General Release, Program Conditions and Payment
Upon acceptance of enrollment by Lingua Language Center (LINGUA), the following terms and conditions on this English version only are legally binding for all students participating in any adult language program at LINGUA during the current academic year. They supersede all previous terms and conditions and are subject to the law of the State of Florida. If litigation arises from a breach of this agreement, the Parties agree that venue shall be in Broward County, Florida. The undersigned (Student or Parent/Guardian if Student is under 18) has received and read the current school catalog. The minimum age to participate in LINGUA’s adult programs is 15 years. There is no upper age limit. The undersigned has read, understood, and received a copy of this executed agreement. The undersigned understands that the Program may involve contact with other individuals attending the Program. The undersigned understands that food or drink may be provided to Student while attending the Program. The undersigned desires that Participant be permitted to participate in the Program, and, as a material inducement to allow Participant’s involvement in the Program, the undersigned hereby releases and agrees to hold harmless LINGUA and its officers, employees, agents, servants, representatives and volunteers (collectively referred to as “LINGUA”) from and against any and all manner of actions, causes of action, liabilities, controversies, agreements, promises, damages, rights, injuries, judgments, claims and demands of any nature whatsoever at law or in equity, that student or the undersigned may have now or in the future, for or by reason of Participant’s involvement in the Program. The undersigned voluntarily assumes the risk of any loss, injury or damage to person or property, which in any way arises out of such participation. The undersigned agrees to save, defend, indemnify and hold harmless LINGUA from and against any and all manner of actions, causes of action, liabilities, controversies, agreements, promises, damages, injuries, rights, judgments, claims and demands of any nature whatsoever at law or in equity, that are or may be assorted, entered or claimed against LINGUA or any of its constituents, by any person or entity or by reason of the Participant’s ads, negligence, willful misconduct or omissions to act, while attending the Program or participating in any activities as part of the Program. Further, the undersigned WAIVES ANY CLAIM against LINGUA arising from such participation, including any claim for negligence and does COVENANT NOT TO SUE LINGUA relating to such participation. This indemnification and hold harmless shall continue notwithstanding any negligence on the part of LINGUA relating to such action, damage or claim. In case of emergency, LINGUA is authorized to seek medical treatment and transportation for Participant from such physicians, hospitals and ambulance services as may be chosen by it in its reasonable discretion. The undersigned acknowledges that LINGUA has no obligation to seek such treatment or transportation. The undersigned understands that he/she is responsible for furnishing Participant’s insurance in case of injury. The undersigned accepts full financial responsibility for payment of any and all such medical services. The undersigned agrees that this Release Form shall be binding on the undersigned’s heirs, successors and assigns. Any provision in this General Release that is prohibited or unenforceable under Florida or Federal law shall be ineffective to the extent of such prohibition without invalidating the remaining provisions hereof. The undersigned agrees and acknowledges that Participant will be responsible for transportation to and from the LINGUA facility, and that LINGUA will have no responsibility for such transportation. The undersigned agrees that participants under the age of eighteen (18) may not arrive at the LINGUA facilities more than ten minutes prior to Participant’s scheduled program and must be picked up from LINGUA’s facilities immediately upon the conclusion of the Participant’s scheduled program. LINGUA WILL NOT BE RESPONSIBLE FOR THE CARE OF ANY MINOR PARTICIPANT AFTER THE CONCLUSION OF SCHEDULED PROGRAMS AND IS NOT OBLIGATED TO CONFIRM THAT A PARENT PICKS UP THE MINOR. Failure by the Participant to adhere to the rules of LINGUA will entitle LINGUA to prohibit further use of its facilities by the Participant.
LINGUA and its representatives will not be liable for loss, damage or injury to persons or property, except when such liability is imposed by law. Neither shall LINGUA be liable for services not supplied due to a reason out of its control.
Payment for IEP is due by Thursday of the week prior to start date to secure placement. Payment for CLP is due one week prior to start date. CLP of over 13 CH per week becomes a Customized Language Boot Camp (CLBC). Payment for CLBC is due two weeks prior to start date. The IEP is divided in eight (8) modules of twelve (12) weeks each. All programs are eligible for tuition and materials installment payment plans. For installment payment programs, a credit card is required. However, student may pay by cash or check at least five (5) business days before the automatic withdrawal due date. Should payment not be submitted on the due date, LINGUA reserves the right to charge your credit card for such amount owed. If LINGUA is unable to charge credit card for the amount due, payment must be submitted in a timely manner to avoid late charge fees. Payments made later than five (5) Days after due date will incur an additional late charge of 1.5% monthly (18% annually) of the total amount due.
Cancellation and Refund Policy:
Because federal regulations require educational institutions to report changes in student status, non-immigrant international students under an F-1 visa may request refunds upon notification of withdrawal or cancellation. All Lingua students, both international and local are subject to the same terms and conditions and may request refunds which will be processed as detailed below. If the student has enrolled in Lingua through an authorized recruiting agent, the student will receive a refund under the same terms applied to students enrolled directly at LINGUA minus the percentage charged by the recruiting agency, based on the total amount paid by the recruiting agency to LINGUA.
If an applicant never attends class (no-show) or cancels the contract prior to the class start date, all refunds due will be issued within forty-five days (45) calendar days of the first scheduled day of class or the date of cancellation, whichever is earlier. For an enrolled student, the refund due will be calculated using the last date of attendance (LDA) and be paid within forty-five (45) calendar days from the documented date of determination. Thedate of determination is the date the student gives verbal or written notice of withdrawal to the institution or the date the institution terminates the student. In all eligible cases, refunds are calculated based upon tuition at our normal prices and not promotional or discounted prices. Refunds for payments made by credit card will be issued back to the same credit card used for the transaction.
-Determining LDA (last date of attendance)
Lingua determines the last date of attendance to be the last day that the student attended class prior to either informing the school either verbally or in writing that they would withdraw, (Date of Determination) or being administratively withdrawn due to failure to attend or to notify Lingua or respond to any inquiries that Lingua has made to reach out to non-attending students. In the event that no notice of withdrawal (written or verbal) is provided, the institution automatically administratively withdraws a student after s/he has been absent for a maximum of 30 consecutive calendar days (excluding any scheduled breaks of the institution) and completes a refund calculation, processing any refunds to or on behalf of the student.
Program Cancellation: If LINGUA cancels a program subsequent to a student’s enrollment, the institution will refund all monies paid by the student.
Rejection of Applicant: If an applicant is rejected for enrollment by LINGUA, or if a prospective student has his/her visa application rejected, a full refund of all monies paid, less non-refundable charges, will be made.
Cancellation Prior to the Start Day of Class or No Show: If an applicant accepted by LINGUA cancels prior to the start of scheduled classes or never attends class (no show), LINGUA will refund all monies paid, less any actual non-refundable costs incurred by LINGUA in the maximum amount of $500. Nonrefundable charges include the application/registration fee of $150 and $350 administrative fees. Since LINGUA is not paid directly for transportation, housing or health insurance, students cancelling their services will arrange their refunds directly with the appropriate vendors. If an applicant accepted by LINGUA enters the United States on an I-20 obtained through LINGUA and subsequently cancels prior to the start of scheduled classes or never attends class (no show), LINGUA will retain:
- For a program of 12 weeks or less, all the tuition charges for up to four weeks of the Period of Financial Obligation* and any actual nonrefundable costs incurred by LINGUA in the maximum amount of $500. Non- refundable charges include the application/registration fee of $150 and a $350 administrative
- For a program of more than 12 weeks all the tuition charges for up to six weeks of the Period of Financial Obligation* and any actual nonrefundable costs incurred by LINGUA in the maximum amount of $500.00. Non-refundable charges include the application/registration fee of $150 and administrative fee of $350.
*PERIOD OF FINANCIAL OBLIGATION shall be defined as the training period for which a student is legally obligated to pay, which may be less than the total period of enrollment, if tuition is charged in smaller increments, such as by the month, term, and/or session.
Under no circumstances may a period of financial obligation exceed a 12-month period.
In cases of refunds for eligible students referred by recruiters: Lingua will only be responsible for calculating refunds based on full tuition payments by students or recruiters. Lingua will not be held responsible for refunding additional recruiter commission fees taken by recruiters upon the start of the program, to students in cases where students have not completed 50% of their program and are eligible for pro-rated refunds. If a student was referred by an international recruiter who paid student’s tuition to Lingua less the commission fees that the recruiter withheld, then Lingua shall be responsible solely for the calculation of pro-rated refunds to eligible students based on tuition received, less weeks used, and Lingua will not be responsible for refunding any fees that were deducted by recruiters at the start of the student’s’ program.
GROUP CLASS REFUNDS
Lingua does not provide refunds for any individuals that request withdrawal from the group classes/standalone/evening classes after the start date of the class, as these classes have been approved to run based on a minimum enrollment and the withdrawal and refund of a student from the group, would negatively affect the rest of the group.
WITHDRAWAL OR TERMINATION AFTER START OF CLASS:
INITIAL AND SUBSEQUENT PERIODS OF FINANCIAL OBLIGATION AND WITHDRAWAL OR TERMINATION AFTER THE START OF CLASS:
First Period of Financial Obligation:
For students whose last day of attendance occurs at any point in the first four weeks of their initial period of financial obligation, Lingua will retain the charges applicable to the first four weeks. For students whose last date of attendance occurs after the first four weeks but before or at the mid-point of their period of financial obligation, Lingua will retain a prorated amount of tuition. For students whose last date of attendance occurs after the midpoint, Lingua will retain all of the charges for that period. Any tuition paid for the balance of the program will be refunded in full.
Subsequent Periods of Financial Obligation or Enrollment periods:
For students who have completed the first period of financial obligation or extended their enrollment, but whose last date of attendance occurs before or at the midpoint of any subsequent period of financial obligation, Lingua will retain a prorated amount of tuition for that period. For students whose last date of attendance occurs after the midpoint of any subsequent period of financial obligation, Lingua will retain all of the tuition for that period. Any tuition paid for the balance of the program must be refunded in full.
Therefore: First Period of Financial Obligation
– Four Weeks or Less: LINGUA will retain all the tuition charges for the First Period of Financial Obligation.
First Period of Financial Obligation Greater than Four Weeks:
For students who withdraw at any point in the first four weeks, LINGUA will retain the charges applicable to the first four weeks. For students who withdraw after the first four weeks but before or at the mid-point of the period of financial obligation, LINGUA will retain a prorated amount of tuition. For students who withdraw after the midpoint, LINGUA will retain all of the charges for that period of financial obligation.
Subsequent Periods of Financial Obligation: Lingua will retain only prorated amounts of tuition charges, based on tuition used for all students who withdraw prior to the midpoint of any subsequent period of financial obligation, however Lingua will retain all the tuition charges for students who withdraw after the midpoint of a subsequent Period of Financial Obligation.
Prorated refunds will be calculated on a weekly basis. When determining the number of weeks, LINGUA will consider a partial week the same as if a whole week were completed, provided the student was present at least one day during the scheduled week.
Students who are dismissed or terminated: Students dismissed or terminated for non-compliance with attendance or conduct are still eligible for refunds under the same calculations used for students who withdraw voluntarily, and as long
as they have not withdrawn after the midpoint of the subsequent period of financial obligation, for which they will be ineligible for any refund.
Payment for the Intensive English Program (IEP) is due TWO WEEKS prior to start date to secure placement. In the case of students requiring insurance, housing, and/or transportation, fees are due three weeks prior to the start date of program. Payment for Customized Language Program (CLP) is due one week prior to start date. A CLP of over 13 CH per week becomes a Customized Language Boot Camp (CLBC). Payment for CLBC is due two weeks prior to start date.
Students in the IEP program who do not enroll and pay for upcoming new terms two weeks prior to the start date of the new term, will not be permitted to continue attending current classes and will accrue absence until such time as enrollment and payment are received. Students who do not enroll and pay tuition prior to the start date of the new term may be subject to administrative withdrawal. F-1 students that are administratively withdrawn due to lack of compliance with financial obligations/failure to enroll, will also have their I-20s terminated, which will require them to exit the United States within 15 days.
The IEP is divided in eight (8) modules of twelve (12) weeks each. All programs are eligible for tuition and materials installment payment plans. For installment payment programs, a credit card is required. However, student may pay by cash or check at least five (5) business days before the automatic withdrawal due date. Should payment not be submitted on the due date, LINGUA reserves the right to charge the credit card on file for the amount owed. If LINGUA is unable to charge the credit card, payment must be submitted in a timely manner to avoid late charge fees. Payments made later than five days after due date will incur an additional charge of 1.5% monthly (18% annually) of the total amount due. The student is responsible to pay for any collection and legal fees that arise from collection efforts.
LATE ENROLLMENT FEE:
In accordance with Lingua’s enrollment policies, all international students maintaining F-1 status are obligated to complete the tuition renewal process a minimum of 14 days prior to the expiration of their current enrollment term to ensure uninterrupted continuation of their academic pursuits at our institution. Failure to adhere to this stipulated deadline will result in the imposition of a Late Enrollment Fee, amounting to $100, for each instance in which the 2-week renewal window is not met. This Late Enrollment Fee shall be itemized in the student’s invoice.
CHARGES OTHER THAN TUITION
Non-refundable fees, except in the instance of program cancellation by Lingua, (in which case these fees would be refunded in full) are those detailed below and will not exceed a total of $500:
$49 non-refundable application/registration fee will be charged to students enrolling in supplemental programs, specifically for individuals who will attend 6 hours per week in a 12-week module. (Schedule Monday-Thursday, 12:30-2 pm) * This fee does not apply to students enrolling in evening standalone/6-week /36-hour courses for English and Foreign Languages.
$150 non-refundable application/registration fee will be charged to students enrolling in the Part-time, Semi-intensive or Intensive IEP programs. This fee covers the application processing costs and the cost of the proficiency examination.
$350 non-refundable administrative fee will be charged additionally to all non-immigrant students enrolling in the IEP Intensive program and seeking an I-20. This fee will cover administrative charges related to I-20 processing, for purposes of admission, extension, and maintenance of status.
Any student going on a school-sponsored field trip must submit a properly completed and signed “Field Trip Permission Form.” Students participating in International Field Trips must also submit a properly completed and signed “Student Medical/Medication Information” form prior to other preparations for the trip. This form must be signed by the student (if appropriate) or the student’s parent or legal guardian, in the event the student is a minor child.
CANCELLATION OF THE FIELD TRIPS
By signing the permission form, the student (if appropriate) and parents/legal guardians affirm that he/she/they have approved the participation in the schools-sponsored academic or extracurricular field trip with full knowledge that:
- LINGUA reserves the right to cancel a trip up to the departure date or to recall a trip in progress if local and/or international conditions so warrant or if security and safety concerns over which LINGUA had no control render it appropriate to cancel the trip. LINGUA will take the following criteria into consideration when making its decision: (a) U.S. Department of State Travel Advisory; (b) Homeland Security Advisory (alert status); and/or (c) Declaration of War or armed conflict.
- In such event that a trip must be canceled, school officials will make a reasonable effort to obtain a refund of monies paid by students. However, such refunds are not guaranteed. The student understand that he/she/they may lose
any and/or all of the funds he/she/they have expended for the voluntary trip. Medical insurance is required for all multiple local field trips and international
I am aware that when I am on a school sponsored trip, I am under the jurisdiction and supervision of the school employed sponsors/chaperons and that my behavior must conform to all LINGUA policies and regulations outlined in our academic catalog and that I must follow all reasonable instructions from chaperons. I understand I will be subject to appropriate disciplinary actions for violations of these rules and regulations.
LINGUA does not provide refunds for any individual absences by day, week, etc. that a student may incur during their Period of Enrollment.
LINGUA will primarily attempt to solve differences and disputes involving students through verbal discussion. Should academic differences not be resolved, students may bring the issue to the attention of the appropriate instructor. In case differences regarding administrative issues are not resolved verbally, students may bring the issue to the attention of the appropriate staff member. In both instances, should the differences remain unresolved after discussion, students may address it to the Center Coordinator or, as a last resource, to the School Director.
CUSTOMIZED CLASS COMPLETION AND RESCHEDULING
Students enrolled in a customized program are permitted to make up a missed class provided written notice of inability to take the class is submitted to LINGUA’s administration at least by noon of the business day prior to the scheduled class to avoid forfeiture.
A maximum of 15% of classes may be rescheduled. Students enrolled in customized programs must complete the course of study within the time frame specified on the course record, or as follows: within twelve (12) weeks for each module or level of proficiency consisting of 36 clock hours of class; six (6) weeks for half a level or module; and three (3) weeks for a quarter of a module. In harsh circumstances, LINGUA will allow customized language programs to be completed within a maximum time frame of 1.5 times the normal program length. Clients also have the option of purchasing a single two-hour class at a time. They will have the ability to reschedule that class once, provided they give written notice to LINGUA’s administration at least by noon of the business day prior to the scheduled class to avoid forfeiture.
If a student is unable to attend class for an extended period of time, he/she must request a leave of absence, in accordance with our leave of absence policy, or class time will be forfeited and not eligible for makeups or refunds.
Tuition for any customized program comprised of two or more participants is non-refundable since this would affect the second party’s contract, except where LINGUA converts a customized group class into a customized semi-private or private class. In this case, LINGUA will refund the withdrawn student according to the refund policy, and apply the remaining students’ tuition towards a customized semi-private or private class, according to the effective rates for each participant remaining in the customized program.
FORCE MAJEURE & REASONABLE CONTROL
LINGUA shall not be responsible for any failure to comply with any of its obligations if the failure is for reasons beyond the school’s control. LINGUA will make every effort to exercise reasonable diligence without incurring additional costs. However, if situations or events arise that cannot be prevented or avoided and prevent Lingua from exercising its due diligence, LINGUA will not be held responsible.
These types of situations, or Force majeure events shall include, but shall not be limited to, acts of God, acts of government, acts of the public enemy, outbreak of war, terrorist activity, civil strife, commotion, strikes, riots, natural or nuclear disaster, fires, storms, hurricanes, tornados, floods and other extreme weather conditions, embargos, infectious diseases, pandemics, and the closure of any of Lingua’s locations (whereby students will be offered a comparable program at another Lingua location)
When a local, state or government agency, including the police, fire department, CDC, Department of Homeland Security, etc. declares an emergency, the school will first and foremost take all reasonable measures to protect the health and safety of students, teachers, and staff. This may include school closures and cancellation of classes and/or switching to Interactive Distance Learning (IDL) which will require students to have internet connected devices and these classes may be taught in multi-level format or comprise class sizes never to surpass 30 students at a time.
LINGUA, and its representatives, shall not be liable when services are not provided to Applicant for reasons beyond its direct and absolute control, including but not limited to above mentioned events. LINGUA will not be held liable for any loss, damage, illness or injury to persons or property however caused, except where such liability is imposed by law.
I have read and understood the General Release and Program Conditions and Payment set forth on this document and I agree to submit to them. If this document was not translated into my native language, I attest that the policies outlined herein were carefully explained to me and that I understand my rights and obligations set forth in the General Release and Program Conditions.
RELEASE FOR USE OF PHOTOGRAPHS AND VIDEO
I hereby give authorization to LINGUA to use photographs and videos of myself while participating in any school activities, including language training, extra-curricular activities, and field trips, in conjunction with any marketing, publicity, sales or promotional activities relating to LINGUA or any portion thereof. LINGUA may use or license any such pictures or other reproductions for any purpose, commercial or otherwise, both during the Term of Enrollment and even after completion thereof. I hereby release Lingua from any and all claims whatsoever in connection with the use, reproduction, or publication of such images.
Authorization to Retrieve Confidential Information
(non-immigrant international students under pending Change of Status only)
I hereby give authorization to LINGUA to obtain/retrieve my I-94 or EAC history information for the purpose of follow-up and timely extending of pending Change of Status petitions. This consent will automatically expire once I start my studies at LINGUA. I understand I have the right to refuse to sign this authorization. I hereby confirm that I have reviewed this consent and agree to it and that this consent was explained to me in a language that I am able to understand prior to signing my approval.
FIELD TRIP PERMISSION FORM
I will participate or authorize my child (if under 18) to attend to the field trips selected below. I understand that personal injury can and may occur and I hereby authorize LINGUA to seek and consent to emergency medical attention; and I further agree to be liable for and to pay all cost incurred in connection with such medical attention. I hereby release LINGUA, its employees, from any and all liability, claims, demands, causes of action and possible causes of action whatsoever arising out of or related to any loss, damage or injury that may be sustained by my or my child while participating in or traveling to and from this
I agree to accept full responsibility, financially or otherwise for any damage I or my child may do to the properties visited on outing.
The following is all of the insurance information, restrictions, allergy and medication necessary to receive appropriate medical care:
LINGUA HONOR CODE ATTESTATION
I by my signature below, hereby attest on my honor that I will not engage in academic dishonesty in any of my submitted work during my period of enrollment at Lingua Language Center. I understand the Honor Code as it has been explained to me upon my admission to Lingua and I will respect it and refrain from any plagiarism, cheating, assistance on exams or in completing assignments, or by not handing in work other than my own. I will work to uphold the honor of Lingua Language Center by adhering to this Honor Code and to ensuring that my peers also uphold it.
INTERACTIVE ONLINE ATTESTATION
I hereby certify that I have enrolled in an INTERACTIVE ONLINE course and I certify that I possess the proper equipment (laptop or PC with working camera and microphone, headphones or headset) and high-speed internet service (or Wi-Fi booster) to be able to participate fully in the online/virtual classroom whereby I am able to be seen by the instructor and interact verbally, and not experience frequent interruptions or disconnections. I further state and certify that I am aware of school policy that requires me to be on camera every day and that any malfunction of my equipment that prevents my full participation is my responsibility to repair in order to continue full participation in the virtual class.
SCHOOL CATALOG ATTESTATION
“I attest that I have been provided a copy of the Lingua Academic Catalog and that I have read the catalog/catalog has been explained to me if I am unable to read it in English”
“I hereby attest that I have read and understood these terms and conditions and if the terms were not in my language, they have been explained to me in a language that I understand”