Events outside of our, or your, control. (a) What we mean by an "event outside of our/your control". We mean any event beyond either your or our reasonable control including, by way of example and for the avoidance of doubt, acts of God, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction (including that of a local authority), accident, fire, flood, storm, pandemic or epidemic of any disease, terrorist attack, chemical or biological contamination. In the remainder of this Clause 16 we shall refer to these as an "event". (b) What happens if we are affected by an event outside of our control? If an event beyond our control arises which prevents or delays the School's performance of any of its obligations under this contract, the School shall give you notice in writing specifying the nature and extent of the circumstances giving rise to the event. Provided that the School has acted reasonably and prudently to prevent and/or minimise the effect of the event and subject to Clause 16(c), the School will not be responsible for not performing those of our obligations which are prevented or delayed by, and during the continuance of, the event. To the extent reasonably practicable in the circumstances the School shall try during the continuance of the event to continue to provide educational services (including by providing appropriate educational services remotely). (c) What happens if your child is affected by an event outside of your control? Subject to Clause 5(g), if your child is physically unable to attend (or is likely not to be physically able to attend) the School due to reasons caused by an event you shall give the School notice in writing of such circumstances and the following provisions shall apply: (i) in consultation and cooperation with the School you shall do everything you reasonably can to minimise the impact of the event in order to continue to perform your obligations under this contract in any way that is reasonably practicable in the circumstances; and resume the performance of the obligations as soon as reasonably possible; (ii) in circumstances where, following the efforts made and steps taken under (i) above, your child is not able to participate and benefit from any level of provision of education by the School then you shall write to the Head giving the reason(s) why your child can no longer attend school. You shall not be responsible for failing to perform your obligations during the continuance of the event and the Head will, in their absolute discretion, decide any request for refund/partial refund/waiver of your fee liabilities during the continuance of the event.
Appears in 2 contracts
Samples: Parent Contract, Parent Contract
Events outside of our, or your, control. (a) What we mean by an "event outside of our/your control". We mean any event beyond either our/your or our reasonable control including, by way of example and (including for the avoidance of doubt, doubt acts of God, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction (including that of a local authority), accident, fire, flood, storm, pandemic or epidemic of any disease, terrorist attack, chemical or biological contamination). In the remainder of this Clause 16 clause we shall refer to these as an "“event"”.
(b) What happens if we are affected by an event outside of our control? If an event beyond our control arises which prevents or delays the School's performance of any of its obligations under this contract, the School shall give you notice in writing specifying the nature and extent of the circumstances giving rise to the event. Provided that the School has acted reasonably and prudently to prevent and/or minimise the effect of the event and subject to Clause 16(c)event, the School will not be responsible for not performing those of our obligations obligations, which are prevented or delayed by, and during the continuance of, the event. To the extent it is reasonably practicable in the circumstances the School shall try will endeavour during the continuance of the event to continue to provide educational services (including by providing appropriate educational services remotely).
(c) What happens Subject to Clause 14(b) if the School is prevented from performance of all of its obligations as a result of an event for a continuous period greater than six months, the School shall notify you of the steps it shall take to ensure performance of the agreement and you shall then, following receipt of such notice, be entitled to cancel the agreement on written notice and without giving a term’s notice or paying fees in lieu.
(d) Subject to Clause 3(g), in the event that your child is affected by an event outside of your control? Subject to Clause 5(g), if your child is physically unable to attend (or is likely not to be physically able to attend) the School due to reasons caused by an event you shall give the School notice in writing of such circumstances and the following provisions shall will apply:
(i) 1. , in consultation and cooperation with the School you shall do everything you reasonably can to minimise School, use reasonable endeavours to:
a). mitigate the impact effect of the event in order to continue to perform your the obligations under this contract agreement in any way that is reasonably practicable in the circumstances; circumstances (such that your child can still participate and benefit from the provisions of education by the School, including for example participating remotely): and
b). resume the performance of the obligations as soon as reasonably possible;
(ii) in circumstances where, following the efforts made and steps taken under (i) above, your child is not able to participate and benefit from any level of provision of education by the School then you shall write to the Head giving the reason(s) why your child can no longer attend school. You shall not be responsible for failing to perform your obligations during the continuance of the event and the Head will, in their absolute discretion, decide any request for refund/partial refund/waiver of your fee liabilities during the continuance of the event.
Appears in 1 contract
Samples: Parent Contract
Events outside of our, or your, control. (a) What we mean by an "event outside of our/your control". We mean any event beyond either your or our reasonable control including, by way of example and for the avoidance of doubt, acts of God, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction (including that of a local authority), accident, fire, flood, storm, pandemic or epidemic of any disease, terrorist attack, chemical or biological contamination. In the remainder of this Clause 16 15 we shall refer to these as an "event".
(b) What happens if we are affected by an event outside of our control? . If an event beyond our control arises which prevents or delays the School's performance of any of its obligations under this contract, the School shall give you notice in writing specifying the nature and extent of the circumstances giving rise to the event. Provided that the School has acted reasonably and prudently to prevent and/or minimise the effect of the event [and subject to Clause 16(c15(c)], the School will not be responsible for not performing those of our obligations which are prevented or delayed by, and during the continuance of, the event. To the extent reasonably practicable in the circumstances the School shall try during the continuance of the event to continue to provide educational services (including by providing appropriate educational services remotely).
(c) Circumstances in which we may refund fees to you. If the School is wholly unable to perform its obligations under this contract for one of the reasons listed in the appendix to the Schedule of Fees for a continuous period of more than fourteen (14) consecutive days, you shall not be required to pay the fees for the period of the term affected, prorated proportionately. Accordingly, and as the case may be, if the fees for the period of the term affected:
(i) have already been paid, then you will be refunded such proportion of the fees; or
(ii) have not been paid because the period of the term affected includes the first day of the term (and fees only became due on the first day of the term) then you shall not be required to pay such proportion of the fees. If (ii) above applies, then the balance of the fees for the term affected shall be paid by you to the School on the date when the School resumes performance of its obligations under this contract.
(d) Events lasting more than 6 months. If the School is prevented from performing all of its obligations as a result of an event for a continuous period of more than six (6) months, the School shall notify you of the steps it plans to take to ensure performance of the contract after such period and you shall then, following receipt of such notice, be entitled to end this contract on written notice to the School and without giving a term's notice or paying fees in lieu of notice.
(e) What happens if your child is affected by an event outside of your control? . Subject to Clause 5(g4(h), if your child is physically unable to attend (or is likely not to be physically able to attend) the School due to reasons caused by an event you shall give the School notice in writing of such circumstances and the following provisions shall apply:
(i) in consultation and cooperation with the School you shall do everything you reasonably can to minimise the impact of the event in order to continue to perform your obligations under this contract in any way that is reasonably practicable in the circumstances; and resume the performance of the obligations as soon as reasonably possible;
(ii) in circumstances where, following the efforts made and steps taken under (i) above, your child is not able to participate and benefit from any level of provision of education by the School then you shall write to the Head giving the reason(s) why your child can no longer attend school. You shall not be responsible for failing to perform your obligations during (including the continuance of the event and the Head willobligation to pay fees, in their absolute discretion, decide any request for refund/partial refund/waiver of your fee liabilities pro-rated accordingly) during the continuance of the event; and
(iii) if the event continues to prevent your child from attending the School or being able to participate and benefit from any level of provision of education by the School for more than six (6) months you shall discuss with the School a solution by which this contract may be performed and, following such discussions, you shall be entitled to cancel the contract on written notice to the School and without giving a term's notice or paying a term's fees in lieu of notice.
Appears in 1 contract
Samples: Educational Services
Events outside of our, or your, control. (a) What we mean by an "event outside of our/your control". We mean any event beyond either your or our reasonable control including, by way of example and for the avoidance of doubt, acts of God, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction (including that of a local authority), accident, fire, flood, storm, pandemic or epidemic of any disease, terrorist attack, chemical or biological contamination. In the remainder of this Clause 16 15 we shall refer to these as an "event".
(b) What happens if we are affected by an event outside of our control? . If an event beyond our control arises which prevents or delays the School's performance of any of its obligations under this contract, the School shall give you notice in writing specifying the nature and extent of the circumstances giving rise to the event. Provided that the School has acted reasonably and prudently to prevent and/or minimise the effect of the event [and subject to Clause 16(c15(c)], the School will not be responsible for not performing those of our obligations which are prevented or delayed by, and during the continuance of, the event. To the extent reasonably practicable in the circumstances the School shall try during the continuance of the event to continue to provide educational services (including by providing appropriate educational services remotely).
(c) Circumstances in which we may refund fees to you. If the School is wholly unable to perform its obligations under this contract for one of the reasons listed in the appendix to the Schedule of Fees for a continuous period of more than fourteen (14) consecutive days, you shall not be required to pay the fees for the period of the term affected, prorated proportionately. Accordingly, and as the case may be, if the fees for the period of the term affected:
(i) have already been paid, then you will be refunded such proportion of the fees; or
(ii) have not been paid because the period of the term affected includes the first day of the term (and fees only became due on the first day of the term) then you shall not be required to pay such proportion of the fees. If (ii) above applies, then the balance of the fees for the term affected shall be paid by you to the School on the date when the School resumes performance of its obligations under this contract.
(d) Events lasting more than 6 months. If the School is prevented from performing all of its obligations as a result of an event for a continuous period of more than six (6) months, the School shall notify you of the steps it plans to take to ensure performance of the contract after such period and you shall then, following receipt of such notice, be entitled to end this contract on written notice to the School and without giving a term's notice or paying fees in lieu of notice.
(e) What happens if your child is affected by an event outside of your control? . Subject to Clause 5(g4(h), if your child is physically unable to attend (or is likely not to be physically able to attend) the School due to reasons caused by an event you shall give the School notice in writing of such circumstances and the following provisions shall apply:
(i) in consultation and cooperation with the School you shall do everything you reasonably can to minimise the impact of the event in order to continue to perform your obligations under this contract in any way that is reasonably practicable in the circumstances; and resume the performance of the obligations as soon as reasonably possible;
(ii) in circumstances where, following the efforts made and steps taken under (i) above, your child is not able to participate and benefit from any level of provision of education by the School then you shall write to the Head giving the reason(s) why your child can no longer attend school. You shall not be responsible for failing to perform your obligations during (including the continuance of the event and the Head willobligation to pay fees, in their absolute discretion, decide any request for refund/partial refund/waiver of your fee liabilities pro-rated accordingly) during the continuance of the event; and
(iii) if the event continues to prevent your child from attending the School or being able to participate and benefit from any level of provision of education by the School for more than six (6) months you shall discuss with the School a solution by which this contract may be performed and, following such discussions, you shall be entitled to cancel the contract on written notice to the School and without giving a term's notice or paying a term's fees in lieu of notice.
Appears in 1 contract
Samples: Educational Services
Events outside of our, or your, control. (a) What we mean by an "event outside of our/your control". We mean any event beyond either our/your or our reasonable control including, by way of example and (including for the avoidance of doubt, doubt acts of God, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction (including that of a local authority), accident, fire, flood, storm, pandemic or epidemic of any disease, terrorist attack, chemical or biological contamination). In the remainder of this Clause 16 clause we shall refer to these as an "“event"”.
(b) What happens if we are affected by an event outside of our control? If an event beyond our control arises which prevents or delays the School's performance of any of its obligations under this contract, the School shall give you notice in writing specifying the nature and extent of the circumstances giving rise to the event. Provided that the School has acted reasonably and prudently to prevent and/or minimise the effect of the event and subject to Clause 16(c)event, the School will not be responsible for not performing those of our obligations obligations, which are prevented or delayed by, and during the continuance of, the event. To the extent it is reasonably practicable in the circumstances the School shall try will endeavour during the continuance of the event to continue to provide educational services (including by providing appropriate educational services remotely).
(c) What happens if Subject to Clause 14(b) iIf the School is wholly and completely prevented from performance of all of its obligations as a result of an event for a continuous period greater than six months, the School shall notify you of the steps it shall take to ensure performance of the agreement and you shall then, following receipt of such notice, be entitled to cancel the agreement on written notice and without giving a term’s notice or paying fees in lieu.
(d) Subject to Clause 3(ng), in the event that your child is affected by an event outside of your control? Subject to Clause 5(g), if your child is physically unable to attend (or is likely not to be physically able to attend) the School due to reasons caused by an event you shall give the School notice in writing of such circumstances and the following provisions shall will apply:
(i) 1. , in consultation and cooperation with the School you shall do everything you reasonably can to minimise School, use reasonable endeavours to:
a). mitigate the impact effect of the event in order to continue to perform your the obligations under this contract agreement in any way that is reasonably practicable in the circumstances; circumstances (such that your child can still participate and benefit from the provisions of education by the School, including for example participating remotely): and
b). resume the performance of the obligations as soon as reasonably possible;
(ii) 2. in circumstances where, following the efforts made and steps taken under (i) aboveClause 14(d)(i)1, your child is not able to participate and benefit from any level of provision of education by the School then you shall write to the Head giving the reason(s) why your child can no longer attend school. You shall will not be responsible liable for failing to perform non-performance of your obligations (including the obligation to pay fees, pro-rated accordingly) during the continuance of the eventforce majeure;
(iii) 3. if the event and continues to n the Head will, in their absolute discretion, decide any request for refund/partial refund/waiver of your fee liabilities during the continuance event of the eventforce majeure continuing to prevent your child from attending the School or being able to participate and benefit from any level of provision of education by the School (whether at School or remotely) for more than six months you will discuss with the School a solution by which this agreement may be performed and, following such discussions, you will be entitled to cancel the agreement on written notice and without giving a term’s notice or paying a term’s fees in lieu.
Appears in 1 contract
Samples: Parent Contract
Events outside of our, or your, control. (a) What we mean by an "event outside of our/your control". We mean any event beyond either our/your or our reasonable control including, by way of example and (including for the avoidance of doubt, doubt acts of God, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation regulation, or direction (including that of a local authority), accident, fire, flood, storm, pandemic or epidemic of any disease, terrorist attack, chemical or biological contamination). In the remainder of this Clause 16 clause we shall refer to these as an "“event"”.
(b) What happens if we are affected by an event outside of our control? If an event beyond our control arises which prevents or delays the School's performance of any of its obligations under this contract, the School shall give you notice in writing specifying the nature and extent of the circumstances giving rise to the event. Provided that the School has acted reasonably and prudently to prevent and/or minimise the effect of the event and subject to Clause 16(c)event, the School will not be responsible for not performing those of our obligations obligations, which are prevented or delayed by, and during the continuance of, the event. To the extent it is reasonably practicable in the circumstances the School shall try will endeavour during the continuance of the event to continue to provide educational services (including by providing appropriate educational services remotely).
(c) What happens if If the School is wholly and completely prevented from performance of all its obligations as a result of an event for a continuous period greater than six months, the School shall notify you of the steps it shall take to ensure performance of the agreement and you shall then, following receipt of such notice, be entitled to cancel the agreement on written notice and without giving a term’s notice or paying fees in lieu.
(d) Subject to Clause 3(n), in the event that your child is affected by an event outside of your control? Subject to Clause 5(g), if your child is physically unable to attend (or is likely not to be physically able to attend) the School due to reasons caused by an event you shall give the School notice in writing of such circumstances and the following provisions shall will apply:
(i) in consultation and cooperation with the School you shall do everything you reasonably can School, use reasonable endeavours to minimise mitigate the impact effect of the event in order to continue to perform your the obligations under this contract agreement in any way that is reasonably practicable in the circumstances; circumstances (such that your child can still participate and benefit from the provisions of education by the School, including for example participating remotely): and resume the performance of the obligations as soon as reasonably possible;
(ii) in circumstances where, following the efforts made and steps taken under (i) aboveClause 14(d)(i), your child is not able to participate and benefit from any level of provision of education by the School then you shall write to the Head giving the reason(s) why your child can no longer attend school. You shall will not be responsible liable for failing to perform non-performance of your obligations during (including the continuance of the event and the Head willobligation to pay fees, in their absolute discretion, decide any request for refund/partial refund/waiver of your fee liabilities pro-rated accordingly) during the continuance of the event;
(iii) if the event continues to prevent your child from attending the School or being able to participate and benefit from any level of provision of education by the School (whether at School or remotely) for more than six months you will discuss with the School a solution by which this agreement may be performed and, following such discussions, you will be entitled to cancel the agreement on written notice and without giving a term’s notice or paying a term’s fees in lieu.
Appears in 1 contract
Samples: Parent Contract
