1. The Standard Terms and Conditions: These Terms and Conditions reflect the custom and practice of international schools and form the basis of a legal contract for educational services. The Terms and Conditions are intended to promote the education and welfare of each pupil and the community of UWC Thailand, in whole or in part, and the stability, forward-planning, proper resourcing and development of UWC Thailand.
2. Waiver: Any waiver is effective only if given in writing by the Head personally. The Fees Schedule and the School Rules, as varied from time to time, are part of these Standard Terms and Conditions.
3. The School: The School is UWC Thailand which includes the Secondary School, Primary School, Early Learning Centre and The Tree Club, in Phuket acting by the School Board as now or in the future constituted.
4. The School Board: The School Board means the Governors of the School who are appointed from time to time under the terms of the governing instrument of UWC Thailand and who are responsible for the governance of the School.
5. The Head: The Head is the person appointed by the School Board to be responsible for the students and includes those to whom any of the duties of the Head have been delegated which includes the Chief Executive, Head of School, Deputy Head, Secondary Principal, Primary Principal and others whenever appropriate.
6. The Parents: The parents means any person who has signed the Acceptance Form and/or has accepted parental responsibility for the student’s attendance at the School. Parents are legally responsible, individually and jointly, for complying with their obligations under these terms and conditions. Parents are expected to give their support to the aims of the School and to uphold and promote its good name; to continue the student’s education at home and to ensure that the student maintains appropriate standards of punctuality, behaviour, diligence, language, discipline and dress code.
7. The Student: The student is the child named on the Acceptance Form.
8. Aim of the School: The aim of the School is to foster international mindedness and a meaningful, sustainable way of life. The School welcomes open-minded individuals seeking to realize the highest potential of a good heart, a balanced mind and a healthy body. The School is committed to cultivating genuine happiness and lifelong learning, as it seeks to inspire its community to take positive action and contribute to making the world a better place.
The School is committed to high standards of teaching and care and welcomes parental contact. The School provides an environment in which students are encouraged to participate in work and activities with enthusiasm and commitment and to behave with tolerance and understanding, respecting the needs of others.
9. Changes at the School: A successful school must initiate and respond to change. The acceptance of a place by the parents is given on the basis that, in the interests of the School as a whole, reasonable changes may be made from time to time, to these Standard Terms and Conditions, to the size and location of the School, to its premises and facilities, to the academic and activities curriculum, to the structure and composition of classes and the way the School is run, to the rules and disciplinary framework, to the length of the school terms and the school day and to any other aspect of the School. Fee levels will be reviewed each year and there will be increases from time to time.
Care and Good Discipline
10. Parents’ Authority: The parents authorise the Head to take and/or authorise all decisions that safeguard and promote the student’s welfare.
11. Conduct and Attendance: The School attaches importance to courtesy, integrity, manners and self-discipline. Parents will use their best endeavours to encourage the student to take part in the activities of the School, to attend each school day (unless prevented by fever, infectious diseases or other sickness), to be punctual, work hard, behave properly, to comply with the School’s Rules and to support its ethos and values. Parents agree to ensure that the student will not attend school if the student shows symptoms of an infectious disease.
12. Physical Contact: Parents give their consent to such physical contact between a student and a member of staff as may accord with good practice and be appropriate and proper for teaching and instruction and for providing comfort to a student in distress or to maintain good order, or in connection with the student’s health and welfare.
13. The Student’s Health: Parents will be asked to complete a form of medical declaration concerning the student’s’ health and must declare all significant medical, behavioural, psychological and emotional problems, which might affect the student’s health and/or ability to learn. Parents must inform the Head in writing if the student develops any known medical condition, health problem or allergy or will be unable to take part in games, activities or expeditions or has been in contact with infectious diseases. Students, when entering the School, or where their health is giving cause for concern, may be required to have a medical examination.
14. Medical: The Head may at any time require a medical opinion or certificate as to the student’s general health or require the student to give a biological sample under medical supervision to test for the use of illegal drugs or other substances damaging to health. A record of such sample will not form part of the student’s permanent medical record. The Head may also consent on behalf of the parents to the student receiving emergency medical treatment if the parents cannot be contacted at the time consent is required. All such expenses incurred will be for the parents’ account.
15. The Student’s Participation in Activities: The School is committed to providing an holistic education, therefore, students are expected to participate in physical and outdoor education, co-curricular and extra-curricular activities, and service as part of the School’s curriculum.
16. Liability: Unless negligent or guilty of some other wrongdoing causing injury, loss or damage, the School does not accept responsibility for accidental injury, or other loss caused to the Student or Parents or for loss or damage to property.
17. Authority of the Head: The Head has the following authority: imposition of sanctions including exclusion for non-payment of fees, suspension during investigation or following a breach of school discipline and removal or expulsion under Sections 41 and 42 below. The Head is not responsible for a student who is absent from the School or in breach of school discipline or present on campus unsupervised for reasons other than for School-related activities. It is a condition of remaining at the School that parents and the student accept the School regime and the rules as to appearance and dress and the rules of school discipline that apply from time to time.
18. Code of Behaviour: Each student is supplied with a copy of the School Behaviour Policy, found in the Family Handbook, giving information about the ethos and rules at the School. The purpose of the Behaviour Policy is to provide information and help every student to know what is expected and to encourage courtesy and consideration for others. All parents and each Secondary student should read the Behaviour Policy.
19. School Trips: A variety of School trips are provided for students. Permission will normally be sought from the parents of day students in advance. It is not always possible to contact the parents of boarding students in advance and thus parents of boarders agree to their house staff giving permission for their student to go on a School trip. The student is subject to school discipline in all respects whilst engaged in a school trip or occasions when they can be readily associated with the School. All additional costs of special measures (such as medical costs, taxis, air fares or professional advice) necessary to protect the pupil’s safety and welfare, or to respond to breaches of discipline, will be charged to parents.
Admission to the School
20. Registration and Admission: Students will be registered as candidates for admission and entry into the School when a completed Application Form and the Application Fee are submitted to the Admissions Department. The Application Fee, as set out in the Fee Schedule, must be paid in order to register an application. The fee is non-refundable whether or not the student is admitted to the School. Parents undertake to provide the School with the student’s name as recorded in legal documents e.g. the student’s passport.
21. Entry to the School: Entry to the School will be subject to the availability of a place and the student meeting the entrance criteria and otherwise satisfying the admission requirements applicable at the time. In all cases concerning the availability of a place, entry criteria and assessments, the decision of the Head with regard to admission to the School is final.
22. Entrance Criteria: Parents accept that entry is subject, amongst other matters, to entrance criteria and that the student may be asked to take a test, undertake an observation or be interviewed in order to ascertain whether the entrance criteria have been met. This includes testing for his/her English language proficiency, learning support needs and/or academic level. Parents agree that responses in all testing must be solely those of the student. If it subsequently becomes apparent that this has not been the case, it will lead to the withdrawal of the offer of a place or removal from the School.
23. Communication during the Admissions Process: Unless parents request in writing otherwise, written communication during the admissions process will be by email or telephone. Parents acknowledge that it is their responsibility to inform the Admissions Department of any changes to their contact details. There will be times in the admissions process when parents are asked to respond to the department by a specified deadline. Parents acknowledge that failure to respond, or a late response, may result in their child’s application being removed from the application roll.
24. Offer of a Place and Acceptance by Payment of the Security Deposit, Capital Levy and First Term’s Fees: If, in due course, a place is offered, the Security Deposit, Capital Levy and first Term’s Fees will be payable when the parents accept the offer. The Security Deposit will be forfeited where parents cancel their acceptance after the fees have been paid but prior to the student joining the School. The Security Deposit, Capital Levy and first Term’s Fees will be forfeited if the student joins the school but is withdrawn prior to the end of the first term.
25. Increase in Fees: Where there is an increase in Term Fees in between the time parents sign a Letter of Acceptance and the student starting at the School, the increase applicable to the first Term Fees will be added to the invoice for the following Term’s Fees.
26. Moving between Sections: Progression from Kindergarten to Grade 1 is not automatic. Students must demonstrate suitability to do so. Where progression is deemed unsuitable, the parents and student concerned will be given notice.
27. Disclosure of Nationality: Parents undertake to make full disclosure as to the nationality/citizenship of all applicants – including dual nationality. Furthermore, any change of nationality must be communicated to the School by the parents.
28. Withholding Information: If it subsequently becomes apparent after admission that any information regarding nationality, learning support, special needs or other matter has been withheld, or falsified, during the application process or whilst the student is enrolled at the School, it will lead to the immediate removal of the student from the School without refund of any fees.
Fees and Extras
29. Items Covered: Fees cover the normal curriculum. Other expenses incurred by the School or the student may be charged as extras. Details of fees and extras are set out in the Fees Schedule as varied from time to time. Loss or damage caused by a student may be separately invoiced and must be paid as an extra.
30. Payment of Fees and Extras: Each Term’s fees shall be paid prior to the start of each term and such fees are not refundable in whole or in part. Fees may not be paid by instalments. Parents undertake to pay these fees by the due date as stipulated by the School, and to pay increases from time to time. The onus is upon Parents to provide proof of payment of fees and extras to the School. Parents agree to pay for the cost of any external examination entry fees for those examinations in which a student is entered.
31. Responsibility for Payment: Fees are the joint and several responsibility of each person who has signed the Letter of Acceptance or who has parental responsibility for the student or has paid any fees or has returned the student to the School or given instructions in relation to the student. The School may withhold any information or property while fees are unpaid.
32. Payment of Fees by a Third Party: An agreement with a Third Party to pay the fees or any other sum due to the School does not release parents from any liability under these Standard Terms and Conditions unless an express release has been given in writing by the School and signed by the Head. The School reserves the right to refuse a payment from a Third Party.
33. Late Payment: The School has the right to impose late payment charges, including all related administration and legal costs, for invoices not paid by the due date. The amount outstanding, the late charges and all related costs are payable by the Parents. Cheques delivered to the School after the due date will not be considered as payment until the cheques are cleared. Any sum tendered that is less than the sum due and owing may in any event be accepted by the School as part payment of the amount outstanding.
34. Refund of Fees: Fees will not be refunded or waived for any reason except at the sole discretion of the Head: this includes absence through sickness; or if a term is shortened or a vacation extended; or if a student is released home after public examinations or otherwise before the normal end of Term.
Events Requiring Notice in Writing
35. Notice: Notice to be given by the parents means (unless the contrary is stated in these Standard Terms and Conditions) written notice on or before the publicized date of notification for withdrawal, duly signed by the parents, and addressed to and actually received and acknowledged in writing by the Head. No other notice will suffice.
36. Fees in lieu: Fees in lieu (of notice) means fees for the entire Term at the full rate that would have applied had the student attended the School.
37. Cancelling acceptance: The term fees paid at the time a place is accepted will be immediately forfeited as set out in section 24 if, for any reason, parents cancel their acceptance of a place after signing the Letter of Acceptance. The School shall have the sole discretion to consider cases of serious illness or genuine hardship on written request by the parents.
38. Withdrawal from the School: Notice must be given before a student is withdrawn from the School. If notice is given on or before the publicised date of notification, the Deposit paid will be refunded less any debts owed as at the student’s last day at the School. If notice is given after the publicised date of notification, the Deposit will be retained by the School.
39. Withdrawal from the IB Diploma Programme: Parents agree that, in the case of students following in the International Baccalaureate Diploma Programme, withdrawal from the course up to the end of the second term, even with the requisite period of notice, will result in forfeiture of all fees paid to that date, including the Boarding Fee in the case of boarders, and any unpaid fees will be payable as a debt at the rate applicable.
Removal and Expulsion of a Student
40. Discretion of Head: The decision to exclude, suspend or require removal of or expel a student and the manner and form of any announcement shall be in the sole discretion of the Head. In no circumstances shall the School or its staff be required to divulge to parents or others any confidential information or the identities of students or others who have given information which the Head has acquired during an investigation and which has led to the suspension, the expulsion or the requirement to remove the student.
41. Removal at the request of the School: Parents may be required, during or at the end of a term, to remove the student, without refund of fees, temporarily or permanently from the School if, after consultation with a parent, the Head is of the opinion that the conduct or progress of the student has been unsatisfactory or if the student, in the judgment of the Head, is unwilling or unable to benefit from the educational opportunities offered (or the Head is of the opinion that a parent has treated the School or members of its staff unreasonably) and in any such case the Head has the sole discretion to decide on the removal of the student.
42. Expulsion: A student may be expelled at any time if the Head considers (at his absolute discretion) that the student’s conduct whether on or off School premises or in or out of term time has been prejudicial to good order or school discipline or to the reputation of the School. There will be no refund of fees following expulsion and all unpaid fees must be paid.
43. Review: In the event of the expulsion or the requirement to remove the student, the Head will advise parents of the procedure (of which copies are available on request) under which a written application for a review of the decision may be made.
44. Access: A student who has been withdrawn, excluded, suspended, removed or expelled from the School has no right to enter School premises without the written permission of the Head.
45. Day Students: Day students must reside with one or both parents. If a student is not living with one or both parents or a legal guardian, he/she must apply to join the School’s boarding community or withdraw from the School.
46. Absence of Parents: The School acknowledges that under certain circumstances both parents might be absent from Thailand. In such circumstances, the School requires, in writing, the name, address and telephone number for 24-hour contact of the adult to whom parental responsibility has been delegated. The School will not accept the delegation of parental responsibility to the domestic helper.
47. Breach of Residency Requirements: If parents are found to be in breach of clause 45 or 46, the student may be offered a space in boarding if appropriate or asked to withdraw from the School by the Head without refund of any fees and deposits.
48. School-approved Guardianship: If, after starting a course in the Secondary School, a student requires boarding and there are no spaces available, the parents may apply for permission for the student to reside with a guardian. This is discretionary, and approval must be given by the Head. The student must take up a boarding space as soon as one is available.
49. Guardianship: Each student whose parents live overseas must have an adult guardian in Thailand, who agrees to be responsible for that student on behalf of the parents. A guardian may be a relative, friend of the family or a guardian agency. It is a prerequisite that a guardian is nominated before the student joins UWC Thailand and that is advised of the guardian’s name and contact details.
50. Exclusion from boarding house and day status: The Head may at any time require the removal of the student, temporarily or permanently, from boarding in any of the circumstances described in clause 41 or 42 above. In that event, there will be no refund of fees for the balance of that term.
51. Travel arrangements: The School may charge all administration and other expenses including staff supervision expenses where the School has to make travel or other arrangements for the student before, during or at the end of a term.
52. Fees in lieu of notice: The fees in lieu of notice for a boarder are the Boarding Fees.
53. Leaving school premises: All students must observe School rules in relation to leaving school premises.
54. Liability and insurances: The School undertakes to maintain those insurances that are prescribed by law. All other insurances are the responsibility of Parents. The School shall not be held liable for accidental injury or loss of property. The School is not responsible for the students’ personal property in School, on the way to or from the School or on any School sponsored activity away from the School. The School is not the agent of the parents for any purpose related to insurance.
55. Students’ personal property: Students are responsible for the security and safe use of all personal property and property lent to them by the School. Students’ and their Parents are responsible for ensuring that personal property is clearly marked with the owner’s name.
56. Concerns/complaints: Parents who have cause for serious concern as to matters of safety, care or quality of education must inform the School as soon as practicable.
57. Progress reports: The School monitors each student’s progress and parents will receive regular feedback in accordance with School policy.
58. Learning differences: Where a member of staff has a concern about the progress of a student they will arrange for an assessment to see whether learning support is needed. If it appears that further assessment by an educational psychologist is advisable or the student is faIling behind with studies, parents will be notified. The parents agree that further assessments may be arranged by the School or the parents and at the parents’ expense. The parents acknowledge that our staff are not qualified to make a medical diagnosis of conditions such as those commonly referred to as dyslexia or other learning difficulties. Parents will be asked to withdraw the student without being charged fees in lieu of notice if the Head considers, at his sole discretion, that, after consultation with parents, the School cannot provide adequately for a student’s special educational needs or parents are not willing to provide the support required, without which the School would not be able to meet the student’s needs.
59. Confidentiality: The parents consent on behalf of themselves and the student that the School, its officers and staff may obtain, hold, use and communicate, on a ‘need-to-know’ basis, confidential information which, in their opinion, is material to the safety and welfare of the student and others. The parents consent to the School communicating with any other school which the student has attended, or currently attends or which a parent proposes the student should attend about any matter concerning the student or about payment of fees, whether or not the information being passed on is also held in machine readable form.
The confidentiality obligation of the School shall not apply to:
a) any information which becomes generally known to the public;
b) any information which is, at the time of disclosure, legally in the possession of the School; or
c) any information which is required to be disclosed pursuant to any applicable legal requirement or legal process issued by any court or
d) any competent government authority or rules or regulations or policies of any relevant regulatory body.
60. The use of photographs and images: Parents consent to the School using the students’ work, photographs or other material for purposes such as publicising the School and its students’ achievements.
61. Examinations, reports and references: The School will enter a student’s name for an examination if the Head is satisfied that such is in the best interests of the student. Information supplied to parents and others concerning the progress and character of a student and about examination, further education and career prospects and any references will be given without liability on the part of the School. In certain circumstances, references to other institutions and organisations may be confidential and the contents will not disclosed to parents. Where parents are separated or divorced, reports and other information will be made available to both parents at their requests unless certified true copies of court orders prohibiting the same are produced to the School.
62. Intellectual property: The School reserves all rights and interests in any intellectual property rights arising as a result of the actions of a student in conjunction with any member of staff of the School and/or other pupils at the School for a purpose associated with the School. Any use of any such intellectual property rights by a student is subject to the consent of the School upon terms and conditions acceptable by the School. The School may, at its discretion, allow the student’s role in creation/development of intellectual property rights to be acknowledged.
63. Marketing Material: The Family Handbook, and other marketing material, including but not limited to the School website, describe the broad principles on which the School is presently run and give an indication of our approach, ethos and curriculum content. They are not intended to be legally binding and do not form part of any agreement between the parents and the School.
64. Interpretation: Headings are for ease of reading only and are not otherwise part of the Standard Terms and Conditions.
65. Release from obligations affected by Force Majeure: If by reason of Force Majeure (hereafter defined) the School is rendered unable wholly or in part to perform its obligations, then upon notice in writing of such Force Majeure to the parents as soon as reasonably practicable after the occurrence of the cause relied on, the School shall be released from such obligations to the extent to which they are affected by the circumstances of Force Majeure and for the period during which those circumstances exist.
“Force Majeure” herein means any of the following events:
a) war, invasion, rebellion, revolution, insurrection or civil war;
b) act of Government;
c) earthquakes, fire, lightning, storms, floods, tsunamis or any other occurrence caused by the operation of the forces of nature;
d) strikes, lockouts, boycotts or labour disputes;
e) terrorism, sabotage or arson;
f) epidemic or infectious disease; or
g) any other event similar to any of the foregoing or any other event beyond the control of the School.
66. Limitation of liability: The limit of the School’s liability (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) to the parents or student howsoever incurred, for any and all claims, shall not in the aggregate exceed the fees collected by the School from the respective parents.
67. Entire agreement: These Standard Terms and Conditions and the application form signed by the parents supersede any other prior agreements, either oral or in writing, between the parents and the School. The parents acknowledge that no representation, inducements, promises or agreements, orally or otherwise, have been made by any officers or staff of the School, which are not embodied herein.
68. Partial invalidity: If any Standard Term or Condition is being held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force, without being impaired or invalidated any way.
69. Governing law: These Standard Terms and Conditions shall be governed and construed in accordance with the laws of the Kingdom of Thailand. The School and the parents hereby submit to the non-exclusive jurisdiction of the courts of Thailand.
70. Counterparts: This application may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. This version issued in November 2014 supersedes all previous versions.