Ladybird Baby, Toddler and Pre-School Nursery hereinafter referred to as ‘the nursery’, offer a definite/provisional place to the child referred to overleaf who is to join the nursery on the following terms. These terms and conditions relate to the contract between the nursery and the parent/guardian. The headings in this agreement are inserted only for convenience and shall not affect its construction.

A registration fee as referred to on the fee sheet shall be paid by the parent/guardian to the nursery on submission of the completed registration form and that fee shall not be returnable if such acceptance is later withdrawn by the parent/guardian. The deposit will be returned if the nursery cannot offer the place on the schedule and date required. The deposit shall not be returnable unless one full month’s notice in writing is provided to the nursery manager. The deposit is not deductible from the first month’s fees.

(i) Payment of nursery fees to the nursery for the child’s attendance at the nursery shall be paid by the parent/guardian, in advance, on the first day of each month (the due date) by direct debit/cheque/cash

(ii) If the payment of fees referred to in (i) above shall be outstanding for more than 14 days then the nursery may serve 14 days notice in writing to terminate the contract. Upon termination of the contract, the child shall not be admitted to the nursery, and the nursery’s written notice shall be regarded as a formal demand for all outstanding monies.

(iii) The nursery reserves the right to increase the said fees at any time upon giving one calendar month’s written notice of the proposed increase to the parent/guardian.

3. Calculation of fees

(i) The nursery year runs from 1st January to 31st December. The nursery is closed on bank holidays and weekends. At Christmas time, the nursery closes at 1.00pm on Christmas Eve and 2.00pm on New Years Eve. Full fees are payable over those periods.

(ii) The nursery does not permit the pro-rata reduction of fees if the child is absent from nursery due to illness or holidays whilst the nursery is open. The parent/guardian is obliged to make full payment. In the event of payment not being made then the nursery reserves its right to terminate this agreement in accordance with clause 2 (ii).

Staff should be advised in writing of a person other than the authorized parent/guardian picking up your child. We operate on a password system in order to ensure that staff members are releasing the child to the authorized person. Parents are advised to change passwords when allowing different people to collect your child. Where written notice is not possible, a telephonic conversation with the parent/guardian is necessary.

All parents will be charged on late collection of the child in accordance with the requirements set by Ofsted (Standard 2) of two staff members on duty at all times. Fines are as follows:

6.01pm - 6.15pm £5 per staff member (£10 minimum)
6.16pm - 6.30pm £10 per staff member (£20 minimum)
6.31pm - 7.00pm £20 per staff member (£40 minimum)

After 7.00pm social services and the police will be contacted if no contact has been made by the parent/guardian.

(i) After an offer has been made by the nursery but before acceptance by the parent/guardian either party may cancel the offer by serving 7 days written notice.

(ii) After acceptance of the offer by the parent/guardian either party may terminate this agreement by the service of one month’s notice in writing. During the said one month period the nursery undertakes to continue to admit the child and the parent/guardian undertakes to pay all fees due. Should the parent/guardian fail to pay the one month’s fees the child’s place shall be immediately withdrawn and the nursery shall be entitled to serve a formal demand for payment of such monies.

(iii) In the event of the parent/guardian giving notice of withdrawal of the child and immediately withdrawing the said child there shall be due to the nursery one calendar month’s fees in lieu of notice. Failure of parents to provide one calendar month’s notice or any notice at all shall render the parent/guardian liable to the nursery for one month’s fees.

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

The parent/guardian of the child, hereby agrees that during the term of this agreement and for a period of six months after the termination of this agreement that he/she will not seek to employ, entice away or attempt to entice away employees of Ladybird Baby, Toddler and Pre-School Nursery. If the parent or guardian breaches this clause then he/she shall indemnify the nursery of all and any costs, claims, damages and expenses incurred by the nursery as a result of the breach to include costs of replacing the said member of staff to include but, not limited to agency fees, advertising costs, management time in interviewing and all such other costs reasonably and necessarily incurred by the nursery in replacing the member of staff together with all legal fees and disbursements.

(i) There shall be no variation of this agreement unless it is in writting and made between a duly signed representative of the nursery and the parent/guardian, any such agreement being in writing from Director of the Nursery or the Nursery Operations Manager.

(ii) The employees of the nursery are not authorized to bind the nursery in respect of the following matter:

(a) The variation of any terms of this agreement except the attendance schedule

(b) The entering of agreements, be they oral or written with the parent/guardian as to payment schedules of current fees or arrears fees

(c) The acceptance of any offer as to payment of fees or arrears of fees other than in accordance with clause 3

(d) Any representation as to the rights of the nursery to take legal or other proceedings

The above terms and conditions are considered to be fair and reasonable. In the event of any term found by a Court of Law to be unreasonable then the clause shall be removed but the agreement shall remain in full force and effect. The parent/guardian has read and understands the Terms and Conditions conditions contained and undertakes to be bound by the same.