Student enrollment terms and conditions

As of July 2015

This agreement

This Student Enrollment Terms and Conditions, as amended from time to time, (“Agreement”) is between The Foxgrove LLC, a New York corporation with its principal place of business at 43 West 29th Street, 4th Floor, New York, New York 10001 and its affiliates (“Foxgrove” or “we”) and you (“you” or “Student”).

This Agreement includes three parts: (Part I) Enrollment; (Part II) Student Code of Conduct; (Part III) Student Privacy Policy; (Part IV) No Liability or Warranty on Equipment; and (Part V) General Terms & Conditions, which are all incorporated herein. 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 Foxgrove online or in-school courses. By clicking “I Accept” you hereby agree that you have read and downloaded, saved, and/or printed a copy of this Agreement for your records. If you have any questions, you can speak directly with a customer representative by calling 1.917.388.3204

PART I – ENROLLMENT

1. DEPOSIT & ENROLLMENT.  A registration fee (which may include a deposit) must be received in advance of enrollment into a course in order to guarantee your place. If you choose to pay the course fee in full, then the registration fee is included in this amount. Deposit fees are non-refundable.

2. PAYMENT OF COURSE FEES.  The most cost effective way to pay for your course is to pay in full in advance of the start date.  The prices listed on the website, to the extent Foxgrove provides such prices on the website, are “paid in full”.

You may, at the Foxgrove’s sole discretion, also have the option to make payments pursuant to a payment plan.  Payment plans are designed to make registration more affordable by spreading the total cost into four (4) separate installments at a ten percent (10%) premium. Payments will be billed based on the entire length of the course/program.  If the balance or installment payments are not received on the due dates then Foxgrove reserves the right to suspend your access to course materials or classes until such time as the fees owing have been paid.  If you agree, Foxgrove may auto-debit the payment plan from the bank account that you designate for such purposes.

3. COURSE WITHDRAWAL & REFUND POLICY.  If you need to withdraw from your course then you must notify Foxgrove in a writing (email acceptable and preferred) that is actually received by Foxgrove.

All refunds are subject to a one hundred dollar USD ($100.00 USD) processing fee and may take up to thirty (30) days to process.

For a single class of $200 or less, cancellations 48 hours in advance will be fully refunded, with a $20 cancellation fee. Cancellations within 48 hours will be charged fully.

For a course that has multiple classes and cost more than $200, refunds will be subject to the following terms: (i) For all refund requests made at least seven (7) days prior to the beginning of the first class or program, Foxgrove will refund seventy five percent (75%) of the total cost of the course or program from which the Student is withdrawing; (ii) For all refund requests made less than seven (7) days prior to the beginning of the first class but before the beginning of the second class, Foxgrove will refund fifty percent (50%) of the total cost of the course or program from which the Student is withdrawing; and (iii) Any and all refund requests made after the beginning of the second class for a particular course or program are non-refundable. If you are on a payment plan, you are obligated to continue to make all future payment installments that were previously agreed to with Foxgrove.  Once all payments are made to Foxgrove, you will be refunded the appropriate amount based on the refund terms outlined above (subject additionally to the $100 processing fee).

If the Student chooses, it may withdraw from a course or program prior to the beginning of the second class without receiving a refund.  Under these circumstances, Foxgrove will make a good faith effort to provide a one-time rollover for your enrollment into a subsequent date that your course or program may be offered, but Foxgrove makes no representation whatsoever that any course or program will be offered at any particular time again in the future. Foxgrove reserves the right to send overdue payments or refusal of payments to a collection agency. This offer does not apply to custom-created private courses or classes.

Transfer Policy.  Foxgrove, in its sole discretion and only under extreme circumstances, may grant you a transfer from a course in which you are currently enrolled into another course currently offered at Foxgrove or another course offered at Foxgrove on a future date.  Transfers are only granted by Foxgrove under extreme circumstances and are subject to seat availability.  Foxgrove makes no guarantee of the ability to transfer or of seat availability in a subsequent course.  If a transfer is granted by Foxgrove, the transfer shall be subject to a one hundred dollar ($100) processing fee.  You will not be refunded the difference of cost if you transfer into a less expensive course.  However, if you transfer into a more expensive course then you will be required to pay Foxgrove the difference in the price. If you are on a payment plan when you transfer into a new course the payment dates will not change.

4. INTELLECTUAL PROPERTY.  All intellectual property rights in Foxgrove courses and course materials, whether in-class or online, including without limitation designs, copyrights, database rights, trademarks, patents, application to register any of the aforementioned rights, trade secrets and/or know how, are and shall remain the exclusive property of Foxgrove.  You may not, without the express written consent of Foxgrove, reproduce, copy, disseminate, broadcast, or otherwise use any intellectual property owned or controlled by Foxgrove, including any intellectual property contained in any course materials or trademarks used by Foxgrove.

During the course of studies at Foxgrove, you may create certain original musical compositions and/or sound recordings.  You hereby grant to Foxgrove a perpetual royalty free non-exclusive license to use, to the fullest extent of copyright law, any such musical compositions or sound recordings created during a Foxgrove classroom or online activity or created using Foxgrove equipment. In the event that your musical compositions and/or sound recordings created at the school or brought into the school by you contain third party owned or controlled musical compositions and/or sound recordings (“Third Party Materials”), you shall not promotionally or commercially exploit or disseminate such musical compositions or sound recordings in any manner or medium inside or outside of the school, including but not limited to posting the same on third party websites (i.e., SoundCloud, Youtube, Vimeo, etc.).  You hereby agree to indemnify, defend at your sole costs and expense and hold harmless Foxgrove, its owners, staff, employees, designees, licensees and assignees against any and all third party claims derived from either your use of the Foxgrove facilities and equipment or your exploitation of musical compositions and sound recordings containing and Third Party Materials.

5. PUBLICITY & NAME & LIKENESS. During the time that you are a student at Foxgrove, persons may film or photograph you while you are on Foxgrove property.  You hereby consent to Foxgrove’s use of your name image, likeness, and voice in connection with Foxgrove as a music school.  You agree that any appearance in a photograph or video may be edited in Foxgrove’s sole discretion and that you may be portrayed in any way Foxgrove reasonably determines.  You expressly release Foxgrove, Foxgrove’s agents, employees, licensees, subcontractors and assigns from and against any and all claims which you have or may have for invasion of privacy, defamation or any other cause of action arising out of production, distribution, broadcast, exhibition, marketing or promotion of the Foxgrove promotional material or other Foxgrove related materials in which you may appear.

6. LIMITATION OF LIABILITY. Foxgrove’s liability to you hereunder shall be limited to the total amount you have actually paid to Foxgrove for the applicable course. Except as set out herein, Foxgrove shall under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising hereunder or in connection with the courses provided by Foxgrove or the use or operation of any Foxgrove equipment or facilities. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence. For the avoidance of doubt, Foxgrove 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. Foxgrove: (i) Accepts no responsibility for loss, damage or theft of personal belongings; (ii) Reserves the right to cancel courses at any time and to transfer bookings to rescheduled dates. Students unable to attend rescheduled dates may be entitled to some refund or other credit; and (iii) Takes no responsibility for the quality of services or products provided or offered by third party advertisers and/or vendors. Inclusion in the course materials or presence during a course is not a recommendation or endorsement by Foxgrove.

7. FORCE MAJEURE. For the purposes of this Agreement, “Force Majeure Event” means any event beyond the reasonable control of Foxgrove including without limitation strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), 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.  Foxgrove shall not be liable to you as a result of any delay or failure to perform its obligations under this Agreement as a result of a Force Majeure Event.  If the Force Majeure Event prevents Foxgrove from providing a course or other services promised to you for more than four (4) weeks, Foxgrove shall, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by written notice.

PART II – STUDENT CODE OF CONDUCT

1. STUDENT MINIMUM COMPUTER SKILLS. You must have a basic level of computer acumen to participate in the Foxgrove classroom, studio, or private lesson activities. Any student that does not have a high enough level of computer acumen to participate may be removed, in Foxgrove’s sole discretion, and the student will be refunded based on Foxgrove’s refund policy. If you are unsure whether you have the requisite computer skills to participate in any given course, please contact Foxgrove.

2. STUDENT CLASSROOM CONDUCT.  You must act in a professional and non-disruptive manner during Foxgrove classroom, studio, or private lesson activities. The instructor or other Foxgrove personnel, at their sole discretion, may remove or expel you from any Foxgrove classroom, studio, or private lesson activity if the student fails to act in a professional or non-disruptive manner.

3. ACADEMIC REQUIREMENTS. Foxgrove requires that all students make a good faith effort to actively participate in class, hand in assignments on time, and complete required homework assignments. This requirement assures that a student’s failure to stay active and updated will not slow the pace of class and negatively affect the experience of other students. Any student that negatively affects their classmates due to that student’s failure to make a good faith effort to actively participate in class, hand in assignments on time, and complete required homework assignments, may be removed or expelled from class, in Foxgrove’s sole discretion, and that student will be refunded based on Foxgrove’s refund policy. 

4. STUDENT QUESTIONS, CONCERNS, AND COMPLAINTS. All students are encouraged to discuss concerns, academic issues, or complaints with the Foxgrove staff and faculty. The student should address any problems involving classroom or academic matters with the faculty member involved with that academic matter, and if such problem is not resolved, then the student should address the problem with the staff of the Foxgrove. If the student has any questions or concerns about non-academic matters, such matters should be discussed with the staff of Foxgrove.

5. STUDENT DISCIPLINARY ACTION. If you violate this Student Code of Conduct, Foxgrove may, in its sole discretion, permanently expel you from current or future courses or temporarily remove you from a current course (including private lessons). A student that has been expelled will no longer be permitted to enter any Foxgrove property. Any money paid or owed to Foxgrove by the student will be refunded based on Foxgrove’s refund policy.

6. THEFT OR DAMAGE TO SCHOOL OR STUDENT PROPERTY. If it is discovered by Foxgrove that you have been involved in any actual or attempted unauthorized taking, use, misappropriation, or damage to property owned or maintained by Foxgrove, a student of the school, any person or visitor to the facility, or any person attending a Foxgrove-sponsored event, you will be in breach of this Agreement, will have violated this Student Code of Conduct, and may be prosecuted to the fullest extent permitted by law. In Foxgrove’s sole discretion, you may be expelled, held responsible for any financial damages, and will receive no refund for any money paid or owed to Foxgrove.

7. HARASSMENT POLICY. Harassment by any student, employee, faculty member, contractor, or guest of Foxgrove is not permitted at Foxgrove. Harassment includes verbal, physical, or sexual conduct that disrupts or interferes with another’s performance or safety or that creates an intimidating, offensive, or hostile environment. Harassment should be immediately reported to the staff of Foxgrove. If it is discovered that you have been involved in the harassment of any other student, employee, faculty member, contractor, or guest of Foxgrove, you will be in breach of this Agreement, will have violated this Student Code of Conduct, and may be prosecuted to the fullest extent permitted by law. In Foxgrove’s sole discretion, you may be expelled, held responsible for any financial damages, and will receive no refund for any money paid or owed to Foxgrove.

8. ALCOHOL & DRUG POLICY. Alcohol or drug use and/or being under the influence of drugs or alcohol is not permitted on Foxgrove property. Students in violation will be dismissed and may be expelled. Classes are collaborative, immersive learning environment, and students should be attentive and exhibit participatory behavior.

9. SMOKING. You may not smoke or vaporize inside or immediately in front of Foxgrove’s facilities or property.

10. FOOD OR DRINK POLICY. No food or drinks are allowed in the classroom or studios.

11. DRESS CODE. The learning environment is a professional one. Please dress accordingly.

12. CHANGE OF CLASS TIMES. Foxgrove may, in its sole discretion, change and adjust class times. Foxgrove will give students as much advance notice as possible if Foxgrove changes class times. If a change in class times results in you not being able to attend such class, Foxgrove will refund you for the remaining number of classes.

13. RIGHT TO CHANGE THIS STUDENT CODE OF CONDUCT. Foxgrove may, at any point, change, alter, revise, or amend this Student Code of Conduct. Any such revisions shall be binding on you. You shall have the obligation to periodically review this Student Code of Conduct.

PART III – STUDENT PRIVACY POLICY

By enrolling as a Foxgrove student you are accepting the practices described in this privacy notice.  This Student Privacy Policy applies to information collected through Foxgrove’s websites (“Site”), via mail, telephone, email, in person, or otherwise.  By doing business with or interacting with Foxgrove in the manner described in this Student Privacy Policy at any time you are accepting the practices described in this Student Privacy Policy and you expressly consent to the application of this Student Privacy Policy to the collection, storage, use and disclosure of all your personal information as described.

1. INFORMATION COLLECTED. We may collect and use the following types of personal information: your name, age, sex; credit card or bank account information; information regarding your use of the Site; orders you place; registration information; information that you browser sends whenever you visit the Site; and any other information you provide to us. You do not need to register or provide us with any personal information in order to visit and view the Site. However, if you wish to receive newsletters, make a purchase, enter any contest, or participate in certain other Site activities, you may be asked to register and/or submit certain personally identifiable information. Such information may include your name, e-mail address, street or postal address, telephone number, password, and credit card billing or other payment information.

2. USE OF INFORMATION. Subject to all applicable court orders, laws, rules and regulations, Foxgrove reserves the right to use your personal information for any purposes that Foxgrove may choose, including sharing with such information with third parties for purposes such as hosting and maintenance, database storage and management, advertising sales, e-mail marketing, e-commerce functions and credit card/payment processing.

3. CHANGING OR DELETING INFORMATION. You may at any time request to see and update or correct the information you have provided to us by e-mailing us at info@thefoxgrove.com.

4. THIRD PARTIES AND LINKS TO OTHER WEBSITES. Our Site may contain advertisements and links to other web sites. This is not an endorsement, authorization or representation of any affiliation with those advertisers or the operators of those web sites. We do not exercise control over third party web sites. They may place their own cookies or other files on your computer, and collect or solicit both personally identifiable and non-personally identifiable information from you. Other web sites have their own privacy policies and practices and we encourage you to carefully read the privacy policies or statements of the other web sites and services you visit.

5. OUR POLICY TOWARDS CHILDREN. Foxgrove does not sell services for purchases by children. We may offer services and classes tailored for children, however said services and/or classes are to be purchased by adults. If you are under 18 years of age, you must have the involvement and consent of a parent or guardian. If we become aware that a child under 13 has provided us with personal identifiable Information, we will delete it from our files. If any parent or guardian becomes aware that their child under the age of 13 has provided us with personally identifiable information without their consent (or that we have otherwise collected or obtained such information), please contact us at info@thefoxgrove.com.

6. CHANGE IN OWNERSHIP. In the event we change ownership or merge with another entity, we reserve the right to transfer, sell, or assign all information that we have collected.

PART IV – NO LIABILITY OR WARRANTY ON EQUIPMENT

1. EQUIPMENT.  “Equipment” shall mean any goods that you may purchase or receive from Foxgrove, www.thefoxgrove.com or its affiliate websites, such as musical equipment and controllers, computers, or other physical goods.

2. NO WARRANTY.  Foxgrove expressly excludes all warranties, express or implied, as to the Equipment being merchantable or fit for any particular purpose and all other warranties therein.

3. NO LIABILITY. Foxgrove hereby disclaims liability and you agree that and in no event shall Foxgrove be liable for any direct, indirect, incidental, consequential or special damages, including without limitation damages from injury, electrocution, fire, loss of revenue or profits, costs of labor, overhead, transportation, installation or removal of Equipment, or any damages from or attributable to your use of the Equipment.  This disclaimer shall apply whether or not Foxgrove has been made aware of the possibility of such damages.

PART V – GENERAL TERMS AND CONDITIONS

1. ASSIGNMENT. Foxgrove 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.

2. WAIVER. 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.

3. AMENDMENTS. We reserve the right to modify this Agreement from time to time, and we will notify you of any material changes by posting the new Agreement on www.thefoxgrove.com and changing the effective date above.

4. LAW AND JURISDICTION. This Agreement shall be interpreted in accordance with the laws of the State of New York, County of New York, applicable to contracts made and to be performed within the State of New York and without regard to the choice of law provisions therein.

6. CONTACT AND NOTICE DETAILS.

The Foxgrove LLC

43 West 29th Street, 4th Floor

New York, New York 10001