to the size and location of the Nursery, to its premises and facilities, to the length of the terms and the day and to any other aspect of the Nursery. We reserve the right to vary the terms and conditions contained in this Agreement.
7.2 This Agreement contains the full and complete understanding between the parties and supersedes all prior arrangements and understanding whether written or oral relating to the subject of this Agreement except to the extent that we vary terms from time to time.
7.3 Acceptance of a place will be deemed as acceptance by you of these terms and conditions.
Acceptance of our offer of a childcare place
Please sign our registration form online via Eyman system to indicate that you have read and understood the above Terms and Conditions and to confirm your acceptable of a childcare place with us for your child.
For parent(s)/guardian(s) under the age of 18, a guarantor aged over 18, must also sign the contract on your behalf. The contract would therefore be between Fountain Montessori Pre-school Ltd, you and the guarantor.
A copy of this completed and signed contract will be provided to each signatory.