Policies

NEW YORK JAZZ ACADEMY PRIVACY POLICY (Summary)

New York Jazz Academy® respects your privacy and considers the responsible use of personal information to be a critical element in enabling the Internet to reach its potential as a serious tool for personal and professional activities. In general, you can visit the New York Jazz Academy® website without telling us who you are or revealing any personal information about yourself. If you choose to register for programs on New York Jazz Academy® website, however, we require information from you, such as your name, home or business address, e-mail address, and telephone number. When you choose to give us credit card information, it is used only for the transactions you have requested through the New York Jazz Academy® website. New York Jazz Academy® will not share your personal information with other entities. Read the complete New York Jazz Academy® privacy policy here.

STUDENT AND CUSTOMER TERMS AND CONDITIONS

(Updated March 24, 2021)

New York Jazz Academy® programs, ensembles, music classes, instruction and other activities are available to individuals in different forms, including at various NYJA® studios in-person, through NYJA® Online programs and channels, and at in-person and virtual events and activities organized by NYJA®. Not all participants in NYJA® activities need to be members of NYJA®; however, participants in specific NYJA® programs and activities agree to the additional terms and conditions of those programs and activities, certain of which are set forth below in these Student and Customer Terms and Conditions, and others are described at the location of those specific programs and activities.

All participants in NYJA® programs and activities agree to the Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement below.

Additionally, in connection with the reopening of NYJA® studios and the ongoing COVID-19 situation, participants using NYJA® studios agree to the COVID-19 Terms and Conditions described below.

In consideration of, and as an inducement and condition to, New York Jazz Academy LLC and its designees, including, without limitation, its sponsors and affiliates (collectively, “NYJA®”), allowing you to participate in programs, ensembles, music classes, instruction, and other programs, events and activities conducted or organized by or through NYJA®, whether in-studio, in-person, online, live, recorded or otherwise (collectively, with all related activities, the “Activities”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree to these Student and Customer Terms and Conditions (these “Student Terms”).

If you practice at or through a studio operated by NYJA®, the studio staff may require you to provide additional agreements, documents, waivers or releases. You acknowledge that the terms, conditions and provisions of any such additional items only supplement (and do not modify or vary) these Student Terms. In the event of any conflict (as determined by New York Jazz Academy LLC in its sole discretion) between these Student Terms and such items, these Student Terms shall control. Ask your studio if there are any such supplementary items.

Your participation in any Activities or NYJA® programs indicates your acceptance of and agreement to all of these Student Terms as in effect from time to time, including, without limitation the Arbitration Provision below, and any changes or updates to or replacements of these Student Terms.

We may change, update, terminate and replace these Student Terms, programs, benefits and Activities from time to time, in whole or in part, at any time, and without notice or compensation, even though such actions may affect the programs, benefits and Activities or your participation in such programs, benefits and Activities. We may provide information regarding such matters by electronic means, including posting these materials online at: https://www.nyjazzacademy.com/policies/. Consult the then-current Student Terms for terms and conditions of membership and participation. It is your responsibility to review the current Student Terms. See “Changes” below.

ACCOUNT; RULES AND DIRECTIONS

By participating in NYJA® Activities you agree to observe all rules and directions of NYJA® and the locations (in-studio, in-person, online or otherwise) at which Activities take place.

PROGRAM REGISTRATION; WALK-INS

Registrations are accepted on a first-come, first-served basis, beginning on the day stated on the website and print materials. Full program tuition is due upon registration. Early registration is encouraged, as many workshops/classes fill quickly. Workshops with insufficient enrollment may be cancelled, so it is important to register early.

Students may register online or by phone: (718) 426-0633, using all major credit/debit cards, including AMEX, MasterCard, VISA, Discover. Students may also register bank wire transfer.

NOTE: Faxed registrations will not be accepted.

Any use of a NYJA® studio will require an advance program registration and reservation, which may be made at https://nyjazzacademy.com. Program registrations are subject to the terms and conditions of a reservation (including reservation, cancellation, credit and refund conditions and policies) available at https://www.nyjazzacademy.com/policies/.

At this time there is no walk-in participation with NYJA®. Should walk-in use become available, we will provide information regarding such use by such methods as we determine.

WAITING LISTS

When a workshop or class is full, interested students may sign up on the waiting list. No registration fee or deposit is required to be on the waiting list. Students are notified of openings in the order they sign up on the waiting list. When students are notified of openings, they must pay the registration fee and tuition, or they will lose their place on the list.

COVID-19 TERMS AND CONDITIONS

In addition to and as a part of the Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement below:

I understand that the COVID-19 (novel coronavirus) pandemic is an ongoing public health situation.

I understand that COVID-19 (including variations and mutations) is a highly communicable virus that can cause, among other conditions, severe respiratory illness, sometimes leading to death, in individuals who contract it.

I will not attend in-studio or any other in-person Activities conducted or organized by or through NYJA® if I am exhibiting symptoms of COVID-19 (which can include, without limitation, fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell), or if I have been exposed to a third party who has exhibited COVID-19 symptoms in the 14 days preceding my participation in the Activities.

I understand and expressly agree that my use of a NYJA® studio or participation in any other in-person Activities conducted or organized by or through NYJA® involves the risk that I could contract COVID-19 notwithstanding the mitigation measures in place by NYJA®. I understand that these risks are inherent to my use of the facilities or participation in such Activities and can range from mild symptoms to major illness, including death. I further understand and voluntarily accept full responsibility on my behalf for the risk of contracting COVID-19.

COSTS

Tuitions vary based on workshop/class costs, and include most supplies, with the exception of instruments and instrument accessories. Some workshops require a materials kit. An additional fee to cover the cost of materials is noted for these workshops. Tuition for all programs is due in full at time of registration, with the exception of programs longer than 12 weeks, which may be paid in monthly tuition installments. At the time of registration, the student’s credit card will automatically be charged the balance due unless the student makes other payment arrangements (e.g. mails a check, or provides an alternate credit card number). Students enrolled in workshops/classes/lessons will be sent an invoice approximately forty-five (45) days before the workshop/class/lesson as a reminder that the balance must be paid. The balance payment is due no later than thirty (30) days prior to the first day of the workshop/class/lesson. At that time, the student’s credit card will automatically be charged the balance due unless the student makes other payment arrangements (e.g. mails a check, or provides an alternate credit card number). Students registering online must call NYJA® prior to the payment due date to provide a credit card with which to charge the final payment. Note: All cancellations must be in writing. See below.

CHECKS

A fee of $30 will be charged for any checks returned for non-sufficient funds or other reasons.

CODE OF CONDUCT

New York Jazz Academy® reserves the right to require withdrawal of any student whose conduct is deemed detrimental to NYJA® and its students, teachers, and staff. This includes physical violence (or the perceived threat of such), emotional abuse, and more. Every student is expected to attend program sessions regularly. If the student must miss a session, the student is expected to contact NYJA® administration in writing (by email) at least 7 days before the scheduled absence. Unscheduled absences, wherein the student does not notify NYJA® at least 7 days before the absence will not be tolerated. New York Jazz Academy® reserves the right to require withdrawal of any student who misses more than 75% of classes in a semester and does not give scheduled notification. In the event a student should be expelled or withdrawn by New York Jazz Academy®, New York Jazz Academy® will not refund any tuition for that program, workshop, class, or private lesson.

SKILL LEVELS

Skill levels are noted by each workshop/class description to help you derive as much success from as possible. Selecting a class with a higher skill level than you possess can be a frustrating experience. Weekly classes designated for beginners are appropriate for students with little or no jazz and improvisation experience. Students are always welcome to contact NYJA® (718-426-0633) for suggestions on workshops/classes that meet their skill level and area of interest, or for a suggested curriculum.

PRIVATE LESSON CANCELLATION POLICY

If you must cancel a lesson, please contact New York Jazz Academy® at least 72 hours before your scheduled lesson. Lessons in the teacher’s studio must be cancelled within 72 hours of the scheduled lesson time in order for the student to receive a makeup lesson. Lessons in a rented music studio and/or rehearsal facility must be cancelled within 72 hours of the scheduled lesson time in order for the student to receive a makeup lesson. Makeup lessons will be scheduled by the teacher. Lessons that are not cancelled at least 72 hours before your scheduled lesson time will be forfeited. In the rare event that your teacher must reschedule your private lesson, we expect the teacher to notify you at least 24 hours of your lesson time. The teacher is then responsible for arranging an alternate lesson date and time that works for the student. The teacher may also enroll a substitute teacher to teach the make-up lesson, when needed.

WORKSHOP/CLASS CANCELLATION POLICY

All cancellations must be made in writing. Cancellations are never accepted over the phone. NYJA® Annual Membership fees may not be cancelled or refunded, under any circumstance. If you cancel more than thirty (30) days* before the first day of any semester, New York Jazz Academy® will retain $30 of your tuition payment. You will receive a refund of any additional program tuition you have paid for that semester. If you cancel twenty-nine (29) days or less before the start of any semester, you will forfeit your entire program tuition for that semester. You will not get a refund. However, you may donate your spot as a scholarship to a financial need student. There is no refund for no-shows or withdrawals after the class begins. For transfers made thirty (30) days or more before the first day of a semester, students will be charged a transfer fee of $30. No transfers are allowed less than thirty (30) days before the first day of a semester.
*The exception to the thirty (30) cancellation policy is for all Jazz Intensives (see below).

PLEASE NOTE: New York Jazz Academy® is not responsible for providing make-ups or issuing refunds, credits or transfers for days or entire workshops/courses/private lessons missed as a result of illness, emergencies or other events beyond the Academy’s control, including weather-related conditions (icy roads, etc.). Students will receive a tuition refund (minus a nominal 4% bank fee) only in the event that New York Jazz Academy® cancels the workshop, course, or private lesson.

JAZZ INTENSIVES CANCELLATION POLICY

The following cancellation policy applies to all NYJA® Jazz Intensives programs, including NYJA® Summer Jazz Intensives, NYJA® Winter Jazz Intensives, NYJA® Spring Jazz Intensives, NYJA® Custom Jazz Intensives, and all other NYJA® Jazz Intensives. All cancellations must be made in writing. Cancellations are never accepted over the phone. NYJA® Annual Membership fees may not be cancelled or refunded, under any circumstance. Cancellations received sixty (60) days or more before the first day of the first week of all NYJA® Jazz Intensives will result in a tuition refund, less a 4.0% non-refundable deposit. Cancellations less than sixty (60) days before the first day of the first week of the NYJA® Summer Jazz Intensives will result in no tuition refund. No transfers are allowed less than sixty (60) days before the first day of the first week of the Summer Jazz Intensives. Transfer requests received sixty (60) days or more before the first day of the first week of the NYJA® Summer Jazz Intensives will be considered ($50 transfer fee applies).

EARLY/LATE POLICY

Please do your very best to arrive at your workshop/class/lesson on time. Your lesson time is fixed to the time arranged by your teacher and/or the NYJA® office. If you happen to arrive early to your lesson, please wait for your lesson time before you begin your lesson. If you happen to arrive late to your lesson, your teacher is not expected to extend the lesson past its scheduled ending time.

EXPIRATION DATES

Please note that prepaid lessons must be used within 180 days of payment. Any prepaid lessons that are not used within 180 day of payment will be forfeit. Gift certificates must be redeemed within 365 days of initial purchase. If prepaid gift certificate amounts are not used, no refunds will be allowed.

NOTE TO TRAVELERS

New York Jazz Academy® strongly urges all out-of-town students to buy refundable airline tickets in case of workshop cancellations or other unforeseen changes.

CHANGE OF VENUE

All program locations are subject to change. In the rare event that a NYJA program relocates to a venue other than the regularly scheduled location for such program, NYJA will notify enrolled participants of such a change. Every effort will be made to change the venue to a new location within a reasonable distance of the regularly scheduled location. Enrolled participants will be expected to attend the program at the new location. In extremely rare circustances, live classes at venues may be changed to classes that are given remotely/online (most likely via conference call on Zoom, Skype, WeChat, WhatsApp, etc.) No refunds or cancellations will be allowed due to venue changes for any and all programs, including, but not limited to, NYJA jazz improv workshops, small ensembles, big bands, private lessons, vocal jazz workshops, elective programs, NYJA® Summer Jazz Intensives and other NYJA Jazz Intensives programs.

WEATHER/”ACT OF GOD” POLICY

If NYJA® closes due to inclement weather, an “act of god”, force majeure, or if venues are closed due to communicable disease concerns, a “School Closed” notification will be posted on the school’s online calendar by 12:00 noon. Please remember to click your refresh and/or reset button on your browser. NYJA does not offer “snow day” makeups. Programs canceled due to any of the above factors will not be rescheduled.

CUSTOMIZED SCHEDULING AND DOCUMENT SERVICES

Note that NYJA can help customize your program registration. We offer customized course packages for any length of stay. We also offer certificates of completion at the end of your study (on request). If you need help from NYJA regarding government paperwork, grant applications through your country or organization, or any other preliminary documentation, let us know, and we will arrange to send you the necessary letters and paperwork (a $100 fee applies for this document service).

RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, and INDEMNITY AGREEMENT

I fully understand that participation in the Activities includes, without limitation, strenuous physical and mental activities and exercises, participating in the Activities with other participants, contact with unidentified and unfamiliar persons, participating in the Activities in new and unfamiliar places and manners, exposure to risks in the areas in which the Activities are conducted, and exposure to communicable diseases (including COVID-19 risks, as further detailed above in COVID-19 Terms and Conditions). I fully understand that the Activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY OR MENTAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to myself, my property, and to other third parties and their property, which may be caused by my own actions or inactions, those of others participating in the Activities, the locations, places and/or buildings at, on or in which the Activities take place, the conditions at, on and in which the Activities take place (including equipment, ventilation and surfacing for the Activities), or the negligence or misconduct of any of the “Releasees” named below; and I fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages I or any third parties incur as a result of my participation in the Activities, including property theft. I represent that I understand the nature of the Activities. I further represent that I am participating in the Activities voluntarily, and that I am in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. I will discontinue my participation in the Activities if I believe at any time my participation poses a threat to myself or any third party. If I have any injury or condition that potentially affects my participation in the Activities, I will consult with my physician or other applicable provider regarding my participation, and follow all applicable provider instructions, which is my sole responsibility.

I, on behalf of myself and anyone who obtains any rights from or through me, hereby forever and irrevocably release and discharge NYJA®; the owners, lessors, lessees and any other individual or entity with any interest in the locations, places and/or buildings at, on or in which the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, any technology applications and platforms facilitating the Activities in any manner); any sponsors, advertisers or promoters of any of the foregoing; any of the respective parents, subsidiaries, affiliates, partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, volunteer, employee, representative or agent of any of the foregoing (each a “Releasee” herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to my participation in or attendance at the Activities; my attendance at the locations, places and/or buildings at, on or in which the Activities take place; or any first aid, treatment or any like service rendered in connection with the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY OR MENTAL INJURY, ILLNESS OR DEATH) caused or alleged to be CAUSED IN WHOLE OR IN PART BY (i) THE NEGLIGENCE OR MISCONDUCT of any Releasee or otherwise, including negligent rescue operations; (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with my participation in or attendance at the Activities, or my attendance at the locations, places and/or buildings at, on or in which the Activities take place; (iii) the voluntary disclosure of my medical information; (iii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of my name, image, likeness, voice and/or other personal attribute(s) or other personal information (collectively, my “Personal Attributes”). I further covenant and agree not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.

I agree that as further consideration for being permitted to participate in any of the Activities, I hereby grant New York Jazz Academy LLC and its designees, and their respective affiliates, licensees, permitees, successors and assigns, and each of them, an unrestricted, absolute, universal, perpetual, irrevocable, non-royalty bearing, and transferable right and license (but not any obligation) to use, copy, transmit, distribute, display, modify, perform, present, transform, create works and derivative works, and otherwise promote or utilize my Personal Attributes filmed, captured, photographed or otherwise recorded or memorialized in any manner in connection with any of the Activities, in any medium or format whether now or hereafter existing (including, without limitation, print, direct mail, online, mobile or wireless communications, radio or television broadcast, telecast or photograph), for any purpose whatsoever (including, without limitation, in connection with the creation, advertising, sale and/or promotion of any products and/or services), and without any payment, consideration or notice to or consent by me or any third party. I hereby forever and irrevocably waive any rights I may have in or to any of the foregoing, and I understand and agree that NYJA® and its designees are the exclusive owners (to the extent the materials are created by or at the direction of each such party) of any and all right, title and interest, including copyright, in and to any materials of any kind or nature containing or developed from use of my Personal Attributes.

I have read this this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, understand that I have given up substantial rights by agreeing to it and have agreed to it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. I hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, or to rescind, limit or disaffirm this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.

IF PARTICIPANT IS UNDER 18 YEARS OF AGE

If you are under 18 years of age, you represent and warrant to NYJA® that your parent or legal guardian has reviewed these Student Terms and agrees as follows:

I am the parent or legal guardian of participant; I consent to, join in and approve the foregoing Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement; I will ensure that my child honors his/her obligations hereunder; and I will indemnify and hold Releasees harmless from and against any Losses arising out of or in any way related to (i) this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement or the rights granted herein, (ii) my child’s attendance at or participation in any of the Activities, or my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place, (iii) any breach of the above representations, warranties and agreements, or (iv) any attempt to rescind, limit or disaffirm the foregoing. I hereby expressly approve of my child’s attendance at or participation in any or all of the Activities, and my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place.

ACTIVITIES ORGANIZED THROUGH YOUR ACCOUNT

Certain Activities (e.g., virtual group sessions) may be organized by you through your NYJA® account in which other individuals participate. If you are the parent or legal guardian of those individuals, you make the representations, warranties and agreements as to those individuals (including the releases, waivers and indemnifications) as to your child’s participation as set forth above in “If Participant is Under 18 Years of Age.” For all other individuals, you are responsible and liable for such individual’s participation in the Activities under these Student Terms as if such participant was you.

You are responsible for your NYJA® account(s) and any Activities conducted under your name or associated with your account.

TERMINATION

Many NYJA® Online classes are live and not recorded, and NYJA® reserves the right to cancel and reschedule classes for personnel, technical or other issues.

Upon termination of NYJA® Online by NYJA®, if a participant has an unexpired NYJA® Online class credit in the participant’s NYJA® Online account as of the effective date of termination of the program, NYJA® reserves the right (but does not have the obligation) to convert any or all such credits to NYJA® in-studio music class credits, at its discretion. Any such credits will not be transferrable and have no cash value.

THIRD PARTY PROVIDERS

Most NYJA® Online classes are currently delivered by Zoom Video Communications, Inc. (“Zoom”), which is a third party provider of the Zoom application. NYJA® is not responsible or liable for any aspect of any third party providers, including, but not limited to, the Zoom application, or the operation or use thereof. See www.zoom.us for information regarding Zoom and the Zoom application.NYJA® is not a party to any user agreement or terms and conditions between a participant and Zoom, including, without limitation, any privacy policy or terms of use, all of which are accepted by a participant. Zoom is solely responsible for all matters regarding the Zoom application, including, without limitation, application functionality, terms of service, and any claims that you may have related to the Zoom application or the operation or use thereof. NYJA® reserves the right to change technology platforms from time to time without notice, and the foregoing shall apply to such substitute technology provider and platform substituting such provider’s name.

NYJA® does not warrant uninterrupted or error-free operation of the NYJA® Online classes or any related service. NYJA® is not responsible for technical failures of any kind, including but not limited to, the malfunctioning of any computer online systems or applications, media or computer equipment, website, server provider, network, hardware or software; or the unavailability or inaccessibility of any website, application or service. NYJA® MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OF NONINFRINGEMENT, ARISING FROM COURSE OF PERFORMANCE OR DEALING, USAGE OR TRADE.

Each NYJA® Online class and other information is owned by NYJA® and subject to all copyright, trademark and other intellectual property laws, rules and regulations. Any reproduction, distribution, or public performance of all or part of any class or other information is expressly prohibited unless NYJA® has explicitly granted its prior written consent. All rights to NYJA® Online classes and other information are reserved by NYJA®.

GOVERNING LAW

These Student Terms and any disputes arising under or related to them will be governed by United States federal law and the laws of the State of New York, without reference to a state’s conflict of law principles.

LIMITATION OF LIABILITY

New York Jazz Academy LLC is not responsible for the opinions, views, or actions expressed by its teachers and staff. NYJA® shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with the NYJA® programs, benefits, Activities, these Student Terms, transactions, your NYJA® account(s) or your relationship with NYJA®, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if NYJA® or its authorized representatives have been advised of the possibility of such damages. In no event shall NYJA® have any liability for unauthorized access to, or alteration, theft or destruction of any of a participant’s NYJA® account(s) through accident, misuse, or fraudulent means or devices by participant or any third party, or as a result of any delay or mistake resulting from any circumstances beyond NYJA®’s reasonable control.

FORCE MAJEURE

NYJA® is not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill any NYJA® programs, benefits or Activities, including, without limitation, any in-person or virtual Activities, in the event NYJA®, its vendors or their respective operations are affected by any acts of god, any action, regulation, order, or request by any governmental or quasi-governmental entity, equipment failure, actual threatened terrorist acts, weather, natural phenomenon, war (declared or undeclared), fire, embargo, labor dispute or strike, labor or material shortage, transportation, interruption of any kind, civil disturbance, insurrection, riot, epidemic, pandemic, public health or safety issues or matters, or any laws, rules, regulations or orders or other action adopted or taken by any national, federal, state, provincial, or local government authority, or any other cause, whether or not specifically mentioned above.

PRECEDENCE; WAIVER; INTERPRETATION

If and to the extent that there is any conflict among or between any website, apps, website or app materials, FAQs, or other NYJA® marketing, promotion, communication or descriptive materials and these Student Terms, the language in these Student Terms will control. NYJA®’s failure to or decision not to enforce any provision in these Student Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. NYJA® reserves the right to interpret and apply these Student Terms, and all determinations by NYJA® shall be final and conclusive in each case.

CHANGES

NYJA® reserves the right to change its calendar, withdraw or modify a course, a course location address, or substitute instructors at any time. NYJA® will make every effort to notify students of major changes in the schedule.

NYJA® may change, update, terminate and replace these Student Terms; change, add, or terminate any programs, benefits and Activities, or participating locations or methods of participation; change, add or terminate any programs, benefits or Activities, or any feature of the programs, benefits and Activities; change any service providers; or change any requirements for initial or continuing eligibility; in whole or in part, at any time, and without notice or compensation, even though such actions may affect the programs, benefits and Activities or your participation in the programs, benefits or Activities.

You agree that NYJA® may provide notices, disclosures, and changes or updates to or replacements of these Student Terms, and other information relating to the programs, benefits and Activities by electronic means, including posting these materials online at https://www.nyjazzacademy.com/policies/. Consult the then-current Student Terms for terms and conditions of membership and participation. It is your responsibility to review the current Student Terms.

Your participation in any Activities or NYJA® programs indicates your acceptance of and agreement to all of these Student Terms as in effect from time to time, and any changes or updates to or replacements of these Student Terms.

EQUAL OPPORTUNITY

New York Jazz Academy® is an equal opportunity educator and welcomes diversity. NYJA® does not discriminate against qualified individuals with disabilities, nor on the basis of gender, race, color, sexuality, national or ethnic origin, or religion in the administration of its educational or admission policies, scholarships and other school-administered programs.

New York Jazz Academy® 1-Year Program Plan TERMS AND CONDITIONS

New York Jazz Academy® 1-Year Program Plan TERMS AND CONDITIONS:
The student must first request to opt-in to the New York Jazz Academy® 1-Year Program Plan, either via the initial online registration (checked box on tuition submission form), or via email (to [email protected]) or mail. The student’s first initial payment must be through the NYJA® website online registration system, and payment must be made via the NYJA® website’s credit card portal, not via the NYJA® website’s PayPal portal. The student gives permission to New York Jazz Academy® to automatically charge the student’s credit card on file every two months for 4 billing cycles (every two months, see schedule below) for the member rate of the continuing program. After the student’s four subsequent semesters are paid in full and on time, according to the schedule below, and the student also gives permission to New York Jazz Academy® to automatically charge the student’s credit card on file a sixth consecutive semester with NYJA® at an additional 50% off tuition. The student agrees to the following billing cycle schedule:

Initial Payment: student enrolls and submits first tuition payment via the NYJA® website, opting in to the 1-Year Program Plan, any time before that the 1st semester begins and when that particular semester’s registration is still open.
Auto-payment 1: NYJA® auto-charges the student’s credit card on file approximately 6 weeks before the 2nd semester begins (see exact dates below).
Auto-payment 2: NYJA® auto-charges the student’s credit card on file approximately 6 weeks before the 3rd semester begins (see exact dates below).
Auto-payment 3: NYJA® auto-charges the student’s credit card on file approximately 6 weeks before the 4th semester begins (see exact dates below).
Auto-payment 4: NYJA® auto-charges the student’s credit card on file approximately 6 weeks before the 5th semester begins (see exact dates below).
Final Auto-payment 5: NYJA® auto-charges the student’s credit card on file approximately 6 weeks before the 6th semester begins (see exact dates below).

The fixed dates for auto-charging throughout the year (every two months):
July 17 (for early fall semester)
September 17 (for late fall semester)
November 17 (for winter semester)
January 17 (for early spring semester)
March 17 (for late spring semester)
May 17 (for summer semester)

If the 17th of the month falls on a holiday or weekend, NYJA® reserves the right to charge the student’s card on the following business day.

Sample registration timeline and amount example:
Student enrolls for small ensemble for late fall semester, making an initial payment of $528 on October 10 and opting in for the 1-Year Program Plan.
Auto-payment 1 for $528: November 17 (for winter semester)
Auto-payment 2 for $528: January 17 (for early spring semester)
Auto-payment 3 for $528: March 17 (for late spring semester)
Auto-payment 4 for $528: May 17 (for summer semester)
Final Auto-payment 5 for $264: July 17 (for early fall semester)

It is the responsibility of the student to keep an active credit card on file with New York Jazz Academy®. If the student’s card is not active or fails for any reason, NYJA® will notify the student, requesting that the student updates the card information on file. A charge will be attempted again approximately 10 days later, on approximately the 30th of the month. If, at this point, the student’s card again fails for any reason, the student will be automatically dropped from the 1-year program plan, will not receive any benefits or discounts from the program, and may then choose to enroll manually in a New York Jazz Academy® program or class.

The New York Jazz Academy® 1-Year Program Plan is a service available only to students with a current and active NYJA® Annual Membership. It is the responsibility of the student to maintain a current and active membership with New York Jazz Academy®. If the student’s membership is not active when the system attempts to complete an auto-charge, the auto-charge will not be completed. NYJA® will notify the student, requesting that the student renew membership. A charge will be attempted again approximately 10 days later, on approximately the 30th of the month. If, at this point, the student’s membership is not active when the system attempts to complete the auto-charge, the auto-charge will not be completed, the student will be automatically dropped from the 1-year program plan, and the student will not receive any benefits or discounts from the program. The student may then choose to enroll manually in a New York Jazz Academy® program or class.

The student can disenroll (opt out) from the 1-Year Program Plan at any time with no penalty. The student must send a written request to disenroll, via email or mail, AND receive a receipt confirmation from NYJA®, at least 3 business days before the scheduled billing date.

PAYMENT INSTALLMENT PLAN DETAILS, TERMS AND CONDITIONS

DISCLAIMER: The New York Jazz Academy® payment installment plan is an optional service provided as a benefit to customers. There are some risks and fees involved, so please read over these terms and conditions carefully. As an alternative, you may consider registering for a program by providing payment in full and not opting for the payment installment plan at all.

New York Jazz Academy® Payment Installment Plan TERMS AND CONDITIONS:
Students agree to pay a 3% Payment Installment Plan fee and agree to pay their financial obligations for tuition and fees to New York Jazz Academy® in monthly installments. The final responsibility for those financial obligations will be the customer’s. Failure to meet such financial obligations will have serious consequences: programs and services will not be administered to the student if program tuition is not paid in full 30 days prior to the start date of all programs.
Tuition must be paid in full 30 days or more before the start date of each program, with the exception of NYJA® Jazz Intensives programs, for which tuition must be paid in full 60 days before program start date. Customers’ and students’ enrollment for any program with a rolling/variable start date (e.g. private lessons, select online classes) will not be completed until tuition for the entire program has been paid in full.

The payment installment option includes an additional service fee of 3% of the program tuition. If the customer cannot complete payments for any reason, the customer may request a withdrawal from the program on or before 30 days prior to the program start date. All withdrawal requests must be made in writing, via email (to [email protected]). A withdrawal request is not considered received until New York Jazz Academy® personnel sends the customer a confirmation acknowledging receipt of the withdrawal request. Withdrawal requests will not be accepted over the phone. All tuition paid for the program up until the date of withdrawal will then be returned to the customer, less the 3% service fee and less a $30 withdrawal fee per program. The 3% service fee and $30 withdrawal fees are non-refundable. If, 30 days before the program start date, the customer fails to make all installment payments and does not contact New York Jazz Academy to request a withdrawal from the program, all payments that have been made up until that point will be considered non-refundable, and the customers program registration will be cancelled entirely. Allow 8-10 weeks to receive a refund, which will be issued by chargeback, directly to the card(s) on file in the customer’s user account. If the chargeback fails, a check will be sent, payable to the customer (first and last name, as written in the customer’s account) and mailed to the billing address listed in the customer’s account. New York Jazz Academy uses the secure online payment system Stripe for all payment installment plans. Card details are only stored on Stripe (read more about Stripe security here). The customer may update credit card information at any time and is responsible for keeping an up-to-date and valid card on file. In the event that the customer’s card fails to accept and complete a payment, for any reason, the customer will receive a notification email and has 14 days to update credit card information. If the customer corrects the failed payment by successfully updating their credit card information within 14 days and the automatic re-billing succeeds, then the recurring billing continues until all installments are paid in full. However, If the card fails again, or if the user does not update the card within this 14 day period, and the failed payment has not been corrected, the system will mark all un-paid installments for the order as failed and stop billing for this order. The customer will be responsible for requesting a withdrawal from the program(s) listed in the order. If no request is received within the timeframe described above, all payments made up until the point of stopped billing will be considered forfeit by the customer.

NYJA® REMEDIES

NYJA® reserves the right to seek all remedies available at law and in equity for violations of any of these Student Terms, including suspending or blocking your access to your NYJA® account(s), or terminating your participation in any or all programs, benefits and Activities, and associated NYJA® Account(s).

CONCLUSION

These policies will be strictly enforced. Contact New York Jazz Academy® prior to registering if you have any questions regarding cancellation, transfer and refund policies.