Policy and practiceContracts and data
1.2.2 Contracts and Waivers
Version v3 ·
Overview
When organising educational visits, contracts and agreements must be handled carefully. Clear arrangements help protect participants and your employer, ensure legal compliance, and avoid problems later in the planning process.
Before committing to any booking, make sure you understand who is authorised to enter agreements and what the terms involve.
Authority to Sign Contracts
You must have your employer’s permission before entering into any contract on behalf of your school or setting.
Only authorised staff should sign contracts, waivers etc. with external providers. If a contract is signed without approval, it could result in disciplinary action or personal liability for any associated costs.
All agreements must be made between the establishment and the provider, not between the provider and individual parents or participants. This ensures appropriate safeguarding, insurance cover, and clear lines of responsibility.
Understanding Terms and Conditions
Always read the provider’s terms and conditions carefully before confirming a booking. In particular, check:
- Cancellation and refund arrangements
- Deposits and payment schedules
- Insurance requirements
- Any references to waivers (or similar)
If anything is unclear, seek advice from your Head/Manager, Educational Visits Coordinator (EVC), Educational Visits Adviser, or an appropriate legal/insurance adviser.
Providers may be willing to clarify or amend unclear terms.
Waivers, Disclaimers, Liability Release and Risk Acknowledgements
Some providers may ask for waivers or disclaimers (or similar). These documents may ask participants to give up/release certain legal rights, such as bringing claims for negligence.
- Do not sign waivers without employer approval first
- Do not ask parents/carers to sign waivers
- UK law does not allow organisations to limit liability for death or serious injury caused by the providers negligence
- Some documents may be safety briefings, risk acknowledgements, or consent forms rather than formal waivers — read them carefully
For overseas visits, check in advance whether a waiver is required and request a copy before confirming the booking.
Consent and Providers Forms
Providers forms should not include financial agreements, waivers, or contractual terms for parents to sign. These arrangements must be handled through the school or setting.
Parental consent forms should focus on participation, medical information, and relevant permissions.
Data Protection
When sharing participant information with providers, you must comply with data protection requirements.
Personal data, including medical details or photographs, should be shared as necessary and only where appropriate consent and contractual arrangements are in place.
Cancellation and Insurance
Check both the contract and your insurance arrangements for cancellations or changes due to illness, weather, or unforeseen events. Where relevant, parents should be informed about the insurance arrangements that apply to the visit.
Key Points
- Only authorised staff may sign contracts or waivers
- Contracts must be between the establishment and the provider
- Read and understand all terms, especially cancellations and payments
- Check any waivers or risk acknowledgements carefully
- Ensure data protection requirements are followed
Links to further reading:
- OEAP National Guidance available at https://oeapng.info
- 3.2i Contracts and Waivers