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NHSC OCCASIONAL PAPER

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ollment cts for tudy ols

NATIONAL HOME STUDY COUNCIL
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1601 18TH STREET, N.W. WASHINGTON, D.C. 20009 (202) 234-5100

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Introduction
Enrollment agreements, also known as contracts or applications, serve as both legal documents and marketing tools. According to The American Law Institute, "A contract is a promise or a set of promises, for the breach of which the law gives a remedy, or the performance of which, the law in some way recognizes a duty." Chief Justice John Marshall said it in a simpler way: "A contract is an agreement in which a party undertakes to do or not to do a particular thing." The student enrollment contract is the single most important form a school will ever prepare. In the planning, wording and design of the contract, you are telling the prospective student exactly what you, as a school, intend to do for him or her. You are also teIJing this individual what you expect him or her to do in return. You must be explicit in your instructions so that there is not shadow of a doubt what is expected of both parties.

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NHSC OCCASIONAL PAPER NUMBER 6

by
William Wright, President American School, Chicago, Illinois

What is a Home Study

Contract?

A home study contract is basically the same as any standard contract that offers a service to an individual. The one basic difference is that a home study contract is not only a legal document, but it is also a marketing tool the same as a brochure, catalog or piece of advertising material. The ideal contract should take the prospective student just a few moments to read and comprehend. It should contain as few hand manipulations as possible. A "hand manipulation" is handwritten or filled-in information on the contract, i.e., every time a pen is placed on a contract to write a name, address, check a box, fill in a number, etc. The contract should be attractive. It should create a positive emotional reaction in the mind of the prospective student. It should be inviting. It should list the obligations, rights and responsibilities of the school and the student. Avoiding legal jargon is a plus in a home study contract. It should contain simple and understandable language

Published by the National Home Study Council, Washington, D.C.

June 1992

NHSC OCCASIONAL PAPERS are essays intended to stimulate and encourage candid exchanges of ideas between home study professionals. For a complete set of Occasional Papers, write or call the NHSC.

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whenever possible. Above all, it should facilitate, not hinder, an enrollment decision by a student. Nearly every state and several federal agencies have statutes and regulations for school contracts. Many of these regulations prescribe such special requirements as type size, addresses of agencies, specifically worded refund policy provisions, cancellation notices and even the title for the contract itself. Depending upon the requirements of the state in which your school resides, the method used to enroll students, and the location of your students, you may well have to have more than one enrollment contract. In most cases a school enrolling students solely by mail should have an enrollment agreement that is in compliance with the laws and regulations of the state where the school is located. In some cases, however, the students' state of residency may have provisions that apply only to students residing in that state which would not apply to the school or students who live in other states. Thus, it might be necessary to have a contract specifically for the state in which you are domiciled and another contract for students who are enrolled from other states. Additionally, if your contract lists tuition plans which include finance charges, it may be necessary to have contracts which comply with the usury laws of the various states whose laws may apply. Furthermore, recent court decisions tend to indicate that certain consumer law contract provisions might apply to agreements with students enrolled by mail in other states, even though the "education" laws and regulations of those states would not apply. Also, as a general rule, if a school uses sales representatives to enroll students (even though the final acceptance of the student's enrollment contract takes place at the school's main office) the laws and regulations of the state where the student is enrolled probably apply. This often requires that the school use an enrollment contract that is in compliance with (and possibly approved by) the state where the student is enrolled. It is conceivable that a school with sales agents in 50 states and the District of Columbia, would have to use as many as 51 different enrollment agreements.

How Do You Start?

It is important to note that before designing a contract you should be familiar with the various laws and regulations established by state and federal governments. This can be accomplished by contacting the staff at the National Home Study Council in Washington, D.C. The Washington staff maintains a current listing of the various states and federal agencies and summaries of state regulations. You should also review thoroughly the National Home Study Council's Business Standards before going ahead with your contract. It is also useful to review the questions in the Accrediting Commission's "Examiner's Rating Form." Here you will find references to enrollment contracts and what they should contain. It is also recommended that someone on the school's staff enroll in the NHSC Business Standards course. There are other items to be taken into consideration when preparing a contract. Within one state, for example, there may also be provisions concerning consumer protection legislation, laws of contract, laws regulating banking and finance, and laws on taxation. each of which may be administered by a different state agency. At the federal level there are VA regulations and policies, Federal Trade Commission guidelines, truth in lending requirements, postal regulations, Department of Education provisions for federally funded programs and possibly other requirements that should be taken into account. The National Home Study Council's Accrediting Commission Business Standards also call for the inclusion of specific provisions, particularly in the area of tuition cancellation and refund. If all this sounds mind boggling, have no fear. Creatively written and designed enrollment forms can be developed which can satisfy your legal counselor, the marketing manager and the prospective student. If you will follow the stockbroker's theme song which is "Investigate thoroughly before you invest," you should have no difficulty in writing a contract which meets all of the legal criteria and at the same time becomes an attractive marketing tool that can be easily understood by your prospective students.

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What

Should a Contract Satisfy?

_6.
_7.

Student's address
Name of course

There are five areas which a good contract should satisfy. They are to:

1.
2. 3. 4. 5.

serve as a legal document spelling out what you intend to do for the student and what the student's obligation is to you; keep the contract as brief and simple and understandable as possible for the student;
write it from a positive point of view so that it does not have a negative impact on the reader; be attractive from an artistic point of view carrying "your message" and "your image" to the prospective student; and have as few hand manipulations as possible so that the prospective student does not get writer's cramp or become discouraged when filling out the form. Keep in mind that many high school graduates these days have difficulty filling out a driver's license application.

_8.
_9.

Enrollment prerequisites
Necessary information about the student's educational and experiential background for the school's home office to determine whether a student is "qualified" to enroll in the course

10. Statement

of school's obligations (including course objectives, course contents, postage obligations, etc.) Statement of student's obligations (including submission schedule, etc.) lesson

II.

12. Student's signature

13. If Guarantor is required, Guarantor's statement of Guarantor's obligations signature and

What

Should

be Included?
-

14. Indication of school's acceptance of the agreement (may be a signature and a date block on the form, or form may be stamped by home office)

In order to write an effective contract, the National Home Study Council has prepared a checklist of items to be included in a student enrollment contract. These items are:

15. "AccreditedSchool"seal
16. A form number or date to identify the particular edition of the contract 17. School's cancellation and settlement policy, and how students may cancel 18. Applicable cooling off notice; varies from state to state

_2. _3.

1.

A heading, indicating that the document is or becomes a contract or enrollment agreement School name School address

G.!. Bill

4. _5.

Date enrollment is signed by student Student's name

19. Block to be checked if student wants to enroll under the G.\. Bill

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20. Re-affirmation notice form for G.!. Bill enrollees

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What Not to Include

These provisions may not be included in an accredited school's contract: I. "Return of texts or equipment in good condition" cannot be required as a condition for refunding tuition. Charging students in one area more/less tuition than students in another area at the same time. The total course price must be the same for all students at a given time. Special pricing plans (discounts) should not be made on an open-ended basis. Price offers must have a date of termination stated. Use of a cancellation clause that is "not equal to or better than" the NHSC cancellation clause unless different language is mandated by a state or federal agency. A student may request cancellation in any manner. You cannot demand that a student request cancellation by certified mail, letter, etc., in order to obtain a refund. The maximum registration fee, regardless of the course price, is $150.00 Asking for pre-enrollment literature. fees before sending all pertinent

FTC Regulations

_22.
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21. Holder in Due Course Notice (also known as Preservation of Consumer's Claims and Defenses)
FTC Cooling off period for door-to-door not apply to mail or telephone sales) sales (Does

2.

23. Compliance with Regulation B, Equal Credit Opportunity Act

24. Compliance with Regulation Z, Truth in Lending (applies to courses which permit students to pay tuition in more than four installments, excluding the down payment)

3.

4.

financial

information 25. Total price of course Amount of down payment 5.

_26.

27. Payment terms

28. financial disclosures (see #25)

6.

7. 29. Amount of other charges (sales tax, insurance fees, room and board, extension fees, etc.) 8. 30. Separately state prices and cancellation policies for home study and required resident training courses.

Keep in mind that all items may not be necessary in your contract since you may be exempted from some items because of the way your school is organized or how it operates.

Including the registration fee in the amount of tuition a school may retain. The registration fee must be subtracted from the total course price before calculating the tuition that the school may retain.

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Sample

Enrol1ment

Contract

The following are sample copies of enrollment contracts. They are not intended to be all inclusive contracts which you must use. It sbould be used as a "checklist" in order to gauge whether or not you

.
(;

,eluded all relevant

information

and legal items.

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Conclusion
The above may seem like an awful lot of "things" to include in your contract, but if you follow the instructions as outlined here, you can and will produce a document that will get results. As a final point, it is suggested that you have your proposed contract examined by your legal counsel and by the NHSC staff before printing it.

Sample Contract
(Note: For illustrative purposes only--not legal counsel when preparing a contract,) intended as legal guidance, Consult with your

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FIRESIDE ACADEMY
1:34 Firsl Street, Chkago, Illinois (,O(,S7Tei<phone 31:.'::'::;;.J: 12 Special Opportunity Enrollment Application: with to.nay' Money-Back Pro'ision

"""' "co'

Reierence

Material:
I,
1M'.) 1M".) 1M..)

'

NHSC Busincss Standards NHSC Business Standards Home Study Course

Examiner's Rating Form

""h
(pn" Nam.)

to cnroll in your Computer.Bascd Accounting Cou"c

Add'...

c,~
under the headtng. "My Spw'l Adv,n"'gC!.,'

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All Institutions Claims, FTC

(Accrediting

Commission

I understandthat 1am to rewve all "'"'. sludy gUIdes.tnstruaion and gradmg """"" a; expl.ined in detail on
the back of this sheel

form)
Preservation of Consumer

Check the T"l1on P],n You Wanl.

[)

I wanl to pay Ihe Sl/,WOO

IUtl,on in fuO.

0
,

Cooling Off Period

Door to Door Sales, FTC Act, FTC

50... '".

I wanliO pay hy Ihe e",y pavmenl plan-S] :9.00 as m~' down paymenl ,nd S119.00 ",eh month for :~ monlhs, wllh paymenl I"" Si.1.00 (See be]ow fo, eomp]CIC de:a;t> about payment hy terms.)

Equal Credit Opportunity

Truth in L<nding Disclosures

Truth in Lending Regulation Z, FTC Consumer Protection Laws, Your state regulatory body, To obtain FTC documents, call 202-326-2222.

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Yo", """ roonthl) po)ment will be 'ue ,0 "'Y" or more ,f,,, "0"' ,".olimeno 'pee me" ""'ep"d Yo" o.h" mont",y p,y'men" will h,due on,h,"ro, "'y 01 ,h,monoh" "'" p'ymen: )0"' Th""" Rm"IM"lImen, Con,,01 .h,T..'h ,,' in Lendin. Disclos""s on ,hi. ,.roemen, 'pply Yo, will "ceiv<' copyof .his ,.ro,m,no when Y'o",enrollmenois ''''''p''d by ,he schooi ]f 'hIS '1",m,nl by ,h, school,,11mone) you h,ve p'" '0 ,heschoolw,lI '" promp']) rdund,d. i. noo'''''p'''

Yo", Si,,,,..,.,

Yo",".n""e
'1re,ment.

"']ow ,how> youhove 'nd u,d,,,,,,d ,he'erm.. thor ",d o",linedonholh.idesof IhlS
o( '1e, "" "gu",no01'. ,",c"o, 0' ,he boo' of 'hIS "cr"m,n,

]f you ore under 1~ )"'"

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S'gna,er.

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",,,sneo ,h" wHh

So""'"Roo'"'''' "'.

Fireside Academy's LiI",ral Tllition S<l1lement polic)

The Ftrcstde Acodemy believ" you w,11he eomp""ly d"conl1nue your "udiC!..the Ae>dcmy ha.. e".bli,hed lion. A cou"". If for ;on) oea.<onyou 010<1'0

Ih" lihe..1",nccllallon and "fund polley for your protcc-

Studentmoy termm"e on enrollmc/1l t ony "me by nOllfy,n>Ihe Ac::Jdemy any manner: a m

whICh the enrollment agoeement's SIgned, an 'prlic;,"1 g""en a "Iund of ,II money p.lOd'0 the ACo,dem). oeque"lng d" on Colnceli,,,on wHhln th" lime w,]1 oe .

1. If FireSide Acodemy is OOlif"o of concell'lIon w"h,n ter. colendor do" af"r m,dPlgh' ollhe

..

From ten "')cndor

the lime

doys of", m,dn'ghl of Ihe day on

recc>v,"-, 'he I,rs' comrleoed

whoC,

Ihe enrollmer,: agreemenl

(10".. the >!udenl.

"Slgneo
upon

Ihe Ac.'demy

],"-'-'010 ""'gnmcn,

and um,l ",mcd]."oo.

the

Academy

IS en",led

',

reg""o"on

fce of SI.<O.

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3. Mler IheA"'IdemyreceIvesIhe rl'" compleledlessona"Ignmenland unlillhe Sludenlcompleleshalfor

111e u"e. If Ihe studenl rcques!> "'lneellalion. Ihe school sh:lUbe enlilled 10 Ihe registration fee and w charge whIch shall nol exceed Ihe following: a. b. c. 4. Up 10and includmg wmplelion of Ihe firsl 10% of Ihe course. 10% of Ihe lutlion minus Ihe amounl of Ihe registratIon fee. After completing more Ihan 10% of Ihe course and up 10 and Including comple\lon of 25% of Ihe course. 25% of Ihe luition mmus the amounl of the registration fee. After completing more than 25% of the course up 10and including complelion of 50% of Ihe course. 50% of Ihe tuition minus Ihe amounl of Ihe regL'tration fcc.

ENROLLMENT
IT'S EASY TO ENROLL! Name: Address: Streel ApI..

(C1) GREEMENT A
. "'''H ,"c,in our Course Selecled: City
Stale

Complele and sign Ihis form. Enclosc il along with your payment

posl\1ge.frce envelope and mail itloday. A' soon as we receive your enroll men I. we'll rush your fir" lessons 10 you by relurn mail.

ZIP

If the stUdenl completes more than 50% of the course. Ihe Academy shall be enttlled 10 Ihc full tUilion. The percenwge of the course completed is Ihe receipt of the compleled Jessons by Ihe Academy as compared to the 10101 lessons (J 8) in Ibe course.

1. CIIOOSE YOUR TUITION PLAN:

0
0

EASY PAYMENT PLAN: I enclose my check. money order, or credit card informalion for

mydown paymenl' andwillpayFULL TUITION PLAN: I enclose my

eachmonlh for-

months. wilbpaymenl _.1

as

Course Prerequisites

tutlion in full.

In order 10 enroll for Ihis program. you musl be "I leasl18 valid high school diploma or its equivalen\. You mus: be nuenl in English 10 be act'epted.

years of age and possess a

2. CHOOSE YOUR METHOD OF PAYMENT:

Check or money order. payable10Sherlock Holmes Academy (U,S. funds only). VISA

0
I Sale,

0
2 C"h Dow,

MaslerCMd

American Express

C,,,d No,

Expires-

You will rcccive 18 independentSludy lessons senllo you in such a fashion thaI you will be able 10 progress rapidly Ihrough :he program.

Truth in Lending Disclosures P,i"

3 Amo,,, Fino"ed (Th'.mo,",01 ",dlt 4

My Special A.dvantages

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$1,689

""id,d10 yoo" "yo" beh"1 "560

A"", P",,,I.,. R.I.

You may study with the program allhe rale which malches your abili:y \0 learn. You will receive a diploma upon comple:ion of Ihe program. Upon your gradualion. Fireside Academy will advise graduales upon requesl in how 10 secure a job. However. Ihe Academy does nnt gl"trantee job placemenl. and finding a joh is ultimalely Ihe responsibilily of Ihe sluden\. You are allowed IWOyears:o complele the program. If allhe expiralion of Ihe Iwo year period you bave nol finisbcd y"u may ex lend Ihe timc for complclion 6 monlhs by paying a nominal fee of $100. provided Iha: your tuilion is fully paid.

",dlt" .ye"y"I'1 . .00

(Th, co.:01yoo'

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.

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!h"..dltwill,,,t "" pa,d wh"yoo h...m.d,Ii'"e"led . yool p.ym""I " ,560 i ,00

5 Flm" Ch.",. (Th,'011".moO'1

6 TotoJ '.ym"I' of (Th, .moO'1 yoowill

7 T01.1 S.t.. .,t" (The 1";"Iceofyo,'

p",h...' "'dlt i,""'";y"" cow, p.ym"q

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Yo'.!rfirstmonthlypaymenlwillbe dueonemontbaflerwe acceptyourEnrollment greemen\. he monthly A T

paymentS Ihat follow wIll be due every monlh, You wIll be invOiced every month unlil your tuition ISpaid in full. Be sure 10 read nnd undersland bnth sides oflhis Agreement completoly belore Signing it. Be sure there "re no blank space.<in seclion I ahove. See your Tuition Prolecllon Agreement on the reverse Side of this form.

3. PLEASE SIGN HERE: SignOlurc

Please Complete the Information Below

Dale fBirth' o Hold GLP

_/-

Pbone; I_I
YC'No-

1'0&'" High School Piplom'? Yes FlucnI!OEngli'h' Y"-

No-

Daytime phone: L-)

Certi",,"le?

Nocould aSSai agaiost hy rhe de"lOt sholl

Circle highest grade compleled: 1 2 3 4 5 6 7 R 9 10 11 12 13 14 1.\ 16

Sari,,; ,10." holda ofrhi., eomumer credit eontr'ocr i.' .'u/')eer ,n all claims ",,,t defeoses ,,'hieh rhe dehw the selicI' of goods or scrTi"s ahtaioed pursu"nt hCrelo" ,,'ilh Ihe pr'OCw/., "ereof Rcw,""y hae,oda 001 exceed omo"1/.' paid h." dehtar tfl'r'cuoda
Solier IS",e to Doyer; I I) Do oar sigo cop." is oc"pred. this ogrccmc'" "'e ",ill scod hefOl'c you read 1/ 01' if 1/ eOIl/",os t"e ",e"r cop." aoJ' hlaok 'a payoff 'paces. io adl'Ooee

If YOIJpay by check or money order, be slJre to enclose it in the postpaid

(2) You rhe full You may

arc ,,,,irled amo,or eo"ee! r"is

ro a duc

eomplmlyfilled.io /loo.<oetioo

of rhi, a",'ccmeor, /Q midoigll/

(3) Uoder ofrl", ,,,'cor"

rhe 10", ealeodar

."OU "m'e

If r"is agreemeot

J'au a eomplcrcl."fillcd.io do." afrer

of this a",,'eme"').

or 0"." rime p"or

rl" darc ."ou Jigoed

Ihc ea!llraer

This 'greement becomesa legally bindinginstrumentwhensignedby the studentand acceptedby the FiresideAcademy,1234First Street.Chicago,Illinois 60687
A phoiocopy of Ihl, appli,,"i'" will he <CnliO

)'ouf", your "'cs

,
t"""

Tod:lY's Date:

Dale of Birth:
Occupalion:

Evening: <-)

htgher

envelope

The Sherlock Holmes Academy

Numher 6 High Wimple Streel' Walcrford Village. CT ()(,(iOO' R()()-~5~-12]2

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About the Author

THE SHERLOCK HOLMES ACADEMY TUITION PROTECTION AGREEMENT
The Sherlock Holmes Acodemy 15confiden! thot the course you have seleCted will he everything we cl,Im. To assure you 01 this, wc provide this concellatlon 'nd refund policy You m,y concel your enrollment In any m,nner" ony' lime, suhjeCT to the limitations and condlllo", below When we a""'pt your appllcotlon. we will send you a copy of:his Agreement" have Ihe ,hililY to beneI'I from Ihis course. You have Ihe oplion of paying off your t"IIon balance co"y. II Ihis appllCiJilon is nOi 'ccepICd, all monlCs paid will be refunded within ,' days. This Agreemenl 15ellective only when accepled "our ConneCticut omce. I. Iflhe Sherlock Holmes Academy Is notified of cancellation wilhin IOncalendar days afICr midnight of the day on which the enroll men! agreement is signed, an applicant reguesllng cancell"ion wilhin this time will be given a refund of all money paid to the Academy. 2. From IOncalendar d,ys aftcr midnight of Ihe day on which Ihe ,"roll men! agreemen! IS signed ,nd until the time Ihe Academy receives Ihe first complCied lesson ",signment Irom Ihe studen!, upon cancell"ion, Ihe ACiJdemy is enlliled to a regiStration fee of $\50. you have rompleted it. Your signature on

Mr. William Wright, President of American School, Chicago, is retiring in July 1992 after more than 30 years with the school. He first joined the staff of American School in ]958 and has been its President since] 974. Mr. Wright has been active in NHSC and its Accrediting Commission for many years. He serviced as a school member on the Accrediting Commission from 1984 until ]990, the last three years as the Vice Chairman. He was NHSC's President from] 978 to 198], and in addition he was a member of the NHSC Board of Trustees and Chairman of the Business Standards Committee. He has served on a number of school evaluations during the past 20 years.
Mr. Wright received the NHSC "Distinguished Service ] 98 I and the "Man of the Year" award in ]988. A ward" in

:he revme side of this form Indl",lCsIhot youhave rcad and undersloodbothsides of Ihls Agreemenl,and believe:h" you

3. After Ihe Academy rcceives the first eomnleted lesson ,,,ignment

the studeot regaests canccllntlon. the school shall

.nd untillhe student eompletcs h.lr of the course, if

fee .od ch,rge which shnll not exceed

b, ,ntltled

to Ihe registrntion

the following: ,. Up lOaod including completion of Ihe first 1(1<;', oflhe course, !O% oflhe tuillon m'nus the DmOunt ofth, reglstrDilon fee.

h. AfICrcomplCiing more Ihon 10% 01 Ihe course tmd up 10and including complCllon of 25% of the course, 25% of Ihe ,uitlon minus Ihe amounl of Ihe regiStrailon fce c. AftercomplCting more Ihan 2'<% oflhe course up lO'nd including completion of50% of the course, 50% of the tuition minus Ihe amounl of Ihe regiStr:>lion fee. 4 If Ihe studenl rompl"'s more Ihon 50% of Ihe course, Ihe Academy shall he en!illed 10 the fulltuilion Tuillon paymenl must he in U.s. fund,only Students in C,nad, ond forCign ",untries will

INTERNA llONALSTUDENTS:

be respon>ible for payment of noy npplic"hle c",lOm duties.

He has served as a member of the Illinois Proprietary School Advisory Aboard; has been a member of the American Associ~tion for Adldt and Continuing Education for a number of years; an accrediting review person of the North Central Association; and an attendee and speaker at NASASPS meetings, Southern Association of Colleges and Schools and many NHSC Conferences and Workshops. Mr. Wright recently gave a presentation at the NHSC Annual Conference on "Creating Better Enrollment Forms."

NEW YORK RESIDENTS:If you ",ncel thiscontro". IheAcademymay keep a I",,"on of ,he contr'Ct pricehosed upon
Ihe lesso", nnd ancillary good, you have ",ed. For New York resident.<, your tuilion is Ihe Total Sales Price. Any holder or this ronsumer contract Is ,"hj"llo all ciaim' and derenses whir.h the dehlor could a",rt ag,i"sllhe seller or goods or senices oh,.ined p"rsU.1I1 hereto or wilh the proceeds hereor. Reco,'e." hereunder hy Ihe dehlor shllil nol exceed the '0101111' paid hy' the dehtor hereunder.

IF YOU ARE UNDER \8: Your ,nrollment ohllalion mast be guarontecd by haviog your p,rent, guard;",

or responsible

pcrson over age 2! sign below. (Note Dgoorantor's Slgn"ure is not regulled if you Drein the US military setVlCe.! 13)' ,igOlng bclow. Ihe guaranlor guarDntecs Ihe student's ohligOtions under thosEnrollmenl Agreement. Gu,rantor's N.me: Addre"
Streel Guaranlor's Signature: R,'"ion>hlp 10 SlUdent.

Apt. .

City

Siale

ZIP

WIIA

TYOU

WILL

H ECEIVE: in detatl course

you wtll

All lessons, texts, ond COUN in Ihe current IIlmlUre

mDteriDlsa" Iioimes

included Acodemy.

in the luttion

for the roarse

Y'ou selected.

These

materinls the oght

monlhsor

arc de",ibed 10 subslltulC

le5.'. hut

olSherlock 'aluc.
need If

AI its sole d"cc"ioo, is d'''gned

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