GLENDOWIE COLLEGE Tuition Agreement & Contract

GLENDOWIE COLLEGE Tuition Agreement & Contract Please retain for your records This agreement sets out the terms and conditions of enrolment at Glendowie College: 1. The School shall enrol international (foreign) students in accordance with New Zealand Ministry of Education Code of Practice for the Pastoral Care of International Students 2001 (code) and the Education Amendment Act 1989 ((No 4) 1991). comply with the New Zealand Immigration Service (NZIS) who is responsible for implementing the Immigration Act 1987. comply with the Human Rights Act 1993 on matters of discrimination. comply with the Privacy Act 1993. comply with the Fair Trading Act 1993. comply with the Consumer Guarantees Act 1993. provide a fee refund policy in accordance with the Code of Practice (Schedule 1) including four key considerations: 1) The Education Act 1989 (section 4B (7)) 2) The Fair Trading Act 1986 3) The Consumer Guarantees Act 1993 4) The individual contract with the student advise the student s parents/guardians, designated caregiver, parent representative (agent) and homestay hosts of all matters and information required to be provided under the Education Amendment Act 1989. provide academic progress reports regularly throughout the year. collect, hold and use any personal information for school purposes. 2. The parents or designated guardian/caregiver shall agree that the student will comply with the college Code of Behaviour, school rules and regulations. agree that the student will attend school regularly and in the case of irregular attendance the school shall contact the designated guardian and/or the Immigration Service. agree to the refund policy as set by the Board of Trustees. in the case of making private homestay arrangements for the student s stay in New Zealand, meet the Code of Practice and school requirements. not request extended leave from the college which will interrupt the academic progress of the student. agree to the homestay/accommodation guidelines and code of behaviour. in the case of private homestay arrangements, must have the prior approval of the Principal for any changes. allow the college to arrange the necessary insurance cover upon request to meet conditions of enrolment and the Code of Practice. ensure that the student enrolled has a local English speaking guardian/caregiver who is acceptable in the view of the school, ie a mature responsible adult(s) with requisite care and supervision, preferably in a family arrangement. agree to the College homestay policy. in the case of seeking permission for independent travel, the parent only can give permission. agree to the school to make any course change if this is seen to be in the best interests of the student. 3. The student shall comply with the Code of Behaviour, school rules and regulations. attend school on a regular basis and produce a written note or medical certificate to explain any absences on the day of student returning to school. In the case of irregular attendance the school shall contact the designated guardian and/or the immigration Service. wear correct school uniform. comply with homestay/accommodation rules and regulations. not request extended holiday leave or leave outside of the academic school year unless in exceptional circumstances. accept any change of course that the school makes if this is seen to be in your best interest. in the case of any changes in private homestay arrangements, must have the prior approval of the Principal before the change takes place. have current insurance to meet the conditions of enrolment and the Code of Practice. have a local English speaking Guardian/Caregiver who is acceptable in the view of the school, ie a mature responsible adult(s) with requisite care the supervision, preferably in a family arrangement. International Students shall not drive a motor vehicle to and from school. Not take part in paid employment, except in exceptional circumstances, and then at the discretion of the school. Page 1

If Glendowie College (School) accepts the student named in the application for tuition (Student) for tuition in New Zealand, the following terms and conditions shall apply: 1. The School shall provide tuition in accordance with the New Zealand Ministry of Education Code of Practice for the recruitment, welfare and support of international students. 2. The School shall arrange homestay in accordance with the homestay agreement set out in Schedule 3. This shall not apply if the Student has made other arrangements in New Zealand for homestay in which case it is agreed the School shall have no responsibility for the Student outside of school hours. 3. The parents or guardians of the Student who have signed the application for tuition on behalf of the Student (Parents) irrevocably appoint and authorise the principal of the School (or such other person as may be appointed by the School to carry out the principal s duties) to: 3.1 Receive information from any person, authority or corporate body concerning the Student including, but not limited to, medical, educational or welfare information; 3.2 Provide consents in respect of any activity carried out and authorised by the School; 3.3 Receive financial information relating to the Student including bank accounts, debts or income of the Student while in New Zealand. 3.4 Provide consents that may be necessary to be given on the Student=s behalf in the event of a medical emergency where it is not reasonably practicable to contact the Parents. 4. The Parents irrevocably authorise the principal of the School to advise the Student s homestay hosts (whether or not arranged through the School) of all matters and information required to be provided to parents of any student under the Education Act 1989 and agree to appoint the homestay hosts as their agents in New Zealand to receive such information in substitution for the Parents. 5. The Parents agree to provide the School with academic, medical or other information relating to the well-being of the Student as may be requested from time to time by the School. 6. The School shall use its best endeavours to ensure the safety, health and well-being of the Student but shall not be liable for: 6.1 Any damage or harm caused to the Student or the Student s property arising out of the Student s homestay (whether or not such homestay was arranged by or through the School); 6.2 Any damage or harm caused to the Student or the Student s property while attending the School unless the harm was as a result of gross negligence on the part of the School; 6.2 Any damage or harm caused to the student or the Student s property outside of normal school hours and in the case of the student s property shall not be responsible for any damage to such property that may occur outside the School s premises. 7. Without restricting clause 6, but subject to clause 8, the School s liability in relation to the supply of services to the Student is limited to the amount of fees paid by the Student for the provision of the services in respect of which liability arises. 8. Nothing in this Agreement limits any rights the Parents and/or Student may have under the Consumer Guarantees Act 1993. 9. Either party may terminate this agreement at any time upon written notice. If the agreement is terminated the refunds policy for international students as outlined in Schedule 1 shall apply. 10. It is acknowledged that the suspension, expulsion and exclusion of students provisions as set out in Part 11 of the Education Act 1989 shall apply to the Student in New Zealand. Any decision under these provisions to expel or suspend the Student for a specified period shall terminate this agreement and the refunds policy shall apply. The Parents shall have no claim in damages or for any compensation if this agreement is terminated in these circumstances. 11. Neither party shall be in default or in breach of their obligations under this agreement to the extent that the performance of those obligations is prevented by an event of force majeure. Force majeure means an event beyond the reasonable control of the party seeking to rely on force majeure. 12. This agreement shall be construed and take effect in accordance with the domestic laws of New Zealand. In relation to any legal action or proceedings arising out of or in connection with this agreement the Parents irrevocably submit to the jurisdiction of the courts of New Zealand, agree that proceedings may be brought before any court including any forum constituted under the Arbitration act 1908 within Page 2

New Zealand and waive any objection to proceedings in any such court or forum on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum. 13. The Parents agree that the Student will comply with school rules and policies including the Standards of behaviour international students set out in Schedule 2. 14. If application for homestay has been made by or on behalf of the student then this shall be subject to the undertakings and agreements set out in Schedule 3. 15. Notices given under this agreement must be in writing and given to the addresses set out in the application forms. Those sent by post shall be deemed to have been received 5 days after posting. 16. This agreement shall consist of the application for tuition, application for homestay (if required) and this tuition agreement including the attached Schedules 1, 2 and 3. This agreement contains the entire understanding of the parties and overrides any prior promises, representations, understandings or agreements. The terms of the agreement may be changed by the School in writing to the Parents and shall continue in force while the Student is enrolled with the School. 17. The Parents acknowledge that: (a) (b) (c) (d) (e) The School may collect any data necessary from the student s previous New Zealand school if the student is transferring. Personal information of the Parents and/or Student collected or held by the School is provided and may be held, used and disclosed to enable the School to process the application for tuition, provide tuition and homestay services to the Student, provide to the Student and/or Parents advice or information concerning products and services the School believes may be of interest to the Student and/or Parents and to enable the School to communicate with the Student and/or Parents for any purpose; All personal information provided to the School is collected and will be held by the School at Crossfield Road, Glendowie, Auckland, New Zealand, phone 5759128, fax 5754460, email: intl@glendowie-college.school.nz. If the Student/Parents fail to provide any information requested in the application for tuition, the School may be unable to process the application; The student/parents have the right under the Privacy Act 1993 to obtain access to and request corrections of any personal information held by the School concerning them. The Student/Parents authorise the School to obtain at any time from any person or entity any information it requires to process and/or accept the application for tuition or to perform or complete any of the other purposes under this Agreement. The Student/Parents authorise any such person to release to the School any personal information that person holds concerning the Student/Parents. Page 3

SCHEDULE 1 Policy: International Fee-Paying Students Fees, Protection/Refund Rationale The Glendowie College Board of Trustees recognises its responsibility to meet the requirements of the Code of Practice for the Pastoral Care of International Students which stipulates that signatories must have a Policy covering fees protection and refund conditions. This policy is based on Section 4B (7) of the Education Amendment (No 4) Act, 1991. Purposes To have a fair and transparent system for fees charged for the tuition of international students. To ensure that funds from international students are secure should the school cease to become a signatory or if the student is required to transfer to another institution. To have a fair and transparent system for refunding fees should a student withdraw from their course before its completion. Guidelines Tuition Fees The annual tuition fee is as set by the Board of Trustees and reviewed annually. The annual tuition fee must be paid in full upon acceptance of the enrolment place offered, and again before the commencement of any subsequent year in which the student is to study at the college. Refunds Refunds are as set by the Board of Trustees and are reviewed on an annual basis. If the student withdraws prior to the commencement of the course, full tuition fees will be refunded less an administration administration fee of NZ$750.00 The fees cover: An administration charge. Costs to the school already incurred for tuition. Components of the fee already committed for the duration of the course, including appropriate proportions of salaries of teachers and support staff. Costs already incurred for the use of facilities and resources. The proportion of the Government Levy the school is required to pay. Any other costs already incurred If the student withdraws following arrival in New Zealand, the refund structure is as follows: (a) Before the end of their first term there will be no refund unless there are special circumstances. The Board may consider special circumstances from time to time. (b) After the end of their first term there will be no refund.. Where the college has paid commission fees to an agent the following amounts will be deducted from the student refund in addition to those outlined above. (a) If the student withdraws before the end of their first term the full amount of the commission paid shall be deducted from the student refund. (b) If the student withdraws before the end of their second term 75% of the commission paid shall be deducted from the student refund. (c) If the student withdraws before the end of their third term 50% of the commission paid shall be deducted from the student refund. (d) If the student withdraws before the end of their fourth term 25% of the commission paid shall be deducted from the student refund. Page 4

Policy: International Fee-Paying Students Fees, Protection/Refund The tuition fees of an International student who becomes a Permanent Resident may be partially refunded at the discretion of the Board. As soon as Permanent Residency takes effect the student must apply for enrolment as a New Zealand resident and therefore under the criteria of the college s enrolment scheme. Automatic right of re-enrolment may not apply especially in the case of the student living out of zone. All refunds will be remitted to either the parents of the student, to the agent or designated guardian person(s) appointed by the student s parents, and not directly to the student. A refund will be made at the discretion of the Principal for a student who is requested to leave the school because of misbehaviour, poor attendance, non-compliance with the school rules or regulations, or breach of New Zealand law. Any such refund would be less administration charges and costs already incurred. No refund will be made to a student who is excluded from the school by the Board of Trustees. This policy will be reviewed when there is a change in fees as established by the Board of Trustees or for any other reason when deemed necessary. The college reserves the right to review and make changes in fees. Homestay Fees If the student moves out of their homestay before the end of their contract the portion of their homestay fees not already used will be returned. A Homestay Placement Fee will not be refunded. To have homestay fees returned, please refer to the terms and conditions of the Homecare Co-ordinator. Insurance Personal, medical, travel and fees protection insurance is a condition of enrolment. In cases where the school has arranged this, no refund will be provided if a student leaves. The student will continue to be covered until the end of their 12 month insurance period, regardless of where they study. Fee Protection The Board of Trustees must hold sufficient funds to refund international student fees should it be necessary (see International Fee-Paying Student Education Policy). For further protection students must take insurance cover with Unicare or another approved insurance provider which provides insolvency, loss of provider accreditation, medical and travel cover. Page 5

SCHEDULE 2 SCHOOL RULES FOR INTERNATIONAL STUDENTS STANDARDS OF BEHAVIOUR The following requirements for all students apply from the time of leaving home in the morning until returning home after school. Students are required to wear the full school uniform as set out in the Prospectus. Punctuality is important and all students are required to arrive at school by 8:35am to be ready for the daily 8:40am start. The College does not accept lateness. Students are always expected to show a high standard of courtesy and regard for teachers and other students at all times. Disruptive classroom behaviour is not tolerated. Students are expected to leave and enter classrooms quietly and to quickly get ready for work each period. Students must have all equipment they require for each period=s work and each item of equipment must be clearly named. 18. The school may keep a student on detention until 4:30pm. Parents will be notified in advance. The failure of a student to attend an assigned detention is regarded with extreme seriousness. Detentions take preference over all other appointments and commitments, including sports practice and after school work. 19. Under no circumstances will alcohol, cigarettes, lighters, matches, or illegal drugs be allowed in the school. Offensive weapons (eg knives, air pistols) are also strictly prohibited. This also applies to all school functions, activities, trips and camps. 20. Threatening behaviour or abusive language towards others (staff or students) is not tolerated. Fighting is strictly forbidden. 21. Students must exercise all care in respecting school property. Damage will result in the cost of repairing the item being met by the student concerned. Deliberate vandalism (including graffiti) is not tolerated. 22. Graffiti either on text books, exercise books, folders, or school bags is not permitted. 23. Chewing gum is not permitted. 24. Unauthorised visitors on the school property are not permitted. 25. Theft and interference with another person=s property (including uniform items) will not be tolerated. 26. The school s language policy encourages students to use language that does not discriminate against people by reason of their gender, age, ethnicity, sexual orientation, religion, first language or because of any disability they may have. Page 6

SCHEDULE 3 HOMESTAY AGREEMENT Accommodation Placement Fee Please note that a change of Homestay requested by a student may incur a further $200 placement fee NZ $ 400.00 Homestay 2016 Accommodation fee 48 weeks in advance @ $270.00* per week *A surcharge will apply to the accommodation fee for a student under the age of 14 years old. NZ $12,960.00 Designated Caregiver / Extra-Caregiver 48 weeks in advance @ $70 per week NZ $ 3,360.00 All International students stay in a homestay which has been vetted, organized and supervised in accordance with the Code of Practice. International students are not allowed to live in a flatting situation, nor are they allowed to arrange homestay accommodation themselves. They must be in the care of a responsible and mature adult. Our approved Homestay organisation provides the following services: Meeting students at the airport if required. (Extra cost) Helping students become familiar with living in Auckland. Regular checks with both the student and the homestay parent(s). Finding alternative placement if necessary or if the homestay family is going to be absent. Providing 24 hour availability and contact with the parents if there are problems. For a fee, they will provide an extra-caregiver service which the school requires for students. From time to time students do encounter problems in their homestay family situation. Our homestay family organization makes every effort to work with the student and the homestay family to resolve difficulties. In cases where they are unable to resolve the issues they will move the student to an alternative homestay family. A further placement fee may be charged, as indicated above. Page 7