Terms & Conditions
General Release and 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. 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 seven (7) 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
Students who are unable to complete their programs are encouraged to submit a request for determination of eligibility for a refund in writing to the School, however this is not required and notification may also be given verbally. 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 to the recruiting agency.
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. The date 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.
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 fee.
- 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.
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.
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.
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, 12:30-2pm) * 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.
Lingua does not provide refunds for any individual absences by day, week, etc, that a student may incur during their Period of Enrollment.
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 timeframe 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.
LINGUA expects students enrolled in intensive programs to attend school every day. When a student misses a class, they do not only fall behind on new material, but they miss the hands-on repetition that is so important in learning and developing new skills.
LINGUA requires a minimum of 80% cumulative attendance in the classroom. The student must call the front office when he/she will not be in attendance, so the instructor can be advised.
Attendance is tracked in every class period by the instructor, to the nearest quarter hour. If a student misses more than 15 minutes of any class period, he/she will be marked absent for the whole hour. Late arrival of a half hour or more will result in the student being marked absent for the entire first period. (three hours for IEP class). Two tardies shall equal one full period absence. The teacher keeps track of each student’s attendance in the student management system. The Operations Coordinator will review attendance records on a weekly basis, and when needed will take action, according to the attendance policy. Instructors will advise the School Director and Operations Coordinator if a student arrives late or is absent for a full day more than three (3) times in one module (12 weeks). The School Director will then meet with the student to discuss the reasons for the tardies/absences and to verbally review the attendance policy with the student. This will be considered the first verbal warning for attendance violation. A second verbal warning will occur if the absences/tardies continue to accumulate and the student will be sent a warning letter for attendance probation. If the student falls below the 80% compliance with attendance, then they will enter into Academic Probation and be sent notification of such, refer to the section below on Academic Probation.
The cumulative attendance information will be reported in the Midterm and final reports in both terms of hours and percentages, and will be reviewed by the SCHOOL ADMINISTRATIVE MANAGER, OPERATIONS COORDINATOR and CENTER COORDINATORS on a weekly and monthly basis to ensure timely compilation and delivery of warning and probation letters. If a student does not agree with any of the attendance data, he/she must submit a written appeal to the School Director of the program of study within one week of the progress report distribution. At the end of the month after the term end date, the term attendance data becomes permanent and can no longer be challenged.
International students are subject to the attendance requirements established by SEVIS and all students are subject to Lingua’s attendance policy. Excusable absences are those due to: illness or medical visit supported by a medical excuse, religious holy day observances in his/her own faith, death in the immediate family, or attendance to statutory governmental responsibilities. However, it should be noted that excusable absences still count towards the 80% compliance with attendance policy, although they may not affect the student’s participation grade for that/those days. A student will still be held accountable for any violations of the 80% attendance compliance policy, even if some of the absences were considered excusable.
TARDINESS AND EARLY DEPARTURE
LINGUA expects students to be in class on time to school every day. When a student arrives late to class, he/she does not only miss the material that has been presented, but also disrupts both the instructor and fellow students. If a student arrives late for class, the instructor will record a Tardy at 9:15am (or 2:30 pm if afternoon schedule) and an absence at 9:30 am (or 2:45pm). Two tardies will be counted as one absence. If a student leaves before the instructor dismisses class, the instructor will record an Early Departure and will note the time (hour/minutes) that the student departed early, so that the minutes/hours are counted correctly towards the student’s cumulative hours of absence and percentage of absence can be tallied appropriately. If a student has a Tardy or an Early Departure three times or more in a module, the student will be required to meet with the School Director to discuss and remedy this situation, and hopefully avoid any future absences/tardies and the need for attendance warnings.
Therefore, tracking of late/absent according to the Lingua schedules:
AM SCHEDULE: (9:00 AM-12:15PM)
9:15 arrival = late (lose one hour)
9:30am arrival= absent (lose three hours)
SUPPLEMENTAL SCHEDULE: (12:30 PM-2PM)
12:45 arrival = late/lose one hour
1:00pm arrival = absent/lose entire 1.5 hour class period (*Note: unless a semi-intensive student on the PM schedule who arrives at 1:00 pm instead of 12:30pm)
PM SCHEDULE: (2:15pm-5:30pm)
2:30 arrival = late /lose one hour
2:45pm arrival = absent/lose three hours
Early departures will be tracked by the teacher on the Big Sis system, wherein the teacher will mark the “early departure” box if a student leaves before the end of class, and will note the departure time to the nearest quarter of an hour.
If a student falls below cumulative attendance of at least 80% at any point during the term, the student will be given an Attendance Probation Notice and will be placed on Attendance Probation. The student must meet with the School Director and abide by the terms outlined in the Attendance Probation notice. Toward the end of the term, the student on Attendance Probation must meet the 80% cumulative attendance requirement and have met all of the terms of the Attendance Probation, one of which would require the completion of make-up hours at the student’s expense and outside of regular school hours, in order to meet the 80% requirement again. These classes must entail review of the content the student missed due to absence and the amount of hours of class time that was also missed in order to regain 80% attendance. Failure to comply with these requirements and return to at least 80% attendance percentage, will result in the student failing the level, requiring the student to repeat it, and F-1 students could be subject to termination of their records in the SEVIS system, which could subsequently affect their visas. After no more than a one-module term on attendance probation, the student must again meet the 80% cumulative attendance requirement, or he/she will be unable to move to a higher level and will also be subject to completion of make-up hours to return to 80% attendance compliance. In the case of International Students, they must abide by all SEVIS regulations regarding attendance to avoid consequences due to non-compliance with attendance policies.
Make-up hours must be prearranged with the School Director, outside of normally scheduled classes. Make up classes should equal the amount of clock hours missed, and should cover also cover the content that the student was absent for. These classes will be conducted by a Lingua instructor as a private class lesson, on Lingua premises and will be paid separately by the student at the lowest customized program rate listed. Class activities may include completing class exercises, reviewing class materials, or other course-related assignments.
A student who is absent for eight consecutive class days or fourteen consecutive calendar days, whichever is less, without an approved leave of absence or notification to the school will be terminated and any refunds due will be processed, unless the student has completed 50% of the program purchased, for which no refund will be issued.
LEAVE OF ABSENCE POLICY
A leave of absence is a temporary break in a student’s attendance during which s/he is considered to be continuously enrolled. A student must request the leave of absence in writing prior to the beginning date of the leave of absence, unless unforeseen circumstances prevent the student from doing so. If a student does not request a leave of absence within a timeframe consistent with the institution’s consecutive absence policy, he or she must be withdrawn. The student must fill in the leave of absence form in full, including notice date, effective date, length of absence and reason for request. This will allow LINGUA to have a reasonable expectation of the student’s return within the timeframe of the leave of absence as requested. LINGUA will grant the leave of absence to the student, provided the request falls within LINGUA’s leave of absence policy. LINGUA will not assess the student any additional charges as a result of the leave of absence. The student must attest in writing to understanding the procedures and implications for returning or failing to return to his/her course of study, which would be in accordance with established attendance policy as to percentage of absences. Failure to return from a leave of absence on the expected date of return will result in the student’s absences being recorded and the student would be subject to attendance warning/probation from that point on. In order for a leave of absence to be granted, the student must have completed at least one term at LINGUA, unless a serious medical condition or illness requires otherwise and this must be documented. Leaves of absence may not exceed 45 days in a twelve-week program term or 120 days in a nine-month period. Multiple leaves of absence are permitted provided the total of the leaves does not exceed these limits. An approved leave of absence may be extended for an additional period of time provided that the extension request meets all of the above requirements, and the total length of the leave of absence does not exceed the specified limits. For International students on F-1 visa: A leave of absence for a student leaving the U.S. will require a temporary withdrawal from full course load in SEVIS and subsequent reinstatement, if the expected LOA will be for 30 days or more. A student remaining in the U.S. and experiencing a serious medical illness or condition can be granted a reduction of full course load and this will require the DSO to authorize a new Reduced Courseload (RCL) in the SEVIS system with the expected start and end dates of such.
Lingua will grant 90 days of vacation leave to students who have been continuously enrolled for at least nine months and are in good academic standing. Eligible students must request the leave in writing/completion of the Vacation leave request form, to the School Director, at least one month prior to the beginning of the vacation period they are requesting. Students must meet all eligibility requirements in order to be approved for vacation such as having completed the full nine months of continuous enrollment prior, (exception is the summer vacation option, see below) and they must be in good standing both academically and with their attendance. Students with academic or attendance warnings or probation letters will not be approved for vacation until they have completed a subsequent module with no warnings/probation. The School Director will make the final approval for vacation requests upon careful consideration of all eligibility requirements.
SUMMER VACATION OPTION **
In certain cases, and with School Director approval, students who enroll and pay nine months of study in full, will be granted a summer vacation leave of ninety (90) days after at least three months of continuous study. In these cases, the leave period would have to fall between the months of May-August, students would have to have attended class for at least three months prior and must be in good academic and attendance standing. Students would be required to return in August to complete the remaining six months of study. This agreement will be void if within the first three months of continuous study the student receives any attendance or academic warnings or goes on probation for violation of either of these policies.
**Limited eligibility will be granted for the summer vacation option, which is on a first-come, first-serve basis. NO summer vacation option requests under this agreement will be granted without at least one month prior notice. Requests must be approved by the School Director and are subject to review of student’s grades, attendance and good academic standing. The School Director and School Administration will reserve the right to refuse any request for summer leave if student does not meet the criteria or if all summer leave slots have already been awarded to other students.
DISMISSAL AND REINSTATEMENT
Any student dismissed for attendance related reasons—consecutive absences, failure to maintain the 80% cumulative attendance, excessive tardiness or early departures, failure to meet the terms of attendance probation, or failure to return from a leave of absence—may restart classes in the next module only with the School Director’s written authorization.
Students who fail a term have to repeat the term under a warning. If the student fails the term again, the student is placed on probation. If the student fails the term again, the student is dismissed from the center. As stated under conduct, there are other reasons that may cause an immediate student dismissal. A student who has been dismissed may apply and in some instances be eligible for reinstatement on probation, provided that the reasons for dismissal are deemed reasonable by the School Director after a careful analysis.
PLAGIARISM AND CHEATING
Plagiarism occurs when a student presents someone else’s ideas or information on any required assignment or test as his/her own. A student using someone else’s ideas or information to support his/her own is required to properly cite the source of information. LINGUA considers failure to comply with this requirement as plagiarism. Cheating occurs when a student uses unauthorized study aids on assignments and tests; provides or receives help to or from another student on assignments or tests; or has someone else complete his/her assignments or tests. Plagiarism and cheating are considered unethical performance on the part of any student. LINGUA’s provision against this unacceptable behavior is withdrawal of any student involved in the act; thus causing him/her to fail the course.
LINGUA expects all students to abide by and comply with all copyright laws. It is illegal to use or reproduce copyrighted material without permission from the authors. The only exceptions are those outlined by U.S. Copyright Law Title 17 – Section 107 which refers to the Fair Use educational exception.
Students of LINGUA must not make unlawful copies of copyrighted materials, and unlawful copies of copyrighted material may not be used at the school. Students of LINGUA who reproduce or utilize copyrighted materials must obtain written permission from the authors or must strictly adhere to the legal provisions for Fair Use.
For more information regarding copyright laws and the Fair Use educational exception, students are encouraged to use the following website: www.copyright.gov