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
Version Created June 18, 2015.
Last Updated: December 1, 2016.
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 in-depth training, a professional ensemble and a final showcase. This program is for serious acting professionals and it is regimented, full-time 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 five-level 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 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 WARRANTIES–EXPRESS OR IMPLIED–OF 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.
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 Illinois.
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.
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.
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 email@example.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) e-mail to the e-mail 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) e-mail 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.
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 firstname.lastname@example.org 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||$9,000*||$2500||$2500|
|See our schedule||—||$6500||$3250|
|See our schedule||—||—||$3250|
^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 30% per annum interest and all filing costs.
Note, payment can be with e-check, money order, or credit card.
STUDIO Financial Policies
A $100 non-refundable, non-transferable deposit is required to reserve your space in class. The remainder of your tuition is due the Monday before the session begins.
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 twenty-four 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 non-refundable, non-transferable 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 Payment||$100||$100|
|(Monday one week before the session starts)||–||Remainder||50% Remainder|
|(Monday one week after the session starts)||–||–||50% Remainder|
STUDIO PROGRAM DEPOSIT POLICY
- The $100 deposit is non-refundable and non-transferrable.
- 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 non-refundable and non-transferrable.
- 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 non-refundable and non-transferrable.
- If withdrawing within 24 hours before the class start date, or any time after the class start date, total tuition and deposit are forfeited.
- If you are dismissed from the session due to violation of any Black Box policy, 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.
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 further.
End of Terms and Conditions of Service, Use and Limitations.