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Course Agreement Terms & Conditions (LA)

1. THIS AGREEMENT

All courses, studios, equipment and materials are owned, created, operated and/or managed by Point Blank Limited (“Point Blank”), a company registered in England with its trading address at 23-28 Penn St, London N1 5DL. This Agreement is between Point Blank LA, which is situated in Mack Sennett Studios, 1215 Bates Avenue, Los Angeles, CA 90029, 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. DEPOSIT AND COURSE FEES

Deposit fees (also called “Registration Fees”) are non-refundable. Full payment, if not paid at the same time as the Deposit Fee, must be received by no later than fourteen (14) days prior to the commencement of the course you wish to take. Payment by instalments is possible if arranged in advance according to the guidelines set out below.

3. PAYING BY INSTALMENTS

Payment by instalments is possible if agreed and arranged in advance according to the following guidelines. All students wishing to pay by instalments must provide either:

  1. bank account details from which a termly direct debit of an agreed amount is set up to pay into Point Blank’s designated account with the first payment due two weeks before the first day of the course and thereafter at least two weeks before the first day of each subsequent term until all due payments are completed (and please note that Point Blank requires written evidence of all such direct debits before the first payment); or
  2. valid credit or debit card details from which Point Blank will deduct the course fees as and when they become due. This arrangement can also be set up via Worldpay.

In the event that the Student fails to pay by either of these methods for any reason (including without limitation a card being or becoming invalid) there will be an additional administration charge of five pounds (£5) per transaction. For a full list of prices and details, please refer to the specific course fees.

4. LATE PAYMENT

If any payment is late (whether as an instalment or other payment), Point Blank reserves the right to cancel the relevant course(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 course.

5. LOCATION OF COURSES

The Point Blank Los Angeles Music School courses are delivered at Mack Sennett Studios, 1215 Bates Avenue, Los Angeles, CA 90029 unless specifically stated otherwise (e.g. other Point Blank studios, visits offsite to places of interest, etc.) Please refer to individual course details on the website at the time of booking and ensure you confirm again shortly before the start of your course. Students must ensure that they have confirmed the location of their course in advance.

6. ACCESS TO STUDIOS

Every Point Blank student on an LA-based course of not less than three months in duration shall be given access to reasonably sufficient practice time at Point Blank Los Angeles Music School. 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. Practice time at the Point Blank studios is available from 11am-6pm on Friday, Saturday and Sunday throughout most of the year. It is compulsory to book practice time IN ADVANCE by at least 24 hours.

Point Blank will use reasonable endeavours to honour 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.

7. USE OF POINT BLANK PROPERTY

  1. 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.
  2. With prior permission of Point Blank in each case, a student may bring up to two guests onto Point Blank premises (and the student shall ensure guests observe all Point Blank terms and rules, including those relating to Health & Safety and Security). The student will be solely responsible for the actions and omissions of any guests brought on to the Point Blank premises.
  3. 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) .
  4. 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.
  5. Point Blank shall not be responsible for any damage to, or loss or theft of, any student’s (or any guests’) personal belongings).

8. ABSENCE, CANCELLATIONS & REFUNDS

  1. 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. 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 endeavours to provide to you the missed information.
  2. To cancel a full course (including all relevant modules), written notice of the cancellation must be received by Point Blank at least 21 days before the originally notified start date of the relevant course. Such written notice must be sent by recorded delivery or given by hand to a Point Blank employee. Cancellation with less than 21 days’ notice will result in course fees remaining as payable in the normal manner. If a course is postponed, the original start date will remain valid for all purposes relating to cancellations (i.e. you will not qualify for a refund if you postpone a course and then cancel within 21 days of the re-scheduled date). Please note that Point Blank cannot accept cancellation of any specific module(s), but only of a full course.
  3. Deposit fees are non-refundable.
  4. In the event of dropping or leaving a course for any reason, the student will not be entitled to any refund or part refund (and will be liable for any balance of course not yet received, even if obtained via a funding body).

9. COURSE TIMETABLE

Point Blank reserves the right to change the dates, times, prices and contents of the courses without prior notice.

10. STUDENT CONDUCT

Point Blank reserves the right to suspend or expel any student deemed (by Point Blank in its sole discretion) to be unsuitable through the student (or, where relevant, the student’s guest) acting or behaving unsociably, offensively or otherwise unacceptably through conduct, attitude or demeanour. 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).

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, victimisation or discrimination. For the avoidance of doubt, please note that Point Blank has a zero tolerance drugs policy.

11. 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 made 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 unauthorised 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.

12. 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.

13. 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:

  1. Accepts no responsibility for loss, damage or theft of personal belongings;
  2. Reserves the right to alter advertised teachers at any time;
  3. Reserves the right to cancel courses at any time and/or to transfer bookings to rescheduled dates. through Students unable to attend rescheduled dates may be entitled to some refund or other credit in some cases.
  4. 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.
  5. 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.

14. 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.

15. 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.

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 Head of Point Blank LA, Jesse Rogg at Mack Sennett Studios, 1215 Bates Avenue, Los Angeles, CA 90029.

17. 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.