Term. The term of this Agreement commences on the Effective Date and, unless terminated earlier pursuant to this Agreement’s express provisions or applicable law, shall continue for the remainder of the then-current school year (the “Term”). In consideration for Student’s payment of all fees, commencing on the Effective Date Student shall enroll in the Legacy Learning Community school (the “School”) subject to the terms and subject to the conditions set forth in this Agreement and any other written documentation pertaining to the School that Legacy Learning Community may furnish to the Student & Guardian(s) from time to time.
Cancellation & Refund Policy:
Application denial: If for any reason a Student is not accepted by Legacy Learning Community, the Student is entitled to a full refund of all monies paid within 30 days.
Three-Day Cancellation if prior to the school year: A Student for whom written notice of cancellation is provided within three business days after signing this Agreement, and if the Student has not yet attended school, is entitled to a full refund of all monies paid within 30 days of Legacy Learning Community receiving such notice of cancellation.
Other Cancellations prior to the Start Date: A Student for whom cancellation is requested more than three (3) days after signing this Agreement and making an initial payment, but prior to entering the school, is entitled to a refund of all monies paid, minus a $200 non-refundable registration fee which will be deducted from refunded Tuition and Fees.
Refund after the commencement of classes:
Procedure for withdrawal and determination of withdrawal date:
A Student choosing to withdraw from the school after the commencement of classes shall provide written notice to the Executive Director of Legacy Learning Community. The notice must indicate the expected last date of attendance and be signed and dated by the legal guardian of the Student or the Student if they are at least 18 years of age.
For a Student who is on an authorized Leave of Absence, the withdrawal date is the date the Student was scheduled to return from the Leave and failed to do so.
A Student will be determined to be withdrawn from Legacy Learning Community if the Student has not attended any class for 30 consecutive days.
All requested refunds will be issued within 30 days of the determination of the withdrawal date.
Tuition charges/refunds: After the commencement of classes, a tuition refund will be provided as follows (except that such calculation shall not include the $200 non-refundable registration fee):
50% within the first 10 days of the quarter.
0% after the first 10 days of the quarter.
Direct Costs: All refunds issued hereunder will be reduced by the amount of any direct costs incurred by Legacy Learning Community that cannot be recovered, including but not limited to costs from the purchase of books and other supplies, online curriculum and other software, and fees paid on behalf of the Student.
Survival. This Section 1(b) and Sections 4-12 shall survive any termination or expiration of this Agreement.
Tuition and Fees.
Fees. A non-refundable registration fee of $200 is due with the signing of this Agreement. The Guardian(s) shall ensure payment for the remaining balance of the Tuition and Fees identified on the signature page to this Agreement, without offset or deduction. Payments made hereunder shall be in US dollars. If the Guardian(s) fail to make any payment when due, without limiting Legacy Learning Community’s other rights and remedies: (i) Legacy Learning Community may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; and (ii) Guardian(s) shall reimburse Legacy Learning Community for all costs incurred in collecting any late payments or interest, including attorneys’ fees, court costs, and collection agency fees.
Empowerment Scholarship Account. If an Arizona Empowerment Scholarship Account (“ESA”) is utilized to cover all or a portion of the Tuition and Fees, then Guardians are responsible for applying for an ESA, determining eligibility requirements, and use of such funds. Student and Guardian will obtain and submit a completed IEP with the correct area of eligibility. If the correct IEP is not submitted, the Guardian will be responsible to cover tuition at an amount equivalent to what the Student would be eligible for under a complete IEP if the complete IEP had been timely submitted. Parents are responsible to ensure Arizona ESA is provided with all updates to their child’s IEP. Without limiting the foregoing, Guardians may learn more about ESA’s and how to apply at https://legacylearningcommunity.org/applying-for-esa-2/.
The Student & Guardian(s) Acknowledgments. By signing this Agreement, the Student & Guardian(s) understand and acknowledge the following:
Legacy Learning Community will review all courses completed with a previous educational entity. Legacy Learning Community may not accept all previous credits or experience to which credit was granted.
Legacy Learning Community reserves the right to make adjustments to the school’s academic calendar as deemed necessary in Legacy Learning Community’s sole discretion. School cancellation due to inclement weather or circumstances beyond the control of Legacy Learning Community are not eligible for refunds in tuition.
Legacy Learning Community will not be responsible for any statement of policy or procedure that does not appear in the Parent/Student Handbook or School catalog.
Legacy Learning Community reserves the right to discontinue the Student’s enrollment with Legacy Learning Community for any reason; including, but not limited to: unsatisfactory progress, nonpayment of tuition, failure to abide by School rules, failure to comply with attendance, academic and financial requirements, and/or if the Student disrupts the normal activities of the School, each as determined in Legacy Learning Community’s sole and absolute discretion.
Information concerning other schools that may accept Legacy Learning Community’s credits toward their programs can be obtained by contacting the Executive Director of Legacy Learning Community. It should not be assumed that any programs described in the School catalog could be transferred to another institution. Legacy Learning Community does not guarantee the transferability of credits to a college, university or any other institution. Any decision on the comparability, appropriateness and applicability of credits and whether they should be accepted is solely the decision of the receiving institution.
The Guardian(s) and Student each acknowledge they have received a copy of the Parent/Student Handbook which contains information describing programs offered, and equipment/supplies provided. The Guardian(s) and Student agree to comply with the Parent/Student Handbook and represent that information provided by the Guardian(s) and Student in connection with the Parent/Student Handbook is true and complete in all material respects.
The Guardian(s) and Student have carefully read and received a copy of this Agreement.
While enrolled in Legacy Learning Community, the Student understands that the Student must maintain Satisfactory Academic Progress as described in the Parent/Student Handbook and that the financial obligation to the School must be paid in full before a credit may be awarded.
Miscellaneous.
Entire Agreement. This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder must be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the party giving notice from time to time in accordance with this Section). All notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a notice is effective only: (i) upon receipt by the receiving party (and shall be deemed to have been received on the date of its delivery, if delivered, and on the third full business day following the date of the mailing, if mailed to each of the parties thereto at the following respective addresses or such other address as may be specified in any notice delivered or mailed as above provided); and (ii) if the party giving the notice has complied with the requirements of this Section. Notwithstanding anything else in this Agreement, notice may be given by email, to the Guardian(s) at the email on the first page of this Agreement and to Legacy Learning Community at info@legacylearningcommunity.org. If notice is given by email, it shall be deemed received on the same day it is sent if sent before 5 pm MST or on the day after it is sent if sent after 5 pm MST; provided the sender receives a confirmation of receipt.
Severability and Headings. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, Legacy Learning Community shall work in good faith to modify this Agreement so as to affect their original intent as closely as possible in order that the arrangement contemplated hereby be consummated as originally contemplated to the greatest extent possible. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.
Governing Law; Submission to Jurisdiction. This Agreement is governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Arizona. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Each party irrevocably waives any right such party may have to a trial by jury and/or to participate in a class action arising out of or related to this Agreement. REGARDLESS OF THE FORUM, STUDENT & GUARDIAN(S) AND LEGACY LEARNING COMMUNITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Cumulative Remedies. All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
Assignment. Student & Guardian(s) rights hereunder may not be assigned, nor obligations hereunder delegated, in each case whether voluntarily, involuntarily, by operation of law or otherwise, except by the written consent of Legacy Learning Community. Any purported assignment or delegation in violation of this section will be null and void. This Agreement is binding upon and inures to the benefit of the parties and their respective permitted successors and assigns.
No Third-party Beneficiaries. Each Guardian is jointly and severally liable for all obligations of the Student & Guardian(s) hereunder. This Agreement benefits solely the parties to this Agreement, the enrolled Student or applicant, and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. This Agreement does not constitute a binding agreement until accepted in writing by the Guardian(s) and Legacy Learning Community.
Liability. Except as expressly prohibited by applicable law, in no event shall Legacy Learning Community, its affiliates, and/or its and their respective officers, directors, employees, agents, successors and assigns be liability to Student & Guardian(s) for any direct or indirect damages, losses, loss of income or profits, consequential, exemplary, incidental, or special damages, event if advised of the possibly of such damages.
