Nursery Registration Form (Page 2 of 2) in pdf

(iii) In the event of the parent/guardian giving notice of withdrawal of

Terms and Conditions

the child and immediately withdrawing the said child there shall be

due to the nursery two calendar month’s fees in lieu of notice. Failure

by the parent/guardian to provide two calendar month’s notice or any

Rainbow Smiles Limited hereinafter referred to as ‘the nursery’ offer a

notice at all shall render the parent/guardian liable to the nursery for

provisional place to the child referred to overleaf who is to join the

two month’s fees.

nursery on the following terms. These terms and conditions relate to

(iv) Notice must be in writing and posted to the nursery manager.

the contract between the nursery and the parent/guardian. The

(v) If in the reasonable opinion of the nursery manager or person of

headings in this agreement are inserted only for convenience and

similar standing or authority it is considered that the continued

shall not affect its construction.

presence of the child referred to herein is detrimental to the health,

1 Registration

safety or well being of the child or other children of the said nursery

A registration fee as referred to on the fee sheet shall be paid by the

or the teachers or other staff so employed then the nursery may

parent/guardian to the nursery on submission of the completed

serve notice to the parent/guardians or a request for the child to be

registration form and that fee shall not be returnable if such accep-

immediately removed from the nursery and the provision of two

tance is later withdrawn by the parent/guardian.

month’s notice as referred to in sub-clause (ii) hereinbefore stated

2 Offer Acceptance

shall not apply.

A deposit as is referred to on the fee sheet shall be paid by the par-

6 Non-solicitation of staff

ent/guardian to the nursery on the acceptance of the offer and that

The parent/guardian of the child, the subject of this registration form,

deposit shall not be returnable unless two full month’s notice in writing

hereby agrees that during the term of this agreement and for the

is provided to the nursery manager once the Child has started the

period of twelve months following its termination (howsoever

nursery. The deposit is not deductible from the first month’s fees.

terminated) that he /she will not seek to employ, entice away or

3 Payment of nursery fees

attempt to entice away from the employment of Rainbow Smiles

(i) Payment of nursery fees to the nursery for the child’s attendance at

Limited (hereafter called ‘the Company’) any person or persons

the nursery shall be made by the parent/guardian monthly, in

employed by the Company at the date of termination of the agree-

advance, on the first day of each month (the due date) by direct debit.

ment between the Company and the parent/guardian or any person

(ii) If the payment of fees referred to in (i) above shall be outstanding

or persons who was employed by the Company in the Twelve

for more than 14 days then the nursery may serve 14 days notice in

months preceding the date of termination of the agreement between

writing to terminate this contract. Upon termination of this contract the

the parent/guardian and the Company. If the parent/guardian shall

child shall cease forthwith to be admitted to the nursery, and the

breach the aforementioned clause then he/she shall indemnify the

nursery’s notice to so terminate shall be regarded as a formal demand

Company fully in respect of all and any costs, claims, damages and

for all outstanding monies.

expenses incurred by the Company as a result of the aforementioned

(iii) The nursery reserves the right to increase the said fees at any

breach to include the cost of replacing the said member of staff to

time upon giving one calendar month’s written notice of the proposed

include, but not limited to agency fees, advertising costs,

increase to the parent/guardian.

management time in interviewing and all such other costs reasonably

4 Calculation of fees

and necessarily incurred by the Company in replacing the member of

(i) The nursery year runs from September 1st to August 31st.The

staff together with all legal fees and disbursements.

nursery closes for one week at Christmas, and also Summer as well

7 Variations

as closing for all other Bank Holidays.

(i) There shall be no variation of this agreement unless it is in writing

(ii) The fees payable by the parent/guardian are calculated by taking

and made between a duly authorised representative of the nursery

the annual figure and dividing it by 12 Month’s, enabling each month’s

and the parent/guardian, any such agreement being in writing from a

fees to remain the same throughout the year irrespective of Bank

Director of the Company

Holidays, The Christmas closure & Training Days, which is required in

(ii) It is hereby recognised that the nursery is owned by Rainbow

accordance with clause 3(i). The nursery does not permit the payment

Smiles Limited (‘the Company’) and the members of staff at the

of fees on a daily or weekly basis. Any payments by a parent/guardian

nursery are employees of the Company.

upon this basis may be regarded by the nursery as a breach of the

(iii) The employees of the Company at the said nursery are not

parent/guardian payment obligations and the nursery reserves the

authorised to bind the Company in respect of the following matter:

right to terminate this agreement upon serving 14 days notice of the

a) The variation of any terms of this agreement except attendance

parent/guardian payment default. Upon the expiration of the said 14

schedule.

days notice and the parent/guardian having failed to remedy their

b) The entering into of agreements be they oral or written with the

payment default then the nursery shall be entitled to treat this

parent/guardian as to payment schedules of current fees or arrears

agreement as terminated and the provision of clause 3(ii) shall apply.

of fees.

(iii) The nursery does not permit the pro-rata reduction of payment

c) The acceptance of any offer as to the payment of fees or arrears

fees if the child is absent from the nursery due to illness or holidays

of fees other than in accordance with clause 3.

whilst the nursery is open. The parent/guardian is therefore obliged to

d) Any representation as to the rights of the Company to take legal or

make full payment. In the event of payment not being made then the

other proceedings.

nursery reserves its right to terminate this agreement in accordance

8 Acceptance

with clause 3(ii).

The above terms and conditions are considered to be fair and rea-

5 Cancellation/ Termination

sonable. In the event of any term found by a Court of Law to be

(i) After an offer has been made by the nursery but before acceptance

unreasonable then the clause shall be removed but the agreement

by the parent/guardian either party may cancel the offer by serving 7

shall remain in full force and effect. The parent/guardian has read

days written notice.

and understands the Terms and Conditions contained and

(ii) After acceptance of the offer by the parent/guardian either party

undertakes to be bound by the same.

may terminate this agreement by the service of two calendar month’s

notice in writing. During that said two month period the nursery

Rainbow Smiles Limited

undertakes to continue to admit the child and the parent/guardian

Company Registration Number: 6238769

undertakes to pay all fees due. In the event of the parent/guardian

Registered office:

failing to pay the two month’s fees the child’s place shall be

117 Rosendale Road, West Dulwich, London SE21 8HE

immediately withdrawn and the nursery shall be entitled to serve a

Tel 0208-655-7000

formal demand for payment of such monies.

Nursery Registration Form Page 2

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