Terms & Conditions

I. The Parties

These terms and conditions apply between “the School” (i.e. the Studio Escalier program director and teachers, its program faculty, visiting faculty, property managers, as well as the shareholders, owners, or other delegated representatives of STUDIO ESCALIER enseignement culturel and STUDIO ESCALIER SCI - Siege social: 21 rue Porte Viresche, 79150 Argentonnay, France. SIRET: 489 918 797 00023. 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

Regarding 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.

Unlike Courses held in Argenton-Chateau, 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 any travel and 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. Acknowledged risk to health and well-being – Safety issues

1. The Student acknowledges the inherent risks involved in daily participation in this studio art program, as well as in their travel and transport to the program and during it. These include an ordinary risk of sickness and injury, but also the potential for a) allergic reaction, fatigue, creative frustration, and psychological stress, and b) repetitive visual, physical and/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.

2. Additionally, the Student attests not to have any undisclosed emotional, psychological or physical health condition that will 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.

3. 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, illnesses, allergies or other medical conditions 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 predictable risks.

Students who present symptoms of any kind of health issues may be prohibited from attending the Courses depending on several criteria: their general condition, the therapeutic care and monitoring they require, and the risks of contagion or disturbance in relation to other Students. The School staff assesses the Student’s state of health and the need for medical advice.

VI. Course policies, house rules and 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, 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

a) 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.

b) 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 any Course.

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 legal provisions, Students 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.

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 100% refund shall be honored for any reason.

A partial 50% tuition refund is available if requested 90 days BEFORE the first day of the Course. 50% tuition reimbursement is subject to the time limits and conditions set forth as above.

3. Notwithstanding the provisions of paragraph 1 above, tuition payments are entirely NON-TRANSFERABLE after payment, cannot be credited or transferred to other Courses or Students for any reason.

After the 50% refund date, 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 credits or refunds may be offered 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.

4. 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 15-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.

5. If a Course is cancelled before the first day of class due to insufficient enrollment, a 100% 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.

6. If a Course is temporarily interrupted, postponed, suspended or cancelled for any reason other than insufficient enrollment, and such action is solely the result of the School’s free and unimpeded choice, no immediate cash refunds will be made.

In such event, the School reserves the right to issue a tuition credit voucher equal in value to the Course days lost by enrolled Students, up to 100% of the original tuition price paid only in the event of full cancellation. The School accepts no liability for other Student costs or losses arising from such unimpeded decision.

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.

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.

7. In the event of any Course interruption due to force majeure, 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 ordonnance to the contrary, if the duration of the impediment caused by the force majeure lasts less than 30% of the Course's entire length, it is considered temporary. In such temporary Event, the delivery of the Course and/or performance of related obligation will be temporarily suspended, unless the foreseeable outcome of the Event(s) otherwise justifies nullification and termination of the Contract.

c) In the absence of superseding emergency measure or government ordonnance to the contrary, if the duration of the impediment caused by the force majeure lasts more than 30% of the Course's length, suspension is considered permanent. In such Event, the Course Contract is nullified and terminated by operation of law and the parties are discharged from their obligations under the conditions provided for by law.

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 suspension due to temporary 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 the event of postponement due to force majeure, no refunds will be immediately available.

ii. Within 60 days of the conclusion of the temporary Force Majeure Event(s), the School will inform the Student of new course dates equal to the time lost, to be offered within 18 months of the original start date of the postponed Course. School enjoys the right to reschedule new dates as their calendar permits.

iii. In cases where the Student is unable to attend during the rescheduled dates, a redeemable tuition credit voucher will be given, equal to the time lost, valid for 36 months from date issued.

iv. Tuition credit vouchers cannot be redeemed after the expiry of 36 months and cannot be transferred to other Courses or Students for any reason.

v. At the end of the 36-month tuition credit transfer period and not before, the School will refund any unused portion of the tuition credit note to the Student by the available means of its choosing.

b) In the event of course suspension due to permanent Force Majeure Event(s), the affected course Contract will be considered nullified and terminated by a force majeure situation.

i. In the event of nullification and termination, no refunds will be immediately available.

ii. 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.

iii. Each Student will have the option to make application for another course during the valid tuition credit voucher period, and to redeem the value of said voucher to pay the tuition price of the new course.

iv. Tuition credit vouchers cannot be redeemed after the expiry of their validity and cannot be transferred to other Students for any reason.

v. At the end of 18 months and not before, the Student has a right to redeem their 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.

vi. 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 impediment to travel or attendance that affects all Students (example: national frontier closure) the Course may electively be delivered online or via any distant communication channel.

i. Online delivery of the Course in such circumstance shall only be realized if at least 75% of the enrolled Student body agrees to attend. Failing to reach 75%, the course will be considered postponed. See X-III a).

ii. Online delivery by School and online attendance by Students will preclude other refund or tuition credit voucher for said Students, partial or whole, but will entitle (i) those Students to seek a cash refund of any amount paid regarding housing accommodation and relevant services (if applicable) and (ii) the School to seek a refund of any costs incurred regarding the organization of the arrival of Students in its premises (if applicable).

iii. If the presence of any additional impediment qualifies as a Force Majeure Event (example: frontier closure plus outbreak of infectious disease) both Parties have the right to request suspension of the Contract, either temporarily or permanently, as the duration of the impediment dictates. See X-I b) and c).

iv. Students who decline to attend an online replacement course will be give credit vouchers, as above.

X-IV. Conditions of application and notification

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.

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.

If the circumstances which oblige one of the parties to suspend the performance of the Contract continue for more than six months, either party may request the termination of the Contract.

If, in the course of the performance of the Contract, the situation existing at the time of its conclusion or the elements on which the parties had based their conclusion change in such a way that one of the parties suffers significant and lasting damage, the parties shall make contact within two months of the request of one of them, in order to seek in equity a new basis for the continuation of their relations and to determine the consequences thereof.

In the event of disagreement between the parties as to the terms and conditions for the continuation of their relations, the parties may terminate the Contract, subject to thirty days' notice.

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 commotion 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.