Work & Learn Terms & Conditions

National Work & Learn Employer Partner Program Terms & Conditions

“AEGS” means Auguste Escoffier Global Solutions.

“AESCA” means Auguste Escoffier School of Culinary Arts.

“AESCA Program” means a diploma or degree programs outlined in the Boulder Student Programs Catalog and the Austin Students Program Catalog at AESCA.

“Agreement” means this agreement, which will be comprised of these Terms & Conditions and the W&L Employer Partner Program Form that you just completed and submitted to AEGS.

“Eligible Employee” of an Employer means any employee, not including independent contractors, of that Employer.

“Employer” means the party or parties that you have listed on the Form.

“Form” means the web-based form, entitled “W&L Employer Partner Program Form,” that you have completed and submitted in order to participate in the National Work & Learn Employer Partner Program.

“Participating Employee” of an Employer means any Eligible Employee of that Employer and selected by that Employer for this National Work & Learn Employer Partner Program.

DESCRIPTION OF AEGS’S SERVICES

AEGS will provide the following services (the “Offering”) to each Employer in manner described in this Agreement:

Program Tiers and Benefits

As part of the Offering, each Employer may choose from the following tiers on the Form:

Education Advocate Tier:

• Employer pays AEGS an annual subscription fee of $500 in the manner provided on the Form.
• AEGS and AESCA waive all application fees otherwise imposed by AESCA on a Participating Employee applying for an AESCA Program under this tier.
• AEGS enables a $1,000 scholarship, to be managed by AESCA and to be awarded to each Participating Employee who enrolls in a AESCA Program, to be used in partial payment of the tuition charged for that AESCA Program.
• AEGS provides account support to Employer.

Tuition Supporter Tier:

• Employer pays AEGS an annual subscription fee of $500 in the manner provided on the Form.
• AEGS and AESCA waive all application fees otherwise imposed by AESCA on a Participating Employee applying for an AESCA Program under this tier.
• Employer has access to a matching scholarship from AEGS, managed by AESCA, for a Participating Employee that is equal to the greater of: (a) that portion of Employer’s existing annual education benefit for that Participating Employee that is used for an AESCA Program under this Agreement and paid to AEGS, and (b) $5,249.
  • Employees who choose to use their employer sponsored education benefits for an AESCA Program and who seek a matching scholarship from AEGS must provide proof of payment to AEGS of the portion of Employer’s existing annual education benefit that is used for the AESCA Program to be eligible for a matching scholarship managed by AESCA which will equal the lesser of (a) the portion of Employer’s existing annual education benefit for that Participating Employee that is used to pay AEGS for that AESCA Program, and (b) $5,249.
    • The matching amount is determined by Employer’s verified annual education benefit contribution for that Participating Employee for an AESCA Program and paid to AEGS. If Employer contributes or pays an amount below $5,249, AEGS will match only that lesser amount.
    • Employer sponsored education benefits are required to be submitted in writing by Employer to AEGS or by Participating Employee to AESCA.
  • If a Participating Employee who chooses not to use their employer sponsored education benefits for an AESCA Program under this Agreement, that Participating Employee remains is eligible for the $1000 scholarship managed by AESCA under Tier 1.
• AEGS provides Employer complimentary access to the ESource Video Library.
• AEGS provides Employer a discounted rate for virtual career fair participation.
• AEGS provides account support to Employer.

Education Champion Tier:

• Employer pays AEGS an annual subscription fee of $500 in the manner provided on the Form.
• AEGS and AESCA waive all application fees otherwise imposed by AESCA on a Participating Employee applying for an AESCA Program under this tier.
• Employer has access to a matching scholarship from AEGS, managed by AESCA, for a Participating Employee to that of the Employer’s existing annual education benefit for employees, which meets the federal maximum $5,250, and that is used for an AESCA Program under this Agreement.
  • Employees who choose to use their employer sponsored education benefits for an AESCA Program and who seek a matching scholarship from AEGS must provide proof of payment to AEGS of the portion of Employer’s existing annual education benefit that is used for the AESCA Program to be eligible for a matching scholarship managed by AESCA which will equal the lesser of (a) the portion of Employer’s existing annual education benefit for that Participating Employee that is used to pay AEGS for that AESCA Program, and (b) $5,250.
    • The matching amount is determined by Employer’s verified annual education benefit contribution for that Participating Employee for an AESCA Program and paid to AEGS. If Employer contributes or pays an amount below $5,250, AEGS will match only that lesser amount.
    • Employer sponsored education benefits are required to be submitted in writing by Employer to AEGS or by Participating Employee to AESCA.
  • If a Participating Employee who chooses not to use their employer sponsored education benefits for an AESCA Program under this Agreement, that Participating Employee remains is eligible for the $1000 scholarship managed by AESCA under Tier 1.
• AEGS provides Employer complimentary access to the entire ESource learning suite.
• AEGS provides Employer complimentary access to virtual career fairs as an exhibitor.
• AEGS provides Employer a custom Work & Learn portal webpage for employees.
• AEGS provides Employer account support from AEGS.

Acceptance of Terms

By completing the checkout process and paying the $500 annual subscription fee, Employer acknowledges and agrees to terms and provisions of this Agreement, including these Terms and Conditions. No additional signature or cover page is required for this Agreement to be binding.

Benefit Promotion

AEGS and Employer agree to work together to develop appropriate procedures to communicate the benefit to employees and prospective employees through Employer and AEGS communication channels.

Sharing of Information

AEGS and Employer shall coordinate to establish procedures that comply with applicable laws (including, without limitation, any applicable laws regarding privacy such as FERPA – Family Educational Rights and Privacy Act) to enable AEGS and Employer to share information relevant to the purposes of this Agreement.

Use of Name, Trademarks, and Marketing Materials by Employer

All use by Employer of AEGS and Auguste Escoffier School of Culinary Arts names, and all of their trademarks, trade names, and copyrighted materials, by Employer (including, without limitation, use in your internally distributed materials) shall be subject to the prior written approval of AEGS. To the extent such approval is granted, you shall have a limited, revocable license for such approved use for the period during which Participating Employees are eligible to participate in the Programs pursuant to this Agreement.

Use of Employer Name, Trademarks, and Marketing Materials by AEGS

All use of the name of Employer, and all of its trademarks, trade names, and copyrighted materials, by AEGS (including, without limitation, use in any web portal or Program component developed specifically for Participating Employees) shall be subject to the prior written approval by Employer. To the extent such approval is granted, AEGS shall have a limited, revocable license for such approved use for the term during which it provides AESCA Programs to Participating Employees pursuant to this Agreement.

Press Releases and Public Relations

Both Parties recognize that, throughout the duration of this Agreement, any party may periodically release public statements or engage in public relations activities concerning the association between Employer and AEGS as outlined in this Agreement. All parties commit to collaborate on such activities, upon reasonable request. Any communications, whether through public relations, social media, or other public channels, that explicitly mention “Auguste Escoffier School of Culinary Arts” shall require AEGS’s and AESCA’s prior written approval.

Limitation of Liability

No party is liable for indirect, special, incidental, punitive, or consequential damages, including lost profits, regardless of the cause or if advised of the potential of such damages. Each party’s total liability under this Agreement is limited to $1,000.

Each of the Employers that you list on the Form will be jointly and severally liable to AEGS under this Agreement.

Term

The term of this Agreement (“Term”) will begin on the Effective Date, which is the date the Employer completes the checkout process and pays the $500 annual subscription fee. The Term will continue for a period of three (3) years, with the annual subscription fee due on the same date each subsequent year. AEGS reserves the right to adjust the annual subscription fee, with any changes to be communicated to Employer at least 30 days in advance of the start of the applicable contract year. Unless either (i) a party notifies the other parties in writing of its desire to terminate this Agreement at least 30 days before the end of the then-current Term, in which case the Term shall end at the end of the then-current Term, or (ii) the parties agree to a one-year extension, in which case the then-current Term will be extended for an additional year. No refunds or credits will be issued for partial terms. Notwithstanding the foregoing, Employer shall be permitted to, without cause and without penalty, terminate this Agreement at any time by providing AEGS with thirty (30) days prior written notice. Employer agrees to continue participation in the Offering as it relates to a Participating Employee then participating in an AESCA Program on the day of such termination until such time as such Participating Employee completes the AESCA Program in which the Participant was then participating.

Governing Law

This Agreement shall be governed by the laws of the State of Illinois, without regard to its conflicts of law principles.

Payment for AEGS’s Management Services

Employer shall pay all fees stated during the checkout process or any extension thereof and any other fees applicable to the Services as provided herein or therein (the “Fees”). All Fees are due at the times and in the amounts specified during the checkout process and are payable on the terms set forth herein. If no payment schedule is specified for any Fee, the entire amount shall be payable within 30 days of AEGS’s transmission to Employer of an appropriate invoice. All amounts payable by Employer under this Agreement will be paid to AEGS without setoff or counterclaim, and without any deduction or withholding. AEGS’s acceptance of partial payment or any payment of less than the full amount payable at any given time shall not constitute a waiver or release of AEGS’s right to unpaid amounts.

If Employer fails to timely make any payment of Fees, AEGS may, in its sole discretion, take any or all of the following actions: (a) terminate this Agreement, or (b) accelerate the payment of Fees such that all unpaid Fees shall be immediately payable. AEGS shall have the right to charge interest at the rate of 1.5% per month (or, if less, the highest rate permitted by law) on any late payments.

Employer is responsible for any applicable taxes, including, without limitation, any sales, use, levies, duties, or any value added or similar taxes payable with respect to Employer’s receipt of services and assessable by any local, state, provincial, federal, or foreign jurisdiction. Unless expressly specified otherwise during the checkout process, all fees, rates, and estimates exclude sales taxes.

Revision Date: 9/27/2024

Revision Publish Date: TBD