Last updated: Aug 1, 2025, 02:00 PM UTC

Risk Analysis and Important Clauses - LSA Contract Review

Generated: 2025-07-26 12:40 UTC
Status: Complete
Verified: Critical Risk Assessment

Executive Summary

Protect yourself from hidden contractual pitfalls with this comprehensive risk analysis. This document exposes critical clauses that could significantly impact your student experience, financial obligations, and legal rights within the LSA-University of the Built Environment relationship.

Risk Overview Dashboard

graph TD A[Student Risks] --> B[🔴 Practice Liability] A --> C[🔴 Financial Exposure] A --> D[🟡 Programme Continuity] A --> E[🟡 Academic Progression] A --> F[🟡 Technology Access] style A fill:#fff3e0 style B fill:#ffccbc style C fill:#ffccbc style D fill:#ffe0b2 style E fill:#ffe0b2 style F fill:#ffe0b2

🔴 High-Risk Areas for Students

1️⃣ Practice Placement Liability Risks

Risk Level: 🔴 HIGH

CRITICAL WARNING: University disclaims ALL liability for practice placement issues

Risk Factor Impact Mitigation
Workplace Injury University disclaims all liability Student must rely on Practice insurance
Employment Disputes No University intervention Direct resolution with Practice required
Unsafe Working Conditions Student responsibility to assess Must take "appropriate steps" for safety
Unpaid/Underpaid Work No University protection Employment contract enforcement only

Critical Clause: "You agree that the University shall not be responsible or liable in any way for any action or inaction of the Practice" (Clause 8.2)

2️⃣ Financial Exposure Risks

Risk Level: 🔴 HIGH

graph LR A[Initial Fees] -->|Year 1: +10%| B[Year 2 Fees] B -->|Year 2: +10%| C[Year 3 Fees] C -->|Year 3: +10%| D[Year 4 Fees] D -->|Total: +46%| E[Final Cost] style A fill:#e8f5e8 style B fill:#fff3e0 style C fill:#ffe0b2 style D fill:#ffccbc style E fill:#ef5350,color:#fff

Fee Increase Risk

  • Annual Increases: Up to 10% per year permitted
  • Compounding Effect: Could result in 46% total increase over 4-year programme
  • Limited Recourse: Can only terminate contract, lose credits earned

Non-Payment Consequences

  • Rapid Escalation: Consequences begin after just 3 days late
  • Academic Disruption: Examination exclusion, library access removal
  • Graduation Risk: Results/certificates withheld until payment

Critical Clause: "Tuition Fee increase for a current student shall not exceed a 10% (ten percent) increase on the total Tuition Fees of Your Programme" (Clause 12.17)

3️⃣ Programme Continuity Risks

Risk Level: 🟡 MEDIUM-HIGH

Programme Closure Scenarios

  • Staff Departure: Key staff leaving can trigger programme closure
  • Low Enrollment: Insufficient student numbers = financial unviability
  • Regulatory Changes: Third-party requirements can force closure
  • Force Majeure: Extended disruption (6+ weeks) allows termination

Critical Clause: "If there are an insufficient number of students registered on the Programme meaning the continued running of the Programme is financially unviable" (Clause 10.3.3)

4️⃣ Academic Progression Risks

Risk Level: 🟡 MEDIUM

Limited Reassessment Opportunities

  • Two Attempts Maximum: First attempt + reassessment only
  • Module Failure: May prevent progression or require year repetition
  • Time Limits: Maximum registration period restrictions
  • Fee Implications: Resit fees charged in addition to tuition

5️⃣ Technology and Access Risks

Risk Level: 🟡 MEDIUM

Digital Dependency Issues

  • No Uptime Guarantee: University disclaims responsibility for system availability
  • Third-Party Dependencies: Internet/Microsoft dependencies beyond University control
  • Adobe Suite Requirement: Student must purchase at own cost
  • Access Withdrawal: Breach of conduct can result in access termination

Critical Contractual Clauses

1️⃣ Liability Limitation Clauses

Clause 21.3: University excludes liability for:

  • Injury by other students or non-employees
  • Theft, fire, or flood damage
  • Force Majeure delays
  • Indirect or consequential losses

Student Impact: Very limited recourse for common university-related losses

2️⃣ Intellectual Property Ownership

Clause 15.1: "All intellectual property rights created by You in connection with work on the Practice's projects belong to the Practice"

Student Impact: Students lose ownership of work created during mandatory placements

3️⃣ Contract Termination Powers

Clause 19.2: University can terminate for:

  • Qualification evidence discrepancies (4 weeks after start)
  • Incorrect application information
  • Academic performance failures
  • Non-engagement over two terms
  • Health and Safety breaches

Student Impact: Broad termination powers with potential fee forfeiture

4️⃣ Programme Change Rights

Clause 10.1: University can change programmes for:

  • "Students' overall interests"
  • Regulatory compliance
  • Staff unavailability
  • Academic/operational reasons
  • Factors beyond reasonable control

Student Impact: Limited control over programme content after enrolment

5️⃣ Force Majeure Scope

Clause 24.1: Includes extensive Force Majeure events:

  • Pandemics and widespread illness
  • Strikes and industrial action
  • Equipment breakdown
  • Staff illness or departure
  • Weather disruption

Student Impact: University can suspend obligations for common operational issues

Financial Risk Assessment

Deposit Risk Analysis

Scenario Deposit Status Risk Level
Cancellation within 14 days Full refund LOW
University programme changes Full refund LOW
Voluntary withdrawal after 14 days No refund HIGH
Academic termination No refund HIGH

Refund Risk Matrix

Withdrawal Timing Term 1 Year 1 Subsequent Terms Risk Level
Within 4 weeks of term start 80% refund 80% refund MEDIUM
After 4 weeks No refund No refund HIGH
During Cancellation Period 100% refund N/A LOW

Data Protection and Privacy Risks

Personal Data Handling

PRIVACY ALERT: Your personal data handling includes:

  • Twice-yearly Updates: Mandatory personal details confirmation
  • Special Category Data: Confidential handling of disability/wellbeing information
  • Data Sharing: May share with explicit consent or legal requirement
  • Retention Periods: Not clearly specified in contracts

Consumer Rights Limitations

Excluded Protections

  • Apprenticeship Students: Excluded from refund/compensation policy
  • Publicly Funded Students: Different withdrawal calculation methods
  • Statutory Rights: Policy stated as "without prejudice" but practical limitations exist

Regulatory Compliance Gaps

Potential Areas of Concern

  1. OIA Jurisdiction: Some disputes may fall outside OIA scope
  2. Consumer Rights: Tension between educational and consumer service provision
  3. OfS Requirements: Student Protection Plan implementation unclear
  4. Competition Law: Limited alternative provider information

Risk Mitigation Recommendations

For Students

graph TD A[Risk Mitigation] --> B[Get Insurance] A --> C[Budget Planning] A --> D[Document Everything] A --> E[Monitor Progress] B --> F[Professional Indemnity] B --> G[Accident Cover] C --> H[+10% Annual Increases] D --> I[Communications] D --> J[Payments] E --> K[Academic Performance] style A fill:#e8f5e8 style B fill:#e1f5fe style C fill:#f3e5f5 style D fill:#fff3e0 style E fill:#e8f5e8
  1. Insurance: Consider personal professional indemnity and accident insurance
  2. Financial Planning: Budget for potential 10% annual fee increases
  3. Documentation: Keep detailed records of all communications and payments
  4. Early Warning: Monitor academic progress closely to avoid progression issues

For University

  1. Clear Communication: More transparent fee increase projections
  2. Student Support: Enhanced support for practice placement issues
  3. Technology Resilience: Improved system availability guarantees
  4. Alternative Arrangements: Clearer contingency plans for programme disruption

Legal Advice Recommendations

URGENT: Students should seek independent legal advice regarding:

  • Practice placement liability arrangements
  • Intellectual property implications of placement work
  • Financial exposure from fee increases
  • Rights in programme change/closure scenarios

🔴 Red Flag Clauses Requiring Immediate Attention

Priority Clause Risk Impact
🔴1 8.2 Complete University disclaimer for practice placement liability 💥 Extreme
🔴2 12.17 Uncapped compound fee increases up to 10% annually Severe
🔴3 19.2.1 Broad termination rights for qualification discrepancies High
🔴4 21.3 Extensive liability exclusions for common university risks High
🔴5 15.1 Student loss of intellectual property rights in placement work Medium

Key Takeaways

This risk analysis reveals:

  • Substantial Financial Exposure: Students bear significant financial risks with limited protection
  • Limited Legal Recourse: Extensive liability disclaimers favor the University
  • IP Rights Loss: Students forfeit valuable intellectual property during placements
  • Unilateral Change Powers: University retains broad modification rights

Next Steps

  1. Review the Comprehensive Contract Review Plan
  2. Understand your Academic Regulations and Progression
  3. Consult a legal professional for personalized advice

Remember: Knowledge is your best defense against contractual risks. Stay informed and seek professional advice when needed.