Terms and Conditions of Business for Role Models Life Skills Ltd, Talking Head Schools
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU BOOK TO RUN TALKING HEAD SESSIONS WITH ROLE MODELS LIFE SKILLS LTD. THIS IS A LEGALLY BINDING CONTRACT AND CONTAINS LEGAL OBLIGATIONS AND LIABILITIES WHICH WILL APPLY TO YOU.
The following terms and conditions shall apply to you, should you decide to engage your school in talking head sessions conducted by Role Models Life Skills Ltd.
If you do not wish to agree to these terms and conditions please do not obtain the services of Role Models Life Skills Ltd.
The following expressions shall have the following meanings:
- “RMLSL” means Role Models Life Skills Ltd, a company registered in England and Wales with company number 11918071.
- “School” means any School or third party organisation booking sessions with RMLSL.
- "Customer" means the parent or carer of any Participant attending a RMLSL session.
- “Participant” means any child who attends a Session(s).
- “Session(s)” means an online children’s Session run by RMLSL.
- “Conditions” means the terms and conditions as set out in this document and any subsequent variations that may be made by RMLSL from time to time.
- "Typeform" means a short form which will be sent to the School by RMLSL and must be filled our by the School prior to the commencement of Session(s).
- “Engagement” means engagement or use of RMLSL’s Services by the School.
- “Role Model” means any person providing care on behalf of RMLSL for Engagement.
- “RMLSL Fee” means the relevant fee payable to the RMLSL for the Services as set out in Clause 5.
- “RMLSL Intellectual Property” means all intellectual property rights in any information, know how and material related to the Session(s) provided to the School or the Customer or the Participant which shall include (without limitation) the teaching and other processes, marketing materials, handouts, presentations, books, documentation, software, Session(s) content, lesson plans, manuals, data, and any other rights.
Booking Session(s) and Engagement
- If a Participant is removed from a Session(s) or is asked not to return to the Session(s) for behavioural reasons, RMLSL shall not be liable to the School for reimbursement of the RMLSL Fee or a credit note as the duty of care to safeguard all Participants and RMLSL staff members is paramount. A decision of this nature will be discussed at length with the School before such decision is made, and will be evidenced in writing.
Supply of Services
- RMLSL shall use reasonable endeavours to run Session(s) using Role Models that the RMLSL considers suitable to deliver high quality education and to perform the additional services as further set out in this Clause.
- The RMLSL shall carry out its obligations with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and relevant statutory obligations.
- The RMLSL will take all reasonable steps to ensure Role Models are of sound character, honest and reliable. However the RMLSL cannot be held responsible for the conduct of a Role Model either before or during a Session(s) and does not give any warranty as to the history, character, age, experience, capability, suitability, honesty or immigration status of any Role Model nor as to the completeness, truthfulness or the accuracy of the information supplied to them by the Role Model.
- The RMLSL will check that each Role Model providing care at the Session(s) has had an Enhanced Disclosure Barring Service check (previously CRB) which is valid within the past three years.
- Time for commencement shall not be of the essence of these Conditions and the RMLSL shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.
Responsibilities of the School
- The School shall complete and submit the Typeform form in full and to the best of their knowledge, specifying any information that will help RMLSL to provide the best service possible during the Session(s).
- The School agrees to the RMLSL Cancellation Policy.
- The RMLSL Fee will vary depending on what is being booked and such RMLSL Fee shall be detailed in writing, via email.
- The School shall pay RMLSL Fee in full, in advance of the commencement of the Session(s).
- All payments must be made by the School within thirty (30) calendar days of receiving payment instructions from RMLSL, or prior to the start date of Session(s) – whichever is earliest.
- If any amount due to RMLSL is not paid when due, RMLSL shall be entitled (at its sole discretion) to charge interest on the outstanding amount at the rate of four per cent (4%) above the base rate for the time being of National Westminster Bank PLC compounded quarterly.
- The School shall notify RMLSL as soon as reasonably practicable after becoming aware of any matter in respect of which RMLSL may incur any liability to the School in negligence, for breach of these terms and conditions or otherwise. Subject as otherwise provided herein, if the School fails to make such notification within two (2) weeks of becoming so aware, it will not be entitled to make any claim against RMLSL in relation thereto (and RMLSL shall not incur any liability to the School in relation to such matter). In the event that a matter is properly notified as above, and subject as otherwise provided herein, RMLSL’s liability to the School in respect of any breach of these terms and conditions or for negligence or otherwise shall not exceed the amount of the fees payable by the School to RMLSL in connection with the Session(s).
- Notwithstanding any other provision of these terms and conditions, nothing herein will restrict or limit RMLSL’s liability for:
- fraud or fraudulent misrepresentation; or
- any other matter for which it would be illegal or unlawful for RMLSL to exclude or attempt to exclude RMLSL’s liability.
- The School shall indemnify RMLSL and keep RMLSL indemnified from and against any claims, losses, costs, expenses, damages, or liability made against or incurred by the RMLSL or a Role Model in connection with:
- Any breach of these Conditions by the School, Customer or the Participant;
- Any negligent or wilful default of the School, Customer or the Participant during a Session(s).
- RMLSL will take all reasonable steps to ensure a Participant is not verbally hurt by another Participant during a Session(s). However, RMLSL cannot be held responsible for the actions of another Participant and accepts no liability for a Participant being verbally hurt by another Participant.
- RMLSL accepts no liability and hereby excludes all liability for any, losses, claims, expenses, costs or damages arising from the location at which the Session(s) is held.
- RMLSL accepts no liability and hereby excludes all liability for any claim, loss, expenses, costs or damage arising from:
- any negligence, misconduct, dishonesty or lack of skill on the part of the Role Models.
Intellectual Property Rights
- The School hereby acknowledges that the RMLSL shall own all intellectual property rights in the RMLSL Intellectual Property.
- The School may not replicate or copy the RMLSL Intellectual Property in any way without RMLSL’s prior written consent.
- The School accepts that:
- it is only permitted to use the RMLSL Intellectual Property or the purposes and only as authorised by RMLSL under these Conditions;
- other than to that extent, it has and shall have no right to use or to allow others to use the RMLSL Intellectual Property or any part of it and it shall not seek to register any intellectual property on behalf of RMLSL without RMLSL’s express written consent;
- without the consent of RMLSL, it shall not use any trademarks, trade names or get-up which resembles the RMLSL’s trademarks, trade names or get-up and which would be likely to confuse or mislead the public or any section of the public;
- it shall not pass off any other product or material as RMLSL Intellectual Property; and
- it shall not do or omit to do, or authorise any third party to do or to omit to do, anything which could invalidate or be inconsistent with the RMLSL Intellectual Property.
- RMLSL records Session(s) for training, quality and safeguarding purposes. This is to be agreed by the School, prior to the commencement of the Sessions(s), in the aforementioned Typeform.
- If RMLSL wish to use any images or films in RMLSL’s marketing materials or in other printed or digital publications that RMLSL produces, as well as on RMLSL’s website or in social media., then to comply with the Data Protection Act 1998 which was subsequently amended by the Data Protection Act 2018, RMLSL needs the Schools permission.
- With respect to the above clause, the following shall apply:
- RMLSL will not use the personal details or full names (which means first name and surname) of any Participant or adult in a photographic image or video, on our website, in social media or in any of our other printed or digital publications.
- RMLSL will not include personal e-mail or postal addresses, or telephone or fax numbers on RMLSL’s website, social media, marketing material or in other printed or digital publications.
- If RMLSL use photographs or films of individual Participants, RMLSL will not use the full name of that Participant in the accompanying text or photo/video caption.
- RMLSL will only use images and films of Participants who are suitably dressed, to reduce the risk of such images and films being used inappropriately.
- Acceptance of these terms and conditions constitutes the School's consent to receiving the RMLSL monthly e-newsletter and any important updates regarding the RMLSL via email, phone and SMS. The School can unsubscribe from these channels at any time by emailing email@example.com or clicking unsubscribe on the e-newsletter.
- The School may at any time write to RMLSL and update the information stored by RMLSL. The School may at any time withdraw its consent to for photographs of the participants to be used as marketing by emailing firstname.lastname@example.org.
- These Conditions shall continue until the Session(s) is completed or the Session(s) is cancelled by either party as detailed in our Cancellation Policy.
- The RMLSL may terminate these Conditions if the School has failed to make payment as detailed above (any such termination being without prejudice to the RMLSL’s claim for payments owed) or the School is in breach of these Conditions.
- Any rights to terminate these Conditions shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of these Conditions as at the date of termination.
- All information provided by either party to the other, including but not limited to any personal details relating to the Role Model, Customer or Participant will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation, without prior written consent of the other.
- RMLSL shall process all personal data relating to the Customer and the Participant and other individuals in accordance with the Data Protection Act 1998.
- The School hereby consents to the processing of any personal data (including Sensitive Data as defined in the Data Protection Act 1998) relating to the Customer or the Participant for the purposes required for the delivery of a Session(s).
- RMLSL will take appropriate measures to prevent the unauthorised use or processing, or the loss or destruction of, any personal data that the School or Customer provides. RMLSL may use personal data which the School or Customer provides or which RMLSL holds about the School or Customer or Customer’s child or children for the purposes of delivery of a Session(s) but RMLSL will not disclose personal data about the School or Customer or Customer’s child to any third party except as necessary for the provision of the Session(s) or to comply with overriding statutory obligations.
- These Conditions may be revised by RMLSL from time to time. The School is expected to check this page to take notice of any changes RMLSL make, as they are binding on the School.
- Neither party may assign transfer or in any way make over any of its rights or obligations to any third party without the written consent of the other party.
- Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing either by letter or email addressed to the other party at its registered office or principal place of business or such address as any at the relevant time has been previously notified to the party giving the notice.
- No failure or delay by either party in exercising any of its rights under these Conditions shall be deemed to be a waiver of that right and no waiver by either party of any breach of these Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
- It is not intended that any of the terms of these Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to these Conditions.
- These Conditions shall be governed by and construed in accordance with English law.
- The English courts have exclusive jurisdiction to determine any dispute arising in connection with these Conditions, including disputes relating to any non-contractual obligations.