BACKGROUND

The Client is of the opinion that the Contractor has the necessary qualifications, experience, and abilities to provide services to the Client.
The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this agreement.

The Client and Contractor agree as follows:

SERVICES PROVIDED BY THE CONTRACTOR

Collaboration with Client i.e., school head to identify those students most appropriate for referral for the service.
Collaboration with Client to gain written consent from adults holding parental responsibility for each student receiving the Service.
Meetings (in person, via telephone or online video link) with school, staff, families and other relevant staff and support agencies that take place during the days that the Contractor is present in school.
Full compliance with school safeguarding procedures.
Initial observation and assessment which will involve meeting the child, SENCO, class teacher and teaching assistants
Discuss targets and desired outcomes with SENCO and class teacher and set these as necessary for the young person
Support class teacher / Teaching assistant to ensure continuity and delivery of intervention(s) to the best outcome of the young person.
Writing of reports up to 500 words in length if requested at an additional cost by the Client to support funding, applications, LAC reviews or EHCP’s
Delivery of staff training as per client requirement at an additional cost

CONDITIONS PROVIDED BY THE CLIENT

A named member of staff to act as liaison between Client and Contractor.
Safeguarding information to be provided
We require a willingness to undertake recommendations made by Creative Mindset to ensure to progress is made towards agreed outcomes.
A familiar member of staff to be made available to be with the young person when working with staff form Creative Mindset
Client must provide the Contractor with the young person’s risk assessment (if applicable) prior to work commencing with any staff from Creative Mindset

TERMS OF AGREEMENT

The term of this Agreement will begin on the date of this Agreement and will remain in full force for the period of one academic year (date).
In the event that either Party wishes to terminate this Agreement, that party will be required to provide notice of 14 days or less prior to the consultation date: you will be charged 100% of the fees (zero refund)
In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
This agreement may be terminated at any time by mutual agreement of the Parties.
Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.

PAYMENT

The Contractor will charge the Client for the Services at the rate of £80 per hour for 1-2-1 12-week face-to-face hourly session.

Report Writing for example for CIC review, ECHP or funding support @ £60 per hour

Payment will be due for all sessions timetabled unless: cancelled by the Contractor; when agreed between Client and Contractor when it may occasionally be necessary to cancel full days or half days for operational reasons within the school. This should be negotiated with seven days’ notice and confirmed in writing to avoid charge.
Any additional work outside that identified in this Agreement as the Services may be negotiated between the Client and the Contractor and confirmed in writing at a charge of £80 per hour.
The Client will be invoiced in advance of services
Invoices submitted by the Contractor to the Client are due within 7 days of receipt.
The Contractor will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and the Contractor will indemnify the Client in respect of any such payments required to be made by the Client.

CONFIDENTIALITY

The Contractor provides the Service within the Ethical Framework – sessions with the child remain confidential with two exceptions: if the law requires it, if there is real and serious risk of danger or harm to the client or another person. In this instance the Contractor will follow the safeguarding procedures of the Client, retain appropriate records, and may also consult the Safeguarding lead to oversee all work and take action recommended. Confidentiality continues after the support has ended.
Confidential information (the “Confidential Information”) refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
All relevant records about this work will: be kept with Client to support the work with my young person, be stored securely in locked a locked cabinet at Client’s School, only accessible to Danielle Barker and Mary Collins at Creative Mindset
Any personal documentation sent electronically will be encrypted with a password

EQUIPMENT

The Contractor will provide training, advice, support and draft timetable necessary to deliver the Service in accordance with the agreement.
The client will take responsibility for providing any specialist materials and equipment needed. This will be discussed with the client before implementation of the bespoke timetable.

AUTONOMY

Except as otherwise provided in this Agreement, the Contractor will work autonomously in relation to professional working methods and clinical decision making within provision of the Service, and not at the direction of the Client. However, the Contractor will work in collaboration with the Client taking into account reasonable needs and concerns in provision of the Service.

INDEMNIFICATION

Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

SEVERABILITY

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of England.

ORDER OF SERVICE PROVIDED Timescale of service to be discussed and confirmed prior to consent. This is flexible and can be extended if needed for more complex clients. With Review being up to and limited to 6 months.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal

Client Name

Name: ……………………………………………………………………………………………………………………………………….

Role:

Signature:………………………………………………………………………………………………………………………………………

Date:……………………………………………………

Creative Mindset

Name: …… Mary Collins and Danielle Barker

Role:……… Wellbeing and Behaviour Consultants

Signature: ………………………………………………………………………………………………………………………………………

Date: ……………………………………………………………………………………………………………………………………………..