The Berkeley Review's Enrollment Agreement
I, the applicant whose signature appears on the Application Form that is/was part of this electronic brochure (the “Application”), acknowledge and agree as follows, as a condition to my admission to THE BERKELEY REVIEW’s MCAT preparation course:
1. Acceptance in Course.
Although I have indicated which session(s) of THE BERKELEY REVIEW’s MCAT preparation course I would prefer to attend on the Application, I understand that THE BERKELEY REVIEW may, at its sole discretion, enroll me in a session other than one that I have selected, deny me admission to THE BERKELEY REVIEW’s MCAT preparation course entirely, or take any other action on my application that THE BERKELEY REVIEW deems appropriate. If I am admitted, the specific session of the THE BERKELEY REVIEW’s MCAT preparation course to which I am assigned is referred to in this Agreement as the “Course.”
I understand that enrollment in the Course is on a first-come, first-served basis and is governed by the US Postal Service postmark date at the time of mailing. I understand that I am obligated to pay the Full Course Tuition set forth on the Application. I understand that if I elect not to pay the Full Course Tuition at the time of my application and instead pay the Required Deposit set forth on the Application in order to reserve my place in the Course, I am obligated to pay the balance of the Full Course Tuition on or before (a) the date of the first class session of the Course, or (b) if I apply after the first class session of the Course, the date of the first class session of the Course following the date of my application. I understand that $125 of my payment (whether Full Course Tuition or Required Deposit) is a non-refundable administrative fee and that I am responsible for any assigned late fees. I understand that THE BERKELEY REVIEW will not accept any application that is not accompanied by payment of either the Full Course Tuition or the Required Deposit set forth on the Application. I understand that if my check is not honored by the bank on which it is drawn, I may be liable for damages of three times the amount of the check (in addition to the face amount of the check) and other costs as allowed by California Civil Code Section 1719. The minimum fee for a check which is not honored by the bank on which it is drawn is $50.
3. Withdrawal and Refunds.
I understand that if I wish to withdraw from the Course, I must provide THE BERKELEY REVIEW with written notice of my intention to withdraw, and that I must mail my written notice via the US Postal Service to: The Berkeley Review, PO Box 40140, Berkeley, CA 94704. Notification of withdrawal by any other means (e.g., phone, email, or handing my notification directly to an instructor or an employee of THE BERKELEY REVIEW) will NOT be accepted. Refunds are calculated based on the US Postal Service postmark date. Refunds are processed within thirty days after receipt of the written notification of withdrawal.
I understand that once the Course materials are collected, they cannot be returned.
I understand that I shall be entitled to a refund as follows:
a. If THE BERKELEY REVIEW receives my written notice of withdrawal prior to the first class of the Course (includes Early Start), THE BERKELEY REVIEW shall refund to me all amounts that I have paid up to the date that THE BERKELEY REVIEW receives my notice of withdrawal, less the $125 non-refundable administrative fee and any assigned late fees or book fees.
b. If THE BERKELEY REVIEW receives my written notice of withdrawal at any time after the start of the Course (includes Early Start), I shall not be entitled to any refund.
4. Rules and Regulations/Expulsion.
I understand that THE BERKELEY REVIEW may make, and I agree to obey, reasonable rules and regulations for the conduct of classes and other aspects of the Course.
5. Right to Repeat Course/No Warranties.
I understand that THE BERKELEY REVIEW makes no warranties, express or implied, as to my ultimate performance on the MCAT after completing the Course. I further hereby waive any claim that I may now or in the future have against THE BERKELEY REVIEW, including (but not limited to) any claim relating to my performance on the MCAT, the conduct of the Course, the content of materials distributed during the Course, or events occurring before, during, or after class sessions of the Course. I agree that if I am dissatisfied with my performance on the MCAT after completing the Course, THE BERKELEY REVIEW’s sole liability to me shall be to provide me with the opportunity to attend another session of THE BERKELEY REVIEW’s MCAT preparation course at a reduced rate to be established by THE BERKELEY REVIEW at its sole discretion. I further agree that THE BERKELEY REVIEW shall have no obligation to allow me to attend another session of the MCAT preparation course at a reduced rate as described in the previous sentence unless (a) I first present to THE BERKELEY REVIEW for inspection my original official MCAT score report, (b) I attended at least 90% of the class sessions of the Course, (c) the official score report that I present to THE BERKELEY REVIEW is for the MCAT administration that I selected on the Application, (d) the session of THE BERKELEY REVIEW’s MCAT preparation course that I am seeking to attend at a reduced rate is one of the sessions offered to prepare for the MCAT administration immediately following the MCAT administration that I selected on the Application, (e) there is, at THE BERKELEY REVIEW’s sole discretion, space available in the session to accommodate me, and (f) I have not previously attended a session of THE BERKELEY REVIEW’s MCAT preparation course at a reduced rate pursuant to this paragraph 5. The minimum fee for repeating the Course within the first year after initial enrollment is $975. The minimum fee for repeating the Course during the second year after initial enrollment is $1,175. The minimum fee for repeating the Course during the third year after initial enrollment is $1,425. The minimum fee for repeating the Course during the fourth year after initial enrollment is $1,725. After the fourth year the full course tuition must be paid in order to enroll in THE BERKELEY REVIEW. Course materials ARE NOT included in the repeat fee.
6. Personal Electronic Devices.
All personal electronic devices, including, but not limited to, cellular telephones, laptop computers, tablet computers, iPads or iPods or other MP3 players, video cameras or cameras, tape players, and any other recording device that summons an electronic processor, must be turned off and stored out-of-sight while students are in class.
7. Copyrighted Materials.
I understand that the materials that I will receive during the Course are protected by all applicable copyright, trademark, and unfair competition laws and that any unauthorized use of those materials (including, without limitation, copying or redistributing them) without the written consent of the copyright or trademark owner could subject me to civil or criminal penalties, or both.
8. Collection/Attorneys’ Fees.
If THE BERKELEY REVIEW is required to assign any claim under this Agreement for collection, I agree to pay, in addition to any other sum that I am required to pay under this Agreement, any reasonable costs and expenses incurred by THE BERKELEY REVIEW in such collection efforts. In the event of any action or proceeding arising under or relating to this Agreement, the prevailing party shall be entitled to recover all of its costs and expenses (including, but not limited to, reasonable attorneys’ fees incurred in any such action or proceeding, or in the appeal or enforcement of any judgment attained therein) incurred in connection therewith, regardless of whether the action or proceeding proceeds to final judgment.