Nuffy Bear Creches Terms and Conditions

These terms and conditions and all other documents contained (and referred to) in this Nursery Admissions Agreement constitute your entire contract for childcare services with Nuffield Health (“Nuffield Health”, “Nuffy Bear Day Nursery”, “nursery”, “we”, “us”, “our”) (Company no. 576970) with registered office at Epsom Gateway, Ashley Avenue, Epsom, Surrey KT18 5AL.

At Nuffield Health, we aim to provide high quality care and education for all children in the nursery setting. We will provide carefully thought-out activities appropriate to the children’s ages and stages of development, encompassing the Early Years Foundation Stage statutory framework. Our Vision is to provide “a Healthy start for your little ones” through a happy, safe, warm and stimulating environment for all children to play, learn and develop freely, creating independent and confident children. We bring our values and vision to life through physical active play, child wellbeing, magic of child-lead learning, having fun and nutritional food.

1 General Requirements
1.1 We must receive a signed and fully completed Nursery Admissions Agreement (“Agreement”) before a nursery place can be offered for your child. Nursery places are subject to availability. If your child is offered a nursery place, you must agree with the Nursery Manager a start date and the number of nursery sessions per week. You must also pay the required deposit and nonrefundable registration fee by the date requested.

1.2 You must at all times during the term of this Agreement subscribe to the FAMLY app. The FAMLY app is used to communicate with you, including invoicing, notifications, pictures and educational development. In non-emergency situations we may use the FAMLY app to request that you collect your child from the nursery, for example if your child has been injured or becomes ill whilst at the nursery.

1.3 You must at all times ensure that the information provided in this Agreement is correct and up-to-date. Any change to the information must be communicated in writing to a member of staff at our nursery (“Nursery Staff”), including (without limitation) any change concerning:
(a) your child’s dietary requirements;
(b) your child’s health or existing medical condition;
(c) any special educational need and/or disability relating to your child;
(d) any Court Order or custody arrangement relating to your child’s care; and
(e) your contact details or any emergency contact details.

1.4 You must immediately inform Nursery Staff upon attending the nursery if you have administered any medication to your child before attending the nursery.

1.5 Where Nursery Staff administer medication to your child in accordance with this Agreement we’ll provide you with a written notice upon collection of your child from the nursery. You agree to acknowledge the administration of the medication in the form required by Nursery Staff upon collection.

1.6 We do not permit any photography or video recording equipment at the nursery and you must ensure that no such equipment is left with your child at the nursery.

1.7 We do not recommend that you leave any items at the nursery. All items left will be at your own risk. We do not accept responsibility for any loss or damage to any items that you or your child leave at the nursery, including (but not limited) to clothing, toys and prams.

2 Nursery attendance
2.1 Subject to any circumstance beyond our reasonable control, the nursery is open 51 weeks a year. The nursery is not a term-time only nursery.

2.2 The nursery closes the week between Christmas and New Year and on Bank Holiday days in England.

2.3 Where Christmas Eve falls on a weekday (i.e. Monday to Friday) then the nursery will close at 1pm on Christmas Eve and you will be charged for a whole day session on Christmas Eve. An alternative PM nursery session will be arranged on a different date at no further charge and we shall provide details of such alternative PM nursery session. Except for Local Authority funded sessions, where such alternative PM nursery session cannot be arranged then we shall refund the cost of the Christmas Eve PM nursery session to you. For all Local Authority funded sessions, an additional PM session will be offered on a different date.

2.4 Parents must contact the nursery if your child is unable to attend, for instance due to holiday or other reason. Any time taken off due to holiday or other reason is still payable, including meal and snack charges, unless we agree in writing otherwise.

2.5 You must provide one (1) month’s advance written notice to the Nursery Manager of any change required to your regular nursery session booking pattern, including meal/snack and funding arrangements. Any change will not take effect unless one (1) month’s advance written notice is provided. We do not offer holiday breaks or ability to swap nursery sessions.

3 Illness and Injury
3.1 We operate an Exclusion Policy for childhood illnesses, including (but not limited to) conjunctivitis, chicken pox, vomiting, diarrhoea and gastroenteritis, and this policy can be viewed at the nursery. Please contact the nursery in advance if you are unsure whether your child may attend under the Exclusion Policy. We will not permit your child to attend nursery if your child is ill or the designated exclusion period has not expired, as we will not be able to provide your child with one-to-one care. You must notify the Version 5 Nursery Admission Agreement 012025 2 nursery in advance if your child is unable to attend any nursery session due to illness. Nursery fees remain payable for any nonattendance due to illness.

3.2 You must notify the Nursery Staff either in advance of attending the nursery or immediately upon attendance if your child has sustained injury at home or elsewhere (other than at the nursery) and has physical signs of injury/bruising. You must complete a Previous Injury Form upon attendance at the nursery.

3.3 We may administer first aid (such as non-medically prescribed medication to lower your child’s temperature or to apply a plaster) as we feel appropriate in the event of any incident and in accordance with the consent that you have provided in this Agreement.

3.4 If your child is involved in an accident or becomes injured or ill whilst in our care, we will notify you via the FAMLY app. You must acknowledge the incident via the FAMLY app as soon as possible.

3.5 If we assess that your child is in need of emergency medical attention, we shall arrange for an ambulance to take your child to hospital accompanied by an appropriate member of our Nursery Staff. In such instance, we shall contact the person(s) listed as emergency contacts in this Agreement.

4 Behaviour
4.1 We are committed to ensuring that those working at or attending the nursery will be treated fairly, with respect and equally valued as individuals, whatever their race, gender, sexual orientation, disability, religion, belief, culture, age or language.

4.2 We will not tolerate any words or behaviour that we, in our sole discretion, regard as discriminatory or physical or verbal abuse or aggression towards any child, parent/carer or Nursery Staff.

5 Non-Solicitation of Staff
5.1 To protect Nuffield Health’s legitimate business interests, you shall not, without our prior written consent, employ or otherwise engage (directly or indirectly) for the purpose of providing care to your child any Nursery Staff member within a period of six (6) months from the date that Nuffield Health’s engagement of that Nursery Staff member terminated. Where prior written consent is provided by Nuffield Health, then you will be liable to pay us a sum equivalent to ten percent (10%) of that Nursery Staff member’s annual salary as at the date of their termination. That figure represents the anticipated cost to us of recruiting a suitable replacement.

6 Data Protection
6.1 At Nuffield Health, we are committed to protecting and respecting your personal data. All data in this form will be processed in accordance with Data Protection laws and further information on how we process your personal data can be found in our Privacy Policy on our website.

6.2 The information that you provide to us in this Agreement will be regarded as confidential. We will not share information about you or your child with anyone without consent unless the law and/or our policies allow us to do so.

6.3 Nuffield Health uses the FAMLY Nursery Software System to manage nursery information. The accompanying FAMLY App is supplied to you without additional charge as part of this Agreement. You will be permitted access to the FAMLY app up to sixty (60) calendar days after the date of termination of this Agreement and thereafter you will no longer be able to access the FAMLY app.

6.4 You are responsible for uploading billing details into the FAMLY app if you decide this is your preferred way of paying. It is your responsibility to amend all billing details in the FAMLY app, such as if your bank details change or you wish to cancel or switch payment methods.

7 Safeguarding
7.1 All our nursery practitioners are cleared through DBS before supervising children.

7.2 We are obliged to make appropriate reports to relevant authorities if we suspect any instance of any form of child neglect or abuse (for example, physical, sexual or emotional abuse). We may make such report without your consent and/or without notification to you.

7.3 Under no circumstance will your child be allowed to leave the nursery with anyone either unknown to Nursery Staff or not in accordance with care/supervisory arrangements under a Court Order as detailed in this Agreement. We may permit your child to leave the nursery with a person unknown to Nursery Staff where:
(a) we have agreed in writing and in advance with the child’s parent/carer for an approved person to collect the child from the nursery;
(b) a prior-agreed password between us and the parent/carer is provided by the approved person upon arrival at the nursery; and
(c) the approved person provides satisfactory proof of identity upon arrival at the nursery.
We reserve the right not to release your child to a person if we are not satisfied that they are authorised to collect them.

8 Children’s Education and Learning
8.1 We may allow your child access to outdoor facility on Nuffield Health Club premises in all weathers. You must ensure that your child is provided with appropriate clothing / footwear for the weather.

8.2 Your child’s educational journey is shown through the FAMLY App. You must have access to the FAMLY app to see pictures, videos, observations and messages relating to your child. The FAMLY app offers access to different areas of your child’s progress. You have the option to add additional family members onto the FAMLY app. Version 5 Nursery Admission Agreement 012025 3

9 Nursery Benefits
9.1 Swimming Lessons:
(a) Pre-School children aged three (3) and over will receive swimming lessons during term-time on the days arranged by the nursery. Please check the schedule for swimming lessons with the nursery. The aim of the swimming lessons is primarily water confidence, learning simple strokes and having fun in a water environment. These sessions are at no additional cost and are subject to change due to unforeseen circumstances, availability of qualified swimming teachers, and the day(s) your child attends the nursery.
(b) Parents/carers will need to provide their child with the following for each swimming lesson: swimming costume, towel, swimming hat, appropriate footwear and a swim nappy if required.
(c) Your child will not be permitted to participate in a swimming lesson if your child has had a heavy cold, sickness or diarrhoea bug with forty-eight (48) hours of the swimming lesson.

9.2 Refer a Friend Discount:
If you refer a new parent/carer to Nuffy Bear Day Nursery we will reward you with either a £250 discount off your nursery fees for a full-time space or a £100 discount off your nursery fees for a part-time space. For the “Refer a Friend” discount to be applied to your account the new parent/carer must:
(a) identify you as the person who referred them on the Financial Agreement at point of joining;
(b) have their child enrolled for three (3) clear months; and
(c) have paid three (3) clear months’ nursery fees.
Local Authority funded referrals are excluded from this promotion. Nuffield Health reserves the right to amend or remove this promotional offer at any time without notice.

9.3 Complimentary Gym Membership: Where your child attends the nursery on a full-time basis (i.e. fifty (50) hours per week/ fifty-one (51) weeks per year) then we offer complimentary adult Nuffield Health fitness & wellbeing gym membership for a parent/carer of your child for the duration of your child’s full-time nursery enrolment. The gym membership cannot be transferred to another person. To redeem this offer, you must complete a Gym Membership Application Form and adhere to all applicable gym membership terms and conditions. This promotional offer is subject to availability, is non-refundable and cannot be exchanged for cash or any other product or service. We reserve the right to amend or remove this promotional offer at any time without notice. The complimentary gym membership will automatically terminate upon the first occurrence of any of the following events:
(a) on the last day of your child’s enrolment at the nursery;
(b) if your child’s nursery attendance falls below a full-time basis (i.e. less than fifty (50) hours per week / fifty-one (51) weeks per year); or
(c) your child’s account becomes in arrears.

9.4 Sibling Discount:
If your child has a sibling attending the nursery then a single ten percent (10%) discount will be applied to the nursery fees of the eldest sibling only, irrespective of the number of siblings in attendance. For the avoidance of doubt, only one discount can be applied to any child and no discount shall be applied to any ad-hoc purchases, meal and snack charges or products.

9.5 Nuffield Health Employee Discount:
Nuffield Health employees are eligible to receive a maximum twenty percent (20%) discount on all nursery fees, excluding meal and snack charges and products. Nuffield Health contractors, agency workers and bank workers are not eligible for this benefit. The discount will be applied via the FAMLY app. It is the Nuffield Health employee’s responsibility to notify the Nuffield Health Finance Team (or other appropriate contact nominated by Nuffield Health from time to time) of the discount to be applied.

9.6 Discretionary Nursery Session Offering:
We may choose to offer (in writing) a free nursery session(s) to a child if, in our sole discretion, we assess that there are circumstances requiring such an offering and it would be of benefit to the child to attend the nursery session(s) offered. For the avoidance of doubt, parents/carers cannot request such Discretionary Nursery Session Offerings; such Offering will at all times be at the sole discretion of Nuffield Health.

10 Payment
10.1 Deposit and Registration Fee. In order to secure a nursery placement you must pay the required deposit and registration fee by the date requested to the following Nuffield Health account:

Bank: NatWest
Account Name: Nuffield Health Day Nurseries A/C
Account No: 19221479
Sort Code: 60-04-04

Reference: Please include the site reference and your child’s name as the payment reference

The registration fee is non-refundable. Deposits are non-refundable during the four (4) month period prior to your child’s nursery start date. Deposits will only be refunded once your child’s enrolment at the nursery has terminated and provided that your account is clear of any outstanding balance. We reserve the right to deduct any outstanding balance owed following termination Version 5 Nursery Admission Agreement 012025 4 from the deposit.
The registration fee and deposit are payable for all privately funded nursery sessions. Where a child is fully funded by a Local Authority pursuant to clause 11 (Free Early Years Education (Local Authority Funding)) below, then the registration fee and deposit will not be payable unless you require us to provide meals and snacks or you purchase any additional nursery service or product.

10.2 Invoicing.
All nursery fees are payable in advance. We will issue invoices on or around 26th day of each month for the following calendar month’s nursery fees. Each invoice will be itemised.
(a) Parents/carers must raise any queries about each invoice by 1st day of the calendar month following the invoice date, after which the invoice will be taken to have been agreed.
(b) All invoices must be paid in full by 5th day of the calendar month following the invoice date. For example, where an invoice is issued on 26th January then any queries with the invoice must be raised by 1st February and payment in full must be made by 5th February.

10.3 Method of Payment.
Payment of nursery fees may be made:
(a) via the FAMLY App;
(b) by Tax Free Childcare;
(c) by Tax Free Vouchers;
(d) by bank transfer.
It is your responsibility to ensure that we receive payment of all nursery fees by 5th day of the calendar month following the invoice date.

10.4 Unpaid Invoices.
We operate a strict policy on outstanding nursery fees. Each invoice must be paid in full by 5th day of the calendar month following the invoice date. If any invoice remains outstanding after 15th day of the calendar month following the invoice date, then your child will not be permitted to use the nursery until you have cleared all outstanding nursery fees. Where the outstanding nursery fees are not paid in full within thirty (30) calendar days of the invoice date, then we may instruct an external debt collection agency to recover the debt and your child’s enrolment at the nursery will automatically terminate. If you have or anticipate having any difficulty paying the nursery fees or have any queries about an invoice, please contact Nursery.Finance@nuffieldhealth.com by 1st day of the calendar month following the invoice date.

10.5 Ad hoc nursery sessions.
Subject to availability, ad hoc nursery sessions may be booked at the nursery and must be paid for at the time of booking. The price of each ad hoc nursery session will be based upon the most recent nursery session rates. No discount will be applied to any ad hoc nursery session. 10.6 Late charge. Unless otherwise agreed in writing by the nursery, where a child is not collected at the agreed time from the nursery then the parent/carer will be liable to pay the late collection fees as applicable at the relevant nursery. Details of late charges applicable at your nursery are available upon request. Late collection fees will be invoiced to you monthly in arrears.

10.7 Non-refundable.
In accordance with general industry practice, periods of child illness, holidays, Bank Holidays and other absences are NOT refundable, unless we agree otherwise in writing.

10.8 Refund.
In the event of unforeseen staff shortages, it may be necessary to close the nursery. In such circumstance, parents/carers will be offered an alternative session for the child or a refund for such nursery closure date(s).

10.9 Changes in nursery fees.
We reserve the right to review and change the nursery fees at any time. We will notify you of any change to the nursery fees with a minimum one (1) month’s written notice. If you do not agree to the change then you may cancel this Agreement in accordance with clause 12.1 (Ending this Agreement). Nursery fee increases will apply to all future starters.

11 Free Early Years Education (Local Authority Funding)
11.1 Funding – Local Authority funding is limited at all nurseries due to the popularity of specific days and times; some sessions and days may not be available. Each nursery operates a local allocation policy and priority is given to existing registered children transferring to Pre-school. You are required to meet the Nursery Manager to agree on available funding days. Funding hours will not be offered until this process is completed and agreed and all relevant forms have been received. Term Time Funding is offered across 190 days as AM (08.00 -13:00), PM (13:00 – 18:00) & AD (08:00 -18:00), subject to change in accordance with the Local Authority Early Years Entitlement (“LEA”) term date guidelines. Local Authority funded and privately-funded sessions are booked separately. Privately-funded sessions are not discounted when consolidated with Local Authority funding hours.

11.2 Eligibility –
Prior to the start of each nursery term, you must provide a fully completed Local Authority funding form and eligibility code to the Nursery Manager, as well as any other funding forms or information required by us from time to time.
(a) Prior to the start of each term, the Nursery Manager shall communicate the deadline for receipt of all fully completed forms and eligibility code.
(b) It is the sole responsibility of parents/carers to ensure that the Nursery Manager receives all fully completed forms and eligibility code by the stated deadline.
(c) Your child shall not be eligible for Local Authority funding where the Nursery Manager does not receive all fully completed forms and eligibility code by the deadline. Instead, your child may attend the nursery as a privately-funded child at the standard private hourly rates until such time as the Local Authority agrees to fund nursery hours. You will be responsible for paying all privately-funded nursery sessions in accordance with clause 10 (Payment) above.

11.3 Non-attendance –
You are responsible for adhering to the Local Authority Terms and Conditions. Non-attendance of Local Authority funded nursery hours may result in the Local Authority requesting a funding refund from Nuffield Health. If we receive a Version 5 Nursery Admission Agreement 012025 5 Local Authority request for a funding refund due to unattended sessions then we shall notify you. You agree to reimburse Nuffield Health at the standard private hourly nursery session rate for each unattended Local Authority funded nursery session. You will be invoiced via the FAMLY app and are required to pay the invoice in accordance with clause 10 (Payment) above.

11.4 Meal & snack charges –
Meals and snacks are NOT included in any funding sessions. Where you require us to provide meal and snacks then you are responsible for paying the cost which will be itemised on your invoice. Meal and snack charges are nonrefundable if your child does not attend a session.

12 Ending this Agreement
12.1 To cancel your nursery place, you must provide at least one (1) month’s advance written notice to the Nursery Manager. Cancellation will take place upon expiry of the one (1) month’s advance written notice and you will be responsible for all nursery fees up to the date of expiry of the notice.

12.2 We reserve the right to terminate this Agreement with immediate effect if in our reasonable opinion and at our sole discretion:
(a) you or any named parent/carer or your emergency contact or your child demonstrates any physical or verbal abuse or aggression towards, or is otherwise deemed a threat to the safety and wellbeing of, any of our staff, children or other parent/carer or emergency contact;
(b) you or any named parent/carer or your emergency contact uses any discriminatory words or behaviour towards any of our staff, children or other parent/carer or emergency contact; or
(c) if we reasonably believe the nursery is unable to provide suitable care and/or learning for your child to make reasonable progress in accordance with relevant learning frameworks, such as the Early Years Foundation Stage statutory framework.

12.3 We reserve the right to terminate this Agreement with immediate effect if any invoice is not paid in full within thirty (30) days of the invoice date.

12.4 If this Agreement ends for any reason, you remain responsible for paying all nursery fees due up to and including the date of termination. It is your responsibility to cancel the method of payment. Where applicable, you must ensure that any overpayment that we have refunded to you is refunded back to the voucher company/Tax Free Childcare in accordance with HMRC guidelines.

13 General
13.1 Force Majeure.
Nuffield Health shall not be held in breach of this Agreement or otherwise liable for any nursery closure or change to the nursery offering or nursery hours or failure or delay to meet its obligations under this Agreement due to any circumstance beyond its reasonable control, including (but not limited to) war, government regulations, severe weather conditions, transportation strikes or acts of terrorism. For the avoidance of doubt, Nuffield Health will not issue any refund in such circumstance.

13.2 Liability.
The total aggregate liability of Nuffield Health arising out of or in connection with this Agreement (whether in contract, tort (including negligence) or breach of statutory or other duty whatsoever) shall be limited to the total nursery fees paid in the twelve (12) months immediately preceding a claim, provided however that nothing in this Agreement shall in any way exclude or limit Nuffield Health’s liability for death or personal injury caused by its negligence or for fraud, dishonesty and/or fraudulent misrepresentation or to the extent not permitted by statute or law. Nuffield Health shall not be liable out of or in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory or other duty or otherwise) for any indirect or consequential loss or damage whatsoever, irrespective of whether either party was or should have been reasonably aware of the possibility of such loss or damage howsoever caused and howsoever arising.

13.3 Implied Terms.
The express terms and conditions of this Agreement shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage, or otherwise, all of which are excluded to the fullest extent permitted by law.

13.4 Assignment and other dealings.
Nuffield Health may assign, subcontract, novate or otherwise deal in any manner with any or all of its rights and/or obligations under this Agreement without your prior written consent. You shall not be permitted to assign, subcontract, novate or otherwise deal in any manner with any or all of its rights and/or obligations under this Agreement.

13.5 Variation.
Nuffield Health may unilaterally change any of the terms and conditions of this Agreement at any time:
(a) without notice to you where such change is required by a court of competent jurisdiction, relevant legislation or regulation, or governmental, regulatory or statutory body; and
(b) with at least one (1) month’s advance written notice for any other change. If you are not happy with the change, then you may cancel this Agreement in accordance with clause 12.1 (Ending this Agreement) above.

13.6 Entire Agreement.
This Agreement constitutes the entire Agreement between the parties and supersedes and extinguishes all previous drafts, Agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter. No reliance has been placed by either party upon the same in entering into this Agreement. Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement.

13.7 Severance.
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable then it shall be deemed to have been deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.

13.8 No Waiver.
No failure or delay by a party in exercising any right or remedy provided under this Agreement or by law shall constitute a waiver of that (or any other) right or remedy and nor shall it preclude or restrict its further exercise. In addition, no single or partial exercise of any such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy. Version 5 Nursery Admission Agreement 012025 6

13.9 Third Party Rights.
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

13.10 Governing Law & Jurisdiction.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, formation, existence, validity, or termination (including non-contractual disputes) shall be governed by and construed in accordance with the laws of England and Wales and both parties irrevocably submit to the exclusive jurisdiction of the Courts of