Work & Learn Terms & Conditions

National Work & Learn Employer Partner Program Terms & Conditions

“AEGS” has the meaning set forth in the AEGS Cover Sheet.

“AEGS Cover Sheet” means the Cover Sheet signed by both parties that reference these Terms and Conditions, as it may be supplemented from time to time.

“Client” means the party or parties (who will be jointly and severally liable to AEGS) to whom AEGS is to provide services pursuant to this Agreement.

DESCRIPTION OF AEGS’S SERVICES

AEGS is pleased that Employer has chosen to advance culinary education for certain of its employees, herein referred to as “Eligible Employees,” by joining the National Work & Learn Employer Partner Program (“Offering”), which is administered by AEGS.

As part of the Offering, Auguste Escoffier School of Culinary Arts will provide a $2,000 ‘W&L Education Partner Scholarship’ and waive the program application fee when an Eligible Employee becomes a “Participant” by enrolling in one of the diploma or degree programs outlined in the Boulder Student Programs Catalog and the Austin Students Program Catalog at the Auguste Escoffier School of Culinary Arts (excluding Culinary Arts and Operations 78 weeks) (“Programs”) and by complying with rules and eligibility for the ‘W&L Education Partner Scholarship’, which can be found at: https://www.escoffier.edu/admissions-aid/scholarships/ (“Participant”).

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 which comply with applicable laws (including, without limitation, any applicable laws regarding privacy) 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 written prior 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 Participants 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 Participants) 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 Programs to Participants pursuant to this Agreement.

Press Releases and Public Relations. Both Parties recognize that, throughout the duration of this Agreement, either Party may periodically release public statements or engage in public relations activities concerning the association between Employer and AEGS as outlined in this Agreement. Both 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 prior written approval.

Limitation of Liability.  Neither 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 the greater of (i) the annual amount paid by Employer to AEGS, as specified in “Fees and Payment,” and (ii) $1,000.

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

Term.  Initially, except to the extent otherwise provided in the AEGS Cover Sheet, the term of this Agreement (“Term”) will begin on the Effective Date and continue for a term of one (1) year. Unless either (i) a Party notifies the other Party in writing of its desire to terminate this Agreement at least 30 days before the end of the then Term, in which case the Term shall end at the end of the then Term or (ii) the parties agree to an extension for an agreed period, in which case the then Term will be extended for the agreed period, the then 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 Participant then participating in a Program on the day of such termination until such time as such Participant completes the Program in which the Participant was then participating.

Payment for AEGS’s management services

Employer shall pay all fees stated in the AEGS Cover Sheet and/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 shown on the AEGS Cover Sheet and/or any extension thereof and are payable on the terms set forth herein or therein. 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) restrict or suspend Employer’s access to the Licensed Materials until all past-due payments are made, (b) terminate this Agreement, or (c) 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.   Restriction or suspension of Employer’s online access to the Licensed Materials during period of non-payment shall have no effect on the Term of this Agreement nor on Employer’s obligation to pay the Fee.

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 in the AEGS Cover Sheet, all fees, rates, and estimates exclude sales taxes.

Revision Publish Date: 11/30/2023