1.1 In this Terms and Conditions of Admission, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings –

1.2 “CEO” means the appointed Chief Executive Officer of the Pre-School;

1.3 “Principal” means the headmaster/headmistress or Pre-School director of the relevant Pre-School;

1.4 “Parent” means collectively or individually, as the case may be, the mother, father, legal guardian or representative of the child/children attending the Pre-School and any reference to “you” and “your” shall have a corresponding meaning;

1.5 “Pre-School” means Child Solutions Creche and Pre-School Proprietary Limited, registration number 2012/090130/07, a limited liability company duly incorporated in the Republic of South Africa, including all campuses situated in and around the Republic of South Africa;

1.6 “Pre-School Community” means all members of the Pre-School, which includes the Pre-School’s teachers, employees, authorised representatives, the children who attend the Pre-School, their Parents and all other third parties who engage with the Pre-School and shall in some instances include the Parent;

1.7 “Pre-School’s Policies” means any terms and conditions contained in the codes, policies, procedures, standards, and information guidelines of the Pre-School, which may be amended from time to time at the Pre-School’s discretion on 30 (thirty) days written notice to the Parent.

1.8 “Terms and Conditions of Admission” means this document together with the registration form;

1.9 In this Terms and Conditions of Admission clause headings and the heading of the contract are for convenience only and are not to be used in its interpretation.

1.10 Any reference in this Terms and Conditions of Admission to –

1.10.1 “hours” shall be construed as being the Pre-School hours between 06h00 and 18h00 on any business day. Any reference to time shall be based upon South African Standard Time; and

1.10.2 “days” shall be construed as calendar days unless qualified by the word “business”, in which instance a “business day” will be any day other than a Saturday, Sunday or public holiday as gazetted by the government of the Republic of South Africa from time to time.

1.11 The words “include” and “including” mean “include without limitation” and “including without limitation”. The use of the words “include” and “including” followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it.

1.12 An expression which denotes the singular includes the plural and vice versa.

1.13 Unless otherwise provided, defined terms appearing in this contract in title case shall be given their meaning as defined, while the same terms appearing in lower case shall be interpreted in accordance with their plain English meaning.

1.14 A reference to any statutory enactment shall be construed as a reference to that enactment as at the Signature Date and as amended or substituted from time to time.

1.15 Unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a business day, the next succeeding business day.

The selection of the right Pre-School to suit your child’s personality and interests is one of the most difficult decisions a parent can make. The Pre-School endeavours to place the individual needs of each child as a priority and will do everything possible to inform you of all the Pre-School has to offer so that you are able to make an informed decision. Please take the time to carefully read through the Terms and Conditions of Admission.

2.1.1 You, alternatively the person/s whose details appear on the registration form, to be completed on the Pre-School’s website (or physical version), hereby declare that you/he/she/they are the Parent of the child/children, whose details appear in the application form and who will be attending the Pre-School.

2.1.2 By signing or otherwise entering into the registration form, you agree to the terms and conditions contained in this document as well as the Pre-School’s Policies. If there is any provision in this contract that you do not fully understand, please ask for an explanation before completing this electronic application.

2.1.3 The following Terms and Conditions of Admission are the standard terms on which the Pre-School provides educational and related services.

By signing the Pre-School registration/admission form, the Parent indicates acceptance of these Terms and Conditions of Admission and the Pre-School’s Policies.

2.2.1 The admission and enrollment of your child/children at the Pre-School is at the sole discretion of the Pre-School and/or its authorised representatives, who may refuse your child’s/children’s admission to the Pre-School without giving reasons thereof and may grant temporary or provisional enrollment to the Pre-School subject to such further terms and conditions, which the Pre-School may impose. The Pre-School may, at its sole discretion, cancel enrollment in accordance with these Terms and Conditions of Admission and/or the Pre-School’s Policies on written notice to the Parent.

2.2.2 These Terms and Conditions of Admission and the Pre-School’s Policies regulate the enrollment and admission of your child/children to the Pre-School and also regulate the relationship between the Pre-School, you and your child/children once your child/children is/are admitted to and enrolled with the Pre-School.

2.2.3 By signing or otherwise entering into the registration form you agree to submit, upon acceptance of your child/children and prior to admission at the Pre-School, all the required documentation and information requested by the Pre-School at any given time. This includes a copy of your child’s immunisation card and birth certificate.

2.2.4 Your child/children is/are placed voluntarily into custody and care of the Pre-School’s teachers, employees and authorised representatives in charge and all persons duly authorised by the Pre-School to supervise, teach and give general care to your child/children.

2.2.5 While your child remains a learner of the Pre-School, we undertake to exercise reasonable skill and care in respect of his or her education and welfare. This obligation will apply during Pre-School hours as provided for on the Pre-School’s website and at other times when your child is permitted to be on the Pre-School premises or is participating in activities organised by the Pre-School.

2.2.6 You choose the residential address set out in the electronic application form on the Pre-School’s website as your legal address for the service of all notices and legal processes and the postal and email addresses for all other communications by the Pre-School to you. Should your contact details change, you are required to immediately, in writing using the prescribed form, inform the Pre-School of the new details.

2.2.7 You confirm that all the particulars that you may furnish or that you have furnished to the Pre-School relating to your child/children, in terms of these Terms and Conditions of Admission, the Pre-School’s Policies or otherwise are or will be, to the best of your knowledge and belief, full, true, accurate and correct.

2.2.8 You warrant that you are the Parent of the child/children and that you are legally and lawfully entitled to enter into the Terms and Conditions of Admission, for and on behalf of your child/children.

2.2.9 You agree to fetch your child timeously at the end of the Pre-School’s day or notify the Pre-School of any other arrangement. The Pre-School will not allow any child/children to leave the Pre-School’s premises with any person that is not the Parent. In the event of a grandparent, authorised representative or guardian fetching your child/children, the Pre-School is to be notified in writing beforehand. The notification shall comprise of the Parent submitting a written authorisation for any other person collecting your child/children, enclosing a copy of their identity document as well as a recent colour photo (“Notification Requirement”). If no notification has been given and the Pre-School is unable to contact the Parent concerned at the time, your child/children will not be allowed to leave the Pre-School’s premises. You hereby warrant to comply with all requirements and obligations in this regard as set out in the Pre-School’s Policies.

2.3.1 You acknowledge that the Pre-School does not take any responsibility for any theft or loss of, or damage or destruction to any property of whatever nature (including the Pre-School clothing worn by your child/children, sporting equipment, books, vehicles, electronic devices or any other personal possessions) brought on to the Pre-School’s premises by you or your child/children.

2.3.2 You acknowledge that you are fully aware of and have personally inspected the grounds and the classrooms, including the building and apparatus designated by the Pre-School for your child/children along with his/her/their classmates and record further that you declare yourselves to be fully satisfied with the nature and locality of the apparatus. Unless you expressly notify us in writing to the contrary, you consent to your child/children participating in Pre-School activities under proper supervision, both in and outside the Pre-School and agree to accept all risks to your child/children and his/her property involved in participation in such activities and transportation to and from the Pre-School.

2.3.3 The Pre-School, its teachers, its employees and authorised representatives, are not responsible and are not liable for any loss or damages resulting from such activities, games or programmes and you indemnify the Pre-School, its teachers, employees and authorised representatives, against any claims in that regard, whether relating to bodily injury or otherwise.

2.3.4 In case of an emergency arising or in the event of the Pre-School for any reason being unable to reach either Parent, you hereby nominate any authorised person of the Pre-School to act in loco parentis (in the place of a parent) in your joint name and stead in the sole discretion of such person as he or she may deem fit in order to best serve the interests of your child/children in the said prevailing circumstances.

2.3.5 In this respect you furthermore absolve, and hold indemnified the said person responsible for all and any act or deed as he or she may, in the fulfilment of these discretionary rights in the said circumstances and as may subsequently be regarded as holding him or her and the Pre-School harmless from any claim or action in damages.

2.3.6 You accept that any child/children, including your child/children, may be ill with a contagious or non-contagious illness at any time during the attendance of your child/children at the Pre-School, or may come into contact with a child/children carrying a similar disease. You are accordingly required and hereby warrant that you have read and understood the Pre-School’s Policies in this regard.

2.3.7 When your child/children is/are absent through illness, you shall inform the Pre-School by telephone or email. If your child/children is/are absent for more than 3 (three) days, a doctor’s certificate is required to be provided to the Pre-School when your child/children return to class. You hereby warrant to comply with all requirements and obligations in this regard as set out in the Pre-School’s Policies at all times.

2.4.1 You have absolute responsibility for the timeous payment of any fees applicable to your child/children attending the Pre-School.

2.4.2 The Pre-School is not bound by and/or obligated to perform in terms of any agreement and/or contract, and will not become involved in any divorce proceedings, care and custody disputes, separation agreements or disputes and/or settlement agreements, whether in writing or otherwise, concluded by the Parent relating to payment of fees in respect of your child/children owing to the Pre-School. Payment of your child/children’s Pre-School fees must be made as agreed in terms of the Terms and Conditions of Admission and the Pre-School’s Policies timeously.

2.4.3 You hereby agree that the Pre-School may make such enquiries into your creditworthiness as it considers necessary by conducting credit verifications alternatively contacting the previous Pre-School your child/children attended.

2.4.4 Further, the Pre-School, its employees and its authorised representatives will not, in any way, engage in and/or assist you in any dispute, disagreement or settlement, whether it is heard in court or before an arbitrator, commissioner or mediator, between you and/or a third party.

2.4.5 You are bound by the obligations contained in these Terms and Conditions of Admission and the Pre-School’s Policies at all times and any failure to comply herewith, whether as a result of any private disagreement or dispute or otherwise, will constitute a material breach as set out below.

2.4.6 You understand that in order to secure a place at the Pre-School a non-refundable enrolment fee is payable prior to admission.

2.4.7 If you wish to transfer your child/children to another Pre-School within the Pre-School’s network of Pre-Schools, the Pre-School will consider your request and decide. It is in the Pre-School’s CEO or Principal’s sole discretion and/or election to grant the Parent request for transfer. If your child/children is granted the transfer within the Pre-School’s network of Pre-Schools, the Parent will be liable for the new Pre-School fee rate applicable to the new Pre-School.

2.4.8 You acknowledge that the Pre-School fees are payable as per the issued invoice(s) on or before the due date of the invoice.

2.4.9 Fees are to be paid as follows –

2.4.10 annually, in advance, by no later than the close of business on 31 December each year that your child/children attend the Pre-School. Should you elect to make payment annually, the Pre-School provides a 10% discount, which discount will be reflected on the invoice provided by the Pre-School.

2.4.11 every term, i.e. no later than close of business on 1 January, 1 May and 1 September, alternatively the first day of each term as determined by the Pre-School. Should you elect to make payment every term, the Pre-School provides a 5% discount, which discount will be reflected on the invoice provided by the Pre-School; or

2.4.12 every month in advance. You acknowledge to pay school fees on or before the 1st day of every month. Even if you do not take your child to school for any reason whatsoever, you acknowledge that payment of school fees must still be made on or before the 1st day of every month. You further acknowledge that school fees are payable every month, including school holidays and the month of December. You understand that should you wish to take your child to another pre-school after paying fees, no refund shall be due.

2.4.13 Fees are paid through Electronic Transfers (“EFTs”) into the Pre-School’s designated bank account. Strictly no cash deposits are allowed. Cash deposits attract hefty bank charges, and the Pre-School will debit the Parent’s account with any bank charges incurred as a result of a cash deposit.

2.4.14 Proof of payment is to be emailed to the Pre-School at accounts@childsol.co.za and shall include your child/children’s name as a reference.

2.4.15 Please note there may be an annual increase in the fees and/or discounts which will be determined at the discretion of the Pre-School from time to time.

2.4.16 If you are unclear about any of your financial obligations, the Pre-School will, on request, provide a written explanation.

2.4.17 Any fee or other monies owing by you to the Pre-School, which is not paid on or before the due date, will bear interest at the maximum rate of interest for incidental credit prescribed from time to time in terms of the National Credit Act, 2005 (“the NCA”), or at such lesser rate as the Pre-School may determine in its sole discretion. Interest not paid to the Pre-School by the last day of the month in respect of which such interest accrues will bear further interest at the same rate.

2.4.18 Should your account be referred to an attorney for collection, you will be liable for charges and costs related to that collection and the Pre-School will report your failure to pay outstanding fees to the relevant credit bureaus. In addition, the Pre-School will be entitled to recover default administration costs as contemplated in the NCA, including legal costs on the attorney and own client scale and collection commission to the extent permitted by the NCA.

2.4.19 In the event that fees are not paid timeously in accordance with this clause, the Pre-School will suspend the child/children from attending the Pre-School on the eighth (8) day of non-payment, without further notice. The teachers, employees, authorised representatives and security guards of the Pre-School will be informed of your breach and will deny you and/or your child/children access to the Pre-School’s premises.

2.4.20 Only once all fees, interest and outstanding amounts have been paid in full will you and/or your child/children be granted access to the Pre-School’s premises. Proof of payment must be provided to the accounts department and must reflect in the Pre-School’s bank account prior to access being granted.

2.4.21 The liability of Parents under these Terms and Conditions of Admission is joint and several, the one paying the other to be absolved. In the event that one Parent does not pay, the Pre-School will be entitled to claim payment from the other Parent.

2.5.1 The physical environment and equipment at the Pre-School is not designed to accommodate a child/children with severe barriers to learning and development nor a child/children who require special care (whether by virtue of health or disabilities), nor do the Pre-School’s staff have specialised training in this regard.

2.5.2 Should you have any questions with regard to the admission of a child/children with any barrier to learning and/or development or in need of special care, please discuss this issue with the Principal so that a decision can be made in the best interest of the child/children regarding his/her inclusion or exclusion.

2.5.3 In the event that it comes to the attention of the Pre-School that a child/children requires specific care or has severe barriers to learning and development, the Pre-School will be entitled to cancel the Terms and Conditions of Admission with immediate effect, upon written notice to the Parents. In such event, the Pre-School shall be entitled to all monies due for any part of the remainder of the calendar month during which the notice of termination was given to the Parents.

2.6.1 By entering into this contract, and unless you at any time instruct the Pre-School expressly and in writing to the contrary, your consent is given to the Pre-School to:

2.6.2 collect, store and process credit information about you and any third party responsible for payment of any or all amounts comprised in the fees;

2.6.3 collect, store and process names, contact details and information relating to you and your child/children, and to such information being made available to other Parents, staff or responsible persons engaged or authorised by the Pre-School for Pre-School-related purposes to the extent required for managing relationships between the Pre-School, Parents and enrolled children, as well as providing references and communicating with the body of former enrolled children; include photographs, with or without the name, of your child/children in Pre-School publications, or in press releases to celebrate the Pre-School’s or your child’s/children’s activities, achievements or successes;

2.6.4 supply information and a reference in respect of your child/children to any educational institution which you propose your child/children may attend. The Pre-School will take care to ensure that all information supplied relating to your child/children is accurate and that any opinion given on his/her ability, aptitude and character is fair. However, the Pre-School cannot be liable for any loss you or your child/children is alleged to have suffered resulting from opinions reasonably given, or correct statements of fact contained, in any reference or report given by the Pre-School; and

2.6.4.1 inform any other Pre-School or educational institution to which you propose to send your child/children of any outstanding fees.

2.6.5 The Pre-School may not distribute or otherwise publish any of your personal information in its possession, unless you give your consent, in writing, to the Pre-School that it may do so. Should this be the case, the Pre-School may only distribute or otherwise publish the information specified in your consent to the people and for the purpose stated in your written consent.

2.6.6 The Pre-School owns any information, know-how, data, results, inventions, photos, images, soundtracks and any associated intellectual property that is made, discovered, created or invented by the Pre-School during its activities. You further acknowledge that, subject to clause 2.6.5 above, the Pre-School has the exclusive right (and you hold no reservations whatsoever) to publish or advertise such intellectual property on any media platform.

2.7.1 You have the right to cancel these Terms and Conditions of Admission at any time, for any reason, provided you give 2 (two) month’s in writing before withdrawing your child/children from the Pre-School. Such notice is to be sent in writing to the Pre-School’s Principal’s email address, with Accounts Department in copy before the first day of the month at the end of which such withdrawal is to take place. Should you fail to give such notice, you shall be liable for a cancellation fee equivalent to 2 (two) months’ tuition fees.

2.7.2 You shall not be entitled to any rebate of fees if your child/children is/are absent for any portion of any term owing to illness or any other cause which is not as a result of the Pre-School’s actions. In the event of your child/children leaving the Pre-School during a term, for any reason whatsoever and you fail to give notice as required in clause 2.7.1, then a cancellation fee equivalent to 2 (two) months’ tuition fees shall be payable and no refund of fees already paid for that term shall be claimable.

2.7.3 Should you elect to cancel these Terms and Conditions of Admission as per this clause during the year your child/children attend/s the Pre-School and you have paid the fees annually, the Pre-School will refund you the remaining amount paid to the Pre-School in terms of this clause after the outstanding fees or any other amounts owing to the Pre-School have been deducted, within 30 (thirty) days of receipt of your written cancellation or the child’s/children’s last day at the Pre-School, whichever is the later date.

2.7.4 Should you elect to terminate these Terms and Conditions of Admission as per this clause during the term your child/children attend/s the Pre-School and you have paid the fees termly, the Pre-School will deduct any outstanding fees or any other amounts owing to the Pre-School and refund you the remaining amount paid to the Pre-School interms of this clause, within 30 (thirty) days of receipt of your written cancellation or the child’s/children’s last day at the Pre-School, whichever is the later date.

2.7.5 Should you elect to terminate these Terms and Conditions of Admission as per this clause and you have paid the fees bimonthly, the Pre-School will deduct any outstanding fees or any other amounts owing to the Pre-School and refund you the remaining amount paid to the Pre-School in terms of this clause, within 30 (thirty) days of receipt of your written cancellation or the child’s/children’s last day at the Pre-School, whichever is the later date.

2.7.6 No notice will be accepted after the 1st of September each year, which means that fees are payable for all three months, should you be leaving between 1st of October and 31st of December.

2.7.7 In the event that there are any outstanding fees or other amounts owing to the Pre-School, you are required to pay these outstanding amounts in full in terms of this clause within 30 (thirty) days of receipt your written cancellation or the child’s/children’s last day at the Pre-School, whichever is the later date.

2.7.8 In the event that you fail to make a payment in terms of these Terms and Conditions of Admission, the Pre-School will refer the matter to their attorneys of record at your cost on the attorney and own client scale and will report you to the relevant credit bureau.

2.7.9 The Pre-School has a right to cancel this contract at any time, for any reason, provided that it gives you 2 (two) months’ notice in writing, of its decision to terminate this contract. At the end of the term in question, you will be required to withdraw your child/children from the Pre-School.

2.7.10 Without prejudice to the Pre-School’s other remedies, the Pre-School may cancel these Terms and Conditions of Admission immediately, expel your child/children and has no obligation to return any prepaid fees or amounts to you if you are in material breach of any of the obligations in terms of these Terms and Conditions of Admission and/or the Pre-School’s Policies and have not (in the case of a breach which is capable of remedy) remedied the material breach within 10 (ten) business days after having received written notice from the Pre-School requiring you to remedy the breach. In addition, it may claim payment of all monies then owing and penalties equal to one term’s fees as calculated at the time of cancellation in accordance with the provisions of the Conventional Penalties Act 15 of 1962, alternatively, the Pre-School may claim payment of all monies then owing and damages which it has suffered.

2.7.11 In order to fulfil the Pre-School’s obligations, the Pre-School requires you and your child/children’s cooperation.

2.7.12 Without detracting from any specific obligations contained in these Terms and Conditions of Admission and the Pre-School’s Policies, you are required to fulfil your own obligations under these Terms and Conditions of Admission and the Pre-School’s Policies; encourage your child/children in his/her education and give appropriate support at home; keep the Pre-School informed of matters which affect your child/children; maintain a courteous and constructive relationship with the Pre-School, its teachers, employees and authorised representatives and attend all meetings and otherwise keep in touch with the Pre-School where your child/children’s interest requires you to do so.

2.7.13 For purposes of these Terms and Conditions of Admission and the Pre-School’s Policies, a material breach is where you or your child/children (as the case may be) –

2.7.13.1 fails to uphold the terms and conditions contained in these Terms and Conditions of Admission and the Pre-School’s Policies;

2.7.13.2 fails to pay fees, interest or any amounts to the Pre-School when due;

2.7.13.3 fails to fulfil any legal requirement necessary for your child/children to attend the Pre-School;

2.7.13.4 becomes seriously and unreasonably unco-operative with the Pre-School, its teachers, employees or authorised representatives;

2.7.13.5 behaves negatively which affects your child/children’s or other children’s progress at the Pre-School, the well-being of the Pre-School, its teachers, employees or authorised representatives;

2.7.13.6 brings the Pre-School into disrepute;

2.7.13.7 intimidates, victimises and threatens violence to any of the Pre-School’s teachers, employees, authorised representatives, any child/children attending the Pre-School or any child/children’s Parent;

2.7.13.8 brings dangerous weapons or offensive objects on to the Pre-School’s premises;

2.7.13.9 is a member of a gang or engages in gang-related activities;

2.7.13.10 verbally abuses the Pre-School, its teachers, employees and authorised representatives or your child/children or other children or Parents or authorised representatives of other children who attend the Pre-School or any other third party on the Pre-School’s premises;

2.7.13.11 swears, uses vulgar language and blasphemes;

2.7.13.12 behaves in a racist way or makes racist remarks, whether in writing or otherwise;

2.7.13.13 behaves in an insolent or defiant manner to the Pre-School, its teachers, employees or authorised representatives;

2.7.13.14 vandalises the Pre-School and/or anything belonging to the Pre-School;

2.7.13.15 is found guilty of theft of the Pre-School’s property, the Pre-School’s teachers, employee’s or authorised representative’s property alternatively any property belonging to a child/children attending the Pre-School or belonging to their Parents;

2.7.13.16 is found in possession of pornography and sexually offensive material;

2.7.13.17 portrays excessive displays of affection;

2.7.13.18 is in possession of cigarettes, alcohol or drugs on the Pre-School’s premises; or

2.7.13.19 is guilty of forgery of any signature and/or documents.

2.7.14 The Pre-School and/or its authorised representatives may on written notice to the Parent and in its/his/her discretion, require you to remove or may suspend or expel your child/children immediately if your behaviour is in the reasonable opinion of the Pre-School so unreasonable as to affect or likely affect the progress of your child/children or another child/children at the Pre-School or the well-being of the Pre-School, its teachers, employees and authorised representatives or to bring the Pre-School into disrepute. Such behaviour will constitute a material breach as set out above.

2.7.15 The Pre-School and/or its authorised representative may on written notice to the Parent and at its/his/her discretion, require you to remove or may suspend or expel your child/children from the Pre-School, if it/he/she considers that your child/children’s attendance, progress or behaviour (including behaviour outside of the Pre-School) is unsatisfactory and in the reasonable opinion of the Pre-School, your child/children’s removal is in the Pre-School’s best interests or in the interests of those of your child/children or the Pre-School Community. In this case, you will be asked to remove your child/children either immediately and without further notice, or at a specified date that is shorter than 2 (two) months, with or without notice in any form, as is reasonable under the circumstances. The Pre-School will not be required to give you a full-term written notice under these circumstances.

2.7.16 You acknowledge that by your application to the Pre-School, you hereby agree to the Pre-School’s Terms and Conditions of Admission and the Pre-School’s Policies as set out herein and on the Pre-School’s website and also declare that, to the best of your knowledge and belief, all information provided in relation to you and/or your child/children, is full, true, accurate and correct.

2.8.1 The Pre-School has spent a lot of time, money, and energy finding, screening, training, educating, and building relationships with its teachers, employees and authorised representatives.

2.8.2 In addition, the Pre-School, as well as members of the Pre-School Community, have built strong relationships with its teachers, employees and authorised representatives. Parents are prohibited from, among other things, recruiting the Pre-School’s teachers, employees and authorised representatives for purposes of teaching, caregiving and/or home childcare.

2.8.3 For a period commencing on the date hereof and ending one (1) year thereafter (“Restricted Period”) and within the province of the relevant Pre-School, the Parent agrees that during the Restricted Period they shall not, directly or indirectly, without the prior written consent of the Pre-School, recruit, divert or solicit for employment or engagement any teachers, employees and authorised representatives who are (or were within six (6) months prior to the date hereof) employed or engaged as such by the Pre-School, or otherwise seek to influence or alter any such relationship with the Pre-School.

2.8.4 The Parent acknowledges and agrees that the restrictions contained in this clause are reasonable and necessary for the protection of the immediate interests of the Pre-School and that any violation of these restrictions would cause substantial injury to the Pre-School. In the event of a breach or a threatened breach by the Parent, the Pre-School shall be entitled to charge a recruitment fee to the Parent and/or institute legal action.

2.9.1 The Pre-School reserves the right to vary these Terms and Conditions of Admission and the Pre-School’s Policies, including the fees and other charges, from time to time at its sole discretion, after giving one (1) month’s written notice of its intention to do so. Failure by the Pre-School to enforce any of these conditions shall not constitute a waiver of the Pre-School’s rights.

2.9.2 Any undertaking, promise, agreement, guarantee, warranty, assurance and/or admission made by the Pre-School’s teachers and/or employees and/or authorised representatives to you and/or your child/children shall not be binding and shall be of no force and effect on the Pre-School, its teachers, employees or authorised representatives.

2.9.3 Should you wish to amend the Terms and Conditions of Admission and/or the Pre-School’s Policies in any way, such amendment(s) must be reduced to writing, signed by you, and approved by and signed by the Pre-School’s CEO or Principal, alternatively by a representative duly authorised in writing by the Pre-School’s CEO or Principal.

2.9.4 It shall be at the sole discretion and/or election of the Pre-School’s CEO or Principal whether any amendments and/or changes will be made to these Terms and Conditions of Admission or the Pre-School’s Policies. Should the Pre-School’s CEO or Principal elect not to amend these Terms and Conditions of Admission or the Pre-School’s Policies at your request, no reasons shall be required to be provided and such decision shall be final and binding on you, your child/children and any other third party.

These Terms and Conditions of Admission concluded between you and the Pre-School are governed by the laws of the Republic of South Africa. You agree that the Pre-School, at its option but without being obliged to do so, shall be entitled to institute any legal proceedings for the recovery of any monies owing by you as a liquidated debt or debts to the Pre-School in any High Court having jurisdiction.

Each term and condition contained in these Terms and Conditions of Admission is separate from the other terms and conditions in the sense that if any term or condition is determined to be illegal or unenforceable, it will simply be disregarded and of no force or effect, but the Terms and Conditions of Admission will otherwise remain valid.

No extension of time or any other relaxation or indulgence granted by the Pre-School to you shall operate as, or be deemed to be, a waiver by the Pre-School of its rights in terms of these Terms and Conditions of Admission or the Pre-School’s Policies, or a novation of any of the terms and conditions of these Terms and Conditions of Admission.