Common use of Arbitration Policy Clause in Contracts

Arbitration Policy. You and The Art Institute agree that any dispute or claim between you and The Art Institute (or any company affiliated with The Art Institute, or any of its officers, directors, trustees, employees or agents) arising out of or relating to this Enrollment Agreement or, absent such agreement, your enrollment or attendance at The Art Institute, whether such dispute arises before, during, or after your attendance and whether the dispute is based on contract, tort, statute, or otherwise, shall be, at your or The Art Institute’s election, submitted to and resolved by individual binding arbitration pursuant to the terms described herein. If you decide to initiate arbitration, you may select either JAMS or the National Arbitration Forum (“NAF”) to serve as the arbitration administrator pursuant to its rules of procedure. If The Art Institute intends to initiate arbitration, it will notify you in writing by regular mail at your latest address on file with the college, and you will have 20 days from the date of the letter to select one of these organizations as the administrator. If you fail to select an administrator within that 20-day period, The Art Institute will select one. The Art Institute agrees that it will not elect to arbitrate any individual claim of less than $5,000 that you bring in small claims court (or in a similar court of limited jurisdiction subject to expedited procedures). If that claim is transferred or appealed to a different court, however, or if your claim exceeds $5,000, The Art Institute reserves the right to elect arbitration and, if it does so, you agree that the matter will be resolved by binding arbitration pursuant to the terms of this Section. If either you or The Art Institute chooses arbitration, neither party will have the right to a jury trial, to engage in discovery, except as provided in the applicable arbitration rules, or otherwise to litigate the dispute or claim in any court (other than in small claims or similar court, as set forth in the preceding paragraph, or in an action to enforce the arbitrator’s award). Further, you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration. The arbitrator’s decision will be final and binding. Other rights that you or The Art Institute would have in court also may not be available in arbitration. The arbitrator shall have no authority to arbitrate claims on a class action basis, and claims brought by or against you may not be joined or consolidated with claims brought by or against any other person. Any arbitration hearing shall take place in the federal judicial district in which you reside. Upon your written request, The Art Institute will pay the filing fees charged by the arbitration administrator, up to a maximum of $3,500 per claim. Each party will bear the expense of its own attorneys, experts and witnesses, regardless of which party prevails, unless applicable law or this Agreement gives a right to recover any of those fees from the other party. If the arbitrator determines that any claim or defense is frivolous or wrongfully intended to oppress the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party (including arbitration administration fees, arbitrators’ fees, and attorney, expert and witness fees), to the extent such fees and expenses could be imposed under Rule 11 of the Federal Rules of Civil Procedure. The Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1, et seq., shall govern this arbitration provision. This arbitration provision shall survive the termination of your relationship with The Art Institute. If you have a question about the arbitration administrators mentioned above, you can contact them as follows: JAMS, ▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇, ▇▇▇▇▇, ▇▇▇.▇▇▇▇▇▇▇.▇▇▇, 1.800.352.5267; National Arbitration Forum, P.O. Box 50191, Minneapolis, MN, 55405, www.arb- ▇▇▇▇▇.▇▇▇, 1.800.474.2371. The above supersedes any inconsistent arbitration provision published in any other document. The Art Institute of Charleston is a branch campus of The Art Institute of Atlanta. The Art Institute of Atlanta is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to award associate and baccalaureate degrees. Contact the Commission on Colleges at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ or call ▇▇▇.▇▇▇.▇▇▇▇ for questions about the accreditation of The Art Institute of Atlanta. The Art Institute of Charleston is licensed by the South Carolina Commission on Higher Education , ▇▇▇▇ ▇▇▇▇ ▇▇. ▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇; ▇.▇▇▇.▇▇▇.▇▇▇▇. Licensure indicates only that minimum standards have been met; it is not equal to or synonymous with accreditation by an accrediting agency recognized by the U.S. Department of Education. However, the fact that a school is licensed and accredited is not necessarily an indication that credits earned at that school will be accepted by another school. In the U.S. higher education system, transferability of credit is determined by the receiving institution, taking into account such factors as course content, grades, accreditation and licensing. The goal of The Art Institute is to prepare students for careers in design, media arts, culinary arts, and management in entry- level employment in you chosen field of study. The value of degree programs like those offered by The Art Institute is their deliberate focus on marketable skills. The credits earned are not intended as a stepping stone for transfer to another institution. For this reason, it is unlikely that the academic credits you earn at The Art Institute will transfer to another school. Programs offered by one school within The Art Institutes system may be similar to but not identical to programs offered at another school within the system. This is due to differences imposed by state law, use of different instructional models, and local employer needs. Therefore, if you decide to transfer to another school within The Art Institutes system, not all of the credits you earn at The Art Institute may be transferable into that school’s program. If you are considering transferring to either another Art Institutes schools or an unaffiliated school, it is your responsibility to determine whether that school will accept your Art Institute credits. We encourage you to make this determination as early as possible. The Art Institute does not imply, promise, or guarantee transferability of its credits to any other institution. According to regulation published by the Department of Education based on the Student-Right-to-Know Act, the graduation/completion rate for first-time, full-time students who entered school and graduated/completed within a 150% of the normal time to complete the program must be made available to current and prospective students. You may obtain this information in the admissions office. According to regulations published by the Department of Education the retention rate of certificate or degree seeking first-time, undergraduate students must be made available to all enrolled students and prospective students. Each institution must also make available to current and prospective students information about student body diversity, including the percentage of enrolled, full-time students in the following categories: Male; Female; Self-Identified members of a major, racial or ethnic group; and Federal Pell Grant recipients. This information is updated annually and may be obtain from the admissions office.

Appears in 1 contract

Sources: Application for Admission and Enrollment Agreement

Arbitration Policy. You Every student and The Art Institute agree of Washington agrees that any dispute or claim between you the student and The Art Institute of Washington (or any company affiliated with The Art InstituteInstitute of Washington, or any of its officers, directors, trustees, employees or agents) arising out of or relating to this Enrollment Agreement or, absent such agreement, your a student’s enrollment or attendance at The Art Institute, Institute of Washington whether such dispute arises before, during, or after your the student’s attendance and whether the dispute is based on contract, tort, statute, or otherwise, shall be, at your the student’s or The Art InstituteInstitute of Washington’s election, submitted to and resolved by individual binding arbitration pursuant to the terms described herein. This policy, however, is not intended to modify a student’s right, if any, to file a grievance with any state educational licensing agency. Either party may elect to pursue arbitration upon written notice to the other party. Such notice must describe the nature of the controversy and the remedy sought. If you decide a party elects to initiate pursue arbitration, you may select either JAMS or the National Arbitration Forum (“NAF”) to it should initiate such proceedings with JAMS, which will serve as the arbitration administrator pursuant to its rules of procedure. JAMS can be contacted as follows: JAMS, ▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇, ▇▇▇▇▇, www. ▇▇▇▇▇▇▇.▇▇▇, ▇▇▇-▇▇▇-▇▇▇▇. This provision does not preclude the parties from mutually agreeing to an alternate arbitration forum or administrator in a particular circumstance. If The Art Institute intends either party wishes to initiate arbitrationpropose such an alternate forum or administrator, it will notify you in writing by regular mail at your latest address on file with the college, and you will have 20 should do so within twenty (20) days from the date of its receipt of the letter other party’s intent to select one of these organizations as the administrator. If you fail to select an administrator within that 20-day period, The Art Institute will select onearbitrate. The Art Institute of Washington agrees that it will not elect to arbitrate any individual undividable claim of less than $5,000 the relevant jurisdictional threshold that you a student may bring in small claims court (or in a similar court of limited jurisdiction subject to expedited procedures). If that claim is transferred or appealed to a different court, however, or if your a student’s claim exceeds $5,000, the relevant jurisdictional threshold The Art Institute of Washington reserves the right to elect arbitration and, if it does so, you agree each student agrees that the matter will be resolved by binding arbitration pursuant to the terms of this Section. If either you or The Art Institute chooses arbitrationIF EITHER A STUDENT OR THE ART INSTITUTE OF WASHINGTON CHOOSES ARBITRATION, neither party will have the right to a jury trialNEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL, to engage in discoveryTO ENGAGE IN DISCOVERY, except as provided in the applicable arbitration rulesEXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES, or otherwise to litigate the dispute or claim in any court OR OTHERWISE TO LITIGATE THE DISPUTE OR CLAIM IN ANY COURT (other than in small claims or similar courtOTHER THAN IN SMALL CLAIMS OR SIMILAR COURT, as set forth in the preceding paragraphAS SET FORTH IN THE PRECEDING PARAGRAPH, or in an action to enforce the arbitrator’s awardOR IN AN ACTION TO ENFORCE THE ARBITRATOR’S AWARD). FurtherFURTHER, you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitrationA STUDENT WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. The arbitrator’s decision will be final and bindingTHE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. Other rights that you or The Art Institute would have in court also may not be available in arbitrationOTHER RIGHTS THAT A STUDENT OR THE ART INSTITUTE OF WASHINGTON WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. The arbitrator shall have no authority to arbitrate claims on a class action basis, and claims brought by or against you a student may not be joined or consolidated with claims brought by or against any other person. Any arbitration hearing shall take place in the federal judicial district in which you residethe student resides. Upon your a student’s written request, The Art Institute of Washington will pay the filing fees charged by the arbitration administrator, up to a maximum of $3,500 per claim. Each party will bear the expense of its own attorneys, experts and witnesses, regardless of which party prevails, unless applicable law or this Agreement gives a right to recover any of those fees from the other party. If the arbitrator determines that any claim or defense is frivolous or wrongfully intended to oppress the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party (including arbitration administration fees, arbitrators’ fees, and attorney, expert and witness fees), to the extent such fees and expenses could be imposed under Rule 11 of the Federal Rules of Civil Procedure. The Federal Arbitration Act (FAA), 9 U.S.C. §§ 1, et seq., shall govern this arbitration provision. This arbitration provision shall survive the termination of your a student’s relationship with The Art Institute. If you have a question about the arbitration administrators mentioned above, you can contact them as follows: JAMS, ▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇, ▇▇▇▇▇, ▇▇▇.▇▇▇▇▇▇▇.▇▇▇, 1.800.352.5267; National Arbitration Forum, P.O. Box 50191, Minneapolis, MN, 55405, www.arb- ▇▇▇▇▇.▇▇▇, 1.800.474.2371. The above supersedes any inconsistent arbitration provision published in any other document. The Art Institute of Charleston is a branch campus of The Art Institute of Atlanta. The Art Institute of Atlanta is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to award associate and baccalaureate degrees. Contact the Commission on Colleges at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ or call ▇▇▇Washington.▇▇▇.▇▇▇▇ for questions about the accreditation of The Art Institute of Atlanta. The Art Institute of Charleston is licensed by the South Carolina Commission on Higher Education , ▇▇▇▇ ▇▇▇▇ ▇▇. ▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇; ▇.▇▇▇.▇▇▇.▇▇▇▇. Licensure indicates only that minimum standards have been met; it is not equal to or synonymous with accreditation by an accrediting agency recognized by the U.S. Department of Education. However, the fact that a school is licensed and accredited is not necessarily an indication that credits earned at that school will be accepted by another school. In the U.S. higher education system, transferability of credit is determined by the receiving institution, taking into account such factors as course content, grades, accreditation and licensing. The goal of The Art Institute is to prepare students for careers in design, media arts, culinary arts, and management in entry- level employment in you chosen field of study. The value of degree programs like those offered by The Art Institute is their deliberate focus on marketable skills. The credits earned are not intended as a stepping stone for transfer to another institution. For this reason, it is unlikely that the academic credits you earn at The Art Institute will transfer to another school. Programs offered by one school within The Art Institutes system may be similar to but not identical to programs offered at another school within the system. This is due to differences imposed by state law, use of different instructional models, and local employer needs. Therefore, if you decide to transfer to another school within The Art Institutes system, not all of the credits you earn at The Art Institute may be transferable into that school’s program. If you are considering transferring to either another Art Institutes schools or an unaffiliated school, it is your responsibility to determine whether that school will accept your Art Institute credits. We encourage you to make this determination as early as possible. The Art Institute does not imply, promise, or guarantee transferability of its credits to any other institution. According to regulation published by the Department of Education based on the Student-Right-to-Know Act, the graduation/completion rate for first-time, full-time students who entered school and graduated/completed within a 150% of the normal time to complete the program must be made available to current and prospective students. You may obtain this information in the admissions office. According to regulations published by the Department of Education the retention rate of certificate or degree seeking first-time, undergraduate students must be made available to all enrolled students and prospective students. Each institution must also make available to current and prospective students information about student body diversity, including the percentage of enrolled, full-time students in the following categories: Male; Female; Self-Identified members of a major, racial or ethnic group; and Federal Pell Grant recipients. This information is updated annually and may be obtain from the admissions office.

Appears in 1 contract

Sources: Enrollment Agreement