STUDENT AGREEMENT entered between Cape Town Creative Academy Proprietary Limited

Registration number: 2011/119961/07

Physical address: Silo 5, Silo Square, South Arm Road, V&A Waterfront, CAPE TOWN 8002

herein represented by the Registrar, R. Yssel, hereinafter called "the CTCA" and the Student as identified in this Registration Form

1.          Background

Whereas the student is keen to follow a course at the Cape Town Creative Academy, the student hereby agrees with the CTCA regarding the terms and conditions under which he/she will receive tuition and training, and which will be binding on both parties for the duration of the student’s study with the Cape Town Creative Academy (“the agreement”):

2.          Acceptance

Acceptance as a student to the CTCA is only confirmed after selection and the right of admittance to the CTCA  is reserved. The CTCA has the right to limit the number of students for any specific course at the sole discretion of the Academy.

3.          Contractual Competence

If the student is underage, this agreement is entered into with the assistance, knowledge and permission of their parents and/or legal guardians and this agreement is signed by such persons in their capacity as parent and/or legal guardian.

4.          Registration fee

During registration, all students pay a non-refundable deposit / registration fee that is fixed by the CTCA from time to time and the student will be informed of such amount before registration occurs. This registration fee forms part of the course fee for accounting purposes, subject to the provisions of clause 7 below.

5.          Payment of fees

The balance of the tuition fees is payable as follows:

5.1       Payment of the full outstanding balance, less a settlement discount when relevant as determined in terms of the CTCA policies, as determined from time to time by the CTCA; or

5.2       Payment by way of debit order over a period of 10 consecutive months, first debit order no later than on the last working day of February of each year, and each succeeding payment to be made no later than on the last working day of each succeeding month. All fees must be paid in full by the end of November of the relevant academic year;

5.3       If any monthly payment is not made for whatsoever reason, the student will immediately become liable for payment of the full outstanding balance of the course, which will immediately be claimable and payable.

6.          Computer equipment

The tuition fee does not include any computer equipment, software programs or art levies. Annual software license fees and art levies must be paid as part of the registration fee, and the student will be responsible for the purchase of any computer equipment that may be required to complete his/her selected course of study.

7.          Discontinuation

7.1       If a student discontinues a course/term or does not complete a course/term for whatsoever reason, he/she is still liable for the payment of the whole term fee and all other outstanding payments, if any, will be claimable and payable.

7.2       No fees already paid to the CTCA  by the student for the specific term will be refundable, and a cancellation/administration fee for each term cancelled will be charged.

7.3       All fees paid by the student for terms that have not commenced, will be refunded, less the non-refundable registration fee and an administration fee as determined by the CTCA from time to time, and as published in the Yearbook.

7.4       In the case of discontinuation, the non-refundable registration fee will be invoiced to the student to remove it from the course fees. However, this is just the accounting treatment of the non-refundable registration fee, and such invoice will be settled by the credit in the name of the student.

8.          Failure to pay academic/course fees

8.1       If any payment by the student to the CTCA is due and payable and such payment is not made at the agreed time and in terms of this agreement, the CTCA will be entitled to immediately proceed with legal action against the student, or person/s responsible for payment of the fees or other amounts still outstanding.

8.2       The student will be liable to pay all costs incurred by the CTCA to collect any fees, on the scale of attorney and own client, together with collection commission, tracing costs and any other costs that the CTCA may reasonably incur.

9.          Failure to comply with the agreement

If a student fails to comply with any of the terms and conditions, contained in this agreement, the CTCA reserves the right to:

9.1       Withhold examination results;

9.2       Refuse registration for the following term/module;

9.3       Refuse the student the right to a certificate of good conduct;

9.4       Withhold the qualification/certification of the qualification;

9.5       Deny the student admission to examination, lectures and practical sessions;

9.6       Levy interest on any unpaid amounts and hold the student liable for any such amount at a rate equal to 2% more than prime interest rate levied by Investec Bank Limited from time to time;

9.7       Report the outstanding debt to the National Credit Regulator and/or Credit Bureau.

10.       Indemnities

10.1    The student hereby indemnifies the CTCA, its personnel, employees, officials, representatives or agents against liability for all claims of whatever nature that the student may have as a result of any occurrence, incident, accident, injury, illness or death, however it occurred and that arises from the attendance of the course, any excursion, practical class or transport during the student’s studies at the CTCA. The student attends the course and uses all equipment, materials and other items at own risk and hereby voluntarily accepts the risk incidental thereto.

10.2    The student indemnifies the CTCA against any liability for damage or loss of any article that is brought to the CTCA premises by the student.

11.       Rules and class attendance

11.1    Each student is expected to comply with all the rules as set out in the Yearbook, which has been made available to the student on the CTCA Student Portal, for the full duration of the student’s time at the CTCA. By signing this agreement, the student undertakes and agrees to always comply with such rules.

11.2    The student is expected to attend all classes. If attendance is dissatisfactory in the opinion of the CTCA, the Academy can refuse the student admission to examinations/ resubmissions.

11.3    Students who disrupt classes in such a way that they prevent fellow students from getting the attention and tuition they deserve, will be instructed to leave the class. Repeat offenders will face disciplinary action.

12.       CTCA property

12.1    The student is liable for all damages of whatsoever nature that he/she causes to the property or premises of the CTCA. The student must compensate the CTCA for such damages within 30 days after an account setting out the damages and the costs of repair or replacement was rendered to the student, failing which the CTCA will have the right to take legal steps against the student in order to recover the damage caused by the student, and to rely on the provisions of clause 9 above.

12.2    All property belonging to the CTCA and used by the student on a loan basis must be returned to the Academy at the agreed date and time. Should the student fail to return any property such as books, photographic and video equipment, etc. at the agreed date and time, the cost of such property will be recovered from the student's account. If such a payment is not made in time and in agreement with the terms and conditions of this agreement, the CTCA will be entitled to proceed with legal action against the student, and to invoke the provisions of clause 9 above.

13.       Addresses

The student hereby chooses for purposes of delivery and service of all documents and procedures in pursuance of this agreement, the address as is contained on the registration form and the postal address as the address where correspondence can be sent to the student by the CTCA. In case of a change of address, the student undertakes to give the CTCA written notice of such change of address.

14.       Authority to use works produced

The CTCA has the right to use any work produced by the student as part of classwork or during their tenure of study at the CTCA for marketing purposes. The student will be acknowledged as the author of such work.

15.       Protection of personal information

15.1    The personal information (as defined in the Protection of Personal Information Act) contained in the Registration Form will be processed for the purposes of enrolling you as student at the Cape Town Creative Academy, communicating with you, providing our educational services to you, and registering you on the CTCA portals to enable you to participate in academic activities.

15.2    Parent/Guardian personal information will be processed to enable communication between the CTCA and them, to facilitate payments for services delivered, and to register them on the CTCA portals for information sharing purposes.

15.3    Your personal information will not be shared with third parties unless it is deemed permissible in terms of the Protection of Personal Information Act.

15.4    You have the right to have access to your personal information in our possession at any time, request the CTCA to update incomplete or incorrect information or to delete personal information that the institution is no longer authorised to retain.

15.5    You agree that your personal information may be stored by the CTCA on cloud storage facilities.

15.6    By signing this agreement, you give your consent that the CTCA may process the personal information provided for the specific purposes as set out above.

16.       Variation

No amendment, cancellation, respite, variation or addition of this agreement will have any legal force or be binding on the parties if it is not in writing and is not signed by all parties or their authorised representatives.

17.       Non-waiver

No grace, relaxation or respite that the CTCA may extend to the student will in any respect adversely affect or refrain the CTCA from the prospective enforcement of any of its rights or obligations.

18.       Binding nature of agreement

For purposes of this agreement any reference to the student wherever it may be applicable, will also be a reference to the parent(s), guardian or surety and any undertaking, obligation or indemnity by the student is as valid and enforceable against the parent(s), guardian or surety of such student as if such an undertaking, obligation or indemnity was granted by the parent(s), guardian or surety of the student, where such student is assisted by his/her parent(s), or guardian or where a person binds him/herself as surety on behalf of the student.

19.       Declaration

I, the undersigned, do hereby confirm:

19.1    The information provided by me to the Cape Town Creative Academy is true and correct in all respects;

19.2    There is no legal obligation on the CTCA to accept me as a student, and if the CTCA accepts me, I will only be admitted as a student if and when I comply with all the policies, regulations and requirements of the CTCA applicable from time to time;

19.3    That I accept the terms and conditions of this agreement to be binding on me, that I have read the agreement and understand the content thereof,

19.4    I hereby irrevocably authorise the CTCA to provide the person responsible for payment of the student fees, as indicated on the student registration form, with test and examination results and, where applicable, a progress report, on request.