Enrollment Terms and Conditions
These are the Terms and Conditions on which Actor Therapy, LLC (“we”, “us”, “our” or “Actor Therapy”) is willing to provide a session-long (5 weeks, usually, except for our two-week Intensive programs.) Enrollment to you. Any variation to these Terms and Conditions must be in writing and signed by an authorized officer.
THIS IS AN IMPORTANT DOCUMENT – PLEASE ENSURE THAT YOU READ IT CAREFULLY.
Parties:
This agreement is made between Actor Therapy, LLC and the member whose name appears in the application for enrollment agreement. The member’s name who appears in the application acknowledges that they are over the age of 18.
If the Member is of limited legal capacity (i.e. between 14 and 17 years of age), you represent that you have obtained the consent of your statutory representative prior to entering in to this Agreement, and that the signature of the Parent / Guardian contained herein, is that of your Member’s Parent / Guardian.
You acknowledge that you have received a copy of your Enrollment Agreement. We have seven days after the formation of the Actor Therapy Enrollment Agreement (“agreement”) to rectify any error or miscalculation provided in this agreement.
Actor Therapy Rules:
You must ensure that you read, understand, and abide by the Rules (“Rules”) which are notified to you through signage, handouts, or our website (www.actortherapynyc.com/terms).
Entire Agreement:
The Rules, these Terms and Conditions and the Application for Enrollment and Agreement form the entire agreement between the parties (The Agreement) and any previous representations or documents whether provided by Actor Therapy or its agents or employees is excluded from this agreement.
Age Restrictions:
All Students must be over the age of 18, or must have a guardian over the age of 18, complete these terms and conditions on their behalf.
No student may participate under the age of 16. Guardians of students 16-17 will be required to fill out additional safety waivers for their student, forgoing Actor Therapy LLC of liability.
Session Start and End Date:
You understand that your Session commences on the Session start date provided on this website and concludes on the Sunday after the final date listed for this Session.
Health:
a) Personal Hygiene - Deodorant must be used to maintain hygiene and safety standards. Natural hygiene products are acceptable.
Lost Property:
We highly recommend that you stay near your belongings at all times. Actor Therapy, LLC does not take responsibility for loss, damage, or theft of your belongings.
Deferral Window and Termination Procedures — 7 days before Session start date:
Students may cancel their enrollment in a session of Actor Therapy LLC (and/or defer their enrollment to a future session) and not be liable for their session balance (tuition minus deposit paid) up to one week prior to the start date of the Session as listed on this website. If the cancellation is made less than 7 days before the Start Date, the student is required to pay the remainder of the class balance, no exceptions.
Example: That is, if the session start date is April 1, any request for cancellation after March 25 will still require the student to pay off their remaining balance.
For two-week Intensive Programs (Summer Intensive and/or Winter Intensive,) students may cancel their enrollment and not be liable for their balance (tuition minus deposit paid) up to one MONTH prior to the start date of the Intensive as listed on this website. If the cancellation is made less than 30 days before the Start Date of the two-week program, the student is required to pay the remainder of the class balance, absolutely no exceptions.
Any request for cancellation of Enrollment must be directly to Actor Therapy (actortherapy@gmail.com) and/or our Managing Director (matwhitman@actortherapynyc.com). Requests via phone, fax, or other mediums may not be processed. Email all Actor Therapy staff to confirm your termination. All termination requests will be processed as soon as possible during regular business hours. All outstanding debt must be settled prior to Termination requests being actioned. No deposits placed will be refunded.
Right of Exclusion:
We can refuse entry to Actor Therapy, cancel your Enrollment and / or terminate the Agreement without warning or notice for inappropriate, threatening or harassing behavior, damaging facilities, or use of illegal drugs in Actor Therapy. You may not conduct, promote, or solicit other business in our program without prior permission of Actor Therapy management. No refunds will be issued.
Payment of Fees:
A “Payment Plan” can be arranged directly with the Managing Director up to 24 hours before the start of your session. You will be required to break down your payment however you would like, but a payment must be received to Actor Therapy each week. Final payment of your balance will be due Week #3 of class (as listed on the web site) whether you attend class or not, no exceptions. Failure to complete payments by the deadline will penalize you for future payment plans.
Outstanding Payments:
As a result of outstanding debt, Actor Therapy reserves the right to refer overdue amounts to an external collections agency. In the event of payment defaults you will be liable to Actor Therapy LLC for all outstanding monies due and will be liable to pay Actor Therapy debt recovery expenses and legal costs.
Refunds:
Except as provided in this Agreement all monies are non-refundable.
Damages / Personal Injury:
You are aware that your use of the premises and its facilities and your participation in the classes and programs conducted by Actor Therapy may involve strenuous activity and risk (special or otherwise) associated with such use and participation.
You release Actor Therapy and its directors, employees, contractors and agents (the ‘staff’) from all liability and responsibility whatsoever. This includes personal injury, property damage, or death however caused, but not limited to the negligence (whether passive or active) of Actor Therapy or its’ staff or any other person using the premises. Please refer to the Civil Liability Act 2002 for more information. (www.legislation.nsw.gov).
Photo and Film Release:
You grant Actor Therapy LLC the right to use your likeness in photographs and films to all platforms where you are notified images are being taken.
Change of Details:
You must keep us promptly informed of any changes of email address, phone contact numbers, and any other personal information that is relevant to your Ernollment with us.
Contractors:
Contractors may provide services as recommended by Actor Therapy LLC. Fees for such services are paid directly to the contractors and franchisees (these may include, but are not limited to Instructors).
We take no responsibility for the fees paid to these contractors and franchisees. Any claim which you might have as a result of an act or failure to act by a Licensee (whether or not payment has been made to the Licensee) will be brought against, and will be the responsibility of that Licensee and not Actor Therapy. You hereby agree not to hold us liable and you agree to indemnify us and keep us indemnified for any claims suffered by you as a result of negligence by a contractor or franchisee.
Relocation:
You acknowledge that Actor Therapy reserves the right to relocate class premises if students are notified before class time begins.
You expressly acknowledge that Actor Therapy reserves the right to change the nature, format, presentation or number of services and facilities as deemed suitable. As much warning of any changes as is practicable, will be provided for your information via email, and / or on the website.
Assignment:
You must not assign any rights or benefits under these Terms and Conditions unless you have obtained our prior written consent. We may assign or transfer any rights or benefits under these Terms and Conditions at any time without notice to you. However, we will remain liable to meet our obligations to you under these Terms and Conditions and the Agreement.
Intellectual Property:
These Terms and Conditions do not give you any intellectual property rights in Actor Therapy, or in our facilities, services or products.
Privacy Statement and Acknowledgement:
During the process of entering into the Agreement with you and during the Term of the agreement we will obtain access to certain types of your personal information. We will only use, disclose or deal with such information in accordance of your permission.
Governing Law:
These Terms and Conditions are governed by, and you agree to submit to the laws applicable in the state or territory of in which the Agreement was formed.
Variation:
We may, subject to your rights in clause 18, alter these Terms and Conditions or the Rules at any time upon thirty days written notice.
All use of Actor Therapy and its’ facilities, services and products after the date specified in such notice will be subject to such altered Terms and Conditions or Rules. If you continue to use Actor Therapy and its facilities, services and products after the date such alterations become effective, or otherwise demonstrate by your conduct that you agree to the altered Terms and Conditions or Rules, you will be deemed to have agreed to the altered Terms and Conditions or Rules.
Severability:
If any part of this Agreement is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Agreement.
Your Obligations:
You acknowledge that the National Credit Code does not apply to these Terms and Conditions (www.comlaw.gov) if at any time;
You believe that you may not or may be unable to perform or comply with your obligations under these Terms and Conditions;
You are unable to pay your Enrollment fees, including any installment of Enrollment fees, as they fall due for payment;
A check is received from you is dishonored
You are or become bankrupts; or
Your Enrollment fees are overdue and are not paid in accordance with these Terms and Conditions in circumstances where we have not breached our obligations under Agreements, you agree that: You will immediately notify us that one or more of the above notifiable events has occurred and you will keep us notified on a monthly basis until such notifiable event no longer exists;
We have no obligation and will cease to allow you to use any of our services or products available to you under your Enrollment while a notifiable event exists;
We may terminate the agreement with immediate effect by providing you with written notice;
We may request payment in advance for the remainder of the term of you Enrollment; and
We have no obligation to respond to any offer you make to extend or renew your Enrollment while a notifiable event exists.