Enrollment Agreement

You, either as an adult student or as parent/guardian to a minor child, have enrolled yourself or your child in a program with KD College Prep (“KDCP”, “we”, “us”, “our”). You and your child (individually and collectively referred to herein as “you”) agree that your enrollment in our program is subject to all of the following terms and conditions (the “Enrollment Agreement”).

All program techniques and materials (online and print), content, code, software, data, videos, and session transcripts, copyrights, trademark rights and other intellectual and property rights used in or related to your program are the exclusive property of KDCP. You agree not to disclose, reproduce, sell or distribute to any third party any information, written or spoken, including course materials, obtained from KDCP in connection with KDCP courses or tutoring programs. Without limiting the foregoing, you further agree not to share any KDCP password or to otherwise allow any other person to use the KDCP resources purchased by you. To the extent you need to download software or documentation to access services or materials in connection with your program, KDCP grants you a limited, non-assignable, non-transferable, revocable license to use such services and materials solely for use with your purchased program or services and only for your personal, non-commercial use. Such license will terminate when your program, plan or other service expires or otherwise terminates.

You understand that for certain KDCP programs, size is limited and, therefore, enrollment is taken on a first-come, first-served basis.

KDCP reserves the right, in its sole discretion, to change this Enrollment Agreement, in whole or in part, at any time. Changes to this Enrollment Agreement will be effective when posted. KD College Prep also reserves the right to alter the content, availability and/or frequency of any program or activity.

PROGRAMS:
The following paragraphs describe the specific activities that KDCP is agreeing to provide for students in each classroom-based program. You agree that KDCP is under no obligation to provide more activities than those listed below. You further agree that KDCP is under no obligation to carry forward (or roll-over) any unused activity from a prior academic year into a subsequent academic year. Finally, you agree that KDCP will not provide you with any materials, handouts, worksheets, or other printed materials for any activity unless the student attends the entire instructional session that corresponds to such printed materials.

9th Grade COMPLETE Program – includes one set of KDCP lessons, four workshops (two math and two verbal) per month, and up to a total of eight (8) full-length practice tests (in the style of PSAT or SAT tests) during the student’s 9th grade academic year. You will be automatically enrolled, for no additional fee, in the 10th Grade Complete Program upon completion of your 9th grade academic year.

10th Grade COMPLETE Program – includes one set of KDCP lessons, four workshops (two math and two verbal) per month, and up to a total of thirteen (13) full-length practice tests (in the style of PSAT or SAT tests) during the student’s 10th grade academic year. You will be automatically enrolled, for no additional fee, in the 11th Grade Complete Program upon completion of your 10th grade academic year.

11th Grade COMPLETE Program – includes one set of KDCP lessons, four workshops (two math and two verbal) per month, up to a total of twenty (20) full-length practice tests (in the style of PSAT or SAT tests), one set of bonus lessons for the ACT test, one bonus lesson for the Math SAT Subject Test, and up to a total of five (5) full-length practice ACT tests during the student’s 11th grade academic year. Upon completion of your 11th grade academic year, you will be eligible to receive a score evaluation where KDCP will, in its sole discretion, prescribe additional activity (workshops, practice tests, etc.) for you to prepare, for no additional fee, for test dates during your 12th grade academic year. The program will terminate upon the EARLIEST of: 1) your receipt of a test score that is satisfactory to you, 2) your expected high school graduation date as determined at the time of your enrollment by assuming you will advance one grade for every one academic year, or 3) your actual high school graduation date.

12th Grade COMPLETE Program – includes one set of KDCP lessons, four workshops (two math and two verbal) per month, up to a total of fifteen (15) full-length practice tests (in the style of SAT tests), one set of bonus lessons for the ACT test, one bonus lesson for the Math SAT Subject Test, and up to a total of five (5) full-length practice ACT tests during the student’s 12th grade academic year. The program will terminate upon the EARLIEST of: 1) your receipt of a test score that is satisfactory to you, 2) your expected high school graduation date as determined at the time of your enrollment by assuming you will advance one grade for every one academic year, or 3) your actual high school graduation date.

ADVANCED START Program for 7th or 8th Grade – includes one set of KDCP lessons, four workshops (two math and two verbal) per month, and up to a total of five full-length practice tests (in the style of SAT tests). The program will terminate upon the EARLIER of: 1) your sitting for the test as part of the Duke TIP Talent Search, or 2) February 1st in the academic year of your enrollment. NOTE: Students in this program will meet in classroom sessions that can include students from any grade level (7th – 12th grades).

PAYMENT:
You agree to pay the full and correct amount by a payment method acceptable to KDCP, for your purchases of KDCP programs and services as follows:

For checks that are returned for insufficient funds or credit cards that are declined, you agree to pay a $35 processing fee.

For our COMPLETE, ADVANCED START, or other classroom-based programs, you must at the time of enrollment 1) pay the program fee in full, or 2) agree to all terms and conditions of our installment plan. Enrollment and payment must be received before participation in your first activity at KDCP. You agree that you are enrolling in the correct program based upon your current grade level and you agree that your program will terminate immediately and without any refund if KDCP, in its sole discretion, determines that you misrepresented your grade level at the time of your enrollment. You also agree that KDCP can remove you from participation in activities at KD College Prep if you are not fully paid or if your installment plan payments are delinquent.
Installment plan terms: You agree to pay the total fee for the program installment plan for which you enroll. You further agree that you are liable for the total fee immediately upon enrollment, less any payments or deposits made by you. You understand and acknowledge that the installment plan is not a monthly subscription. You further understand and agree that all payments will accelerate and become immediately due upon 1) your failure to make timely payment for any scheduled installment, or 2) termination of your program whether instigated by you (withdrawal) or by us (dismissal). Credit card authorization or postdated check payments FOR ALL INSTALLMENTS must be received by the student’s first activity (including orientation, diagnostic testing, or lesson). The first installment will be processed immediately and subsequent installments will be processed 1) on the 10th of each successive month (if payment is made by postdated checks), or 2) on the recurring monthly date of the first installment payment (if payment is made by credit card). In the event that you wish to change your payment method, you must submit the updated payment (or payment information) to the KDCP business office at least ten (10) days prior to the next scheduled payment date.

For our INDIVIDUAL TUTORING program, you must at the time of enrollment 1) pay the non-refundable enrollment fee (waived for COMPLETE program students), and 2) agree to all of our Payment, Scheduling, Cancellation and Rescheduling terms.


Payment Terms
Payment for the Enrollment Fee is non-refundable and must be received before the Individual Tutoring coordinator can begin to develop your Individual Tutoring Plan.
For Individual Tutoring for College Admissions Tests, you must submit payment in full for the entire Tutoring Plan before we can schedule any tutoring sessions. For Individual College Essay Tutoring or for Supplemental Tutoring for College Admissions Tests, you must submit payment in full for each session before we can schedule that session.
If any instruction sessions in your Tutoring Plan are not used you may elect to use them later (they never expire); however, no refund is available unless you submit a refund request in writing at least 24 hours prior to the start of your fourth individual instruction session. In the event of a refund, we will retain $450 from the amount you paid to cover administrative and payroll costs for the first three instruction sessions; any remainder will be returned to you within 14 days of our receipt of the refund request.

Scheduling Terms
Individual instruction sessions are scheduled for 55 minutes of one-on-one instruction. Prescribed practice sessions are typically scheduled to occur immediately after instruction sessions. Timed testing sessions are scheduled according to learning benchmarks set forth in the Tutoring Plan. A timed test must be reviewed in follow-up instruction sessions before another timed testing session can be scheduled.
Individual instruction sessions are subject to teacher and room availability. When determining our teacher and room availability, we give higher priority to classroom-based activities. Because of this priority, instruction session availability might be extremely limited on weekends, holidays, days before national test dates, and other high-traffic times.

Cancellation & Rescheduling Terms
You may cancel or reschedule, at no additional cost, any individual instruction session as long as you notify us by phone or email at least 24 hours before your scheduled session. In the event that you need to reschedule an individual instruction session that is less than 24 hours away, you must submit payment of a $50 rebooking fee before we can reschedule that session. If you choose instead to cancel your session without rescheduling, you will forfeit that session from your plan or, in the case of single prepaid sessions, the entire amount prepaid for that session.

REFUNDS:
COMPLETE, ADVANCED START, or other classroom-based program: A refund may be obtained if you decide to withdraw from a pre-paid, COMPLETE, ADVANCED START, or other classroom-based program prior to the conclusion of the initial set of scheduled lessons. The refunded amount (or amount due) will equal the total amount paid, less any installment plan fees, less any referral bonus paid because of your registration, less prorated amounts for each scheduled lesson conducted and other instructional activity attended, and less a $50 nonrefundable administrative fee (see formula below).

To be eligible for any refund, a written withdrawal notice must be received by our office prior to the final session of the student’s originally scheduled lessons, and all materials provided must be returned to KDCP. No refund is available for a student whose initial set of scheduled lessons have concluded, regardless of whether the student actually attended any lesson. In the event of the closing of a KDCP campus, no refund will be available if: 1) an existing campus is open and operating within 15 miles of the campus that closes; or 2) a new campus is open and operating within 45 days and 15 miles of the campus that closes.

To calculate the prorated refund amount, KDCP will employ the following formula,

Amt pd – installment fees – referral bonus pd – [($92 * L) + ($32 * A)] – $50
= Refund Amt (or amt due)

where L is equal to the number of scheduled lessons that have met (regardless of whether or not you attended the lesson), and where A is equal to the number of hours of other instructional activities (workshops, test reviews, etc.) that you attended or scheduled to attend. When determining the value for L, KDCP will use the earliest start date among the class schedules for which you registered (if you registered for multiple class schedules or changed your class schedule). If you meet on a special schedule, KDCP will determine the value for L by totaling the number of scheduled lessons that were calendared and provided to you (regardless of whether or not you attended the lesson).

To the extent that the Refund Amount is positive, KDCP agrees to refund that amount to you. To the extent that the Refund Amount is negative, you agree to immediately pay that amount to KDCP.


Exception for student who moves out of KD service area: A limited exception to the refund policy may be available for any student who moves from within the KD service area to a point that is outside of the KD service area. The “KD service area” is defined as any point within a 50-mile radius centered about any of the KD College Prep campuses. This refund policy exception is not available to a student who lived outside of the KD service area when initially registering for classes. The refunded amount will equal the total amount paid, less any service or installment fees, less a prorated amount based upon the number of sets of lessons that the student has registered for or actually attended (whichever is greater), and less a $50 administration fee. The prorated amount IS NOT based upon the number of years that the student has attended, or the number of years until the student’s graduation. To qualify for the exception, a withdrawal notice must be received in writing by our office prior to the final session of the student’s 11th grade set of scheduled classes, and the student must provide proof of the new address (via a utility bill in the parent’s or guardian’s name) as well as proof of the student’s enrollment in a new school that is also outside of the KD service area. Any refunded amount will not include classes missed prior to receipt of the withdrawal notice. No refund is available for students whose 11th grade set of scheduled classes have concluded. Should technological advances make it possible for KD College Prep to offer substantially similar services via an online learning environment, KD College Prep may, at its sole election, choose to offer an online learning environment in lieu of a refund to any student who qualifies under this refund policy exception.


Refunds will be issued in the form and manner chosen by KDCP. This means that we reserve the right to refund a credit card or mail a check as circumstances dictate. It also means that we use our judgment when determining to whom the refund will be issued. (Our default rule is we will refund to the student.)

COLLEGE COUNSELING PROGRAMS:
General Terms
You may pay by cash, check, or credit card (Mastercard, Visa, AmEx, Discover). Checks returned for insufficient funds may be charged a $35 processing fee.

Due to limited availability, KD College Prep cannot reserve a spot for any college counseling program or session until you provide registration and payment in full. For all college counseling programs, we reserve the right to dismiss without refund any client who is disruptive or destructive.

You acknowledge that KD College Prep, its partners, principals, employees and counselors have not made any guarantees or representations that the student will gain admission or scholarships to any particular university, college, or program.

PINNACLE and SELECT Program Terms
PINNACLE and SELECT sessions are scheduled and billed in one-hour increments. Sessions will occur via an online collaboration environment, like Skype for Business. By registering and paying for any PINNACLE or SELECT program, you agree that you will provide your own computer and internet access. PINNACLE or SELECT program fees must be prepaid before any session will be scheduled.

You may cancel or reschedule, at no additional cost, any session as long as you notify us by phone or email at least 24 hours before your scheduled session. In the event that you need to reschedule a session that is less than 24 hours away, you will forfeit 30 minutes from your PINNACLE program plan or SELECT session.

In the event that a refund is sought for any grade-based PINNACLE program, the refund amount will be calculated using the following formula:
Refund amount = amount paid – (# of sessions attended/charged to student) * (SELECT program hourly rate at the time of refund)

APPLY NOW! Boot Camp Terms
Payment for APPLY NOW! Boot Camps is non-refundable and is required to reserve your spot. A laptop computer (with power supply) and flash drive are required for participation in APPLY NOW! Boot Camps. These sessions are student-only events—parent attendance is not permitted. Students must attend all four meetings of the specific boot camp session they choose – makeup meetings are not available. Students are not allowed to “mix and match” meetings from different boot camp sessions.

By registering and paying for any APPLY NOW! Boot Camp, you agree that you will provide your own laptop computer and flash drive. By registering and paying for an APPLY NOW! Boot Camp, you acknowledge that the student will be working in a fast-paced setting, that he or she will need to attend every session of the boot camp and stay for the entire time, and that he or she will need to complete additional, independent work during and after the Boot Camp in order to finalize applications, resumes, and essays.

Individual College Essay Tutoring Terms
Individual college essay tutoring sessions are scheduled and billed in one-hour increments. Fees must be prepaid before any session will be scheduled. You may cancel or reschedule, at no additional cost, any session as long as you notify us by phone or email at least 24 hours before your scheduled session. These sessions are student-only events—parent attendance is not permitted. In the event that you need to reschedule a session that is less than 24 hours away, you will forfeit 30 minutes of your prepaid session.

PROHIBITED CONDUCT; DISMISSAL FROM PROGRAM OR ONLINE ACCESS:
You agree that you will treat KDCP staff, facilities, students and property with respect and not use obscenities, make threats or discuss matters other than those related to the subject in which you are being helped in your KDCP program. KDCP may dismiss you from a KDCP program or cancel your services, including online access to our services if you:

• have not paid in full or abided by the installment plan terms by the first scheduled session, or
• have an installment plan account that is more than 45 days delinquent, or
• in KDCP’s opinion, are disruptive or destructive, or
• do not comply with these Student Enrollment Agreement Terms and Conditions, or other rules and procedures applicable to our services being provided to you.

KDCP will not refund any amounts or provide any credit where a student is dismissed from a program or their services are cancelled as set forth above.

LOST MATERIALS:
If you lose your program materials, you may purchase replacements for certain items during the course of your program. Replacement material fees are available by contacting the KDCP business office.

RECORDED AND USER CONTENT:
You agree that we may record (whether audio or video or both) and/or photograph all or any part of any of our programs, including without limitation classroom-based sessions, individual tutoring sessions, and video/voice/text chat communications. We reserve the right to use the recorded sessions for any purpose allowed by our Privacy Policy. You agree that we own all transcripts of tutoring and classroom sessions and all comments you may provide us through our services.

Any materials, information, communications, testimonials, ideas, or other content or materials or that you upload, communicate or otherwise transmit or post to us by any means (including, for example and without limitation, that which you send to us via e-mail) (“User Content”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy Policy. By submitting or sending User Content to us, you: (i) represent and warrant that the User Content is original to you, that no other party has any rights thereto, and that any “moral rights” in User Content have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to display, use, reproduce, incorporate, modify, create derivative works from and distribute such material (in whole or part). We are not responsible for maintaining any User Content that you provide to us and we may delete or destroy any such User Content at any time.

DISCLAIMER; LIMITATION OF LIABILITY:
KDCP will not be liable to you or to any other person for any indirect, consequential, punitive or special damages, of any character, whether in an action in contract, tort or otherwise, arising out of or in connection with your KDCP program, even if KDCP has been advised of the possibility of such damages. KDCP disclaims all warranties and conditions, express, implied, statutory or otherwise, including, but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose. KDCP’s total aggregate liability arising from or related to your KDCP program will not exceed the amount you paid for your program.

GOVERNING LAW:
This Enrollment Agreement and any claim or dispute arising out of, relating to or in connection with this Agreement or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to its conflicts of law principles. The exclusive means of resolving any such claim or dispute shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against KDCP in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against KDCP any class action, class arbitration, or other representative action or proceeding.

Acceptance of These Enrollment Terms and Conditions:
Please indicate your acceptance of these terms and conditions by signing the box on the Registration Form (or the signature block below) or clicking the agreement box during the online registration process. I understand that by my signature or by submitting my online registration, I acknowledge that I have read and that I agree to the above enrollment terms and conditions. Note that you must be 18 years of age or older to accept these terms and conditions. If you are less than 18 years of age, you must have a parent or guardian accept on your behalf. Signing the Registration Form or submitting the online registration is a representation from you that you are at least 18 years of age.

Updated: October 31, 2018