THE HIGH SCHOOL AT ROSEMARY HILL (hereinafter referred to as “the School”), a common law universitas, herewith disclose the following information to you, the Applicants:
1.1 Principal place of business: 147 & 148 Mooiplaats, 367 JR Gauteng.
1.2 Telephone number: (012) 802 1175; email: info@thehighschool.co.za
1.3 The School is registered with the Department of Education under no: 210922
1.4 The School is a member of the Independent School Association of South Africa (ISASA)
I, the father and/or mother and/or guardian and the learner (hereinafter referred to as “the Applicant”), the details of whom are contained in Part A of the agreement attached hereto,
(the parties collectively referred to as “the Parties”)
By signing this application, the Applicant hereby acknowledges and agrees to the terms and conditions of this agreement.
1. The Applicant certifies that the information provided in the application and agreement is complete and accurate and any change to any of the information (including but not limited to the Applicant’s marital status, residential status or employment status) will not alleviate the rights and obligations of the agreement and that any such change will be reported to the School in writing within 30 (thirty) days to enable the School to update its records.
2. The agreement will be deemed to be concluded upon the acceptance hereof by the School’s Management and enrolment of the Learner by the School and will constitute the whole agreement between the Parties and no amendment, alteration, addition, variation, representation or warranties, whether expressed or implied, will be of any force or effect unless reduced to writing.
3. The Applicant will be bound by the enrolment process, terms and conditions, rules, regulations, policies and procedures of the School as laid down by the Board, its Executive Committee and/or its Management from time to time.
4. The Applicant declares by signing this enrolment agreement, that he has read and discussed the School’s Code of Conduct and Dress Code attached hereto as Addendum A with the Learner and agree and undertake to be bound by the School’s Code of Conduct as well as any further amendments thereto.
5. All learners enrolled at the School will be subject to a three (3) month probation period during which time either Party may terminate the agreement with immediate effect and no reason has to be furnished by either Party for the termination.
6. All correspondence and notices sent by the School to the Applicant may be delivered by hand, either directly or via the Learner, or via email to the address as specified in the parents’ personal information in this agreement. The correspondence will be deemed to have been received on the date of delivery by hand, or on dispatch, if sent to the Applicant’s email address during normal business hours (or on the first business day after the day it was dispatched, if dispatched outside normal business hours). Notwithstanding anything to the contrary contained in this clause, a written notice or communication actually received by the Applicant will be an adequate service of such written notice or communication to it notwithstanding that it was not sent to or delivered or served at its chosen address.
7. By signing this application, the Applicant consents that the School may conduct whatever enquiries may be referencing or risk assessment process in accordance with the Credit Act of 2005. This means that the School may utilise the personal information provided by the Applicant, including personal information, and request and receive information about the Applicant and his credit record from registered credit bureaus in order to determine whether he will be in a position to meet the obligations under this Agreement.
8. The Applicant also consents to and acknowledges the following:
a. The personal information in this application will be processed in order to conclude the agreement as stipulated in section 11 of the Protection of Personal Information Act 4 of 2013 (hereinafter referred to as “POPI).
b. The consent is effective immediately and will remain effective until such consent is withdrawn.
c. The School and its employees/staff will have access to the Applicant’s personal details which were provided by the Applicant in Part A of this application and will be used in relation to a school-related function or activity.
Fees and Charges
9. The Applicant declares that he is in a financial position to pay the school fees as adopted.
10. The Applicant acknowledges that the school fees at the time of entering into this agreement (but excluding any additional fees, subscriptions and levies) amount to R____________ per calendar year, payable in twelve (12) equal monthly instalments of R__________.
11. School fees, subscriptions and levies are payable monthly in advance, by the first day of the month. Payment of monthly fees is not subject to presentation of a statement. Payments are made in accordance with the applicable fee structure of the School.
12. School fees are subject to an annual increase and the Applicant undertake to pay such amended school fees as and when they become due. The Applicant will also be liable to pay all increases in such additional fees including, but not limited to, subscriptions and levies which may be imposed from time to time.
13. All incidental expenses incurred during the course of the calendar year including, but not limited to books, materials, transport and/or services, will be due and payable as and when charged and upon presentation to the Applicant of a statement of account.
14. In the event of late or non-payment of any fee, subscription or levy, the Applicant will be held liable for all charges and necessary disbursements the School has had to incur inclusive of, but not limited to the payment of bank charges. Additionally, the Applicant specifically agrees to the School’s late payment charge of R350, per late or non-payment. Interest at the Prescribed Rate of Interest Act 55 of 1975 will be payable on the capital amount outstanding as well as the late payment charge from the date it has become due, until it has been paid. The Applicant further acknowledges that the account may be handed over to attorneys for collection and/or he may be listed with a credit bureau. The School will be entitled to recover all legal costs incurred by it, which will include, but not be limited to attorney charges on a scale as between attorney and own client, collection fees, tracer charges in order to enforce its rights under this agreement.
15. The Applicant agrees to the upfront payment of a non-refundable enrolment fee of R____________, which fee is payable within _____ working days of acceptance. Non-payment will result in withdrawal of the enrolment.
Termination
16.1 Termination by the Applicant
16.1.1 The Applicant undertakes to provide the School with three (3) calendar months’ written notice of intention to terminate the Agreement. In the alternative, the Applicant understands and agrees that three (3) months’ school fees will be billed and payable in lieu of (instead of) notice, irrespective of the reason for the termination of the agreement.
16.1.2 The Applicant understands that the School will not accept any form of termination other than notice in writing of intention to terminate the agreement and will continue to bill all school fees until such proper notice is received.
16.2 Termination by the School
Upon the Applicant’s failure to cure any default in respect of any provision of this agreement or any annexures thereto, the School, having provided the Applicant with twenty (20) days prior written notice to cure such default may:
16.2.1 refuse the learner entry to the School’s premises until such default has been cured; and/or
16.2.2 terminate this agreement; and/or
16.2.3 take whatever legal steps may be necessary.
Limitation of liability
17. The School undertakes to implement reasonable and general acceptable measures with regard to the safety and wellbeing of all learners and visitors to the School. Due to the nature of the matter, the School do not accept any responsibility for accidents that may take place in class, on the sports grounds or any property of the School. The Applicant therefore agrees to hold the School harmless and indemnify (to the full extent permitted by the law) the School against all and any claims (including expenses, costs and attorney’s fees) whether in respect of damages, or otherwise resulting from, or arising out of any event or thing whatsoever that may occur to, or in connection with the Learner including, but not limited to injury, death, illness or accident. Said indemnification including without limitation the Board of Trustees, officers, staff members, teachers, administrators and any other person assisting the School in any way whatsoever.
18. The Applicant understands and accepts that should the Learner leave the School premises with or without the necessary permission, the School will accept no responsibility for anything that might happen to the Learner.
19. The Applicant understands that personal possessions of the Learner are not covered in any risk insurance by the School and that the parents/legal guardians are responsible for the arrangement of adequate cover for the Learner’s personal possessions.
20. The Applicant accepts liability for any loss or damage suffered by the School arising from any conduct of the Learner, howsoever caused.
21. The Applicant acknowledges that in certain situations there may be insufficient time to contact parents/guardians, or to refer to medical records, and consequently the School representative is authorised to utilise the most appropriate medical services available, and act in the Applicant’s stead (in loco parentis) which may include calling of an ambulance or hospitalisation, if necessary.
22. The Applicant accepts that he will be held liable for the payment of medical and/or hospital expenses. The Applicant authorises the School to disburse on his behalf, such amounts that may be required in respect of emergency medical treatment and undertake to reimburse the School immediately upon the issuing of a statement of account.
General
23. The Applicant agrees that in the event that any provision of this agreement is found or shall become invalid or unenforceable in whole or in part for any reason whatsoever, the remaining provisions will, nevertheless, be valid and binding as if such invalid or unenforceable provision had not been contained in this agreement.
24. The Applicant has read, understood and agrees to all the rules and conditions.
25. The Applicant chooses as domicilium citandi et executandi (place where any legal documents can be served) as the address(es) as fully set out in Part A hereto.
26. The Parties agree that the agreement is subject to South African Law.