Brightkidz Preschool Terms and Conditions

1. DEFINITIONS
1.1."Child" refers to the child named in the Registration Form.

1.2. "Parent(s)"/"You"/“Your” means any person who has signed the Registration Form and/or who has accepted responsibility for the Child's attendance at the Nursery. Parents are legally responsible, individually and jointly, for complying with their obligations under these Terms and Conditions. Those who have "parental responsibility" (i.e. legal responsibility for the Child) are entitled to receive relevant information concerning the Child unless a court order has been made to the contrary, or there are other reasons which justify withholding information to safeguard the interests and welfare of the Child.

1.3. "Nursery/We/Us" refers to Brightkidz Preschool, the childcare provider operating under these terms.

1.4. “Session” means a period from Monday to Friday (except for bank holidays and staff inset days) which can be booked by You for Your Child, and which may be (i) Full Day 8am – 6pm (ii) School Day 8am – 3pm or (iii) Afternoon Session 1pm – 6pm.

1.5. "Registration Fee" is the non-refundable fee payable to secure a place.

1.6. "Deposit" is the refundable fee payable on acceptance of a place, returned upon withdrawal provided all terms, including notice, are met.

1.7. “Consumables” means nappies, cream and wipes which must be clearly labelled with Your Child’s name and provided by you.

1.8. “Enquiry Form” means the form completed by You enquiring about entry into the Nursery for Your Child.

1.9. "Fees” mean the monthly charges set by the Nursery as indicated on its fee list for the Sessions which also include meals and extracurricular activities. Extra Fees apply for extended drop off charges, late pick up charges, unplanned late pick up charges and any other charges as notified to You from time to time.

1.10. “Late Pick Up” means the time from 6.00pm to 6.15pm or 3.00pm to 3.15pm from Monday to Friday.

1.11. "Nursery Manager" is the person who is responsible for the day-to-day running of the Nursery and that expression includes those to whom any duties of the Nursery Manager have been delegated.

1.12. "Nursery Premises” means the premises from which the Nursery operates as set out in the Registration Form.

1.13. “Standard Hours” means the time from 8am to 6pm inclusive on Monday to Friday when the Nursery Premises are open except for bank holidays and staff inset days.

2. ADMISSIONS AND ATTENDANCE

2.1. Children will be considered for entry to the Nursery when an Enquiry Form is completed by You and returned to Us.

2.2. Admission: Admission to the Nursery occurs when Parents accept the offer of a place by the Nursery following completion of the Registration Form. A non-refundable registration fee is payable on completion of the Registration Form and the Deposit becomes payable following acceptance of the offer of a place.

2.3. Availability: The Nursery is only able to offer a place to Your Child subject to availability of a place at the Nursery Premises.

2.4. Deposit: A Deposit will be retained by the Nursery and will be repaid in full without interest within 5 working days of Your Child leaving the Nursery subject to payment by You of all sums due to the Nursery and providing that notice to terminate has been given. The Deposit will be non-refundable by the Nursery in circumstances where a Child does not take up its place.

2.5. First Attendance: Your Child will attend the Nursery for two free ‘one-hour sessions’ settling in period. Attendance to the Nursery will occur on the date Your Child attends the Nursery on their agreed start date under this contract.

3. FEES AND PAYMENTS

3.1. Fees are calculated on a fixed monthly basis: (Weekly Fee × 51 weeks) ÷ 12 months = Average Monthly Fee.

3.2. Fees are inclusive of all meals, snacks, and extra-curricular activities. We do not have a charge rate for meals or extra-curricular activities.

3.3. Fees are payable monthly in advance on the first calendar day of each month via Direct Debit.

3.4. The Deposit will be refunded when a child leaves the Nursery, provided:

• Two full calendar months’ written notice is given.
• All fees are paid in full.
• No breach of terms has occurred.

3.5. Fees remain payable in full for absences including illness, holidays, or unforeseen closures (including natural disasters).

3.6. We reserve the right to review and amend our fee structure with one month’s notice.

3.7. Hours of Operation: We are open for 51 weeks (except for weekends and bank holidays).

3.8. What happens if you do not collect Your Child? You must inform the Nursery if someone other than a Parent is collecting Your Child. Such person will need to provide proof of identity. No Child will be allowed to leave the Nursery Premises with anyone who has not been given prior permission by the Child’s Parent, who does not provide proof of identity or if the Nursery Manager is not satisfied that an individual is allowed to collect Your Child.

3.9. What happens if Your Child is not collected from the Nursery Premises? If, following the end of the Standard Hours, we remain unable to reach You or Your emergency contact(s) regarding collection of Your Child after a Session, we will contact social services.

3.10. Minimum number of Sessions: Each Child must be registered for a minimum of three full day sessions per week.

3.11. Fees: Fees are due and payable for every booked Session. Depending on Your agreement with the Nursery, the Fees will be due and payable by you monthly in advance by direct debit.

3.12. Non-attendance/bank holidays/staff training: Fees are due and payable for non-attendance by Your Child including for family holidays and sickness. Fees are also due on all bank holidays and for two annual staff training days despite the Nursery being closed. Please inform us a month in advance of any planned dates where Your Child will not attend Nursery so that we can plan accordingly.

3.13. Additional costs: You will be charged an additional Fee for any instances of Early Drop Off, Late Pick Up or Unplanned Late Pick Up.

3.14. Changing of Sessions: Swapping of Sessions is not permitted. Should You wish to decrease the number of Sessions, you will need to provide one months’ prior written notice. If insufficient notice is given, you will be responsible for payment of the full Fees.

3.15. Ad-hoc Sessions: These can be requested by completing an extra booking session form and will be authorised by the Nursery Manager if places are available on Your requested date(s). All ad-hoc booking charges for Sessions are due at the point of booking and are non-refundable should you change Your mind. Payment will be required once this has been agreed.

3.16. Promotional Offers/Discounts: From time to time, we may offer promotions or discounts on the Website. Promotions are only applicable to new registrations. The Nursery reserves the right to seek payment of any discount or promotional offer made for a Child who leaves the Nursery within six months of such offer or promotion being made.

3.17. Promotional offers/Discounts – withdrawal: These may be withdrawn at any time and without notice.

3.18. Extra Costs: Parents will be consulted regarding any extra costs such as day trips or external activities.

3.19. Payment of Fees/late payment charge: You undertake to pay the Fees within five days of the date of issue of the invoice (unless a prior agreement has been reached with the Nursery); otherwise, a late payment charge of twenty-five pounds will be made on each invoice. Fees are the joint and several responsibilities of each person who has signed the Registration Form or who has parental responsibility for the Child.

3.20. Freezing of Nursery place: If Fees remain unpaid ten days after the date of issue of the invoice, we reserve the right to freeze Your Child’s place at the Nursery Premises and Your Child may be excluded from the Nursery until the Fees are paid. If Fees continue to remain outstanding, you may receive written notice from Us to withdraw Your Child from the Nursery and we reserve the right to terminate this agreement without further notice.

3.21. Review of Fees and Fee increase: We reserve the right to review the fees by providing 1 months’ notice.

4. SESSION CHANGES AND TERMINATION

4.1. Permanent changes to a child’s sessions must be requested in writing and are subject to availability and approval.

4.2. Two full calendar months’ written notice is required to terminate your child’s place at the Nursery.

4.3. Matters outside our control/Liability: We shall not be held liable for any failure or delay in providing the services under these Terms and Conditions where such failure arises as a result of any act or omission which is outside our reasonable control including without limitation acts of God, a pandemic or epidemic, terrorist attack, collapse of buildings, fire, explosion or accident, interruption or failure of utility service, use of the Nursery Premises as a polling station or in the event of a government lockdown or advice from a local authority to shut the Nursery Premises.

4.4. In respect of an epidemic, pandemic, government lockdown or advice from a local authority to shut the Nursery Premises, no compensation shall be paid or refund given by the Nursery if any Sessions are cancelled. In such circumstances, you shall be liable to pay the full fees for the first 14 working days and thereafter equivalent of 30% of the Fees for the Sessions You have booked for up to three months following any closure of the Nursery Premises. Following the re-opening of the Nursery Premises, you shall be liable to pay the equivalent of 100% of the Fees for the contracted Sessions even if Your Child does not attend Nursery. Following the reopening of the Nursery Premises, you are entitled to give two months’ written notice to terminate these Terms and Conditions.

4.5. Liability: If we are found liable for any loss or damage to You such liability is limited to that amount you have paid for the sessions in the previous twelve calendar months. We also exclude liabilities for losses that were not foreseeable to both parties when the contract was formed and losses that were not caused by any breach on our part. This liability does not apply to personal injury or death arising as a direct result of our negligence.

5. FUNDING AND ADDITIONAL HOURS

5.1. Where government-funded hours apply, fees for additional hours or services outside the funding are clearly communicated.

5.2. The cost of meals, snacks, and activities is not charged in addition to funded hours—these are included in the funded rate calculations.

5.3. Either party may terminate this agreement at any time by giving at least two calendar months’ notice in writing to the other party.

5.4. We may terminate this agreement immediately on notice if You abuse our staff in any way.

6. ILLNESS, MEDICAL, AND EMERGENCY CARE

6.1. Children who are unwell or have an infectious illness should not attend the Nursery.

6.2. Parents will be notified and required to collect their child promptly if they become unwell during the day.

6.3. Medication can only be administered with prior written consent and must be prescribed.

6.4. Parents’ consent to staff administering basic first aid and, if necessary, emergency medical treatment as required.

7. SMOOTH RUNNING OF THE NURSERY

7.1. Concerns/Complaints: We are keen to ensure that Your Child has an enjoyable experience whilst spending time at the Nursery and take any complaints or concerns very seriously. Any question, concern or complaint about the pastoral care or safety of Your Child must be made promptly so that the Manager can investigate the matter and if necessary, review any CCTV footage. If the matter cannot be resolved by the Manager, the matter should be referred to the Director.

7.2. CCTV Footage: By entering these Terms and Conditions, you agree to the Nursery recording CCTV footage of Your Child at the Nursery Premises. You acknowledge that this is stored for a period; after which time it is destroyed. We do not share CCTV footage with parents to protect other children on the premises.

7.3. Suspension/Removal: We may be required to suspend Your Child from Nursery in circumstances where Your Child’s behaviour is deemed unacceptable by the Nursery Manager or endangers the safety and wellbeing of other children at the Nursery. Whilst such suspension is ongoing, we will credit back to you any Sessions you have previously paid for. We will work with You to address the cause(s) of the suspension but if the period of suspension exceeds one month, we may terminate this agreement immediately.

7.4. Information about Your Child: You must complete and return Your Child’s personal record prior to your Child’s first day of attendance at the Nursery and you are responsible for informing us of any changes via the Parents’ electronic portal. You must disclose to Us any known medical condition, health issue or allergy aqecting Your Child, or any family circumstances or court order which might aqect Your Child's welfare or happiness, or any concerns about Your Child's safety.

7.5. Change to contact details: You must inform us immediately if Your contact details change.

7.6. Special Precautions/Change of Circumstances: The Nursery Manager must be notified in writing immediately of any court orders or situations of risk in relation to the Child for which any special precautions may be needed.

7.7. Belongings: Children should not bring money, valuables, sweets or toys with them to the Nursery Premises. However, a comforter will be permitted. The Nursery does not accept responsibility for loss or damage to such items.

7.8. Clothing: Please ensure You bring a change of clothes for Your Child (along with warm outdoor clothing in the winter and a sun hat (which oqers protection to the face and neck). Please apply sun cream to Your Child in the spring and summer prior to attending Nursery as the weather demands.

7.9. Trips outside the Nursery: From time to time, we may organise trips and visits outside of the Nursery Premises. If you do not wish Your Child to participate, please inform the Nursery Manager in writing.

7.10. Transport for trips outside the Nursery: You consent to Your Child travelling by any form of public transport and/or in a motor vehicle driven by a responsible adult who is duly licensed and insured to drive a vehicle of that type.

8. GENERAL

8.1. We reserve the right to update these Terms and Conditions with reasonable notice.

8.2. By registering your child, you agree to these Terms and Conditions as part of a legally binding agreement.

9. MEDICAL

9.1. Food - Allergies: We offer a variety of food at the Nursery. You must inform us of any dietary requirements or allergies.

9.2. Infectious illnesses: Children will not be accepted into the Nursery with an infectious illness and must not return to the Nursery until medically fit. The Nursery reserves the right to send a Child home if s/he become unwell whilst under the Nursery's care. You are expected to collect Your Child promptly if You receive a call from Us informing You that Your Child is unwell. You must adhere to the policies.

9.3. Medicine: The Nursery cannot administer any medicine to Your Child unless prescribed by a doctor. Parents will be required to fill in a medicine consent form for the administration of medicine to Your Child.

9.4. Medical Information: Throughout the Child's time at the Nursery, the Nursery Manager shall have the right to disclose confidential information about the Child if it is in the Child's own interests or necessary for the protection of other members of the Nursery community. Such information will be given and received on a confidential, "need-to-know" basis.

9.5. First Aid Provision: You consent to Your Child receiving first aid treatment as and when necessary, from an appropriately qualified person.

9.6. Emergency Medical Treatment: You authorise Your Child receiving emergency medical treatment by an appropriately qualified professional in circumstances where it is necessary for Your Child's welfare and when You or Your emergency contact cannot be reached.

10. OTHER

10.1. Privacy and Data Protection: We take the protection of personal data very seriously. We process personal data about You and Your Child in accordance with the General Data Protection Regulations and the Data Protection Act 2018.

10.2. Even if we delay in enforcing this contract, we can still enforce it later. If We do not insist immediately that You do anything You are required to do under these Terms and Conditions, or if We delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things or prevent Us taking steps against You at a later date. For example, if You miss a payment of Sessions and We do not chase You, but We continue to provide services, we can still require You to make the payment later.

10.3. Insurances: The Nursery shall maintain those insurances which are prescribed by law. All other insurances are the responsibility of Parents.

10.4. Legal Contract: The offer of a place and its acceptance by Parents give rise to a legally binding contract on these Terms and Conditions.

10.5. Website: We aim to always have the Website available. However, we cannot guarantee this or warrant that it will be error free, and we cannot accept liability for any issues that arise. We make no warranty whatsoever for its fitness for purpose or accuracy.

10.6. Third Party Rights: Only the Nursery and the Parent(s) are parties to this contract.

10.7. Interpretation: These Terms and Conditions supersede those previously in force and will be construed. Examples given in these Terms and Conditions are by way of illustration only and are not exhaustive.

10.8. Non-Solicitation of Staff & Babysitting Policy: Parents agree not to directly or indirectly solicit or encourage any member of Brightkidz Preschool staff to leave their employment. If a parent employs a member of our staff within one year of them leaving Brightkidz to care for a child who is or has been registered at the nursery, an introduction fee of £4,000 will be payable to the nursery. Please note that nursery staff are not permitted to offer or organise private babysitting services for families currently attending the nursery. Any such arrangement made is entirely outside the scope of the nursery's responsibilities and is strictly at the parent's own risk. The nursery accepts no liability for any private childcare arrangements made between parents and staff, current or former. Staff are not authorised to discuss nursery matters outside of working hours. Additionally, former staff members are not permitted to enter the nursery premises for child collection or drop-off.

11. EMERGENCY CARE:

11.1 All fees for emergency care sessions are due in full prior to the session start date. Please note that once a session is booked, fees are non- refundable regardless of attendance. Booked sessions cannot be rescheduled or transferred to alternative dates. By booking, you acknowledge and agree to these terms, understanding that payment reserves the specified session time exclusively for your child.