Enrollment Agreement

Through submission of the Application for Enrollment form, the Student (“Student”) identified therein is applying for admission to one or more selected educational services (collectively called “Services”), which Services are to be provided by LEX Law Prep LLC (“Company”), a California limited liability company based in Los Angeles, CA. The terms of this Agreement (“Agreement”), by and between Student and Company, are the terms under which Student's application shall be submitted and reviewed, and, if Student is admitted to Services, all Services shall be rendered.

1. REPRESENTATIONS BY STUDENT. In applying, Student hereby represents that: (i) Student has no knowledge of information that, if disclosed to the State Bar of California, might prevent Student's admission to the California bar; (ii) Student has no health issue relevant to Services that has not been disclosed to Company; and (iii) Student has never been expelled or suspended from an academic or educational program or school for any reason other than poor academic performance.

2. STUDENT DUTIES. If admitted, Student agrees as follows: (i) Student shall not electronically record any class or tutoring session; (ii) Student shall not copy, disseminate, loan or sell any materials based upon class or tutoring sessions; and (iii) Student shall not engage in any conduct that would be disruptive to class or tutoring sessions or that would endanger Company, other students, or property.

3. SERVICES. Services shall consist of training in the underlying subject matter pertinent to the selected Services as well as in test-taking and performance skills.

4.1 FEES. Current prices are those listed in the Application for Enrollment form. Fees may be changed by Company at any time without prior notice, and fee changes take effect immediately at the time fee changes appear in this form or otherwise publicly announced. These prices do NOT include the cost of some materials, which must be purchased separately by Student from Amazon.com or similar vendor. Non-refundable downpayment of $100 becomes due upon admission of Student and must be paid in full within three (3) days of Company's notifying Student of admission. Remaining class fees are due at least ten (10) days prior to first class session. Remaining tutoring fees are due at time Services are rendered.

4.2 PUBLIC SERVICE DISCOUNT: Applicants who are full-time employees of or who have already accepted a full-time position with a non-profit corporation or a public defender's office are eligible for a 50% discount on all Services upon demonstration of such employment. This discount cannot be used in conjunction with other discounts.

5. NOTICE REQUIREMENTS. If Student believes that a breach of this Agreement has occurred or a tort has been committed by Company or a representative thereof against Student, Student shall immediately notify Company and immediately discontinue attendance of class and tutoring sessions. Attendance of a class or tutoring session by Student signifies and shall constitute a voluntary and complete waiver of all claims against Company sounding in contract or tort that have accrued up to the date of said attendance. Failure to notify Company within thirty (30) days of any alleged breach of contract or tortious act or omission signifies and constitutes a waiver of any and all claims based upon said breach or tort. Student undertakes an affirmative duty to notify Company of any classroom or other facility or interpersonal conditions which Student considers dangerous, unwanted or harmful (collectively called “Objectionable”) conditions immediately upon discovery of said Objectionable conditions; failure to timely provide such notice signifies voluntary acceptance of such conditions.

6. LITIGATION BETWEEN THE PARTIES. In the event of litigation between the parties, the losing party shall reimburse the prevailing party for all expenses incurred during such litigation, including but not limited to attorney’s fees, expert witness fees, and travel expenses. Notwithstanding the preceeding provision, in no event shall Company be liable to Student for an amount that exceeds the amount of tuition actually paid by Student.

7. CANCELLATION/RESCHEDULING. Students who are unable to attend a scheduled tutoring session must notify Company by e-mail, by phone or in person at least 24 hours in advance. No-shows, late cancellations, and any class or tutoring time missed because of Student tardiness will not be made up. Course location, schedule, curriculum and teacher are subject to change or cancellation by Company at any time. Company reserves the right to expel any student at any time for any reason and discontinue Services; in case of such expulsion, a pro-rated refund, if applicable, will be provided to Student.

8.1 DUTY TO DEFEND, INDEMNIFY AND HOLD HARMLESS. Student agrees to defend Company at Student's sole expense and to indemnify and hold Company harmless with respect to all third-party actions, threatened actions, liabilities and litigation costs which Company faces or incurs as a result of any allegedly tortious act committed by Student against a third party.

8.2 LIMITATION OF LIABILITY. Company’s total liability to Student for any cause of action arising out of this Agreement or Services rendered hereunder, whether sounding in equity or law, in tort or contract, shall be limited to the lesser of (i) the amount of tuition received from Student or (ii) the actual U.S. dollar value of damages. This limitation shall apply even if Company was negligent and/or the loss was foreseeable.

8.3 Without limiting the foregoing, Company shall not be liable to Student for any special, direct, indirect, incidental, or consequential damages, including, without limitation, damages for lost profits, business interruption, endangerment, infringement or emotional harm. The foregoing provision includes, without limitation, that Company shall not be liable for the cost of procurement of substitute goods or services. Company shall not be liable for any losses resulting from unauthorized access to or alteration of Student's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles, even if Company has been advised of the possibility of such losses and even if Company has been negligent.

9. GENERAL. This document contains the entire Agreement between Parties. The courts of the State of California shall be the exclusive forum for resolution of disputes arising out of this Agreement. California law shall govern all disputes. Interest on any outstanding balances due under this Agreement shall accrue and compound monthly at a rate of 1.5% per month or any portion thereof during which any balance remains outstanding. This Agreement shall bind and inure to the benefit of all assignees, heirs and successors in interest of all parties. All modifications to this Agreement must be made in writing. If any portion of this Agreement is held invalid by a competent authority, all other provisions shall remain in full force. Any action between or on behalf of one of the parties based on breach of this Agreement or based on a tort allegedly committed by one party against the other not brought within one (1) year of the alleged breach or tort giving rise to the action is waived and forever barred.

8.4 WAIVER OF CLAIMS. By attending a class or tutoring session of Company, Student signifies Student's agreement to waive and does thereby waive all claims which have accrued against Company, its officers, employees, agents, parents, subsidiaries, directors, owners, stakeholders, sponsors, partners and affiliates prior to and up to the moment of said attendance, regardless of the gravamen of the action, whether in law or equity. All such claims are forever barred.

READ AND UNDERSTOOD: By submitting the Application form, Student signifies that he or she has read and understood this entire Agreement.