Terms and Conditions
ELITE STUDENT MANAGEMENT
Student Enrollment Agreement Terms and Conditions (June 2025)
You have enrolled in a program with Elite Student Management, LLC, (ESM) as applicable (“ESM”, “we”, “us”, “our”).
All program techniques and materials (online and print), content, code, software, data, videos, and session transcripts, copyrights, trademark rights and other intellectual and property rights used in or related to your program are the exclusive property of ESM or its licensors. You agree not to disclose, reproduce, sell or distribute to any third party any information, written or spoken, including course materials, obtained from ESM in connection with ESM courses or student management programs, and agree to use such information only for your personal, non-commercial use.
ESM reserves the right, in its sole discretion, to change these Student Enrollment Agreement Terms and Conditions, in whole or in part, at any time. Changes in these Student Enrollment Agreement Terms and Conditions will be effective when posted.
Payment:
You agree to pay in full (by the time of the agreed meeting) by credit card/debit or other payment acceptable to ESM, for your purchases of ESM services and products as follows:
• For our student management programs, you must pay the program deposit amount (or may pay in full) at the time you enroll. If you paid only the deposit when you enrolled, you authorize ESM to charge the balance of the program tuition to your payment method on file on the day your program starts. Notwithstanding the foregoing, if ESM has approved a payment plan for you, then payments are due in accordance with such plan, but you must still pay the deposit when you enroll.
• If you do not pay before the agreed upon meeting time, and your student still meets with us, you authorize ESM to charge the session cost to your payment method on file on the day of the meeting.
• If you do not pay before the agreed upon meeting time, and your student cancels outside of the cancelation policy, you authorize ESM to charge the late cancel charge to your payment method on file on the day of the meeting.
• When you make a one-time or additional individual session purchase of student management (as opposed to a Student Management Program), we charge the fee for that purchase to your credit card or other payment method we have on file prior to the start time of that session.
• You agree to pay all fees, plus applicable tax, for any purchases you make concurrent with your program order. If your payment method is declined and you receive the services, you agree to pay all amounts due upon demand by us. If you have not yet received the services, we may cancel your program order. You authorize us to charge the payment method we have on file, regardless of whether the information associated with such payment method has changed, including but not limited to the expiration date of a credit card. We may receive updated information about your payment method from the issuing financial institution. If we request a third party to collect unpaid amounts that you owe us, you will be liable for all of our attorneys' and/or collection agency fees.
Student Withdrawals, Cancellations and Refunds:
If you enrolled in a Student Management Program and choose to withdraw your enrollment within the time frames listed below, we will provide a refund of the percentage of the tuition you have paid as listed below, subject to the conditions below.
• Cancelation more than 24 hours before the start of session will result in a 100% refund
• Cancelation less than 24 hours before the start of session will result in a 0% refund
*Reminder: All payment is due 24 hours prior to the time of ESM session. We will issue a refund if one communicates within the time frames above. All payments and refunds are accepted through Stripe.
Illness; ESM Program Changes and Cancellation:
Occasionally, due to various circumstances, ESM may change program schedules or locations (including but not limited to providing online class sessions in place of in-person class sessions), cancel a program, or not have a student manager available for you for an in-person or on-line private student management session. If we cancel the program in which you have enrolled and are not able to reschedule you to another time that is acceptable to you, or if we are unable to match you with a student manager as described above, we will refund the single session or entire program fee to which you have paid, and we will have no further liability to you with regard to the cancelled program.
Please note that refunds for cancellations under this or the immediately preceding section take approximately 7 days from notification of cancellation to be processed.
Prohibited Conduct; Dismissal from Program:
In order to attend an ESM program, you agree that you will comply with conditions that in ESM’s opinion are warranted to ensure the safety of its instructors or students.
You agree that you will treat ESM student managers with respect and not use obscenities, make threats or discuss matters other than those related to the subject in which you are being helped in your ESM program.
Student Code of Conduct: ESM may remove from any ESM Program students whom ESM deems in its discretion to be disruptive to the learning environment, dangerous to other students or student managers, have failed to comply with safety policies, repeatedly violate policies such as etiquette, have acted in a manner that shows lack of dignity and respect for student managers and/or students, have violated any intellectual property rights of ESM or others, or have engaged in academic misconduct, such as cheating. Students removed from an ESM Program for violations of the Code of Conduct are not eligible for refunds.
Student Management Session Etiquette: You must follow proper behavior when participating in the Program and engaging with student managers and fellow students online or in-person, as applicable:
1. Do Not Record. You cannot take photos or videos of others, or the presentation, without permission. You cannot share or post pictures or videos of others without their knowledge or permission.
2. Be Professional. Dress with clothes appropriate for class. You are responsible for your screen name, computer screen and background displayed to others. You may not display any offensive or inappropriate material on your person or your screen.
3. Be Respectful and Kind. Ask appropriate questions and be willing to listen and engage in the learning process. When asking questions and making comments, keep them related to the discussion at hand.
4. Be Prepared to Learn. Arrive to each session on time and come prepared. Refrain from checking other websites (social media, gaming, etc.) or messages during any session.
5. Eliminate Distractions. Turn mobile phones off. Choose a location that will not cause distraction for you or hear your background noise during a session.
ESM may dismiss you from an ESM program or cancel your services, including online access to our services if you:
• have not paid in full by the first scheduled session (unless ESM has approved a payment plan for you), or
• in ESM's opinion, are disruptive in the program, or
• do not comply with our Terms of Use, these Student Enrollment Agreement Terms and Conditions, or other rules and procedures applicable to our services being provided to you.
ESM will not refund any amounts or provide any credit where a student is dismissed from a program or their services are cancelled as set forth above.
Disclaimer; Limitation of Liability:
ESM WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR ESM PROGRAM, EVEN IF ESM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN THE GUARANTEE SET FORTH BELOW, ESM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ESM’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR ESM PROGRAM WILL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR PROGRAM. IN PARTICULAR, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN RELATION TO STUDENT MANAGEMENT SERVICES, ESM MAKES NO REPRESENTATIONS, GUARANTEES, PROMISES, OR WARRANTIES WITH RESPECT TO ANY PARTICULAR OUTCOME, GRADE, TEST SCORE, OR INCREASE IN ANY ACADEMIC ACHIEVEMENT. ESM FURTHER DOES NOT GUARANTEE ACCEPTANCE TO ANY SCHOOL OR EDUCATIONAL PROGRAM, PASSAGE OF ANY EXAM OR ANY OTHER SUCH OUTCOME.
Governing Law:
These Student Enrollment Agreement Terms and Conditions and any claim or dispute arising out of, relating to or in connection with these Student Enrollment Agreement Terms and Conditions or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of California without giving effect to its conflicts of law principles. The exclusive means of resolving any such claim or dispute shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against ESM in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
Additional Information for Students Enrolling in a Student Management Program
Payment for Additional Management Hours
If you complete more student management hours than the number for which you enrolled, you authorize ESM to charge your payment method on file for the additional hours you have used at the rate agreed to.
Canceling Student Management Sessions
Cancellations greater than 24 hours prior to a scheduled session can be rescheduled without a fee. Cancellations made less than 24 hours before a scheduled ESM appointment will incur a fee of 100% of the cost of the ESM session. If the student manager cancels or misses an appointment without 24 hours advance notice to you, you will receive one free session of equivalent hours to the missed session of student management in addition to the hours in your program.
Acceptance of These Terms and Conditions:
Please indicate your acceptance of these Student Enrollment Agreement Terms and Conditions when signing up for a session. I acknowledge that I have read and that I agree to these Student Enrollment Agreement Terms and Conditions. Note that you must be 18 years of age or older to accept these Student Enrollment Agreement Terms and Conditions. If you are less than 18 years of age, you must have a parent or guardian accept on your behalf.