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Enrollment Agreement Terms & Conditions (LA)

1. THESE TERMS AND CONDITIONS

These Terms and Conditions supplement the Enrollment Agreement and other materials provided to you in relation to your application to attend Point Blank Music School. All programs, courses, studios, equipment and materials are owned, created, operated, and/or managed by Point Blank Los Angeles, Inc. (“Point Blank”), a company with its trading address at Mack Sennett Studios, 1215 Bates Avenue, Los Angeles, CA 90029. This Agreement is between Point Blank, and you (“you” or the “Student”). If you are under 18 years old you will need the permission of your parent/guardian to enter into this Agreement and/or register for Point Blank Music School courses.

2. REGISTRATION AND PROGRAM FEES

Please see the other sections of this Agreement for payment details. If any payment is late (whether as an installment or other payment), Point Blank reserves the right to cancel the relevant program(s) outright or suspend your right to attend until such payment(s) is/are received. Repeated late payments may result in the termination of the Student’s program.

3. LOCATION OF INSTRUCTION

All residential instruction is provided at Mack Sennett Studios, 1215 Bates Avenue, Los Angeles, CA 90029 except in the case of occasional field trip visits offsite to places of interest within the City of Los Angeles, for which students will either be provided transportation or given specific addresses for during the program.

4. ACCESS TO STUDIOS

Every Point Blank student enrolled in an program of not less than three months in duration at the Los Angeles location shall be given access to reasonably-sufficient practice time at Point Blank’s facility. No reservations will be accepted more than one week before the requested session. Please note that at peak times, some students may be subject to a waiting list. It is compulsory to book practice time in advance by at least 24 hours. Point Blank will use reasonable endeavors to honor all bookings, but reserves the right to cancel booked studio time for any reason at any time. In any such case, Point Blank will attempt to notify the relevant student(s) and studio time cancelled by Point Blank (without any student-related cause) will be re-booked at a mutually convenient time.

5. USE OF POINT BLANK PROPERTY

a. Each student is responsible for ensuring that no Point Blank equipment or property is damaged, lost or stolen as a direct or indirect result of their own action or failure to act appropriately.

b. With prior permission of Point Blank in each case, a student may bring one guest (who is a creative collaborator) onto Point Blank premises (and the student shall ensure such guest observes all Point Blank terms and rules, including those relating to Health & Safety and Security).

c. The student will be solely responsible at all times for the actions and omissions of the student’s guest brought on to the Point Blank premises.

d. In the event that any Point Blank equipment or property is damaged, lost or stolen as a direct or indirect result of negligent action or failure to act appropriately by any student or guest, the student agrees to pay all reasonable costs in full (including without limitation for replacement or reparation).

e. For the avoidance of doubt, no Point Blank property may be removed from the premises without the express prior consent of Point Blank in each case.

f. Point Blank shall not be responsible for any damage to, or loss or theft of, any student’s or guest’s personal belongings.

6. ABSENCES

a. Absence from a booked or otherwise scheduled session (or number of sessions) will not automatically give rise to any right of re-scheduling or refund.

b. If you are unable to attend a session for any reason, please let us know as far as possible in advance and if practicable we will use reasonable endeavors to provide to you the missed information.

c. Cancellation terms are detailed elsewhere in this Agreement. Please note that Point Blank cannot accept cancellation of any specific course(s) within a larger program, but only of a full program itself.

7. STUDENT CONDUCT

Point Blank provides its services in an academic setting and therefore students must accept the authority of the Point Blank instructors and other members of Point Blank staff to take reasonable disciplinary action to safeguard and promote students’ welfare or otherwise as appropriate and/or necessary. For the avoidance of doubt, Point Blank will not tolerate any form of discrimination, bullying, harassment, victimization or discrimination. For the avoidance of doubt, please note that Point Blank has a zero-tolerance drugs policy. Point Blank reserves the right to suspend or expel any student deemed (by Point Blank in its sole discretion) to be unsuitable as a result of the student (or, where relevant, the student’s guest) acting or behaving unsociably, offensively or otherwise unacceptably through conduct, attitude or demeanor. In such cases, suspension or expulsion shall not give rise to a right to refund, and full fees will remain payable (as booked or up to the date of expulsion as applicable).

8. SPECIAL NEEDS

Please inform us of any special physical or medical requirements you may have with as much notice as possible, in order for us to try to meet them as far as practicable.

9. INTELLECTUAL PROPERTY

All intellectual property rights (including without limitation registered design, copyright, database right, trademarks, application to register any of the aforementioned rights, trade secrets and/or know how) in Point Blank materials and courses described in this brochure are and shall remain the exclusive property of Point Blank or its licensors. Point Blank shall also own all intellectual property rights arising in the parts of recordings and writings created, performed or written by Point Blank employees during the teaching of courses where Point Blank and its employees have had input into the composition and/or recording and/or production of said works. Any unauthorized reproduction, dissemination, broadcast or other use of such Point Blank owned or controlled recordings and/or writings is prohibited and shall constitute breach of this Agreement and an infringement of copyright. From time to time, Point Blank may offer to certain students Publishing and/or Production licensing and/or administration arrangements with the express intent of exploiting songs and/or recordings presented by the student to Point Blank.  All such arrangements shall be subject to the terms offered in each case.

10. CATALOG

Information about Point Blank Music School is published in a school catalog that contains a description of certain policies, procedures, and other information about the school. Point Blank Music School reserves the right to change any provision of the catalog at any time. Notice of changes will be communicated in a revised catalog, an addendum or supplement to the catalog, or other written format. Students are expected to read and be familiar with the information contained in the school catalog, in any revisions, supplements and addenda to the catalog, and with all school policies. By enrolling in Point Blank Music School, the Student agrees to abide by the terms stated in the catalog and all school policies.

11. LANGUAGE OF INSTRUCTION AND ENROLLMENT AGREEMENT

All admission activities and instruction occurs in English. If a prospective student is accepted for admissions based on documented English skills and his or her primary language is not English, the student has the right to obtain a clear explanation of the terms and conditions of this Agreement and cancellation and refund policies in his or her primary language, at his or her expense by a translation service of his or her choosing prior to execution of this Agreement.

12. GRADUATION DOCUMENT

I understand that I will be awarded a Certificate of Achievement (for single-course programs) or a Certificate of Completion (for multiple-course programs) when I have completed all of the program requirements. To complete and graduate from a program, a student must have passed each course, have a final grade point average of at least 70%, and have satisfied all financial obligations.

13. NOTICE CONCERNING TRANSFERABILITY OF CREDITS AND CREDENTIALS EARNED AT OUR INSTITUTION

The transferability of credits you earn at Point Blank Music School is at the complete discretion of an institution to which you may seek to transfer. Acceptance of the Certificate you earn in your program is also at the complete discretion of the institution to which you may seek to transfer. If the Certificate that you earn at this institution are not accepted at the institution to which you seek to transfer, you may be required to repeat some or all of your coursework at that institution. For this reason you should make certain that your attendance at this institution will meet your educational goals. This may include contacting an institution to which you may seek to transfer after attending Point Blank Music School to determine if your credits, or Certificate will transfer.

14. CAREER SERVICES

Placement assistance is provided. However, it is understood that the School does not and cannot promise or guarantee neither employment nor level of income or wage rate to any Student or Graduate.

15. QUESTIONS

Any questions a student may have regarding this enrollment agreement that have not been satisfactorily answered by the institution may be directed to the Bureau for Private Postsecondary Education at 2535 Capitol Oaks Drive, Suite 400, Sacramento, CA 95833, www.bppe.ca.gov, toll-free telephone number (888) 370-7589 or by fax (916) 263-1897.

16. COMPLAINTS

If you should ever have any complaint(s), please speak to any member of staff and we will do our best to resolve the matter. If you are unhappy with the outcome, please put your complaint in writing to the Chief Academic Officer of Point Blank LA, c/o Mack Sennett Studios, 1215 Bates Avenue, Los Angeles, CA 90029 or to danielb [at] pointblankmusicschool.com. A student or any member of the public may file a complaint about this institution with Bureau for Private Postsecondary Education by calling 888.370.7589 toll-free or by completing a complaint form, which can be obtained on the bureau’s Internet Website, www.bppe.ca.gov.

17. FINANCING

The Student understands that if a separate party is financing his/her education, that the Student, and the Student alone, is directly responsible for all payments and monies owed to the school listed on this Agreement.

18. LOANS

If a student is eligible for a loan guaranteed by the federal or state government and the student defaults on the loan, both of the following may occur:

a. The federal or state government or a loan guarantee agency may take action against the student, including applying any income tax refund to which the person is entitled to reduce the balance owed on the loan.

b. The student may not be eligible for any other federal student financial aid at another institution or other government assistance until the loan is repaid.

19. STUDENT TUITION RECOVERY FUND

The State of California established the Student Tuition Recovery Fund (STRF) to relieve or mitigate economic loss suffered by a student in an educational program at a qualifying institution, who is or was a California resident while enrolled, or was enrolled in a residency program, if the student enrolled in the institution, prepaid tuition, and suffered an economic loss. Unless relieved of the obligation to do so, you must you must pay the state-imposed assessment for the STRF, or it must be paid on your behalf, if you are a student in an educational program, who is a California resident, or are enrolled in a residency program, and prepay all or part of your tuition. You are not eligible for protection from the STRF and you are not required to pay the STRF assessment, if you are not a California resident, or are not enrolled in a residency program.

20. LIMITATION OF LIABILITY

Point Blank’s liability to you hereunder shall be limited to the total amount you have actually paid to Point Blank for the applicable course. Except as set out herein, Point Blank shall under no circumstances be liable to you, whether in contract, tort or otherwise, for any indirect or consequential loss arising hereunder or in connection with the courses provided by Point Blank. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence. For the avoidance of doubt, Point Blank shall not be liable for any loss or termination hereunder resulting from or arising in connection with any student visa status or other reason related to immigration matters.

Point Blank:

a. Accepts no responsibility for loss, damage or theft of personal belongings;

b. Reserves the right to alter advertised teachers at any time;

c. Reserves the right to cancel courses at any time and/or to transfer bookings to rescheduled dates (with appropriate refunds in each case) due to circumstances beyond the institution’s control;

d. Reserves the right to vary the course materials without notice and/or to refuse any application or request for a course booking without giving a reason;

e. Takes no responsibility for the quality of services or products provided or offered by third party advertisers and/or vendors (and any inclusion in course materials or other presence during a course does not constitute recommendation or endorsement by Point Blank).

21. FORCE MAJEURE

For the purposes of this Agreement, “Force Majeure Event” means any event beyond the reasonable control of Point Blank including without limitation strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, including governmental visa status, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. Point Blank shall not be liable hereunder as a result of any delay or failure to perform its obligations as a result of a Force Majeure Event. If the Force Majeure Event prevents Point Blank from providing any of the Services and/or Goods for more than four (4) weeks, Point Blank shall, without limiting its other rights or remedies, have the right to terminate this Agreement (and any course which may be in progress) by written notice without further obligation or liability.

22. GENERAL

Point Blank may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party. If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Agreement shall not be affected. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. A person who is not a party to this Agreement shall not have any rights under or in connection with it. Point Blank welcomes staff and students from any race, nationality and/or ethnic origin or background and Point Blank does not discriminate on any such basis, including race, sexual orientation or ability.

23. LAW & JURISDICTION

This Agreement shall be governed by the Laws of the State of California, and the courts of the State of California shall have exclusive jurisdiction over any claim, dispute or difference which may arise out of this Agreement.