Godsil Education Guardianship Agreement – Second Level

Godsil Education Guardianship Agreement – Second Level

For Students in Second Level Schools

This Godsil Education Guardianship Agreement – Second Level sets out the terms and conditions under which Godsil Education shall provide educational guardianship and support to students during the period of their participation in the Godsil Education Guardianship Programme – Second Level.

By signing this Godsil Education Guardianship Agreement – Second Level the co-signing parties agree to be bound by the terms and conditions as set out hereunder.

1. Definitions

  1. Agreement’ is this agreement together with the relevant and appropriate application form(s), medical form(s) and any other document(s), or service agreement(s) referred to herein.
  2. Student‘ means the enrolled pupil to whom this Agreement relates (as listed in the relevant and appropriate application form) and who is placed in the School and with the Host Family at the Homestay Accommodation or in Boarding Accommodation.
  3. School’means the high school in Ireland at which the Student is placed from time to time.
  4. Boarder(s)’ means the student(s) who reside in the School during the periods of time when the school is officially open for resident students.
  5. Boarder Weekends’ means the specified weekends (usually once each month) and half-term periods (as specified in advance) when the School is closed for Boarders and when Godsil Education will arrange Homestay Accommodation for the Student. For the avoidance of doubt, Christmas and Easter breaks are NOT included within the description in Boarder Weekends
  6. Fee’ means such sums due by the Parents of the Student from time to time and payable under clause 2, including but not limited to the fee the Parents’ pay for Godsil Education’s services, the School’s fees, and the Homestay Accommodation.
  7. Homestay Accommodation’ means the accommodation at which Godsil Education places the Student during the Programme and where the Host Family is permanently located.
  8. Host Family’ means any approved family with whom the Student is provided with Homestay Accommodation.
  9. Parent(s)‘ means the parent(s) or legal guardian(s), as applicable, of the Student
  10. Personal Information’ is all information relating to the Student including the Student’s health, academic performance, behaviour, conduct, dietary requirements, contact information and any other information necessary to ensure that the Programme can be effected appropriately.
  11. Programme’ means the provision of school placement consultancy, the educational guardianship service arranged by Godsil Education for the Student and includes, the placement of the Student with a Host Family and the educational guardianship provided by Godsil Education and set out in this agreement.
  12. Term Time’ means the time during which the School is officially open for the reception of students in the normal course of their education, tuition and pastoral care during the Programme. For the avoidance of doubt, Term Time for part or full-time Boarders includes Boarder Weekends, but does NOT include school holidays, Christmas or Easter breaks, or any other period when the School is officially closed.
  13. Expenses Fund’ means the additional sum of money to be transferred on enrollment of the Student to Godsil Education to be used to purchase uniforms, books and any other miscellaneous costs of the Student agreed in advance with the Parents as detailed in clause 2.4 below and to offset any costs incurred by the student or Parents during the Programme.
  14. Minimum Amount’ means the minimum acceptable sum of money that is held in the Expenses Fund at any time during the Student’s participation in the Programme.

2. Fees

  1. Subject to clause 2.2 and 2.3, in consideration for Godsil Education arranging the Programme for the Student, including providing educational guardianship and fulfilling its obligations under this Agreement, the Parents shall immediately on receipt of each invoice issued in accordance with clause 2.2, pay Godsil Education all Fees due.
  2. The total Fees as set out by Godsil Education (and amended from time to time) shall be invoiced and payable in accordance with clause 2.1 in the following instalments, allowing 5 working days for a bank transfer to be completed:
    1. An initial amount of 30% of the total Fee to be paid on enrolment of the Student in the Programme.
    2. The remaining 70% of the total Fee to be paid at least 8 weeks before the Student arrives in Ireland.
  3. The Parents acknowledge and agree that Godsil Education is authorised to process and transfer the sums due by the Parents to the School, to the Host Family and to any third party and the Parents shall remain personally liable to the School, to the Host Family and any third party for all unpaid fees to any such party.
  4. The Parents will, on enrolment of the Student in the programme, transfer to Godsil Education an additional sum of money (the “Expenses Fund”) and Godsil Education shall hold such sums in an account for the Student to be used to purchase uniforms, books and any other miscellaneous items requested by the Student or by the Parent agreed in advance with the Parents and to offset any costs incurred by the Student or Parents during the Programme.
  5. It is a requirement of participation in the Programme that a sum not less than €1,000 is transferred to Godsil Education at the time of the enrolment of the Student in the Programme. Godsil Education reserves the right to increase this requirement from time to time depending on circumstances and on the requirements and/or the obligations of the Student.
  6. If requested, Godsil Education shall report in writing to the Parents on a monthly basis detailing all sums debited from the Expenses Fund for or on behalf of the Student during the previous month.
  7. The Parents agree that if the total funds in the Expenses Fund reduces to less than €200 (‘the Minimum Amount’) at any time, the Parents shall immediately transfer additional funds to the Expenses Fund as directed by Godsil Education.
  8. At the end of the Programme, subject to the payment of all Fees, expenses, outstanding financial obligations and any reimbursements due to Godsil Education or any third party duly engaged by Godsil Education, Godsil Education shall transfer to the Parents all sums remaining in the Expenses Fund.

3. Godsil Education’s Obligations and Duties

Subject to payment of the Fees, appropriate expenses and financial commitments, and the Parents and Student adhering to the obligations and duties set out in this Agreement, Godsil Education:

  1. Will act as educational guardian for the Student during the Term Time and in any additional periods (as agreed in advance with the Parents) during which the Student is provided with Homestay Accommodation as set out below.  For the avoidance of doubt the Parents shall at all times throughout the Programme be the legal guardiansfor the Student.
  2. Will oversee and administer the Programme and liaise on behalf of the Student and Parents with the School, the Host Family and other third parties throughout the duration of the Programme.
  3. Will liaise with the Student, Parents, the School, the Host Family and any other necessary third party (including but not limited to medical staff) and generally to provide for the wellbeing of the Student during the Programme.
  4. Shall ensure that, in the case of a Student attending a day school, suitable Homestay Accommodation is provided with a Host Family for Term Time and half-terms and, in the case of a Boarder, shall ensure that suitable Homestay Accommodation is provided where required outside of Term Time including half-terms and Boarder Weekends. Accommodation during Christmas and Easter holidays is NOT included in the Programme or the Fee, but subject to the payment by the Parents of a minimum of €40 per night or such other amount as requested by Godsil Education in advance, Homestay Accommodation can be arranged on request, but it is not guaranteed that suitable Homestay Accommodation will be made available as it is dependent on availability. If suitable Homestay Accommodation can be sourced, it is agreed that it may not be with the same, original and primary Host Family that the Student has stayed with up until this point. A surplus guardianship fee is also applied for the Christmas period.
  5. Shall provide supervision, in the case of boarding students, on occasions when flights dictate that students arrive into Ireland earlier than the boarding house re-opens and on occasions when flights dictate that students depart from Ireland later than the boarding house closes and shall charge the Parents €45 per hour including travel time plus travel expenses at €0.46 per kilometre.  Godsil Education shall agree this with the Parent in advance. Similar provisions may apply to Students residing in Homestay Accommodation.
  6. Shall arrange TWO scheduled transfers for the Student, namely:
    1. One transfer at the beginning of the Programme on the Student’s arrival into Ireland from the point of arrival in Ireland to the School or Homestay Accommodation, as applicable, and
    2. One on the Student’s departure at the end of the Programme from the School or Homestay Accommodation, as applicable, to the Student’s point of departure from Ireland.
  7. Shall organise any required airport transfers not included in the programme. These are priced at a minimum cost of €75 for a single trip and must be agreed between Godsil Education and the Parents in advance. This minimum cost may be higher depending on the distance of the School or Homestay Accommodation from the airport and the availability of transport.
    1. Any airport transfers, scheduled or additional, required before 08:00 hours or after 21:00 hours will be subject to an additional charge of €100 per transfer.
    2. For the avoidance of doubt, the Fees do not include any additional costs that may arise in respect of travel costs during the Programme including any cancelled flights (for any reason) and the Parents shall reimburse Godsil Education for all costs and time in arranging transport in connection with the Student.
    3. Godsil Education will meet Students on arrival in their airport of choice. All Students should meet with the Godsil Education representative or the Godsil Education Designated Driver in the Arrivals Hall of the airport within 90 minutes of landing. Should Students be delayed for any reason in meeting with the Godsil Education representative or the Godsil Education Designated Driver after the 90 minutes, a fee of €25 per hour will be charged.
  8. Will visit the Student at the School or Homestay Accommodation or other venue as set out in the agreed Programme between Godsil Education and the Parent. These meetings will take place once per week in the first month and subsequently, once per term for the duration of the Programme.
  9. In addition to Godsil Education visiting the Student under clause 3.8 above, Godsil Education shall attend (as scheduled by the School at the start of each year) designated parent-teacher meeting arranged by the School for its pupils and their parents and shall report to the Parents in writing as soon as possible thereafter and if urgent by phone, on the issues and points discussed or raised in the meeting. For the avoidance of doubt, a meeting under this clause only means the pre-designated official parent-teacher meetings the School has with each pupil and his or her parents during the school year and does not extend to any additional meetings requested specifically by the School in respect of the Student or such meetings the Parents, School or Student requests Godsil Education to attend.
  10. May be requested or required to attend additional meetings from time to time outside of the scheduled visits, as set out under clauses 3.8 and 3.9 above, whether requested or required by the Parent, the School, the Student, the Host Family or at its own discretion. If such a visit is requested or required by any party or determined necessary by Godsil Education, Godsil Education shall visit the Student at the School or Homestay Accommodation and shall charge the Parents €45 per hour including travel time plus travel expenses at €0.46 per kilometre.  Godsil Education shall, if possible, inform the Parent of any additional visit in advance. The Parents agree that this may not always be possible and agree to meet the costs of any such a visit and subsequent report.
  11. Will undertake, from time to time, any additional administration requested by the Parent or the Student, not outlined in the Programme, at the cost of €45 per hour. Godsil Education will advise the Parent and gain authorisation for this charge prior to commencing work.
  12. Will provide the Parent and the Student with information prior to the commencement of the Programme giving details and contact information of the chosen Host Family, the School and emergency contact details for Godsil Education.
  13. Will obtain, at its own discretion, consents from the Parents for all medical treatment including any serious or emergency medical treatment. All parties understand that such consent may not always be possible, whether because of language difficulties, shortage of time or otherwise, and Godsil Education shall be under no obligation to obtain any such consents from the Parents and it is agreed that Godsil Education is required to act in the best interests of the Student.
  14. Will provide a 24/7 emergency helpline for the Student, Parent and School. Any costs incurred in the case of any emergency, including but not limited to airfares, emergency accommodation, overnight supervision, additional transport costs, medical supplies and any other requirements will be reimbursed by the Parent. In addition, Godsil education will charge a fee of €45 per hour including travel time plus travel expenses of €0.46 per kilometre to manage any such emergencies.
  15. 4. The Parents and the Student’s Obligations

    The Parents in entering into this Agreement:

    1. Confirm that Godsil Education is authorised to act as educational guardian to, and for the Student, for the duration of the Programme, subject to clause 4.2 below, and such authority includes, but is not but limited to, liaising and providing instructions in connection with the Student to the School, to the Host Family, to medical professionals and to any other relevant and appropriate parties.
    2. Fully and unconditionally delegate their parental powers and duties to Godsil Education and the School during the course of the Programme provided that Godsil Education is unconditionally released from all duties and obligations as set out in this agreement and ordinarily performed by the Parent during any periods when the Student is under the direct control of the Parents or is absent from the School or the Host Family for purposes not sanctioned by Godsil Education or by the School, in particular (but not limited to) for purposes arranged by the Parents directly.
    3. Provide any additional authority (in writing or otherwise) as requested by Godsil Education from time to time during the Programme. Such authority may be required by the School, Host Family or other relevant party in connection with Student.
    4. Provide Godsil Education promptly with such Personal Information and other relevant information as Godsil Education, the School, the Host Family, medical professionals and other relevant and appropriate parties may reasonably request or require in connection with the Student. The Parents will ensure that the Student’s Personal Information is updated in the event of any changes including, but not limited to Parents contact information, secondary contact information, details of health issues, and all other relevant background information about the Student. The Parents permit Godsil Education and the School to store records of the Student’s Personal Information and only to disclose such information to third parties with the Parents prior written approval or as required by law.
    5. Authorise Godsil Education to delegate such parental powers and duties to the School and the Host Family in such a manner and to such an extent as Godsil Education believes it to be fit and/or necessary.
    6. Provide and keep the medical release authorisation, which forms part of the Application Form, up to date and accurate.  The Parents further confirm that the Student has no allergies, special medical conditions, which would affect the Students’ medical treatment, other than any disclosed in the medical release authorisation or separately disclosed in writing by the Parents to Godsil Education.
    7. Agree to pay and remain liable for all Fees in respect of the Programme as set out in clause 2 above.  The Parents also agree to pay all cancellation fees in respect of cancellation of the Programme including cost of Homestay Accommodation in accordance with the clause 5 below.
    8. Shall not act in such a way as to prevent Godsil Education from carrying out its obligations under this Agreement in a proper and reasonable manner.
    9. Shall arrange for the Student’s passport to be valid throughout the period of the Programme.
    10. Shall organise the Student’s visas, flights and other travel arrangements to and from Ireland as necessary.
    11. Shall arrange appropriate insurances for the Student, including but not limited to, medical insurance and travel insurance for the entire period of the Programme and whilst the Student is in Ireland. All EU nationals should also bring a European Health Insurance Card, which covers public medical care.
    12. Shall ensure the Student brings with them a debit card/ATM (automated teller machine) card, so that the Student can perform cash withdrawals. Under no circumstances, can Godsil Education administer cash to Students.
    13. Shall ensure that the Student complies with all rules, regulations, terms and conditions of the School and all other reasonable requirements of the School and the Host Family.
    14. Consent to the Student travelling whilst in Ireland by any form of public transport and/or in a motor vehicle driven by a responsible adult who is duly licensed and insured to drive a vehicle of that type. If required by the School, the Parents shall provide the School with written acceptance of the School’s rules, regulations and any other terms and conditions as may be in force from time to time.
    15. Consent to the Student swimming under adult supervision and participating in other leisure and sporting activities under adult supervision and agree that should there be specific activities they do not wish the Student to participate in, that these requests be made known in writing to Godsil Education in advance.
    16. Will fully and promptly disclose information to Godsil Education and keep such information updated at all times, both during and prior to the Student commencing the Programme, in relation to:
      1. Any existing educational, clinical, medical diagnosis or other concerns pertaining to the Student.
      2. Any past or current assistance being sought from any educational, clinical, medical professional or other in the investigation of an educational, clinical, medical diagnosis or other concern
      3. The Student’s learning support needs or factors affecting these needs, as set out in the Application Form, to ensure the School and the Student is fully supported by Godsil Education.
      4. Any other information considered relevant to the Student’s wellbeing and participation in the Programme.

    5. Cancellation of Programme or Homestay Accommodation

    1. The Parents may terminate this Agreement by giving at least one clear School term’s notice in writing to expire at the end of the School’s term. This means, therefore, that any such notice, whether given during Term Time or during School holidays, must expire at the end of the following School term. If one full School term’s notice is not given, the Parents will remain liable to Godsil Education’s unpaid fees under clause 2 together with any additional costs already paid by Godsil Education or liable to be paid by Godsil Education on behalf of the Student to the School or Host Family or any other party. Approved refunds will be sent within 30 days notice of cancellation. Sending bank charges will be deducted from the balance being refunded.
    2. In the event that the Parents needs to cancel or alter previously booked Homestay Accommodation for a Student, at least 30 days’ written notice to Godsil Education must be given. Failure to comply with this will render the Parents liable to pay:
      1. 50% of the Term’s Homestay Accommodation fees for the Term if the accommodation is cancelled more than 7 days and up to 29 days before the accommodation is due to start; and
      2. 100% of the Term’s Homestay Accommodation fees if the accommodation is cancelled days or less before the accommodation is due to start.
    3. In the event of the Student being expelled by the School in accordance with the School’s rules and regulations, Godsil Education shall immediately be released from all its obligations to the Parent and to the Student under this Agreement and under the Programme. In such an event the Parents shall remain liable for the unpaid Fees until the end of the Programme and shall not be entitled to any refund of Fees. Any new arrangement for the Student following expulsion from the School is subject to separate agreement between the Parents and Godsil Education.
    4. In the event of the Student not being expelled by the School, but the Student being guilty of persistent unreasonable behaviour or behaviour of a seriously unreasonable nature, under circumstances where Godsil Education acting reasonably, shall no longer be prepared to accept responsibility for the Student, Godsil Education may terminate this agreement forthwith by notice in writing to the Parents.  In such an event Godsil Education shall immediately be released from all its obligations from the Parents and the Student under this Agreement and the Parents shall remain liable for the unpaid Fees until the end of the Programme and shall not be entitled to any refund of Fees.
    5. 6. Change of School

      1. Godsil Education shall seek to accommodate any reasonable request of the Parents and the Student in connection with any change of School for the Student.  Godsil Education will not transfer the Student to another School without the prior written consent of the Parents. Depending on circumstances, a fee may be charged to effect this change. In such cases, Godsil Education will charge a fee of €45 per hour including travel time plus travel expenses of €0.46 per kilometre to manage any such the change of school. Godsil Education will advise the Parent and gain authorisation for this charge prior to commencing work.

      7. Change of Host Family

      Godsil Education shall seek to accommodate any reasonable request of the Host Family, Parents and the Student in connection with any change of Host Family for the Student. Godsil Education will not transfer the Student to another Host Family, except in the case of emergency, without the prior written consent of the Parents. Depending on circumstances, a fee may be charged to effect this change. In such cases, Godsil Education will charge a fee of €45 per hour including travel time plus travel expenses of €0.46 per kilometre to manage any such change of school. Godsil Education will advise the Parents and gain authorisation for this charge prior to commencing work.

      8. Liability and Insurance

      1. Godsil Education will not be held liable for any accidental damage caused by the Student to equipment, structures or property of the School or Homestay Accommodation. It is a condition of participation in the Programme that Parents understand that the responsibility for such accidental damage rests solely with the Student and the Parents. Godsil Education advises that Parents provide for such insurance as may be necessary to cover such eventualities. By signing this Agreement, Parents indemnify Godsil Education against any loss, damage or injury as may be caused by the Student to the School, its staff, or Home Stay Family, or any duly contracted parties.
      2. Godsil Education will not be held responsible or liable for any third party loss or damage to the Student, to his or her belongings, property or items in his or her possession or any loss thereof. Godsil Education advises that Parents provide for such insurance as may be necessary to cover such eventualities. By signing this Agreement, Parents indemnify Godsil Education against any third party loss, damage or injury as may be caused to the Student, to his or her belongings, property or items in his or her possession or any loss thereof.
      3. The Parents shall fully and effectively indemnify Godsil Education against all costs, claims and other losses, which may arise as a result of its reasonable exercise of any discretion or other authority given to Godsil Education under this Agreement.  The Parents shall also fully and effectively indemnify Godsil Education against all costs, claims and other losses, which may arise in connection with medical or other needs and/or obligations of the Student.
      4. 9. Exclusion of Godsil Education’s liability

        1. Godsil Education acts in an advisory position in relation to the education of the Student. As such, the School is selected by the Parent and Godsil Education cannot accept any responsibility to the Parents or the Student for any acts or omissions of the School relating to the Student.
        2. Whilst Godsil Education will take all proper care in selecting the Host Family, Godsil Education cannot accept responsibility for the actions of the Host Family in relation to the Student.
        3. Godsil Education will provide educational advice in the best interests of the Student and in line with educational best practice, and will not accept responsibility for the Student’s academic performance or grades as a result of any advices given.
        4. Whilst Godsil Education will be pleased to assist the Student and the Parents in obtaining any visas and any other entry or re-entry documents which may be required for the Student, or in complying with any statutory entry or re-entry requirements, Godsil Education cannot accept any responsibility for such matters and any legal responsibility shall rest with the Student and the Parents.
        5. Godsil Education cannot accept any responsibility generally for acts carried out in exercising its powers and duties under this Agreement or any omissions relating thereto, except insofar as such acts or omissions are in contravention of this Agreement.
        6. For the avoidance of doubt, Godsil Education cannot accept any responsibility to the School or the Host Family for any acts or omissions of the part of the Student and it is recommended therefore that each Student carry his own third party insurance.

        10. Child Protection

        1. Godsil Education is committed to the protection of all children in its care and adheres in all respects to all national statutory requirements including but not limited to the requirements under National Vetting Bureau, Children and Vulnerable Persons Act, 2012, and the guidelines outlined in the document, Children First 2011, as laid down by Tusla, the dedicated state Child and Family Agency in Ireland.
        2. Godsil Education has a Designated Liaison Person (DLP) and a Deputy DLP, who act as a liaison with outside agencies and who have a statutory responsibility to report all child welfare and child protection issues.
          1. The Designated Liaison Person is Emma Godsil
          2. The Deputy Designated Liaison Person is Arthur Godsil
        3. In accordance with this legislation, Godsil Education will investigate, record and refer, where appropriate, any child protection concerns raised by the School, teachers within the School, the Host Family, other pupils or the Student or any third party including any medical professional.
        4. Godsil Education promotes an environment of trust, openness and clear communication between the Student, the School and our Host Families, so that the Student’s welfare, safety and pastoral care is recognised as the principal priority.

        11. Photograph and identifications

        Godsil Education takes photographs of Students for our own identification purposes, for inclusion in written reports, to assist our drivers with identification at the airports and other relevant documentation as required by state authorities. Godsil Education will manage its data in compliance with Irish law dealing with data protection as defined in the Data Protection Act 1988 and the Data Protection Act (Amended) 2003.

        12. General

        1. In the event of any provisions of this Agreement being held to be void or unenforceable such provision shall be deemed to be severable so that the remaining parts of this Agreement shall remain in full force and effect to the exclusion of the void or unenforceable provision.
        2. This agreement is drafted in the English language and the English language version of this Agreement shall prevail if there is a conflict with any translation of this Agreement.
        3. If you have a complaint or concern about the service you have   received from Godsil Education, the School or Homestay Accommodation, please let us know as soon as possible. You may contact Godsil Education directly by:
          1. Telephone: +353-1-9022756
          2. Email: emma@godsil.ie
          3. Post: Godsil Education, 11 Hawthorn House, Farmleigh Woods, Castleknock, Dublin 15, Ireland.

          All complaints will be dealt with in strictest confidence and will be fully investigated.

        13. Irish Law

        This Agreement and any agreement with the School or the Host Family and any other matters relating to the Programme shall be subject to Irish Law and the Parents undertake to submit to the jurisdiction of Irish Courts in respect of any matters arising thereof. The Parents acknowledge that Irish Law may be different from the law of their own country and are advised to take independent legal advice before entering into this Agreement.

        Godsil Education Guardianship Agreement – Second Level

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