guardianship terms and conditions - HMC Projects Scholarship students

1. Definitions

Bright World means Bright World Guardianships Ltd, UK ‘the Parents’ means the parents or guardians of the Student ‘the Student means the student to whom this agreement relates ‘the School’ means the school at which the Student is placed for the time being. ‘the Programme’ means the guardianship services offered to the student by Bright World.

2. Bright World’s obligations

2.1 To undertake, subject to the provisions of Paragraph 3.2, parental responsibility for the Student whilst they are studying at a UK boarding school during term time and any additional periods during which the Student is being provided with homestay accommodation by the school as mentioned below and, in particular, where appropriate, to exercise its discretion on behalf of the Parents where consents are required from the School for activities to be undertaken by the Student.

2.2 To oversee, administer and liaise on behalf of the Parents with the School throughout the duration of the Programme.

2.3 To liaise with the Parents, the School and the Host Family and generally to provide for the welfare of the Student during the Programme.

3. The parents’ obligations and confirmations

3.1 The Parents confirm that Bright World Guardianships are the persons legally and properly entitled to act as guardians to the Student

3.2 The Parents delegate their parental powers and duties to Bright World during the course of the programme provided that Bright World shall be released from all such duties during any periods when the Student is under the direct control of the Parents or is absent from the School or the Host Family for purposes not sanctioned by Bright World or by the School, in particular for purposes arranged by the parents direct.

3.3 To provide any additional authority which may be required by the School to enable it to supply to Bright World all information it may require concerning the Student’s performance and conduct throughout the duration of the programme.

3.4 The Parents authorise Bright World to delegate such parental powers and duties to the School and the Host Family in such a manner and to such an extent as it thinks fit.

3.5 The Parents confirm their understanding of the medical release authorisation on our application form and confirm and undertake with Bright World that the Student has no allergies or special medical conditions which would affect the Students’ medical treatment other than any disclosed separately in writing by the Parents. Bright World may at its discretion attempt to obtain consents from the Parents for serious or emergency medical treatment but this may not be possible, whether because of language difficulties, shortage of time or otherwise, and Bright World will therefore be under no obligation to obtain any such consents from the Parents.

3.6 To be responsible for all fees properly payable in respect of the Programme In accordance with the provisions set out in the fees list.

3.7 The Parents shall not act in such a way as to prevent Bright World from carrying out its obligations under this agreement in a proper and reasonable manner.

3.8 To ensure that the Student complies with all rules, regulations, Terms and Conditions of the School and all other reasonable requirements of the School and, if required by the school, to provide written acceptance of its rules, regulations, Terms and Conditions.

3.9 To ensure that the Student complies with all rules, regulations of Bright World Guardianships as set out in the Student and Parent Handbooks and Student Charter and all other reasonable requirements of regulations and to agree to their child signing this charter and for them to counter sign this Student Charter if required.

3.10 To indemnify Bright World against all costs, claims and other losses which may arise by reason of its reasonable exercise of any discretion or to or other authority given to it by virtue of this Agreement

4. Termination

4.1 Either Bright World or the Parents may terminate this Agreement by giving to the other party at least one clear term’s notice in writing to expire at the end of a term. This means, therefore, that any such notice, whether given during term time or during school holidays, must expire at the end of the following term. If one terms notice is not given, the Parents will be liable for one terms Guardianship fees as set out in the fees sheet.

4.2 In the event of the Student being expelled by the School in accordance with its rules and regulations or if they are withdrawn from the school for any reason, Bright World shall, if necessary, immediately be released from all its obligations to the Parent or the Student under the terms of this Agreement and the Parent shall not be entitled to any refund of fees. Any fresh arrangement for the Student following expulsion must be the subject of separate negotiation between the Parents and Bright World.

4.3 In the event of the Student not being expelled by the School but the Student being guilty of persistent unreasonable behaviour or behaviour of a seriously unreasonable nature, under circumstances where Bright World acting reasonably shall no longer be prepared to accept responsibility for the Student, then Bright World may terminate this agreement forthwith by notice in writing to the parents in which event Bright World shall immediately be released from all its obligations from the parents or the Student under the terms of this agreement and the Parents shall not be entitled to any refund of fees.

5. Change of school

5.1 Bright World will act in accordance with any reasonable requirement of the Parents in connection with any change of school for the Student and in particular Bright World will not transfer the Student to another school without the written consent of the parents.

6. English Law

6.1 This Agreement and any agreement with the School or the Host Family and any other matters relating to the Programme shall be subject to English Law and the Parents undertake to submit to the jurisdiction of English Courts in respect of any matters arising out of any of them. The parents acknowledge that English Law may be different from the law of their own country, e.g. in respect of race relations or sex discrimination.

 7. Exclusion of Bright World’s liability

7.1 As the School will be selected only with the consent of the Parent, Bright World cannot accept any responsibility to the Parents or the Student for any acts or omissions of the School relating to the Student.

7.2 Where the parent has opted for the Relax & Revise programme or other holiday course organised by another organisation the parents acknowledge that Bright World cannot take responsibility for any ommissions on their part as whilst on the course the other organisation’s Terms and Conditions apply.

7.4 Whilst Bright World will be pleased to assist the Student and the Parents in obtaining any visas and any other entry or re-entry documents which may be required for the Student, or in complying with any statutory entry or re-entry requirements, Bright World cannot accept any responsibility for such matters and any legal responsibility shall rest with the Student and the Parents.

7.5 Bright World cannot accept any responsibility generally for acts carried out in exercising its powers and duties under this Agreement or any omissions relating thereto, except insofar as such acts or omissions are in contravention of this Agreement.

7.6 For the avoidance of doubt, Bright World cannot accept any responsibility to the School for any acts or omissions of the Student and it is recommended therefore that each student carry his own third party insurance.

7.7 If there is an outbreak of any infectious or contagious disease in your country, in the UK or at your child’s school and or if your child contracts a contagious disease and we are asked to accommodate them, whilst we will make every effort to find accommodation for your child, we cannot guarantee it and we would recommend following PHE advice and for them to be isolated at school. 

If the school requires your child to leave for any reason, including the school closing due to a pandemic or contagious outbreak, we will accept your child into our care for as long as is needed and pending the arrangements of your child’s travel home. The cost of the return airfare and any costs incurred accommodating your child in such circumstances will be reimbursed by you.

In the event of a temporary school closure, guardianship services will continue as normal until it reopens, with staff, host families, drivers and Local Coordinators being retained and on standby ready for the reopening of the school. No reimbursement of fees is due.

8. Promotional Material

Sometimes we take photographs for us to use for identification purposes, for sending back to you in our reports and from time to time would like to use these in promotional material such as this brochure, the student handbook or our website. If you do not agree to this, you must inform us in writing.

9. Entire Agreement Clause

This agreement and any schedules and documents referred to constitute the entire agreement and understanding between us Bright World and you the Parents in relation to the subject matter thereof. Without prejudice to any variation, this Agreement shall supersede any prior promises, agreements, representations, undertakings or implications whether made orally or in writing between you and us relating to the subject matter of this Agreement but this will not affect any obligations contained in any such prior agreement which are expressed to continue after termination.

10. General

In the event of any provisions of this Agreement being held to be void or unenforceable such provision shall be deemed to be severable so that the remaining parts of this Agreement shall remain in full force and effect to the exclusion of the void or unenforceable provision.