PROGRAM TERMS, CONDITIONS, AND UNDERSTANDINGS AS STATED WITHIN THE ENROLLMENT AGREEMENT
Each student who wishes to enroll in an on-campus or online program delivered by pointblank Music School in Los Angeles, California must sign an Enrollment Agreement which is provided at the time of enrollment. If you are under 18 years old you will need the permission of your parent/guardian to execute the Enrollment Agreement. The following Program Terms, Conditions, and Understandings appear as Section E of the Enrollment Agreement and apply only to students enrolled in on-campus or online programs delivered by pointblank Music School in Los Angeles, California:
E. PROGRAM TERMS, CONDITIONS, AND UNDERSTANDINGS
1. REGISTRATION AND PROGRAM FEES
Please see the other sections of [the Enrollment Agreement] for payment details. If any payment is late (whether an installment or otherwise), pointblank 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 withdrawal from the program.
2. LOCATION OF INSTRUCTION
All on-campus instruction is provided at 1035 S. La Brea Avenue, Los Angeles, CA 90019 except in the case of occasional field trip visits offsite to places of interest within the County of Los Angeles, for which students will either be provided transportation or given specific addresses for during the program.
3. ACCESS TO STUDIOS
Every pointblank student enrolled in an on-campus program of not less than three months in duration shall be given access to reasonably-sufficient practice time at pointblank’s facility during each term of instruction. 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. pointblank 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, pointblank will attempt to notify the relevant student(s) and studio time cancelled by pointblank (without any student-related cause) will be re-booked at a mutually convenient time. Complete studio booking policies and procedures are published within the Catalog.
4. USE OF POINT BLANK PROPERTY
a. Each student is responsible for ensuring that no pointblank 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 pointblank in each case, a student may bring one guest who is a creative collaborator onto pointblank premises. The student shall ensure the guest observes all pointblank 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 onto pointblank premises.
d. In the event that any pointblank 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 pointblank property may be removed from the premises without the express prior consent of pointblank in each case.
f. pointblank shall not be responsible for any damage to, or loss or theft of, any student’s or guest's personal belongings.
5. ABSENCES
a. Absence from a scheduled class session or sessions will not automatically give rise to any right of re-scheduling or refund.
b. If you are unable to attend a scheduled class 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 pointblank cannot accept cancellation of any specific course(s) within a larger program, but only of a full program itself.
6. STUDENT CONDUCT
pointblank provides its services in an academic setting and therefore students must accept the authority of the pointblank instructors and other members of pointblank staff to take reasonable disciplinary action to safeguard and promote students’ welfare or otherwise as appropriate and/or necessary. For the avoidance of doubt, pointblank will not tolerate any form of discrimination, bullying, harassment, victimization, or discrimination. For the avoidance of doubt, please note that pointblank has a zero-tolerance policy towards illegal drugs. pointblank reserves the right to suspend or expel any student deemed (by pointblank 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 automatically give rise to a right to refund, and full tuition and fees up to the date of withdrawal will remain payable, as applicable.
7. 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. pointblank’s Request for Accommodation form is recommended for this purpose and may be obtained by contacting the Chief Academic Officer.
8. INTELLECTUAL PROPERTY
“Intellectual Property Rights” means all copyright, design rights, database rights, trademarks, trade secrets and/or knowhow.
a. PB Materials - All Intellectual Property Rights in pointblank materials and course materials are and shall remain the exclusive property of pointblank or its licensors. Any unauthorized reproduction, dissemination, broadcast, or other use of such pointblank owned or controlled materials is prohibited and shall constitute a breach of this Agreement and/or an infringement of copyright.
b. Music - All Intellectual Property Rights arising in the productions, recordings, and compositions created by you during and as part of your program shall be owned by you, including any original contributions made by pointblank employees which are specifically intended to be part of your specific works. From time to time, pointblank Recordings may offer to certain students Publishing and/or Production licensing and/or administration arrangements, with the express intent of cooperatively distributing songs and/or recordings presented by the student to pointblank Recordings. All such arrangements shall be subject to the terms offered in each case.
9. CATALOG
Information about pointblank Music School is published in a school catalog that contains a description of certain policies, procedures, and other information about the school. pointblank 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 pointblank Music School, the Student agrees to abide by the terms stated in the catalog and all school policies.
10. LANGUAGE OF INSTRUCTION AND ENROLLMENT AGREEMENT
All admission activities and instruction occur 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 the Agreement.
11. GRADUATION DOCUMENT
I understand that I will be awarded the graduation document (diploma, certificate, award, or certificate of course completion) only 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.
12. NOTICE CONCERNING TRANSFERABILITY OF CREDITS AND CREDENTIALS EARNED AT OUR INSTITUTION
The transferability of credits you earn at pointblank Music School is at the complete discretion of an institution to which you may seek to transfer. Acceptance of the certificate or diploma you earn in [your program] is also at the complete discretion of the institution to which you may seek to transfer. If the credits or certificate/diploma 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 pointblank Music School to determine if your credits or certificate/diploma will transfer.
13. CAREER SERVICES
Certain career services are provided as outlined in the Catalog. 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.
14. 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 1747 N. Market Blvd. Ste 225 Sacramento, CA 95834, www.bppe.ca.gov, telephone number (888) 370-7589 or by fax (916) 263-1897.
15. 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 at pointblank Music School, 1035 S. La Brea Avenue, Los Angeles, CA 90019 or to danielb [ a t ] pointblankmusicschool [ d o t ] 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 web site at www.bppe.ca.gov.
16. 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.
17. 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.
18. 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 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.
19. LIMITATION OF LIABILITY
pointblank’s liability to you hereunder shall be limited to the total amount you have actually paid to pointblank for the applicable program. Except as set out herein, pointblank 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 program provided by pointblank. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence. For the avoidance of doubt, pointblank 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.
pointblank:
a. Accepts no responsibility for loss, damage or theft of personal belongings;
b. Reserves the right to alter advertised instructors at any time;
c. Reserves the right to cancel the program 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 program enrollment 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 pointblank).
20. PHOTOGRAPH & AUDIOVISUAL RECORDING RELEASE:
By signing this Agreement, the Student hereby consents to audiovisual recording of their person, image, likeness, and voice by pointblank, and grants permission to pointblank to use and distribute such recordings or still photographs for any promotional or educational purposes. The Student further consents to allowing such recordings to be edited, copied, exhibited, published, and distributed by pointblank and waives the right to inspect or approve any usage. Additionally, the Student waives all rights to royalties or compensation arising or related to the use of such recordings, and consents to allow this material to be used in diverse educational or promotional settings within an unrestricted geographic area. The Student's permission granted here specifically signifies that photographic or audiovisual recordings of the Student may be displayed electronically via the internet or in a public educational setting. The Student agrees that the term of this release is in perpetuity and that it applies to photographic, audio, and/or video recordings collected by individuals affiliated with pointblank.
21. FORCE MAJEURE
For the purposes of this Agreement, “Force Majeure Event” means any event beyond the reasonable control of pointblank 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. pointblank 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 pointblank from providing any of the Services and/or Goods for more than four (4) weeks, pointblank shall, without limiting its other rights or remedies, have the right to terminate this Agreement (and any program which may be in progress) by written notice without further obligation or liability.
22. GENERAL
pointblank 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. pointblank welcomes staff and students from any race, nationality and/or ethnic origin or background and pointblank 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.