Whether you’re making a booking or passing on details, you may be entering a legally binding agreement. That carries responsibilities, and sometimes even personal risk. Jake Wiid, director at EVOLVE Advice, looks at what to keep in mind.
Not just paperwork: when a booking becomes a contract. A contract doesn’t always need a signature. If you confirm a booking over the phone, pay a deposit online or send an email, you may already have formed one — usually on behalf of your school. Make sure you’re authorised to sign or you may find yourself personally liable.
Waivers: what’s in a name? In the UK, providers can’t legally ask you to waive the right to claim for injury or death caused by their negligence. If they do, it may not hold up in court — but it’s still a red flag. Both the OEAP Provider statement (8.1q) and the LOtC Quality Badge include conditions on waivers.
The term waivers can be misleading. Many are simply acknowledgements of risk or limits on liability (e.g. lost items, photography, etc). Still, read them carefully and if in doubt, always confirm with your head or employer first. Make sure you ask for all documents at the time of booking so there are no last minute surprises.
You should not allow a provider to agree any ‘waiver’ directly with participants or parents. This would create a legal contract between the provider and parent/carers and is unlikely to be covered by your insurance.
Keep things clear with parents. While there’s not always a written contract between school and families, there is usually an understanding. Set expectations in writing: use letters, consent forms or info packs to explain payment, cancellation, and expectations.
Handle data with care. Sharing medical, behavioural or dietary info with a provider may be essential — but check they have a clear privacy policy, store data securely, and won’t reuse it. If they want to use pupil photos, opt-in consent is a must.
Finally, plan for the unexpected. What happens if illness, weather or travel disruption forces you to cancel? Check contracts, clarify insurance cover, and make sure parents understand what is — and isn’t — refundable.
A little legal awareness goes a long way. Getting advice early and asking the right questions can help you avoid surprises, protect your pupils — and protect yourself.
Your Adviser can provide tailored advice on contracts, waivers, and planning. Don’t hesitate to ask questions — it’s always better to check before you sign. See also: OEAP National Guidance 3.2i Contracts and waivers at oeapng.info/downloads/download-info/3-2i-contracts-and-waivers.
This publication is a general summary of guidance. It should not replace advice tailored to your specific circumstances.
For more information about EVOLVE Advice go to www.evolveadvice.co.uk.
