Terms & Conditions
I. The Parties
These terms and conditions apply between “the School” (i.e. the program director, faculty, staff, and visiting faculty of STUDIO ESCALIER cultural education, SIRET: 489 918 797 00023; and/or (where applicable) the shareholders, owners, or other delegated representatives of STUDIO ESCALIER SCI, short-term furnished lodging, SIRET: 880 475 447 00012. Siege social: 21 rue Porte Viresche, 79150 Argentonnay, France. Immatriculation RCS: 880 475 447 R.C.S Niort, France ) and “the Student” (i.e. any person who subscribes via this website or via any other available communication channel provided by the School in order to attend one or more courses or programs offered by the School).
The School may change these terms from time to time. Changes, if made, will apply to any subsequent transactions with the School.
These terms will be governed by and be construed in accordance with French law.
Please read these terms carefully before submitting any course application and/or before proceeding with any payment. Submitting a course application and/or paying a course tuition fee indicates that you accept these terms.
II. Programs and courses offered
The schedule and full description of courses and programs (“the Courses”) offered by the School, along with their prices and tuition payment dates are listed on the School’s website: https://studioescalier.com/course-schedule/.
Application and admission process are described in detail on School’s website: https://studioescalier.com/admissions/
The Contract is concluded between the School and the Student on the date the Student confirms participation in the Course, after receiving the School’s notification that their application filed is accepted.
III. School facilities
Where applicable, the School provides to the Students safe, clean and adequately furnished studio facilities for drawing and/or painting from the human figure.
The School does not provide materials or supplies that each Student must have in order to successfully attend the Courses. See list available on our website: https://studioescalier.com/student-life/materials-and-supplies/.
The Student will be liable for any loss or damage caused to all facilities, materials and supplies provided by the School unless such loss or damage is directly due to the School or unless the School has been reimbursed by a third party or their insurers.
IV. Student housing
All Courses held in Argenton-Château (79150 Argentonnay, France): the relevant Fees of the Courses include accommodation (“the Accommodation”) offered or assigned by the School. Details regarding available housing arrangements are available in our website: https://studioescalier.com/student-life/lodging/.
A separate Lease Agreement will outline the terms and conditions of such Accommodation, to be agreed to at the time of housing assignment. The use of any Accommodation shared with other Students must comply with Lease Terms and Conditions. A template of that Lease Agreement and its Terms and Conditions is available on our website: https://studioescalier.com/student-life/lodging/.
The Students are obliged to return the Accommodation (including all personal belongings or other property in the Accommodation) in the condition in which they found it on arrival. They are responsible for their own actions and omissions and those of any person whom they invite into the Accommodation, or to whom they give access to the Accommodation.
All Courses held in Paris or elsewhere (75018 Paris, France): the School does not own, administrate, lease or assign housing for Students enrolled in Paris programs. Helpful information regarding convenient housing arrangements in Paris is available on request. You may also visit this dedicated page: https://studioescalier.com/drawing-programs-in-paris/
In any case, the School does not provide housing services in Paris, and does not accept any liability for student accommodation in Paris.
The School does not provide any travel or transport services. Helpful information regarding travel and transport arrangements is available upon request. You may also visit these dedicated pages on our website: https://studioescalier.com/admissions/travel-to-france/ https://studioescalier.com/student-life/public-transport/.
V-I. Acknowledged risk to health and well-being
a) The Student acknowledges the inherent risks involved in participation in this studio art Course, as well as in their travel and transport to the program and during it. These include an ordinary risk of physical sickness and injury, but also the potential for allergic reaction, psychological stress, visual or respiratory strain due to drawing and painting up to 30 hrs/ week in an art studio environment. The Student is participating voluntarily and agrees that these risks are understood and acceptable.
b) The Student must attest at time of their application not to have any undisclosed allergy, psychological concern or physical health condition that could increase the likelihood of loss, damage, sickness or injury while engaging in this program, or affect their ability to attend the program and successfully complete it.
c) From the date of the conclusion of the Contract, as specified in paragraph II above, all Students are obliged to report to the School staff any emergent symptoms, suspected infectious illness of any kind, allergy or other medical condition as soon as they become aware of them, not only for their own safety, but also in order to ensure the safety of fellow Students and the School’s staff, and in order to allow the School to take all necessary measures to prevent or control predictable risks.
d) Students who present symptoms of any infectious illness may be prohibited from attending the Courses depending on current health regulations and the following criteria: their general condition, the therapeutic care and monitoring they require, and the risks of contagion or disturbance in relation to other Students. In such event, the School assumes no liability, but reserves the right to request professional medical assessment of the Student’s current state of health, and the right to limit or prohibit their access and use of publicly accessible School property.
V-II. COVID-19 Vaccination & Public Safety Policy
a) As a matter of public safety regulation, the School may be unable to offer enrollment to Students who are less than completely vaccinated for COVID-19 at the time of their tuition payment, regardless of the reason or cause.
b) In accordance with applicable law, the School can require the Student to attest at the time of their application that they are currently in accordance with French law regarding vaccination against COVID 19, with a vaccine and vaccination dosage approved by the European Medical Agency. (As of this writing, EMA approved vaccines are: BioNTech/Pfizer, Moderna, AstraZeneca, and Johnson & Johnson/ Janssen Pharmaceuticals.)
False declaration or falsification of vaccination status may result in cancellation of the Student’s enrollment without refund, credit, or other compensation.
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c) Vaccination status may be separately subject to control by US and/or French border authorities upon entry to the country, and may thereafter be controlled in any public space by the National Police.
Vaccination status may thereafter be controlled in any public space by business owners and/or their personnel, by relevant French health authorities, or by the French National Police. (23 September 2021).
False declaration of vaccination status will prevent successful air or rail travel to France, or inside France.
e) Note for all Paris Courses: COVID 19 vaccination may be required for Student to enter and study in the Musée du Louvre, as well as enter other public spaces and use public transport in France (museums, galleries, monuments, cafés, bars, restaurants, commercial centers, trains, buses, concerts, etc.).
Note for all Argenton-Chateau Courses: COVID 19 vaccination may be required by law to use publicly accessible spaces and in shared short-term accommodation as offered by the School in Argentonnay, France.
VI. Course policies, house rules, health & safety precautions, late additions to policy
From the time of making their application to enroll in any Courses offered by the Studio Escalier program, the prospective Student is responsible to understand and agrees to be bound by all policies contained in the online course application: payment, refund, health, attendance, and any others included in their application form.
In good faith, the Student will make every effort to obey all studio rules, house rules, health & safety precautions or other instructions given in writing or explained verbally by the School or its representatives during the Course. The Student will ask for clarification when needed.
The paid and enrolled Student further understands and agrees that written, e-mailed or verbal additions to policy may be made later by the School, and will only take force subject to Student’s signed agreement.
VII. Staff substitution and replacement
Faculty - The School reserves the right to temporarily substitute or replace its faculty and staff as needed and deemed appropriate. Location of the Courses and relevant facilities, materials and supplies may also change, at the School’s discretion, as long as such change allows to offer similar quality of Courses and relevant services and does not require additional costs and expenses for the Students. In this eventuality, no tuition credit, discount or refund will be offered to Students – partial or whole.
Models ¬- The School reserves the right to temporarily substitute or replace any figure model as needed, in cases of medical emergency, accident or illness. Figure models may also be permanently replaced at the School’s discretion, as long as such change allows to offer similar quality of Courses and relevant services and does not require additional costs and expenses for the Students. In this eventuality, no tuition credit, discount or refund will be offered to students – partial or whole.
VIII. Application deadlines, payment policies and right of withdrawal, cancellation policies
1. A Priority Application Deadline will normally be set for each Course a minimum of 120 days before the first day of its schedule.
Student shall be informed of an admissions decision no later than 5 days after the priority application deadline.
Student has 48 hours to reply with their own decision to confirm or decline admission.
A tuition payment deadline shall be set within 15 days of the date Student confirms School’s notification that their application file is accepted.
2. In accordance with applicable French law, Student shall then have a period of 14 days to withdraw from the Contract and demand a full refund, without giving any reason, and without incurring any costs.
The 14 days period shall start from the date of the conclusion of the Contract as specified in paragraph II above.
Before the expiry of the withdrawal period, the Student shall inform the School of their decision to withdraw from the Contract. For this purpose, the Student may make any unequivocal written and dated statement setting out such decision to withdraw from the Contract, delivered in a timely manner.
The burden of proof of exercising the right of withdrawal in accordance with this clause shall be on the Student.
3. The School shall reimburse all payments received from the Student within this 14-day withdrawal period, without undue delay and in any event not later than 14 days from the day on which the School is informed of the Student’s decision to withdraw from the Contract in accordance with this clause.
Reimbursement will be carried out using the same means of payment as the Student used for the initial transaction, unless the Student has expressly agreed otherwise and provided that the Student does not incur any fees as a result of such reimbursement.
After the 14-day withdrawal period, no Student request for refund shall be honored for any reason.
4. Notwithstanding the provisions of paragraph 1 above, tuition payments are entirely NON-TRANSFERABLE upon payment, cannot be credited or transferred to other Courses or Students for any reason.
After the 14-day withdrawal period, paid tuition is 100% NON-REFUNDABLE, and NON-TRANSFERABLE i.e. tuition payment cannot be transferred or credited to other Students or Courses, except:
a) In the event of insufficient enrollment, unexpected interruption, postponement, suspension, or cancellation, tuition voucher credit or refunds may be offered by the School under strict conditions. In such event, see sections 5 & 6 below.
b) In the event of any Course interruption due to force majeure, see paragraph X: “Force majeure” situation.
5. If any seats remain unfilled after the priority application deadline, later application deadlines will be set as needed to enroll remaining available seats.
Any Student application accepted within 90 days of the start date of the Course will be given a 5-day time limit to pay tuition and enroll. By applicable French law, the Student retains a 14-day right of withdrawal, but afterwards have no refund option, and paid tuition is entirely NON-REFUNDABLE, and NON-TRANSFERABLE, as above.
6. If a Course is cancelled before the first day of class due to insufficient enrollment, a 100% cash refund shall be made within 60 days of the School’s decision to cancel. The School accepts no liability for other Student costs or losses arising from such outcome.
7. If a sufficiently enrolled Course is interrupted, postponed, suspended or nullified during its schedule, and such action is solely the result of the School’s free and unimpeded choice, no cash refunds shall be made.
The School will instead issue a pro-rated tuition credit voucher equal in value to the number of course days lost by enrolled Students, up to 100% of the original tuition price paid only in the event of 100% cancellation. The School accepts no liability for other Student costs or losses arising from such unimpeded decision.
8. Tuition credit voucher shall be redeemable for other Studio Escalier Courses for a period of 36 months.
Unused credit shall be reimbursed in cash at the end of 36 months, and not before.
9. Voucher may alternatively be redeemed entirely for cash 18 months after its date of issue, but not before. Redemption for cash at the 18-month mark must be requested by Student in writing at least 6 months before the desired date of cash reimbursement.
10. In the event of any Course interruption or prevention due to force majeure, different policies apply. See paragraph X: “Force Majeure” situation.
IX. Liability and disclaimer
The School undertakes to use its best efforts in a timely and state-of-the-art manner, to provide the Courses and all relevant services as described in each Contract concluded upon acceptance of the Student’s course application and in accordance with the present Terms and Conditions.
IN NO EVENT SHALL THE SCHOOL BE LIABLE FOR ANY CONTRACTUAL BREACH, ANY LOSS, DAMAGE, THEFT, ACCIDENT, SICKNESS, OR INJURY OR, MORE GENERALLY ANY “EVENT” THAT MAY OCCUR DURING ATTENDANCE OF THE COURSES, OR DURING TRAVEL OR TRANSPORT OR OTHER ACTIVITIES DURING THE PERIOD OF THE COURSES, TO THE EXTENT THAT SUCH EVENT IS ATTRIBUTABLE EITHER TO THE STUDENT OR TO THE UNFORESEEABLE AND UNAVOIDABLE ACT OF A THIRD PARTY TO THE CONTRACT OR TO A “FORCE MAJEURE” SITUATION, AS FURTHER DETAILED IN PARAGRAPH X BELOW.
THIS DISCLAIMER IS NOT INTENDED TO LIMIT THE SCHOOL’S LIABILITY IN CONTRAVENTION OF ANY REQUIREMENTS LAID DOWN IN APPLICABLE IMPERATIVE NATIONAL LAW NOR TO EXCLUDE ITS LIABILITY FOR MATTERS WHICH MAY NOT BE EXCLUDED UNDER THOSE LAWS.
X. Force Majeure situation
X-I. Definition
Force majeure situation overrides all contractual features and policies otherwise agreed to and in effect, expressly or impliedly, between the School and the Student, as follows:
a) A Force Majeure Event occurs when any event beyond the control of a Party, which could not reasonably have been foreseen at the time of the conclusion of the Contract, and the effects of which cannot be resisted or avoided by appropriate measures, prevents delivery of the art course and/or performance of any related obligation. (Cf. Article 1218 of the French Civil Code).
b) In the absence of superseding emergency measure or government ordinance to the contrary, if the duration of the impediment caused by the force majeure lasts less than 30% of the Course's scheduled daily length, it is considered temporary.
c) In the absence of superseding emergency measure or government ordinance to the contrary, if the duration of the impediment caused by force majeure lasts more than 30% of the Course's scheduled daily length, course suspension is permanent.
X-II. Rights of application and liability
a) In response to any impediment caused by a Force Majeure Event, each Party reserves the right to suspend its commitments arising out of the existing Contract and all related obligations during the dates originally promised, either temporarily or permanently.
b) In such Event(s), no Party can be held financially liable for the other Party’s losses associated with travel, transport, housing, lost time or wages, or any other costs relating to the lack of delivery of or attendance to the Courses, or to their interruption.
X-III. Course postponement, nullification/termination by force majeure
a) In the case of temporary suspension due to Force Majeure Event(s) as defined in paragraph X-I, the affected course Contract will be considered postponed by a force majeure situation.
i. In such Event, the delivery of the Course and/or performance of related obligation will be temporarily postponed and resume its original schedule as soon as temporary force majeure conditions permit, unless the foreseeable outcome of the Event(s) otherwise justifies nullification and termination of the Contract.
ii. In the event of temporary interruption and postponement due to force majeure, no partial credit or refunds shall be offered.
b) In the event of permanent course prevention or suspension due to Force Majeure Event(s), the affected course Contract will be considered nullified and terminated by a force majeure situation.
i. In such Event, the Course Contract is nullified and terminated by operation of law and all Parties are discharged from their obligations under the conditions provided for by law.
ii. In the event of course nullification and termination, no cash refunds will be immediately available.
iii. Within 60 days of nullification and termination of the Contract, the School will issue to all Students a tuition credit voucher equal to the affected portion of their paid course tuition, valid for 36 months.
iv. Each Student will have the option to make application for another Course ( in-person or online) during the valid tuition credit voucher period, and to redeem the value of said voucher to pay the tuition price of the new course.
v. Tuition credit vouchers cannot be redeemed after the expiry of their validity and cannot be transferred to other Students for any reason.
vi. At the end of 18 months and not before, the Student has a right to redeem their unused credit voucher for cash. Redemption for cash at the 18-month mark must be requested by Student in writing at least 6 months before the desired date of cash reimbursement.
vii. After 36 months, the School will refund any unused portion of the tuition credit voucher to the Student by the available means of its choosing.
c) In the event of any solitary temporary force majeure event that is an impediment to attendance that affects all Students (example: single case of COVID 19 outbreak within the classroom), at the sole discretion of the School the Course may electively be offered for delivery ONLINE, via any distant communication channel ( Zoom, Google Classroom, Vimeo.com, etc).
i. Online delivery by School and online attendance by Students will preclude other refund or tuition credit voucher for said Students, partial or whole, including (i) any credit or refund to Student of any amount paid regarding housing accommodation and relevant services (if applicable) and (ii) any refund to School of costs incurred regarding the organization of the arrival of Students in its premises (if applicable).
ii. If the presence of any additional impediment qualifies as a Force Majeure Event (example: multiple outbreaks of infectious disease in the classroom) both Parties have the right to request postponement or suspension of the Course, as the nature or duration of the impediment dictates. See X-I b) and c).
iii. Students who decline to attend an online replacement course will be given credit vouchers, as above, equal to the percentage of Course time lost.
X-IV. Conditions of application and notification
i. The Party invoking the circumstances of a Force Majeure Event must immediately notify the other party of their knowledge of its occurrence, as well as of its disappearance.
ii. In any case, each Party concerned must take all appropriate measures that could limit the adverse effects of the Force Majeure Event, minimize damages for all Parties and allow, as soon as possible, performance of the Contract and fulfillment of all relevant obligations.
iii. If the Force Majeure Event(s) which obliges one of the Parties to postpone or suspend the performance of the Contract continues for more than 3 months (for example, international frontier closure continues for 3 months), the Contract is considered entirely nullified by force majeure. Any tuition credit or credit vouchers offered to Students become null and void, and all parties are entirely discharged from the Contract.
X-V. List of Force Majeure Event(s)
It is expressly agreed between the Parties that one or more of the following impediments affecting the School will be deemed to consider a “Force Majeure Event(s)” triggering the application of this clause; it should be noted that the following list is not exhaustive and does not exclude other Force Majeure Events that would meet the criteria set forth in the definition provided under paragraph X-I above:
a) act of God or natural disaster: such as but not limited to medical emergency, injury or accident that results in the incapacity, invalidity, or death of School faculty, visiting instructor, or essential staff; medical emergency, injury or accident that results in the incapacity, invalidity or death of any currently enrolled Student;
violent storm, tornado, cyclone, typhoon, hurricane, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami, flood, drought, damage or destruction by lightning;
explosion, fire, or similar destruction of School’s professional facilities, studios, buildings, property, heating, plumbing or electrical equipment;
b) public health crisis: plague, epidemic, pandemic, outbreaks of infectious disease or any similar malady and its consequences, including: quarantine or other restrictions on the movement or travel of persons; confinement of School faculty, Students, School models or staff; restrictions on supply of safe food or water, or essential services;
c) act of higher authority (whether lawful or unlawful): compliance with any law or governmental order, rule, regulation or direction, or curfew restriction; expropriation or compulsory acquisition/seizure of School works or property, requisition, nationalization; local/regional/national border closure;
d) war (whether declared or not): armed conflict or the serious threat of the same, including but not limited to hostile attack, blockade, military embargo, invasion, act of a foreign enemy, extensive military mobilization;
e) other hostilities or crimes: civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil unrest or disorder, mob violence, act of civil disobedience, act of terrorism, murder, kidnapping, sabotage, or piracy;
f) failure of infrastructure: prolonged break-down of French national, regional or departmental roads, trains, public transport, telecommunication, civil service, electrical system, water supply, medicinal supply, waste management, or other critical public utility;
g) labor action: disturbances such as but not limited to boycott, strike, lock-out, or go-slow actions, up to and including blockade, occupation of or rendering inaccessible School’s studios, properties, or premises, as well as labor actions blocking or rendering inaccessible any service, museum or exhibition integral to fulfillment of the affected art program;
h) severe economic disruption or shortages: disturbances such as but not limited to currency crisis, credit crisis, stock market crash, or major bank failure/ closure; trade war or trade embargo, or any other cause of market shortage, resulting in inability to safely and securely transact business or credit payments nationally or internationally, or to safely obtain food, water, healthcare, or other critical material or supplies, to the extent not subject to the reasonable control of the School, its partners, or its suppliers.
