The following expressions shall have the following meanings:
“Courses” means any of the children’s courses being run by RMP.
“Conditions” means the terms and conditions as set out in this document and any subsequent variations as agreed in writing by RMP and the Customer.
“Customer” means any family, third party, individual, partnership, company or other organisation or entity which contracts with the RMP with a view to procuring the Course services of RMP and for whom RMP has agreed to provide the Services in accordance with these conditions.
“Engagement” means engagement or use of RMP’s Course services by the Customer.
“Registration Form” means the instructions provided by a Customer in writing, to the RMP in relation to the provision of care at a Course.
“Role Model” means any person providing care on behalf of RMP for Engagement.
“RMP” means The Role Model Partnership Ltd, a company registered in England and Wales with company number 08634464.
“RMP Fee” means the relevant fee payable to the RMP for the Services as set out in Clause 5.
“Services” means the Course services provided by the RMP to the Customer as described in these Conditions.
“Session” means each period of 5 or 6 hours (from 10.00/11.00 – 15.00/16.00) during which RMP provides Services to the Customer.
2.1. The Agreement between the RMP and the Customer for the provision of the Services, incorporating these Conditions, shall only come into force when the RMP confirms acceptance of Registration Form either orally or in writing to the Customer, whether by email, by phone or in person (the “Agreement”).
2.2. These Conditions apply to the Agreement to the exclusion of all other terms and conditions and shall supersede any other documentation or communication between the Customer and the RMP.
2.3. Any variation of this Agreement (including any special terms and conditions agreed between the parties) must be agreed in writing between the parties.
3. Supply of Services
3.1. RMP is not an employer of Role Models but provides Role Models for its Courses.
3.2. RMP shall use reasonable endeavours to run Courses using Role Models that the RMP considers suitable to deliver high quality education and to perform the additional Services as further set out in this Clause.
3.3. The RMP shall carry out its obligations with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and relevant statutory obligations.
3.4. The RMP will take all reasonable steps to ensure Role Models are of sound character, honest and reliable. However the RMP cannot be held responsible for the conduct of a Role Model either before or during a Course and does not give any warranty as to the history, character, age, experience, capability, suitability, honesty or immigration status of any Role Model nor as to the completeness, truthfulness or the accuracy of the information supplied to them by the Role Model. The RMP accepts no liability for any loss or damage arising from any negligence, misconduct, dishonesty or lack of skill on the part of the Role Model.
3.5. The RMP will check that each Role Model providing care at the Courses has had an Enhanced Disclosure Barring Service check (previously CRB) which is valid within the past three years.
3.6. RMP will keep a written record of any injury that occurs during the Courses and feed this back to the Customer at the end of each Session.
3.7. Time for commencement shall not be of the essence of the Agreement and the RMP shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.
4. Responsibilities of the Customer
4.1. The Customer shall complete the Registration Form in full and to the best of their knowledge, specifying any information that will help RMP to provide the best service possible.
4.2. The Customer shall pay the appropriate RMP Fee as set out in Clause 5 to the RMP.
4.3. The Customer shall collect their child at the specified Session finish time. If RMP are unable to contact the Customer or their recommended emergency contact within 30 minutes of the specified Session finish time, RMP will contact the local Social Services.
4.4. The Customer shall ensure that their child is accompanied with any medicines that they might require and that instructions on how to administer the medicines have been shared with RMP.
4.5. By providing instructions on how to administer medicines, the Customer is consenting to Role Models administering such medicines as specified.
5.1. The RMP Fee will vary depending on the Course being booked.
5.2. RMP shall charge the Customer in advance of the Course and the Course shall be paid for in full.
5.3. All payments shall be made by the Customer within six calendar days of receiving payment details in the booking confirmation email, or prior to the start of a Course – whichever is earliest.
5.4. If a Customer wishes to cancel a Course prior to its commencement, the Customer shall provide at least 28 days’ notice to RMP. If at least 28 days’ notice is provided to RMP then the Customer shall receive a credit towards one of RMP’s future Courses based on availability and equivalent cost. If less than 28 days’ notice is provided to RMP then neither a reimbursement or credit note can be provided.
5.5. If any invoice is not paid when due, the RMP is entitled (at its sole discretion) to charge interest on any balance outstanding at the rate of four per cent (4%) above the base rate for the time being of National Westminster Bank PLC compounded quarterly.
5.6. The Customer shall be liable for and shall indemnify the RMP against all reasonable costs and expenses incurred by the RMP in respect of any steps, actions or proceedings made or brought against the Customer by the RMP to obtain payment of outstanding RMP Fees and interest.
6.1. The Customer shall notify the RMP as soon as reasonably practicable after becoming aware of any matter (a “Relevant Matter”) in respect of which the RMP may incur any liability to the Customer in negligence, for breach of these terms and conditions or otherwise. Subject as otherwise provided herein, if the Customer fails to make such notification within two weeks of becoming so aware, it will not be entitled to make any claim against the RMP in relation thereto (and the RMP shall not incur any liability to the Customer in relation to such Relevant Matter). In the event that a Relevant Matter is properly notified as above, and subject as otherwise provided herein, the RMP’s liability to the Customer in respect of any breach of these terms and conditions or for negligence or otherwise shall not exceed the amount of the fees payable by the Customer to the RMP in connection with the Course.
6.2. Notwithstanding any other provision of these terms and conditions, nothing herein will restrict or limit the RMP’s liability for:
6.2.1. death or personal injury caused by the negligence of the RMP; or
6.2.2. fraud or fraudulent misrepresentation; or
6.2.3. any other matter for which it would be illegal or unlawful for the RMP to exclude or attempt to exclude the RMP’s liability.
6.3. The Customer shall indemnify the RMP against any claims, losses or liability made against or incurred by the RMP in connection with its proper carrying out of its obligations to the Customer under the Agreement whether or not caused, directly or indirectly, by reason of the acts or omissions of the Customer provided that, for the avoidance of doubt, the Customer will not be liable to so indemnify the RMP if, and to the extent that, the claim, loss or liability arises as a result of the negligence of the RMP or breach of the terms of the Agreement by the RMP.
6.4. RMP will take all reasonable steps to ensure a child is not hurt by another child (either physically or verbally) during a Course. However RMP cannot be held responsible for the actions of another child and accepts no liability for a child being injured by another child. The RMP accepts no liability for any loss or damage arising from any negligence, misconduct, dishonesty or lack of skill on the part of the Role Models.
7.1. Occasionally, RMP may take photographs or films of children during Courses. RMP may use these images or films in RMP’s marketing materials or in other printed or digital publications that RMP produces, as well as on RMP’s website or in social media. To comply with the Data Protection Act 1988, RMP needs the Customer’s permission before RMP can photograph or film his / her child. Confirmation in the Course registration form (long version sent prior to the Course start date) constitutes the Customer’s consent to such images and films being used.
7.2. With respect to Clause 7.1, the following shall apply:
7.2.1. RMP will not use the personal details or full names (which means first name and surname) of any child or adult in a photographic image or video, on our website, in social media or in any of our other printed or digital publications.
7.2.2. RMP will not include personal e-mail or postal addresses, or telephone or fax numbers on RMP’s website, social media, marketing materials or in other printed or digital publications.
7.2.3. If RMP use photographs or films of individual children, RMP will not use the name of that child in the accompanying text or photo/video caption.
7.2.4. RMP will only use images and films of children who are suitably dressed, to reduce the risk of such images and films being used inappropriately.
8.1. The Agreement shall continue until the Services have been provided as required in accordance with the Registration Form or until terminated at will by either party.
8.2. The Customer may terminate the Agreement if the RMP fails to comply with any aspect of these Conditions and this failure continues for a period of 2 days after notification of non-compliance is given.
8.3. The RMP may terminate the Agreement if the Customer has failed to make any payment due within 1 week of the sum being requested (any such termination being without prejudice to the RMP’s claim for payments owed).
8.4. Either party may terminate the Agreement by notice in writing to the other if:
8.4.1. the other party commits a material breach of these Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
8.4.2. the other party commits a material breach of these Conditions which cannot be remedied under any circumstances.
8.5. In the event of termination the Customer must reimburse the RMP for any expenses incurred, as notified to the Customer by the RMP, up to the date of termination and shall not be entitled to any refund of the RMP Fee already paid and any RMP Fee due at the date of termination and interest thereon and all other sums due to the RMP will immediately become payable in full.
8.6. Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
9.1. All information provided by either party to the other, including but not limited to any personal details relating to the Role Model or the Customer, will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation, without prior written consent of the other or of the Role Model, as the case may be.
9.2. RMP shall process all personal data relating to the Customer and the Customer’s child and other individuals in accordance with the Data Protection Act 1998.
9.3. The Customer hereby consents to the processing of any personal data (including Sensitive Data as defined in the Data Protection Act 1998) relating to the Customer’s child for the purposes required for the delivery of a Course. In particular, but without limitation, the Customer consents to the processing (including gathering, storing and use) by RMP of medical details relating to the Child for the purposes of protecting the health and safety of the child at any Session.
9.4. RMP will take appropriate measures to prevent the unauthorised use or processing, or the loss or destruction of, any personal data that the Customer provides. RMP may use personal data which the Customer provides or which RMP holds about the Customer or Customer’s child or children for the purposes of delivery of a Course and to keep the Customer informed about other services and products provided by us and selected third parties (but RMP will not disclose personal data about the Customer or Customer’s child to any third party except as necessary for the provision of the Session or to comply with overriding statutory obligations).
10.1. Neither party may assign transfer or in any way make over any of its rights or obligations to any third party without the written consent of the other party.
10.2. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing either by letter or email addressed to the other party at its registered office or principal place of business or such address as any at the relevant time has been previously notified to the party giving the notice.
10.3. No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right and no waiver by either party of any breach of the Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.4. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
10.5. It is not intended that any of the terms of this agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to this Agreement.
10.6. This Agreement and any non-contractual obligations arising in connection with it are governed by and construed in accordance with English law.
10.7. The English courts have exclusive jurisdiction to determine any dispute arising in connection with this Agreement, including disputes relating to any non-contractual obligations.