TERMS AND CONDITIONS OF SERVICE, USE AND LIMITATIONS
PLEASE CAREFULLY READ AND REVIEW THESE TERMS AND CONDITIONS OF
SERVICE USE AND LIMITATIONS. THESE TERMS AND CONDITIONS FORM A
PART OF THE AGREEMENT BETWEEN YOU AND THE PARTIES INDICATED
BELOW AND CONTAIN IMPORTANT CONTRACTUAL OBLIGATIONS, RIGHTS
AND DUTIES AND LIMITATIONS AS WELL AS THE METHODS AND VENUES
REQUIRED FOR RESOLVING ANY DISPUTE. IN ADDITION BY USING OUR
WEBSITE AND OR ACCEPTING THE SERVICES OF BLACK BOX ACTING, LLC,
YOU ARE AGREEING TO THESE TERMS AS THEY MAY BE AMENDED AND OR
SUPPLEMENTED FROM TIME TO TIME BY BLACK BOX ACTING, LLC (“Acting
School”).
Version Created June 18, 2015.
Last Updated: June 18, 2015.
Terms of Service
The terms “our,” “us,” “we,” or similar terms refer to Black Box Acting, LLC. The terms
“you,” “your,” “they,” “them,” or similar terms refers to the party or parties contracting
with us. The term “content” means information contained on our website and includes
information added to the website and these terms and conditions from time to time.
These terms and conditions govern your use of the site and agreement between us and
you, and form a part of the binding agreement between us and you.
We operate an acting school for adults and minors (See “Terms For Minors” below).
We run a Conservatory Program (the “ACADEMY”) and a STUDIO Program that offers
classes that run year round.
By enrolling in a class or a program you acknowledge, represent and agree to all of the
following:
The ACADEMY is a conservatory that involves indepth training, a professional
ensemble and a final showcase. This program is for serious acting professionals and it
is regimented, fulltime and lasts 5 months. Training is Monday through Friday for five
months. Admitted applicants are required to book out with their agents during all class
times and the entire rehearsal process for the final showcase.
The STUDIO program offers a fivelevel core curriculum, flexible yet highly intensive
training, selective enrollment following an interview, involves auditions and weekend
intensives. Classes meet once to twice per week and run one to five weeks at a time,
depending on the course.
We reserve the right in our sole discretion to admit or reject applicants to our various
programs and classes. Interviews are mandatory before any student can be admitted to
a class or program. Classes may not be audited. Concluding a class does not
guarantee acceptance into the next class level. Where an accepted student does not
comply with our policies they can be dismissed from the program they are admitted to.
Once accepted into any Black Box Acting program, you are not entitled to and will not
receive a refund or credit if you are dismissed due to your inability to meet a program’s
rigors or to comply with schedules or our policies, or you voluntarily withdraw from our
program or a class.
You also acknowledge, represent, and agree you are 18 years or older, you have
authority to enter into this agreement, when payment has been made by you (or any
third person or party on your behalf if you are a minor [See Terms and Conditions
Applying to Minors below]) this agreement will be binding upon you and upon any third
party making payment on your behalf. You acknowledge, represent and agree that you
have authority to bind the party or third person(s) making payment on your behalf and
yourself to the terms of this Agreement and any other agreement you enter into with
Black Box Acting, LLC. You understand and agree that this Agreement shall be deemed
to be made in and is enforceable under the laws of the State of Illinois, and venue for
purposes of enforcing this Agreement shall be pursuant to the arbitration provision set
out below, and any award may be enforced in the Courts located in the City of Chicago
in Cook County Illinois. You agree to comply with this Agreement and any policies,
rules, and regulations of Black Box Acting, LLC, and any agreement(s) you execute
between yourself and Black Box Acting, LLC, which agreement(s) include the Terms
and Conditions set out herein.
YOU UNDERSTAND AND AGREE THAT WE DO NOT OFFER ANY GUARANTY OR
ANY RESULT, CAREER SUCCESS OR ACHIEVEMENT, AND NO WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE OR FOR ANY RESULT IS PROVIDED BY
US TO YOU, AND ALL WARRANTIESEXPRESS OR IMPLIEDOF
MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE OR
CONDITION, OR OF CUSTOM AND PRACTICE, ARE HEREBY ALL AND EACH ONE
IS EXPRESSLY DISCLAIMED AND WAIVED. UNDER NO CIRCUMSTANCES SHALL
OUR LIABILITY BE GREATER THAN THE FEE WE COLLECT, AND ALL
INCIDENTAL AND OR CONSEQUENTIAL DAMAGES (INCLUDING, BY WAY OF
EXAMPLE BUT NOT LIMITATION, LOST DEPOSITS) ARE DISCLAIMED, WAIVED BY
YOU, AND WILL NOT BE BINDING UPON US NOR SHALL WE BE LIABLE FOR
SAME. WE HAVE NO DUTY TO GUARANTEE THE SAFETY OF YOUR PERSON OR
OF A MINOR OR YOUR POSSESSIONS AND WE HAVE NO DUTY TO DO SO, AND
YOU WAIVE AND DISCLAIM ANY DUTY ON OUR PART TO ASSURE OR
GUARANTEE ANY LEVEL OF SAFETY TO PERSON OR PROPERTY, AND WE WILL
ONLY BE LIABLE FOR OUR GROSS NEGLIGENCE.
WE MAKE NO WARRANTY OR GUARANTEE THAT OUR SERVICES OR THOSE OF
OUR INSTRUCTORS, AGENTS, OR AFFILIATES WILL MEET YOUR NEEDS OR
EXPECTATIONS, OR THAT OUR METHODS OR SERVICES WILL HAVE ANY TYPE
OF DESIRED RESULT. NO INFORMATION RECEIVED FROM ANY PERSONNEL OR
AGENT OF US WILL ACT TO CREATE A REPRESENTATION, WARRANTY, OR
CONTRACTUAL RIGHT, AND ONLY WRITTEN AGREEMENTS SIGNED BY OUR
AUTHORIZED SIGNATORIES WILL BE BINDING AGAINST US.
You acknowledge and agree that by accessing our site and/or signing any agreement
with us you are agreeing fully to all these terms and conditions and limitations and you
are bound by same. You also agree that we reserve the right to change our terms and
conditions, may do so from time to time in our full unlimited discretion and should and or
when we do so, such new terms as amended or further supplemented shall be binding
upon you and be of full force and effect without the need for us to obtain a further
signature from you or duty to send notice of changes to you, and you agree to be bound
by such terms as modified from time to time without us having a duty to notify you
PERSONS UNDER AGE 18 MAY NOT USE THIS SITE AND BY USING THIS SITE
AND SIGNING ANY AGREEMENT WITH US YOU REPRESENT AND WARRANTY
YOU ARE 18 OR OLDER OR THAT YOU ARE THE GUARDIAN OF A MINOR WHOM
YOU ARE CONTRACTING FOR, IF APPLICABLE.
Extenuating Circumstances Policy
We understand that there are times when extenuating circumstances arise that make
fulfillment of the commitment to proceed with a class or program highly problematic.
Death of loved ones, serious illness, or other similar issues may arise. If such events
occur you should notify us and provide as much documentation as possible to validate
the issue. We reserve the right to reject any request for reimbursement and there is no
guarantee any request you make for an Extenuating Circumstance will be honored.
You waive and release all incidental and or consequential damages against us.
We have the right and potentially the duty to share information you provide to us to
comply with applicable laws, or, if we believe in good faith it is necessary to comply with
law, we must share your information, or where necessary to protect our agents or to
comply with lawful subpoenas or other lawful process. We have no duty to monitor your
access to or use of our site or the information contained therein.
Trade Secret Acknowledgement
You acknowledge that the proprietary training methods, materials we supply you, our
site and our content is provided protection by copyright and trademark laws and other
applicable laws of the United States and State of Illinois, and that such proprietary
materials and content, the site and such rights are our exclusive property and you will
not use, remove, alter, obscure any copyright and or trademark notices, or assist other
parties or entities to use, copy, or emulate our proprietary information and processes,
which include but are not limited to our teaching methods, processes, and materials.
Where our proprietary and/or confidential information or materials are misused we may
enforce our rights in a Court of law in the city of Chicago and County of Cook, State of
We have, and reserve the right in our sole discretion, to block your access and/or use of
the site and our content or our facilities at any time and for so long as we elect in our
sole discretion, and doing so will not result in any liability or damages to you. There is
no contractual commitment on our part to provide any level of access to our premises,
our site, our materials or processes, or that our site will remain functioning and on line
for any period of time.
OUR LIABILITY TO YOU UNDER CONTRACT, TORT, PRODUCT LIABILITY OR ANY
OTHER THEORY OF LAW, STATUTORY RIGHT, IS LIMITED TO THE FEE WE
BILLED YOU FOR ANY CLASS OR PROGRAM AND IN NO EVENT SHALL WE BE
LIABLE FOR ANY SUM, AMOUNTS, DAMAGES OR EXPENSE IN EXCESS OF THE
LOWEST OF ANY SUCH FEE WE BILLED AND COLLECTED FROM YOU
REGARDLESS OF THE CAUSE OR EXTENT OF LIABILITY CLAIMED BY YOU. ALL
INCIDENTAL AND OR CONSEQUENTIAL DAMAGES ARE EXPRESSLY WAIVED
AND DISCLAIMED BY YOU.
Dispute Resolution
Any claim by you must be made within one year of your initial payment to us or it shall
be barred.
All claims involving Black Box Acting, LLC will be handled through binding arbitration in
Chicago Illinois, before a single arbitrator with each party to be responsible for his, her
or its attorney’s fees and half the costs of arbitration. The arbitration in Chicago will be
before ADR Systems in accordance with its rules for resolving commercial disputes for
disputes of the size in question and no discovery will be permitted unless the parties’
otherwise mutually agree.
Notwithstanding the mandatory arbitration provision set out above, for matters involving
breach of copyright, trademark or unauthorized use or misappropriation of our trade
secrets, we may elect to enforce our rights against you there or in any court of
competent jurisdiction. For violations of copyright or trademark or trade secrets we have
the right to seek injunctive relief.
In no event may punitive or exemplary damages be awarded. You waive the right to
appear in any class action against us and will only bring any matters involving a dispute
between us before an arbitrator as aforesaid.
No discovery will be permitted in any arbitration. Any arbitrator’s award will be final and
enforceable in a court of competent jurisdiction. Where a dispute is less than $10,000 it
will be conducted solely on the basis of the parties submission to the arbitrator
documents we and you submit to the arbitrator.
Changes
Notwithstanding our ability to change the terms of this agreement changes to our
arbitration provisions set forth above after the date you first accepted these Terms (or
accepted any subsequent changes to these Terms), you may reject any such change by
sending us written notice (including by email to info@blackboxacting.com) within 30
days of the date such change became effective, as indicated in the “Last Updated Date”
above or in the date of our email to you notifying you of such change. By rejecting any
change, you are agreeing that you will arbitrate any Dispute between you and us in
accordance with the provisions of this “Dispute Resolution” section as of the date you
first accepted these Terms (or accepted any subsequent changes to these Terms).
You agree to defend, indemnify and hold us and our officers, managers, directors,
shareholders, members and affiliates and business associates and agents, completely
harmless and free from any and all loss, damage, expense (including but not limited to
reasonable attorney’s fees and costs) associated with or incurred by us due to any one
or more of the following: (i) your breach of this agreement; (ii) your breach of any other
written agreement between you and us; (iii) your violation of any policy we have
established that pertains to you; (iv) your violation of any applicable law, rule, regulation,
ordinance or the like; (v) bodily damage you cause to third persons or us or our agents
through your acts of omission or commission; (vi) property damage you cause to us or
our agents or third person’s property through your acts of omission or commission; and
or (vii) the use or misuse of our website, trade secrets, copyrights, trademarks or
proprietary materials.
The terms of these Terms and Conditions of Service as amended and updated or
supplemented from time to time by us, and any other agreement in writing between us
and you, shall be deemed to be the entire agreement between us and supersede any
and all oral or prior written agreements between you and us, and may not be modified
except in writing signed or created by us. You may not rely on any oral statement or
commitment from anyone and no such oral statement or commitment will be binding
upon or enforceable against us.
You may not assign or transfer your rights or duties under this Agreement. The terms of
this Agreement and any agreement between you and us will inure to the benefit of our
lawful successors and or assigns.
Any notices required or given by us to you or you to us, will be in writing and given us to
you via (i) email to the email address you provide, or (ii) by overnight messenger with
proof of delivery being available, or (iii) by certified mail return receipt requested; or by
you to us by (i) email effective only if we confirm receipt, or (ii) by overnight messenger
with proof of delivery being available, or (iii) by certified mail return receipt requested.
Notice is effective upon receipt.
Our failure to enforce any right we may have shall not be a waiver of such rights and
only written waivers signed by us shall be effective to waive any right we may have
against you or under our agreements with you.
If you were not 18 when you signed up for this service and became 18 after signing up
for our service you acknowledge and agree that if you have not notified us within 30
days after you turn 18 that you do not intend to be bound by the terms of this
Agreement you will be deemed to have ratified and fully agreed to be bound to the
terms hereof, as if you were 18 when you signed this agreement. Use of the website
and paying us fees shall be deemed to be equal to signing these terms and conditions
for purposes of enforcing this agreement and the terms and conditions between you and
us or anyone acting on your behalf if you are not 18.
We have the right to photograph or videotape or record your name or likeness or voice
and use your name or likeness in promotional pieces we run or videos posted on our
website, or content posted on our website or elsewhere or used in our promotional or
training materials and you hereby waive any claim that we have violated your rights of
privacy or person or any other rights you may have relative to the use of your name or
likeness or voice whether by virtue of statutory or common law rights.
Terms For Minors
You agree, on behalf of your minor child/ward that all of the terms and conditions
contained herein fully apply to the rights and obligations of you and your minor
child/ward.
You are solely responsible for determining if your minor child/ward is physically and
emotionally fit and/or adequately skilled for the activities contemplated by these terms
and conditions. It is always advisable, especially if the participant is disabled in any
way, or recently suffered an illness, injury or impairment, to consult a physician before
undertaking any physical activity or undertaking the emotional rigors that can be
involved in acting.
By signing up and participating in this program/activity, you will be expressly assuming
the risk and legal liability and waiving and releasing all claims for injuries, damages or
loss which your minor child/ward might sustain as a result of participating in any and all
activities connected with and associated with this program/activity (including
transportation services, when provided). You recognize and acknowledge that there are
certain risks of physical injury to participants in this program/activity, and you voluntarily
agree to assume the full risk of any and all injuries, damages or loss, regardless of
severity, that your minor child/ward may sustain as a result of said participation. In the
event of an emergency, you authorize Black Box Acting, LLC’s staff to secure from any
licensed hospital physician, and/or medical personnel any treatment deemed necessary
for me or my minor child’s immediate care. Parents/guardians of minor participants are
solely responsible for any and all expenses associated with emergency medical
treatment, including but not limited to, transportation services to the nearest available
medical facility/provider or to an alternative medical facility/provider requested by the
participant or parent/guardian. You further agree to waive and relinquish all claims you
or your minor child/ward may have (or accrue to you or your child/ward) as a result of
participating in this program/activity against Black Box Acting, LLC, including its
members, managers, agents, volunteers, and employees. You have fully released and
forever discharged Black Box Acting, LLC from any and all claims for injuries, damages
or loss that your minor child/ward may have or which may accrue to your minor
child/ward, arising out of, connected with, or in any way associated with this
program/activity.
Upon completion of any class or activity, you acknowledge your minor child/ward is no
longer the responsibility of the Black Box Acting, LLC or its staff, and that you shall be
solely responsible for arranging for any transportation or supervision during any period
of time following completion of any class or activity.
Work Study
If you need financial assistance and are interested in a part time job working for the
Acting School, we sometimes are able to accommodate you and hire you on a part time
basis to do janitorial work and other “back stage” type functions for an hourly wage. We
take appropriate payroll deductions from your pay. Net pay is used to reduce the
amount you owe for tuition. You authorize us to deduct the net pay and apply it to your
tuition if we hire you for a work study program. You are responsible for keeping
hours[JG3] and getting management sign off on a daily basis for the time expended.
You also will be required to comply with all of our work policies and applicable laws.
Your employment is an “at will” temporary part time employment and can be terminated
by us or you at any time. In no event will employment be longer than the term of the
program you are admitted to. We offer no other benefits other than the hourly wage
under work study, and there is no health insurance or paid days off, or vacation offered
as part of work study. In no event may you work more than 35 hours a week without an
authorized manager’s written permission. You must follow management’s instructions
and workplace policies as promulgated and in existence from time to time.
We have a drug free policy that prohibits the possession or use of alcohol or illegal
drugs in the workplace or while on company time, whether or not on the company
premises. Any employee violating this policy is subject to immediate termination.
Black Box Acting, LLC is committed to ensuring that our workplace is free from all forms
of discrimination and harassment, and does not tolerate discriminatory or harassing
conduct toward any group of people for any reason, and specifically on the basis of
legally protected characteristics, including race, color, national origin, gender, age, or
disability, among others.
Black Box Acting, LLC also specifically prohibits sexual harassment. Sexual
harassment is an unlawful form of gender discrimination, and can occur between men
and women, or among individuals of the same sex. Like any other form of
harassment, the company will not tolerate it from any of its employees, customers,
contractors, vendors or any other person in the workplace.
“Sexual harassment” can be defined as unwanted, uninvited, and/or unwelcome
attention or touching, sexual advances, requests for sexual favors, or other such
behavior of a sexual nature including, without limitation, when:
· Submission to such behavior is made, explicitly or implicitly, a term or condition
of an individual’s employment;
· Submission to or rejection of such behavior is used as a basis for a decision
affecting an individual’s employment; or
· When such behavior or conduct either (1) affects or alters the terms and/or
conditions of a person’s employment, and/or (2) unreasonably interferes with an
individual’s work or performance, such that it creates an intimidating, hostile, or abusive
working environment.
Sexual harassment can take various forms, and can be verbal, nonverbal, or written,
and can include, as a nonexhaustive list of examples, the following kinds of conduct
and/or behavior:
● Innuendos, jokes, comments, insults, questions, and/or uninvited conversations
about sex, sexual situations, anatomy, gender specific traits, and/or comments of
a sexual nature about people generally (including, but not limited to employees),
whether or not made in such person’s presence;
● Video, photographs, posters, sound recordings (including sexually explicit music
and/or video soundtracks or other recordings), emails, text messages, internet
sites, and/or other images or media that are either sexually explicit or of a sexual
nature;
● Uninvited, unwanted, and/or repeated requests for dates, sexual propositions, or
requests for other sexual favors;
● Sexually explicit, suggestive, or insulting sounds, conversations (including
conversations and/or questions about sexual habits, proclivities, and prowess),
and/or obscene or sexualized gestures, including physical gestures and/or
touching one’s own body or body parts in a sexualized or other inappropriate
manner;
● Overattentiveness to any employee or group of employees for purposes of
persuasion for a sexual purpose, such as stalking, leering, loitering around said
employee’s work area, and providing unwanted, uninvited and/or repeated
communications of a sexual or otherwise harassing nature, including telephone
calls, emails, notes, or other messages;
● Unwanted or uninvited touching or physical contact, even if such touching can
appear innocent and nonsexual in nature, such as hugging or patting on the
shoulder;
● Sexual violence, including sexual assault, rape, sexual battery, and sexual
coercion; and
● Threats or insinuations which lead the harassed employee to reasonably believe
that granting or denying sexual favors will affect her or his reputation,,
employment, advancement, or standing within the company.
If an employee believes that he or she has been subjected to any kind of harassment,
including sexual harassment, or has witnessed any such harassment, that employee
should immediately report the alleged harassment to his or her manager, any other
manager (especially if his or her manager is allegedly involved in the harassment), or to __ so that the situation can be promptly investigated and resolved. The Company’s
telephone number is 323.487.2691.
Black Box Acting, LLC prohibits reprisal against any employee that has made a good
faith effort to report any kind of discrimination or harassment on behalf of him or herself,
on behalf of another employee, or that has assisted in the investigation of a
discrimination or harassment complaint, including complaints of sexual harassment.
Retaliation will not be tolerated, and is considered a violation of this policy and of the
employee codes of conduct for the company as set forth in this manual. Any instances
of retaliation should be reported immediately, and any employee determined to be
engaging in retaliatory behavior or conduct will be subject to discipline, up through and
including termination.
As a part time work study employee and student you are responsible for complying with
all of the terms and conditions set forth herein and in any of the other documents you
agree to in writing and our employment policies.
ACADEMY Financial Policies
The cost for the Academy is $9,000 and payment is handled as follows:
You may choose one of three Payment Plan Options for your $9,000 ACADEMY tuition.
Please review the options carefully, select a plan and sign the form below, and return it
to admissions@blackboxacting.com no later than 5:00pm on the due date indicated on
our web site.
Payment Plan Options^:
Dates Option A Option B Option C
See our
schedule
See our
schedule
See our
schedule
^Please note that while you will use the deposit link to place your initial payment, all
subsequent payments will be scheduled to automatically withdraw from your account.
Please do not log back into the payment system without first discussing it with the
Director of Admissions.
*If you select Option A, simply use the deposit payment link provided in your offer email
to place your full payment by the scheduled due date on our website.
Voluntary withdrawal from the program (prior to or during the ACADEMY session) does
not release you of your financial obligation.
Student progress will be continually monitored and evaluated. If, after administrative
and/or instructor evaluation, it is determined that a student’s progress has not indicated
a strong commitment to work and respect for the ensemble they are participating in, the
student may be dismissed from The ACADEMY. Dismissal as a result of substandard
professionalism does not release the student from the financial commitment he or she
has made to Black Box Acting, and your tuition will still be collected, in full, and Black
Box Acting, LLC will owe you no credit for additional classes. Where payment is not
forthcoming Black Box Acting is entitled to recover reasonable attorney’s fees plus 10%
per annum interest and all filing costs.
Note, payment can be with echeck, money order, or credit card. When payment is
made by credit card tuition is equal to 103% of the stated charge for the program or
class[JG1] . STUDIO Financial Policies
A $100 nonrefundable, nontransferable deposit is required to reserve your space in
class. The remainder of your tuition is due the Monday before the session begins.
$9,000* $2500 $2500
$6500 $3250
$3250
If you withdraw from a class more than 7 days prior to the start date, the amount of
tuition paid less the deposit will be credited back based on the original payment method.
We reserve the right to withhold payment by check until the later of funds having
cleared or 21 days. If you withdraw more than twentyfour hours before the start of a
class and within 7 days of the class start date you will receive a credit equal to the
amount paid less the nonrefundable, nontransferable deposit of $100. The
aforementioned credit must be utilized within one year of the initial payment. Withdrawal
for any reason within 24 hours of the start of a class, or during the STUDIO session,
results in the loss of all moneys paid without any credit or refund being due whatsoever.
Payment schedule for the STUDIO:
Dates Option A Option B Option C
Upon enrollment Full
(Monday one week before the
session starts)
(Monday one week after the session
$100 $100
Payment
Remaind
er
50%
Remainder
50%
Remainder
STUDIO PROGRAM DEPOSIT POLICY
· The $100 deposit is nonrefundable and nontransferrable.
· Black Box bucks, credits and gift cards may not be applied to deposits.
STUDIO PROGRAM TUITION POLICY
· The remainder of your tuition is due the Monday before the session begins.
· Payment plans are available upon request.
STUDIO PROGRAM CANCELLATION POLICY
· If withdrawing from class more than 7 days prior to start date, the amount of
the tuition paid, less the deposit, will be credited back to the original payment
method. The deposit is nonrefundable and nontransferrable.
· If withdrawing from class with 7 days or less to start date, the amount of the
tuition, less the deposit, will be available as Black Box credit for one year. The
deposit is nonrefundable and nontransferrable.
· If withdrawing within 24 hours before the class start date, or anytime after the
class start date, total tuition and deposit are forfeited.
Should we incur any additional bank fees or charges, you agree to promptly, upon our
demand, reimburse us for all of same.
If you establish a credit card on account with us, you agree to permit Black Box Acting
to charge your credit card it has on file for such additional fees and or costs or damages
you cause or owe under your agreement with us.
Similarly, if you permit an automatic withdrawal from your bank account on our behalf,
you agree to permit Black Box Acting to charge your account for such additional fees
and or costs or damages you cause or owe.
End of Terms and Conditions of Service, Use and Limitations.
