Terms and Conditions for Inclusive Arts and/or Assistive Technology Sessions
For use where sessions are given on a flexible or ‘pay as you go’ basis and for sessions delivered as regular fixed term contracts.
Sessions will be delivered with the information below being agreed between the Facilitator/s and the Client (or the Client’s parent, carer, or teacher) in advance of each session:
Day and Time of Sessions: ________________
Frequency of Sessions: ________________
Date of first Sessions: ________________
Location of Sessions: ________________
Sessions will generally be charged at the rate of £ 90 per hour, pro rata, per practitioner, for any part of an hour. These rates may vary slightly depending on the client group and specialisms involved.
Please see below for set rates per practitioner:
|Session Length||60 Minutes||Half a day||Full day|
Please note that these fees do not include travel time.
Forget-Me-Not-Productions may increase the fees from time to time and will give written notice of such an increase to the Client (or the Client’s parent. carer, or staff member where appropriate) at least one week prior to the increase taking effect.
Terms and Conditions
The Conditions set out below will apply to this Agreement.
When this Agreement has been signed by both the facilitator and the Client/s or the Client’s parent, carer, or staff member it will constitute a legally binding personal contract between the signatories.
However, the Client (or the Client’s parent, carer, or staff member) will have the right to cancel this Agreement within 14 days from the day after the date of this Agreement by giving written notice of cancellation to Forget-Me-Not-Productions. If the Client would like sessions to begin within the 14-day cancellation period, the Client (or parent, carer, or staff member) must provide Forget-Me-Not-Productions with written confirmation of this. If the Agreement is then cancelled within the 14-day cancellation period, the Client is required to pay the fees for any sessions delivered and any other fees paid to the Forget-Me-Not-Productions will be refunded.
Once the 14-day cancellation period has expired, the Agreement will remain in force continuously unless terminated in accordance with Condition 5 below.
I (the Client or the Client’s parent or carer) accept the offer of inclusive arts/assistive technology for ___________________ (Client) on the terms and conditions set out herein and agree to be bound by them until termination of this Agreement.
Signed: _____________________ Date: ___________________
(Client or, if the Client is under
18, the Client’s parent or carer)
Terms and Conditions
Forget-Me-Not-Productions will give the sessions at the specified location. The date and time of each session will be agreed in advance of each session by Forget-Me-Not-Productions and the Client (or the Client’s parent, carer, or staff member). The agreement should be confirmed in writing.
- Payment of Fees
The Client (or the Client’s parent, carer, or staff member) will pay for each session 28 days after invoice is received.
- Cancelled or Missed Sessions
Forget-Me-Not-Productions will charge for any scheduled sessions which the Client does cancels, unless either i) the Client (or the Client’s parent, carer, or staff member) has given Forget-Me-Not-Productions at least 48 hours’ written notice or ii) Forget-Me-Not-Productions chooses not to do so because of exceptional circumstances. If Forget-Me-Not-Productions cancels a scheduled session, the Client (or the Client’s parent, carer, or staff member) may choose between (i) receiving a replacement session at the nearest convenient date for both parties or (ii) missing this particular session.
- Termination of Agreement
- This Agreement may be ended by mutual consent at any time by both signatories to it signing and dating a written statement to that effect.
- Where fees are not paid on time, Forget-Me-Not-Productions reserves the right, entirely at Forget-Me-Not-Productions discretion, to terminate this Agreement with immediate effect by giving written notice of termination to the Client or Client’s parent, carer, or staff member. This right to terminate is without prejudice to any other rights Forget-Me-Not-Productions may have.
- Either signatory to this Agreement may terminate the Agreement by giving notice in writing to the other signatory. Such termination will take effect immediately, except that if a session is scheduled to take place within 48 hours of notice being given by the Client or the Client’s parent, carer, or staff member that session must be paid for.
If Forget-Me-Not-Productions, in reasonable opinion, feels unable to continue the sessions on account of unreasonable conduct by the Client or anyone connected with the Client, the fees for any outstanding sessions will not be refundable.
- Communication Between the Parties
For the purposes of Conditions 1 and 3 written notice may be given on paper, by email or by SMS text message, provided that, in the case of an SMS text message, the recipient acknowledges receipt of the text. For the purposes of Conditions 5 and 7 any written notice, statement or agreement must be recorded on paper or by email (and not by SMS text message).
- Any changes to the terms of this Agreement must be confirmed in writing and signed and dated by both Forget-Me-Not-Productions and the Client (or the Client’s parent, carer, or staff member).
- If Forget-Me-Not-Productions chooses to waive any right or remedy under this Agreement or otherwise (for example, if Forget-Me-Not-Productions chooses to waive fees for any sessions which the Client does not attend) this shall not mean that they must do so in future or that they waive any other rights or remedies, unless agreed in writing in accordance with Condition 7(a) above.
- Governing Law and Jurisdiction
This Agreement shall be subject to the laws of the jurisdiction of the location for the sessions (specified above) and the signatories to this Agreement agree that any dispute relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
Online Sessions Addendum
This Addendum is hereby and herewith incorporated into the Agreement for Inclusive Arts and/or Assistive Technology sessions dated __________________between __________________ (Forget-Me-Not-Productions ) and __________________ (Client or Client’s Parent/Guardian) (“the Agreement”).
- Location of Sessions
Forget-Me-Not-Productions shall give sessions to the Client in accordance with the Agreement. If Forget-Me-Not-Productions and the Client cannot meet in person at any physical location in the Agreement for reasons beyond the control of the parties, tuition will be given to the Client via an online platform as agreed by the parties for a period to be agreed by the parties in writing during which the terms of this Addendum will apply. If the location given in the Agreement is ‘Online’ all sessions shall be given online in accordance with the terms of the Agreement and this Addendum.
- Timetable and duration of sessions
The session timetable and session duration shall be as specified in the Agreement. Forget-Me-Not-Productions and Client or Client’s Parent/Guardian may agree to vary the timetable and duration of sessions subject to written confirmation by each party to any agreed changes.
- Additional Sessions
Forget-Me-Not-Productions and Client or Client’s Parent/Guardian may agree at any time to schedule additional online sessions, which shall be paid at a rate agreed in writing by Forget-Me-Not-Productions and the Client/Client’s Guardian/Parent.
- Client’s teaching environment and equipment
- The Client or Client’s Parent or Guardian shall be responsible for a suitable location for online sessions.
- The Client or Client’s Parent/Guardian shall be responsible for provision of technology suitable for the online sessions and shall ensure that any applications or other assistive technology specified by Forget-Me-Not-Productions for the session delivery is installed and tested before online sessions commence. Practitioners are not responsible for the loan or supply of any equipment or materials, unless agreed in writing in advance.
- Forget-Me-Not-Productions is not liable for any delays or disruptions caused by technical difficulties of whatever nature at the Client’s home or their location for the sessions. Forget-Me-Not-Productions will not be required to make up any time lost through such incidents.
- Practitioners not liable for any damage, technical faults or failures of equipment and software belonging to the Client or Client’s Parent or Guardian.
- The parties agree that safeguarding in the online environment is of paramount importance and agree that they shall observe best practice and professional guidance in safeguarding and child protection at all times.
- The Client or Client’s Parent or Guardian agrees to follow any safeguarding requirements specified by Forget-Me-Not-Productions.
- The Client, if aged 18 or under, will not contact Forget-Me-Not-Productions directly by any means for whatever reason. All communications relating to the sessions shall be made between the Client’s Parent or Guardian and Forget-Me-Not-Productions preferably by email except in an emergency such as unavoidable cancellation of a session at the last minute. In this instance, telephone use is acceptable.
- Inappropriate behaviour or use of inappropriate or unlawful materials during the sessions by the Client will result in Forget-Me-Not-Productions terminating the session immediately. Forget-Me-Not-Productions reserves the right to terminate the agreement with immediate effect, in which case Forget-Me-Not-Productions shall not be required to refund any fees previously paid.
All other terms in the Agreement shall remain unaffected and remain in full force.