CANCELLATION, WITHDRAWAL AND REFUND POLICY

1. Definitions

For purposes of this policy:

“SAM” means the S.A.M. New York learning center identified in the Student’s enrollment agreement and any other S.A.M. New York learning center designated by SAM as participating in a common enrollment system.

A “First-Time Student” is a student who has never previously attended a class at a participating SAM center and has never previously used SAM’s introductory trial period.

A student who previously attended any Fall, Spring or Summer class at a participating SAM center, or who previously used the introductory trial period, is a “Returning Student.” Returning Student status does not expire because of a break in enrollment.

Merely completing an application, assessment, placement evaluation or registration process, without attending a SAM class or using the introductory trial period, does not make a child a Returning Student.

A “Scheduled Instructional Meeting” is a class meeting included in the Student’s enrollment schedule and made available by SAM, whether or not the Student attends. Published non-instructional closures and meetings cancelled by SAM do not count as Scheduled Instructional Meetings unless SAM provides a replacement meeting.

For a student who enrolls after a semester has begun, “Session 1” means the first Scheduled Instructional Meeting made available to that Student following enrollment. Subsequent sessions are counted from that meeting, regardless of the course’s original calendar numbering.

The “Renewal Charge Date” is the date disclosed in the enrollment confirmation or subsequent renewal notice on which SAM expects to charge tuition for the next automatically renewing semester.

2. Written Cancellation and Non-Renewal

Cancellation or withdrawal must be submitted in writing. Notice may be submitted:

• through SAM’s online cancellation mechanism;
• by email to the cancellation or contact address published by SAM;
• by postal mail to the SAM NY UES center; or
• by written notice hand-delivered to the front desk.

Cancellation is effective when received by SAM, not when mailed or transmitted.

SAM will provide a retainable acknowledgment of cancellation, ordinarily within two business days after receipt. A cancellation request is not rendered ineffective solely because SAM fails to provide or the parent or guardian fails to receive that acknowledgment.

A parent or guardian may submit either:

1. a current-semester withdrawal, which ends the Student’s current enrollment subject to the applicable refund rules below and also terminates future automatic renewal; or
2. a non-renewal notice, which prevents renewal for the next semester but does not withdraw the Student from the current semester.

A payment dispute, stopped payment or chargeback does not constitute cancellation or non-renewal. A parent or guardian wishing to cancel enrollment or automatic renewal must separately provide notice through one of the methods listed above.

3. Tuition and Refund Calculations

Unless this policy expressly provides otherwise:

• refund calculations are based on the net tuition actually paid or payable after applicable discounts, scholarships or promotional adjustments;
• separately disclosed registration, enrollment or assessment fees are non-refundable once the applicable registration, enrollment or assessment service has been provided;
• a separately disclosed materials fee is non-refundable once the materials have been ordered, issued or made available for the Student; and
• no fee will be treated as non-refundable unless its non-refundable nature was disclosed before payment.

When a refund is calculated by Scheduled Instructional Meeting, the per-meeting tuition amount is determined by dividing the net tuition charged for the Student’s enrollment period by the number of Scheduled Instructional Meetings included in that charge.

Nothing in this policy limits any cancellation or refund right that must be provided under applicable law.

4. Fall and Spring — First-Time Students

Fall and Spring each ordinarily consist of 18 Scheduled Instructional Meetings.

Before the first meeting

If SAM receives cancellation before the Student’s first Scheduled Instructional Meeting begins, 100% of semester tuition will be refunded.

Introductory trial period

The Student’s first two Scheduled Instructional Meetings constitute the introductory trial period. A Scheduled Instructional Meeting counts toward the introductory trial period whether or not the Student attends.

If SAM receives cancellation before the Student’s third Scheduled Instructional Meeting begins, 100% of semester tuition will be refunded, subject to the provisions above concerning separately disclosed fees.

Withdrawal after the introductory trial period

After the third Scheduled Instructional Meeting begins, a First-Time Student may withdraw on four Scheduled Instructional Meetings’ notice.

The four-meeting notice period begins with the first Scheduled Instructional Meeting scheduled to begin after SAM receives the cancellation. The Student remains enrolled during the notice period and may attend those meetings. The Student remains financially responsible for all four meetings whether or not the Student attends.

SAM will refund the portion of net semester tuition attributable to Scheduled Instructional Meetings remaining after the four-meeting notice period.

If four or fewer Scheduled Instructional Meetings remain after SAM receives cancellation, no tuition refund is due.

5. Fall and Spring — Returning Students

For a Returning Student, the following refund schedule applies to the net tuition charged for that Student’s enrollment:

• Before Session 1 begins: 100% tuition refund.
• At or after Session 1 begins, but before Session 3 begins: 75% tuition refund.
• At or after Session 3 begins, but before Session 5 begins: 50% tuition refund.
• At or after Session 5 begins, but before Session 7 begins: 25% tuition refund.
• At or after Session 7 begins: No tuition refund.

The applicable percentage is determined by when SAM receives written cancellation, regardless of how many of the Scheduled Instructional Meetings the Student attended.

6. Summer — First-Time Students

Summer ordinarily consists of 12 Scheduled Instructional Meetings delivered on an accelerated schedule.

Before the first meeting

If SAM receives cancellation before the Student’s first Scheduled Instructional Meeting begins, 100% of Summer tuition will be refunded.

Introductory trial period

The Student’s first two Scheduled Instructional Meetings constitute the introductory trial period. Each such meeting counts toward the trial period whether or not the Student attends.

If SAM receives cancellation before the Student’s third Scheduled Instructional Meeting begins, 100% of Summer tuition will be refunded, subject to the provisions above concerning separately disclosed fees.

After the introductory trial period

At or after the beginning of the Student’s third Scheduled Instructional Meeting, Summer tuition is non-refundable.

7. Summer — Returning Students

For a Returning Student enrolled in Summer:

• cancellation received at least 14 calendar days before the first Scheduled Instructional Meeting begins: 100% tuition refund;
• cancellation received fewer than 14 calendar days before the first Scheduled Instructional Meeting begins, but before that meeting begins: 50% tuition refund; and
• cancellation received at or after the first Scheduled Instructional Meeting begins: no tuition refund.

Summer enrollment is always opt-in and does not automatically renew.

8. Mid-Semester Enrollment

A student who enrolls after a semester has begun may be charged tuition based on the number of Scheduled Instructional Meetings included in the Student’s remaining enrollment period.

This adjustment is a proration of the initial enrollment charge. It is not a refund or credit for classes missed before enrollment.

For purposes of the cancellation provisions above, the Student’s first Scheduled Instructional Meeting following enrollment is treated as Session 1. Any percentage refund is applied to the net prorated tuition charged for the Student’s enrollment period, not to the tuition for the original full semester.

9. Published Non-Instructional Closures

Thanksgiving week and Winter break are published non-instructional periods. These periods are excluded from the Scheduled Instructional Meeting count and are reflected in semester tuition. No credit or refund is provided for these scheduled closures.

If the published Summer calendar includes an interruption for July 4, July 5 or another identified holiday, any applicable replacement instructional meeting will be included in the published Summer schedule.

10. Cancellation or Course Discontinuation by SAM

If SAM cancels a Scheduled Instructional Meeting other than a published non-instructional closure, SAM will first use reasonable efforts to provide a replacement instructional meeting.

If SAM cannot reasonably provide a replacement, SAM will provide an appropriate proportional tuition credit or refund for the meeting SAM did not provide.

If SAM permanently cancels a course or is unable to provide the remaining Scheduled Instructional Meetings, SAM will refund the portion of net tuition attributable to the meetings SAM does not provide.

11. Automatic Renewal

Unless the parent or guardian elects otherwise during enrollment, Fall enrollment automatically renews for the following Spring semester, and Spring enrollment automatically renews for the following Fall semester. Enrollment does not automatically renew into Summer.

Before obtaining consent to automatic renewal, SAM will clearly disclose:

• that the enrollment will renew automatically;
• the semesters subject to renewal;
• the tuition or method for determining tuition;
• the payment frequency;
• the Renewal Charge Date or method for determining that date;
• the deadline for preventing renewal; and
• the available cancellation mechanisms.

SAM will obtain the parent’s or guardian’s affirmative consent to automatic renewal and will provide a retainable acknowledgment containing the renewal and cancellation terms.

SAM will ordinarily provide a renewal reminder at least 14 calendar days before the Renewal Charge Date. The reminder will state the Renewal Charge Date, renewal tuition, payment schedule and instructions for preventing renewal.

To prevent the next renewal charge, SAM must receive non-renewal or cancellation notice before the Renewal Charge Date stated in the enrollment confirmation or renewal reminder. If timely notice is received, SAM will not process the renewal charge.

If SAM proposes to increase tuition or otherwise materially change the renewal terms, SAM will provide advance notice and obtain any affirmative consent required by applicable law before charging the increased amount. If the required consent is not obtained, SAM will not automatically charge the increased amount.

If cancellation is received after a renewal charge has been processed, refund eligibility for that semester is determined under the First-Time or Returning Student refund rules above, as applicable.

A current-semester withdrawal also terminates future automatic renewal unless the parent or guardian subsequently re-enrolls or affirmatively requests continued enrollment.

SAM will provide an online cancellation mechanism and any other cancellation method required by applicable law. Cancellation will not be conditioned on providing a reason, speaking with a retention representative or accepting an alternative offer.

12. Returned or Dishonored Payments

A check, draft or other payment instrument covered by applicable law that is returned or dishonored may be subject to a returned-payment charge not exceeding the lesser of:

• $20;
• the returned-payment amount agreed to by the payer; or
• the maximum amount permitted by applicable law.

Any returned-payment charge must have been disclosed before payment. A fee charged directly by a payment processor or financial institution is governed by that provider’s terms and applicable law.

The underlying tuition and any other valid amount remain due despite the returned or dishonored payment.

13. Payment Disputes

A good-faith billing dispute, stopped payment or lawful chargeback does not, by itself:

• constitute cancellation or non-renewal;
• resolve the underlying enrollment obligation; or
• constitute a breach of this policy.

SAM may seek payment of valid and undisputed amounts that remain due.

After reasonable notice, SAM may suspend a Student’s participation or decline or condition future enrollment because of an unpaid valid balance. SAM will not take such action solely because a parent or guardian asserted a good-faith billing dispute that remains under reasonable investigation.

14. Refund Method and Timing

Approved refunds ordinarily will be returned to the original payment method when reasonably practicable.

SAM will ordinarily initiate an approved refund within 10 business days after receiving the cancellation and determining the refundable amount. The time required for a bank, card issuer or other financial institution to post the refund is outside SAM’s control.

If the original payment method cannot reasonably accept the refund, SAM may issue the refund through another reasonable method after confirming the recipient’s identity.

15. Applicable Law

Nothing in this policy waives or limits any cancellation, refund, payment-dispute or consumer-protection right that cannot lawfully be waived or limited.

If a provision of this policy conflicts with applicable law, the applicable law will control, and the remaining provisions will continue to apply to the fullest extent permitted.