EbonyLife Creative Academy (hereafter the ‘ELCA’, ‘Us’ or ’Our’) staff are available to offer advice to the applicant (hereafter ‘You’ or ‘Your’) by telephone or in person in relation to the courses offered by the ELCA. Your application to the ELCA, examinations set by the ELCA and entrance criteria required by the ELCA are subject to the matters set out in these terms and conditions, but it is Your own responsibility to ensure at all times that Your application and other entrance criteria of whatever nature are in order and received by the ELCA by the appropriate closing dates.
1. You shall only be able to apply for any of the 8 (eight) courses offered by ELCA online.
2. The ELCA reserves the right to change (such changes to be notified to You as soon as reasonably practicable) dates or times in relation to any matter concerning the ELCA in order to facilitate or improve the provision of the courses offered by the ELCA and any examinations set by the ELCA and entrance criteria required by the ELCA but any such changes shall not affect the other terms and conditions of the Agreement You enter into with the ELCA.
3. The ELCA’s written and electronic communication materials are correct at the time of publication but are subject to alteration by the ELCA and does not form the basis of a legally binding agreement between You and the ELCA.
4. You shall receive written notification from the ELCA that You have been accepted upon a course offered by the ELCA (the ‘Course’).
5. Together with the written notification from the ELCA that You have been accepted upon the Course shall form a legally binding agreement between You and the ELCA on these terms and conditions (the ‘Agreement’) and that You shall (1) comply at all times with these terms and conditions and (2) comply at all times with any other terms and conditions as specified in the written notification of acceptance upon the Course or as notified to You by the ELCA from time to time.
6. From the point of being accepted upon a course You must abide by all ELCA policies, processes and handbooks.
6.1 Prior to or following the commencement of all other Courses, the ELCA shall provide You with (either written or verbal) a Course outline and details of the subjects offered on the Course.
6.2 The ELCA reserves the right to revise its policies, processes, handbooks, Course outlines and Programme Specifications (such revisions to be notified to You as soon as reasonably practicable) which shall each form and be part of the Agreement between You and the ELCA.
7. ELCA shall have the sole discretion in the selection process of students and participants in any of it’s courses, programmes, sessions etc.
8. You shall (1) be on time for and attend all lectures, practical sessions, practical exercises, examinations and tests provided and specified by the ELCA (2) submit projects and written assignments as required and as specified by lecturers and tutors at the ELCA and (3) promptly and faithfully comply with all the ELCA’s reasonable directions, requests, rules and regulations.
9. If You do not comply with the: (1) policies and/or procedures set out above and the Student Handbook and/or (2) the matters set out in paragraph 7 above the ELCA has the right to terminate the Agreement between You and the ELCA and to terminate Your attendance on the Course and to require You to leave the ELCA.
10. In and to the work You carry out on the Course or at the ELCA, including but not limited to practical exercises, projects, written assignments, treatments, screenplays, still photographs, artwork, filmed scenes, showreels and short films and all other material created by You and Your participation on the Course including any performance and the filming and recording of You as an individual and Your voice (the ‘Work’), You hereby in perpetuity irrevocably:
10.1 assign to the ELCA with full title guarantee the entire copyright (present and future) and all other right, title and interest of whatsoever nature (vested or contingent) and all subsidiary and ancillary rights (including student film festivals and short film festivals) throughout the world for the full period of copyright and for all renewals and any extensions and renewals of the same by any and all means and in all media now known or hereafter devised.
10.2 waive all moral rights conferred on You pursuant to the Copyright Act 1990 and all other rights of a similar nature to which You have become or shall become entitled pursuant to current or future legislation anywhere in the world; and
10.3 confirm that the assignment of rights is free from all liens and encumbrances and includes the assignment of all rental and lending rights and shall not seek to enforce any rights to equitable remuneration in respect of any rental and lending rights which may accrue pursuant to the Copyright Act 1990 (together the ‘Rights’).
11. You warrant that You are and shall be the sole owner of the Work which is wholly original to You and to the best of Your knowledge nothing in the Work does or shall infringe the copyright or any other rights including any rights of confidentiality or privacy or defame any third party including but not limited to students and tutors at the ELCA.
12. You grant to the ELCA the right but not the obligation to use and to authorize others to use Your name, reproductions of Your physical likeness, film and recordings of Your voice and Your biography in connection with the advertisement, publicity, exhibition and exploitation of the Work and all subsidiary and ancillary rights.
13. In circumstances where You wish to use or show the Work to any third party, including but not limited to submissions or applications to academic institutions or employers, showreels, student film festivals and short film festivals, You shall request such use in writing to the ELCA who may grant consent or refuse Your request in writing, such consent not to be unreasonably withheld.
14. No breach of this Agreement by the ELCA shall entitle You to terminate or rescind the Rights and You hereby waive the right in the event of any such breach to damages or equitable relief or to enjoin, injunct, restrain or interfere with the Rights or the production, distribution, exploitation, exhibition or use of the Work.
15. The ELCA shall secure in the ELCA’s name or otherwise at the ELCA’s own expense insurance covering You independently or together with others and You shall not have any right, title, or interest in or to such insurance. The ELCA shall not be liable for any loss of or damage to Your clothing or other personal property whether such loss or damage is caused by negligence or otherwise except to the extent that the ELCA receives compensation from an insurance company or other third party.
16. You shall not issue any publicity relating to or otherwise reveal or make public any financial, creative or other confidential information in connection with the Work, the Course or the ELCA or our business.
18. Any notices required to be given under this Agreement shall be in writing by first class mail and shall be sent by the parties to the addresses set forth in the written notification of acceptance upon the Course.
19. The ELCA may assign or license this Agreement to any third party, the ELCA’s successors, assignees and licensees. This Agreement contains the entire agreement of the parties and may only be varied by written instrument signed by both parties.
20. Any event beyond the reasonable control of the ELCA is a Force Majeure Event. Force Majeure Events shall include (but are not limited to) such events as an act of God, fire, flood, storm, other natural disaster, nuclear disaster, threat of war, war, riot, civil unrest, act of terrorism, strikes, industrial action and disputes, outbreak of epidemic or pandemic disease, failure of utility service or transportation. If the ELCA is prevented from or delayed, or otherwise materially impeded, in carrying out any of its obligations under this Agreement by a Force Majeure Event, it shall promptly notify You in writing and shall be entirely excused from performing those obligations while the Force Majeure Event continues.
The ELCA will, in its absolute discretion, be entitled to take such steps as it considers appropriate to minimize or to mitigate the effects of the Force Majeure Event, including (but not limited to) varying the method of delivery of courses and amending the curriculum. If the Force Majeure Event continues for more than 28 days, the ELCA will promptly notify You of the steps it proposes to take to minimize or to mitigate the effects of the Force Majeure Event.
21. Participants must be 18 years or older. A Participant hereby warrants and represents that he/she is:
21.1 At least 18 years old and eligible to participate in the training program in the same manner as being eligible to enter into valid contracts under the law.
21.2 Participating voluntarily
21.3 Have perused and have a clear understanding of the Terms and Conditions of the training program.
22. ELCA reserves the right to verify the eligibility of participants which will also include confirmation of details of participants as registered. Participants hereby agree that personal data supplied when applying for the training program may be used by the Organizer to monitor participation during the program and to evaluate improvements.
LAW & JURISDICTION
This Agreement shall be governed by Laws of the Federal Republic of Nigeria and the parties shall submit to the exclusive jurisdiction of the Nigeria court.