Our Terms

Enrollment for all NYC STEM Club group courses and/or pre-packaged private lessons is for the entire term of the program. The Parent agrees to pay the full amount of the tuition and/or fees before the commencement of group courses and/or private lessons. Installment plans for semester and full-year group classes and/or private lessons are not available. Additionally, NYC STEM Club makes binding staffing arrangements and other provisions upon enrollment of the Student. Therefore, NYC Stem Club cannot offer refunds in the event of the Student’s withdrawal from enrolled classes (group or private) for any reason. If the Student does not attend a group class, irrespective of prior notice, the Parent acknowledges and understands that NYC STEM Club cannot offer a refund for the class missed. In unavoidable circumstances such as, but not limited to, relocation, where a withdrawal is required, the prorated, unused portion of the tuition will remain on file as a credit to be used within one year from the date of the withdrawal for any of our equivalent programs.

NYC STEM Club makes binding staffing arrangements and other provisions upon enrollment of the Student, regardless of which program (group classes or private lessons) the Student enrolls in. If the Student or Parent wishes to alter a previously agreed upon private lesson schedule, the Parent must notify the Center 48 hours prior the commencement of the class (group or private). The Center will not reschedule any private lesson at the request of the Student without express consent from the Parent. Without a 48-hour notice of rescheduling or cancellation, the Parent understands the Center reserves the right to bill the Parent for the private lesson even if the Student does not attend the class. For semi-private lessons (groups of 2 students), both students must agree to reschedule the class and alert the Center with 48-hours’ notice. Otherwise, the semi-private lesson will remain in effect and the Student who cannot attend the class will not be able to receive a refund. If the Student wishes to schedule a make-up session, it will be billed as a private lesson. For group classes, the Center cannot alter the schedule for any individual student. If the Student does not attend a group class, irrespective of prior notice, the Parent acknowledges and understands that the Center cannot offer a refund for the class missed.

From time to time, due to personal and/or other reasons, the Parent may request for the Student to join in-person classes remotely via online video conferencing platforms such as Zoom. It is NYC STEM Club policy for the Parent to notify the Center no later than 24 hours prior to the scheduled class for instructors to plan accordingly. Otherwise, the Center cannot guarantee that it can or will accommodate the Student via remote learning on the day of the scheduled class. A request to join class remotely must be made by the Parent; the Student may not request this accommodation without the express consent of the Parent. To the extent possible, NYC STEM Club may record the class for the Student to review on his/her own time. However, the Parent acknowledges and understands that NYC STEM Club does not guarantee this accommodation and has the sole discretion to offer this option on a case-by-case basis.

In the event the Student joins group or private classes remotely, the Parent consents to video recordings of the Student by the Center. Such recordings will be utilized only for training and educational purposes by NYC STEM Club Faculty and Students.

The Center may hold classes remotely via distance-learning and/or may utilize various software applications and web-based services to deliver its curriculum (the “Online Services”) when requested by the Parent or when group courses are listed as hybrid learning (where some students opt to participate in classes remotely via online video conferencing platforms such as Zoom). In order to use the Online Services, the Student may be required to register in these systems using personally identifying information—generally their name and email address. During periods of remote-learning and when otherwise using the Online Services, Center faculty may communicate with students electronically through email, instant messaging services through the various Online Services, and/or through videoconference. The Parent acknowledges and consents to the Student’s participation in distance-learning and provide permission for Center personnel to communicate with the Parent and the Student via electronic communications. The Parent further authorizes the Center to provide consent for the Student’s use of the Online Services on the Parent’s behalf and to provide the Student’s basic information to the Online Services when required to do so by judicial or law enforcement authorities.

When reasonably practicable, the Center will attempt to respect the Parent and Student’s privacy. The Center will not monitor, edit, or disclose any personal information about Parent or Student, including its contents or Parent’s use of the Service, without Parent’s prior consent unless Center has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of the Center; (iii) enforce this Agreement; (iv) protect the interests of Parents of the Service other than the Parent or any other person; or (v) operate or conduct maintenance and repair of the Center’s services. The Center does not provide information in aggregate form collected from and relating to Parent and Student to third persons such as advertisers and sponsors.

The Parent understands and agrees that the execution of this Agreement is not contingent upon any particular program, curriculum, method of instruction delivery, instructor, and the Parent understands that the Center retains the right to modify its programs, curriculum pacing and/or subject-matter, or instructors at its sole and exclusive discretion. The Parent further agrees that, while the Center remains committed to the academic excellence and the personal growth of each of its students, the Center does not and cannot guarantee the improvement of academic success or social readiness of any individual Student, and that the Center does not and cannot guarantee that the Student will succeed in meeting minimum academic performance standards used to assess student readiness in public, independent, and/or private schools. The Parent also agrees that the Center does not guarantee success in raising and/or improving any form of summative or formative assessments, including but not limited to in-school exams and placement tests, state exams, AP exams, and/or competitive middle school, high school and college entrance exams.

Additionally, while the Center may provide differentiated curriculum and accommodations based on various Student needs, the Parent agrees that the Center does not and cannot diagnose any learning disability and/or social-emotional needs. Moreover, by entering into this Agreement, the Parent holds the Center harmless for any differentiated services that it does provide to the Student.

As part of NYC STEM Club’s consulting services, admissions counseling (“Consultant ”) refers to school and college admissions preparation services.

Consultant responsibilities include: (i) in depth interviews including collection and review of educational and personal histories, school records, and educational testing results; (ii) professional analysis of students’ interests, strengths, skills, and academic and extracurricular goals; (iii) family conferences regarding school preferences and strategies for applications; (iv) extensive research of schools and programs and list of potential schools tailored to students’ abilities, interests, and needs; (v) scholarship research on an as needed basis; (vi) advice on securing letters of recommendations; (vii) development of “to do” list for educational testing, school visits, application completion; (viii) review of appropriate timelines and school planning checklists; (ix) provide guidance with applications, essay brainstorming, edits, and review.

Consultant responsibilities do not include: (i) completing school and scholarship applications; (ii) guaranteeing school placement or acceptance to any school as all admission decisions are made solely by the educational institutions; (iii) creating or writing any part of the application or essays; (iv) influencing admissions officers; (v) submitting applications.

In order to provide a safe and welcoming learning environment, to the extent possible, NYC STEM Club strives its best to serve and accommodate different learning and academic needs. However, if the Student is consistently unprepared, uncooperative, disruptive, inconsiderate, or disrespectful to anyone in class or at the Center, NYC STEM CLUB reserves the right to cancel enrollment with no refund of tuition. Under this Agreement, the Parent understands that partial refund of tuition may be provided but is not guaranteed and will be solely determined by the Center on a case-by-case basis.

Homework will be assigned in both group and private classes. Students are expected to not only complete their homework, but to do so with integrity , fidelity and consistency, meaning they must apply the strategies and lessons taught in class on their homework. Students are also responsible for maintaining and organizing their own collection of homework and classwork packets, including their assessments, reflection logs, and additional resources. If a Student repeatedly throws away or loses NYC STEM Club materials and later requests soft versions of the lessons, NYC STEM Club reserves the right to impose an administrative fee to replace the materials.

A positive, collaborative, and constructive relationship between NYC STEM Club and Parent or other individuals interacting with the Center by virtue of their relationship with the Student (“Affiliated Individuals”) is essential to the mission and learning environment at the Center.

Therefore, the Center may take any and all actions necessary to ensure the smooth and successful operation of the Center in all matters as it may apply to the Student, Parent, and/or Affiliated Individuals. If Parent and/or Affiliate Individual behavior, communication, or interaction both on or off-Center (including Center-sponsored events) either in person or via digital or electronic means (such as email, online or social media) with the Center and Center employees is disruptive, intimidating, overly aggressive; reflects a loss of confidence in or serious disagreement with the Center that manifests in disrespectful behavior towards the Center’s faculty or staff; is noncompliant with policies, procedures, and recommendations made by the Center; imperils the Center’s educational purpose or program through defamatory remarks either in person or online; threatens the health, safety or well-being of the faculty, staff, and community at the Center; or is otherwise inconsistent with commitments and obligations shared by members of the Center community, the Parent understands and agrees that the Center has the right to cancel enrollment with no refund of tuition at the Center’s sole and exclusive discretion. Additionally, the Parent understand and agree that the Center reserves the right to place restrictions on Parental and/or Affiliated Individual involvement with any activity, programming, and/or curriculum at the Center, on Center property, or at Center-related events, should the Parent engage in behavior that the Center determines, in its sole and exclusive discretion, to warrant such a restriction.

The Parent hereby expressly agrees to not hire, employ, contract, or retain the services of any NYC STEM Club instructors for instruction of any kind outside the Center while the Student is enrolled at the Center. This includes, and is not limited to, tutoring and/or related services academic or otherwise. In addition, this restriction remains in effect for a period of thirty-six (36) months after completion and/or discontinuation of the Student’s enrollment at the Center. The Parent also agrees and understands that the Parent may not share tutors’ names, cell phones, emails, or any other contact information with friends, family, classmates, directly or indirectly for any kind of private solicitation of academic services and/or services of any kind. The Parent is aware that the tutors are bound to non-compete agreements with the Center and these agreements will be strictly enforced. If approached by any NYC STEM Club instructors offering tutoring services that are not affiliated with Center, for the duration of this agreement, the Parent understands and agrees to not accept their services and will immediately notify NYC STEM Club.

The Center is normally closed for major NYC DOE holidays including: Labor Day, Thanksgiving (Thursday, Friday, Saturday & Sunday), Christmas break, Martin Luther King Jr. Weekend, Mid-winter break (including Lunar new year), Spring Break and Memorial Day Weekend.

The Parent acknowledges and agrees that in the event of any failure, delay or modification in the Center’s performance or delivery of its program under this Contract resulting from causes beyond the Center’s reasonable control and occurring without its fault or negligence, including without limitation, acts of nature, fire, pandemic, U.S. government restrictions, wars, and insurrections, the tuition obligations under this Agreement shall continue and the Center shall not be liable for any such failure or delay in its performance. The Parent understands that Center schedules may be extended for a period of time equal to the time lost due to any delay so caused and/or classes may be conducted via remote-learning and/or weekend classes may be scheduled, at the Center’s discretion.

The Parent understands and agrees that enrollment and participation in the Center’s Services may entail personal attendance (by the Student, the Parent, Affiliated Individuals, and/or other agents or representatives) at the Center or other locations where Services are provided, and may entail interaction with, and receipt of Services from, agents and representatives of the Center. The informed decision to enroll in the Center and/or to participate in and receive the Services, including by entering in and using the Center or other locations at which Services are provided, is the Parent’s alone, made on behalf of the Parent and the Student.

The Parent (on behalf of him- or herself, the Student, any Affiliated Person, and each of his, her, its and/or their personal representatives, assigns, heirs, next of kin and other agents) (together, the “Releasors”) agrees to release, waive, and promise not to sue the Center or any of its employees, officers, agents (including faculty and staff), and affiliated entities (together, the “Released Parties”), from any and all claims, liability and damages that the Releasors have or may have arising from or related to enrollment and participation in the Center’s Services, including personal attendance at the Center or other locations, and including interaction with and receipt of Services from agents and representatives of the Center. The Parent agrees that this release, waiver and promise not to sue includes all harms, foreseeable or unforeseeable, including but expressly not limited to personal injury, theft or damage of personal property, illness, medical expense, and other loss or losses caused by or resulting from the negligence, active or passive, of the Released Parties. Notwithstanding the foregoing, this release shall not apply to any liability for recklessness, gross negligence, willful injury, or fraud; and it is not intended to release any insurers (if any) or non-agent third parties who are not Released Parties of any responsibility for claims that may otherwise be asserted by any Releasor.

Without limiting the generality of the foregoing, the Parent understands and agrees on behalf of him-or herself and each Releasor that NYC STEM Club and the Released Parties’ maximum liability to any Releasor for any reason, including breach of contract or any other claim or theory of liability, shall be limited to the amount of tuition paid for the then-current term.

The Parent acknowledges, understands and agrees that any dispute arising out of or relating to the making or performance of this Agreement, the Services, or any transaction pursuant to this Agreement, including any question as to whether such dispute is arbitrable, shall be resolved exclusively through binding arbitration (the cost to be shared by both Parties), in accordance with the laws of the State of New York and the Federal Arbitration Act without regard to choice of law principles. Such arbitration shall be conducted in New York City, before a single arbitrator, in accordance with the Commercial Arbitration Rules (or such similar rules as may exist at the time of the institution of any arbitration) of the American Arbitration Association. The Parent understands and agrees that by entering into this Agreement, any right to jury trial in connection with any dispute is irrevocably waived.
Without limiting the generality of the foregoing, the Parties agree that the state and federal courts located within the County of New York in the State of New York shall otherwise have exclusive jurisdiction over any dispute arising from or related to this Agreement, including any dispute regarding the existence, validity or termination of this Agreement, the consequences of its nullity, or the meaning or extent of its mandatory arbitration provision.

If the Parent fails to make any payment under this Agreement when due, the Parent agrees to pay all costs and expenses (including but not limited to attorneys’ fees and the costs of in-house or third-party collection agents) incurred by the Center in connection with collecting such sums.

In any other dispute or legal proceeding between or among the Parties arising under or related to this Agreement (including but not limited to (i) any action or special proceeding to confirm or enforce an arbitral award or judgment entered thereon; (ii) any appeal from any dispute or legal proceeding between or among the Parties; and (iii) any effort to collect on a judgment entered in any action or proceeding between or among the Parties) the non-prevailing party shall pay the reasonable attorneys’ fees, costs and expenses of the prevailing party. In any arbitration under this Agreement, the arbitrator is expressly authorized and empowered to award such sums to the prevailing party. Any such sums shall be recoverable separately from and in addition to any other amount included in an award or judgment, and the obligation to pay fees, costs and expenses is intended to be severable from the other provisions of the Agreement and to survive (and not be merged in) any such award or judgment.

Without limiting the generality of the foregoing, Parent agrees to indemnify, defend and hold harmless the Center and the Released Parties from any liability, loss, damage, cost or expense (including but not limited to reasonable attorneys’ fees, and the operational costs associated with participation in legal proceedings by Center personnel) that it or they may suffer or incur as a result of claims, demands, costs or judgments against it or them, or as a result of obligations to participate in any legal action or proceeding (including, for example, responding to demands for information or subpoenas) arising out of any activity conducted under or in connection with this Agreement. The Center may in its discretion require Parent to advance such costs and expenses as a condition of its participation.

This Agreement constitutes the entire agreement of the Parties concerning the subject matter hereof and supersedes all previous written or unwritten oral representations, agreements and understandings, whether express or implied. Any modification or amendment to this Agreement shall be in a writing signed by all Parties.

Parent understands and agrees to all of the terms and conditions set forth above.