Program Enrollment Agreement
PROGRAM ENROLLMENT AGREEMENT
Effective Date: 11/26/2020
This Program Enrollment Agreement (“Agreement”) is by and between LANTERN ACADEMY INC. (“Lantern Academy”, “We”, “Us”, “Our”) and You, a parent or guardian who enrolled Your child to a Course, Tutoring, Homework Club, or Homeschool PackagePersonalized Learning (“Program”) with Us.
1.1. All Program techniques and materials (online and print), content, code, software, data, videos, and session transcripts, copyrights, trademark rights and other intellectual and property rights used in or related to the Programs are the exclusive property of Lantern Academy or Our licensors. You agree not to disclose, reproduce, sell or distribute to any third party any information, written or spoken, including Program materials, obtained from Us in connection with Lantern Academy or the Programs, and agree to use such information only for Your personal, non-commercial use.
1.2. Without limiting the foregoing, You further agree not to share Your online Lantern Academy access or to otherwise allow any other person to use the Lantern Academy resources provided to You. To the extent You need to download software or documentation to access services or materials in connection with the Programs, We grant You a limited, non-assignable, non-transferable, revocable license to use such services and materials solely for use with the Program and only for Your personal, non-commercial use. Such license will terminate when the Program expires or otherwise terminates.
1.3. You understand that for certain Programs, size is limited and, therefore, enrollment is taken on a first-come, first-served basis.
1.4. You are solely responsible for all telephone, computer hardware and other equipment and all Internet or wireless services required for access to and use of the Programs.
2.1. You agree to pay in full by credit card, debit card, or other payment method acceptable to Us for the Program/s as follows:
2.2. Deposit. You must pay the Deposit amount of [amount in words] (amount in number) (or may pay in full) at the time You enroll.
2.3. Full Payment.
2.3.1. If You paid only the Deposit when You enrolled, then You must pay the balance of the payment in full by [number] days prior to the first scheduled session of the Program. If You have not paid in full by [number] days prior to the first scheduled session, You authorize Us to charge the balance to Your payment method on file.
2.3.2. If You enroll within [number] days of the start of the Program, You must pay in full at the time of enrollment.
2.4. Notwithstanding the foregoing, if We have approved a payment plan for You, then payments are due in accordance with such plan, but You must still pay the Deposit when You enroll.
2.5. You authorize Us to charge the payment method We have on file, regardless of whether the information associated with such payment method has changed, including but not limited to the expiration date of a credit card. We may receive updated information about Your payment method from the issuing financial institution. If Your payment method is declined, You agree to pay all amounts due upon demand by Us. If We have not yet received the payment, We may cancel and terminate the enrollment. If We request a third party to collect unpaid amounts that You owe Us, You will be liable for all of Our attorneys' and/or collection agency fees.
3. PAYMENT FOR ADDITIONAL TUTORING HOURS.
3.1. If You schedule more tutoring hours than the number for which You enrolled, You authorize Us to charge Your payment method on file for the additional hours You have used at the undiscounted rate for comparable tutoring at the time. Without limiting the foregoing, additional tutoring hours will not be eligible for any discount, promotion or rebate. If You want to inquire how many hours have been scheduled and left in Your Program, please contact Us. Speak regularly with Your tutor or teacher throughout the tutoring sessions so You know how many hours You have completed.
4. FEES AND TAXES.
4.1. You agree to pay all fees, plus applicable tax, for any payments You make concurrent with the Program/s.
5.1. Within 3 days before a Program You have enrolled in starts, You may withdraw Your enrollment. We will provide a refund of the percentage of the payment You have paid as listed below. Time Frame Refund Within 7 days after enrollment. 100% 8 days or more days after enrollment. 50%
5.2. No refunds will be given after the start of the first scheduled session of the Program.
6. CHANGING PROGRAMS.
6.1. Within 2 weeks of enrolling to a Program, You may change Your enrollment to another that is the same type as the original, except for the start date. If You change Your enrollment to another after the original has started, then You may join the new Program at the same point You left Your original Program. You may make this change only once. Once You make this change, You are no longer allowed to change or eligible for any refund based on any change.
7. CANCELLATION OF PROGRAMS.
7.1. Occasionally, due to various circumstances, We may change Program schedules, cancel a Program, or not have a tutor or teacher available for You.
7.2. If We cancel the Program in which You have enrolled and are not able to reschedule You into another that is acceptable to You, or if We are unable to match You with a tutor or teacher, We will refund all of the tuition or fee You have paid, including Your Deposit, and We will have no further liability to You with regard to the cancelled Program.
8.1. Valid refunds take approximately 30 days from notification of withdrawal, change or cancellation to be processed.
9. CANCELING OF TUTORING SESSIONS.
9.1. Cancellation by You. If You need to cancel a scheduled tutoring session, You must give Us a 24-hour advance notice. If You fail to give the advance notice of any cancellation, the missed session will be treated for purposes of remaining tutoring hours, as if the session took place.
9.2. Cancellation by Tutor. If the tutor cancels or misses an appointment without a 24-hour advance notice to You, You will receive one free session of equivalent hours to the missed session of tutoring in addition to the hours in the Program.
10. PROHIBITED CONDUCT.
10.1. You agree that You will comply with other conditions that We may notify You of that in Our opinion are warranted to ensure the safety of the staff and students.
10.2. You agree that You will treat Lantern Academy tutors, instructors, coaches, and counselors with respect and not use obscenities, make threats or discuss matters other than those related to the Programs.
11. DISMISSAL.REFUSAL OF ADMISSION OR REMOVAL.
11.1. Lantern Academy, in its sole discretion, may dismiss refuse admission of or remove a student from any Program if:
11.1.1. The fees for the student’s Program have not paid in full on or before the first scheduled session (unless Lantern Academy has approved a payment plan); or
11.1.2. The student, in Lantern Academy's opinion, is disruptive in the Program; or
11.1.3. The parent or guardian of the student does not comply with Our Terms and Conditions set out on Our Website at http://www.LanternAcademy.com/, this Agreement, or other applicable rules and procedures that We provide.
11.2. Lantern Academy will not refund any amounts or provide any credit where the dismissal refusal or removal is based on any of the circumstances provided in this section 11 .
12. PROGRAM SATISFACTION.
12.1. If You are not satisfied with the tutor We have assigned to You, please contact Us before Your second tutoring session. We will look into the matter and find a suitable solution which may involve assigning a new tutor.
12.2. While We hope that You will be completely satisfied with the Programs, We know that occasionally You may have an unsatisfactory experience. If You do have an unsatisfactory session, please let Us know about Your experience so that We may investigate and improve Our Programs. To report an unsatisfactory session, You may email us at firstname.lastname@example.org.
13. FORFEITURE OF TUTORING HOURS.
13.1. If after You have had Your first or subsequent tutoring sessions, there is no tutoring session scheduled by You for over a 180 day period, all unused tutoring hours will be forfeited.
14. YOUR RESPONSIBILITIES.
14.1. As parent or guardian, it is Your responsibility to:
14.1.1. ensure Your child attends the Program;
14.1.2. attend open meetings for parents and guardians;
14.1.3. let the Us know if there are any problems that may affect Your child’s ability to learn;
14.1.4. ensure Your child completes homework regularly in keeping with the Our Homework Policy;
14.1.5. inform Us of Your child’s absences and reasons for absences in a timely manner;
14.1.6. treat Our staff with respect;
14.1.7. support the authority and effort of Our staff;
14.1.8. help and encourageassist Your child to to observe proper behavior achieve maturity, self-discipline and self-controlduring Program sessions.
15. ENROLLMENTS BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT.
15.1. The terms and conditions previously in effect for the Program when You enrolled will govern cancellations, changes, withdrawals and refunds for that Program.
16. GUARANTEE OF PERFORMANCE.
16.1. Lantern Academy makes no guarantee, express or implied, regarding the academic improvement of the student receiving private tutoring.
17. DISCLAIMER; LIMITATION OF LIABILITY.
17.1. LANTERN ACADEMY WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAMS, EVEN IF LANTERN ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN THE GUARANTEE SET FORTH BELOW, LANTERN ACADEMY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LANTERN ACADEMY'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE PROGRAM WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PROGRAM.
18. GOVERNING LAW.
18.1. This Agreement and any claim or dispute arising out of, relating to or in connection with this Agreement or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to its conflicts of law principles.
19.1. The exclusive means of resolving any such claim or dispute shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that You have the right to bring an individual claim against Company in a small-claims court of competent jurisdiction. But whether You choose arbitration or small-claims court, You may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
19.2. Arbitration initiated due to this arbitration Section is covered by confidentiality. The confidentiality includes all information that arises during the proceedings as well as decisions or arbitrational awards due to the proceedings. The information covered by the confidentiality may not, in any form, be forwarded to a third-person without the written consent of the other party. However, a party shall not be prevented from turning to a general court for securing interim relief or precautionary measures.
20. INCORPORATED DOCUMENTS.
21.1. Entire Agreement. This Agreement and the incorporated documents represent the entire agreement between the parties and the provisions of this Agreement shall supersede all prior oral and written commitments, contracts and understandings with respect to the subject matter of this Agreement.
21.2. Amendments. Lantern Academy reserves the right, in its sole discretion, to change this Agreement, in whole or in part, at any time. Changes in this Agreement will be effective when posted.
21.3. Counterparts. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
21.4. No Waiver. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
21.5. Assignment. We may assign this Agreement to any person or entity without Your consent. You may not assign this Agreement without Our prior written consent.
21.6. Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
21.7. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
21.8. Survival. Sections 1.1 , 1.2 , 16 , and 17 shall survive any termination or expiration of this Agreement.
22. CONTACTING US
22.1. We are registered in New York under registration number [Number], and Our registered office is at 1 Liberty Plaza 3rd Floor, New York, NY 10006.
22.2. You can contact Us:
22.2.1. by post, to the postal address given above;
22.2.2. using Our Website contact form;
22.2.3. by telephone, on (844) 215-3135; or
22.2.4. by email, to email@example.com.
23.1. You acknowledge that You have read and that You agree to this Agreement, that You are signing and agreeing to this Agreement for and on behalf of Your child, that You enter into this Agreement without force or duress and of Your free will. Your decision to enter into this Agreement is a fully informed decision and You are aware of all legal and other ramifications of such decision.
23.2. Note that You must be 18 years of age or older to accept this Agreement.
23.3. Please indicate Your acceptance of this Agreement by checking the “I agree to the Program Enrollment Agreement” checkbox when prompted.