Terms and Conditions

II. Age Policy

Gemstone Academy offers Programs for students ages 7-19. Therefore, students may interact and/or room with a student that is within this age range including 18 or 19 years old. Please note the age range of the Program being registered for.

If a student is 18 or 19 years old and participating in a live Program, they must successfully pass a criminal and sexual offender background check prior to being allowed to attend. Clients are responsible for all costs and fees associated with any background checks required for a student to attend.

III. Special Accommodations

If a student requires an accommodation to participate, or needs an aid to attend in a Gemstone Academy Program, a parent/guardian must call Gemstone Academy at 1-888-709-8324, no less than three weeks prior to your student’s first day of the Program to make needed arrangements.

If a student requires an aide to participate in a Gemstone Academy Program, the aide must be age 18 or older, may not be a family member, and if it is an On-Campus Program, the aide must successfully pass a criminal and sexual offender background check prior to being allowed to attend with the student. Aides may also be subject to fingerprinting. Clients are responsible for all direct costs, including background check processing fees, parking, and compensation for the aide’s attendance.

IV. Payment Policy

Unless otherwise noted, all financial transactions are made and quoted in U.S. Dollars.

1. All Payment Plan Fees, fees paid for Online Programs and fees paid for In-Person Programs are non-refundable and non-transferrable, unless they fall under Section (I)(2) in the Code of Conduct, or the following clause, Section (IV)(3) in this Payment Policy.
2. Refunds for classes, sessions, and events hosted by the Program may be provided when attendance is prevented by circumstances outside the control of the student. When possible and applicable, a rescheduling will be considered before a refund.
3. Students will be allowed to reschedule one (1) missed individual lesson each month without charge. Otherwise, missed lessons will not be reimbursed or made up. If unused, this does not roll over into subsequent months.
4. If Gemstone Academy cancels an entire Program for any reason, the fees paid for the Program will be refunded, less the non-refundable fees, as set out above. Non-refundable fees (other than the Payment Plan Fee, if any) will remain in your account as a fully transferable credit that is valid for three (3) years.
5. Gemstone Academy has the right to charge a $25 late fee on any payments not paid by the due date. For balances that are over 30 (thirty) days past due, Gemstone Academy has the right to charge a 1% monthly finance charge and send the balance to a collection agency for collection (collection agency and legal fees may apply).
6. All fees (registration, administrative, late, etc.) must be paid prior to the start of a Program, unless a payment plan has been agreed to. Students will be withdrawn from a Program if the Program has not been paid in full prior to the start of the Program, or if at any time a payment is not paid by the due date. No refunds, credits, or make-up classes will be provided if a session is missed due to a delinquent payment.
7. By agreeing to a subscription or payment plan, you are authorizing Gemstone Academy to auto charge the credit card on file as agreed at the time of purchase and as set out in My Account.
8. For individual and group sessions, payments for the full month must be made in full on the day of the first individual lesson of each month. There will be a one (1) week grace period on payments. If there are charges overdue past the grace period, the student’s account will be suspended.
9. A $35 returned check fee will be assessed for any checks returned or card transactions that are not honored.

V. Reservation Changes and Scheduling

To provide outstanding Programs, we may have to limit your ability to make changes (such as changing attendance times for group sessions) and/or cancel a Program. Please reference the Terms and Conditions for specific Programs (linked above) for the rules and restrictions for changes and cancellations for that Program. To reschedule future sessions, please contact your instructor.

Holiday Policy: If a scheduled lesson falls on a national holiday or other recognized observance, the instructor will provide an asynchronous lesson recording and/or lesson plan that won't require a real-time online meeting. These asynchronous lessons will cover the same material as would have been covered in the live session and will count as the regular lesson for that week.

VI. Promotions and Discounts

Promotional discounts are limited to one discount per student. There may be other limitations as to how they apply, and codes must be submitted at the time of registration. Gemstone Academy will not honor retroactive adjustments, and the total discounts received cannot exceed the total cost of the products purchased.

The Refer-a-Friend Program is a voluntary Program that applies to individual and group sessions within Gemstone Academy (i.e. standard enrollment).

• Each Referral Code can be used a maximum of 25 times. The code can only be used by students attending Gemstone Academy for the first time (may be limited to certain Programs) and must be applied at the time of registration.
• A tuition credit equivalent to $100 (one week past the trial period) will be given for each new student that registers using a referral code and remains within the academy for a full month.
• Students may not refer each other to both qualify for the Refer-a-Friend Discount.
• Tuition credit will be applied after the referred client registers and pays in full for the first month.
• All tuition credits must be used in the Program term in which they are earned, can be used to offset Program tuition and other fees incurred, but do not entitle you to any form of payment.
• Tuition credits have no cash value.

The Sibling Discount Deal applies when two (2) or more siblings are registered under the same legal guardian.

• If all siblings participate jointly, at the same time, for both individual and group sessions, the second sibling and all subsequent siblings will receive 60% off tuition for the entirety of their enrollment with Gemstone Academy.
• Each sibling will receive their own account.
• All Terms and Conditions, including those regarding payment policies, apply to all siblings and accounts.

VII. Certificates/Vouchers

All certificates/vouchers are non-refundable, non-transferable, and not redeemable for cash. Certificates/vouchers must be redeemed at the time of registration. Certificates/vouchers are valid until the specified expiration date, without exception. They are valid for up to the amount issued, and any amounts not used are forfeited.

VIII. General Releases

Media Release: As a condition of participation, you authorize Gemstone Academy and its partners to take photos, videos, images, audio, and testimonials of and/or from you and your student and agree that said content may be used by Gemstone Academy in promotional materials, marketing collateral, and online media. These images, testimonials, photos, videos, and audio may be shared and used by corporate partners, the media, or other organizations that work with Gemstone Academy. You also agree that all projects and work created by your student during a Gemstone Academy Program may be used by Gemstone Academy in promotional materials, online, and other print media, and may be shared and used by corporate partners, the media, or other organizations that work with Gemstone Academy. You understand that Gemstone Academy, its owners, agents, partners, facility providers, and employees will not be held liable for damages and injuries associated with use of any content released herein, including any and all claims based on negligence. You agree that all images, testimonials, photos, video, and audio taken at or in connection with a Gemstone Academy Program are the sole and exclusive property of Gemstone Academy, and that Gemstone Academy has a royalty-free, perpetual license to use copies of all student work and projects created at a Gemstone Academy Program.

Name and Likeness Release: As a condition of participation, you authorize Gemstone Academy and the press to use your student's full name and likeness in print, radio, TV, and other mediums.

Project/Hardware Release: Some Gemstone Academy Programs are project-based. In such instances, Gemstone Academy will attempt to provide your student with the knowledge to produce a working project. Some Gemstone Academy Programs include take home hardware. In those instances, Gemstone Academy will send home a product or voucher for a product. However, there will be instances when a project or product or product voucher cannot be sent home, posted, or delivered, and you agree that Gemstone Academy is not responsible if the game, project, product or voucher does not work properly and/or is not compatible with outside systems. You release Gemstone Academy from any responsibility for failure to provide a copy of the project or product voucher, or a non-functioning/non-compatible/non-complete game, project, product voucher or product. Refunds will not be issued for not receiving products, product vouchers, or being provided a copy of the project, and/or non-functioning/non-compatible/non-complete projects, product vouchers or products. If you have issues with a product voucher or product, you must contact the manufacturer directly. Product vouchers only cover shipping within the continental U.S. Therefore, if you require the product to be shipped outside the continental US, you are responsible for all shipping and handling costs.

Software Accounts: Some Gemstone Academy Program activities require creation and/or use of an online account or require an online account to be created for your student. You consent to create or have Gemstone Academy create account(s) as needed for your student to participate in Program activities. During non-instructional time, students may have access to websites that require accounts to be set up. While it is against Gemstone Academy rules for students to set up accounts without their instructor’s permission, there may be instances where a student may create an account without the knowledge of Gemstone Academy or its employees. In such instances, you release Gemstone Academy and its employees from any and all responsibility and liability for accounts created by your student without Gemstone Academy’s knowledge.

Game Ratings: Gemstone Academy takes its corporate responsibility and Gemstone Academy family values very seriously. However, we cannot guarantee that younger students at Gemstone Academy will avoid all contact with or mention of games rated "T" for Teen, or "M" for Mature. Gemstone Academy will make a concerted effort to minimize both direct and indirect exposure to any games not rated for a student’s age group. Students attending courses designed for older ages have a greater chance of being exposed to materials rated for that older age group. If a student is attending a course for ages 13+, they may be exposed to games rated "M" for Mature by the ESRB (Entertainment Software Rating Board). You voluntarily assume any and all risks, known or unknown, associated with your student’s exposure to game content at a Gemstone Academy Program.

IX. Indemnification

You agree to defend, indemnify, and hold The Gemstone Project, Gemstone Academy, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with your student’s participation in a Gemstone Academy Program.

X. Arbitration Agreement

You agree that any dispute other than collection matters, arising out of or relating to this Agreement, you or your student's participation in a Program with Gemstone Academy, or otherwise arising between the parties, including, without limitation, any statutorily created or protected rights, as permitted by applicable state/provincial or federal laws, shall be settled by arbitration to be held in Santa Clara County, California, in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The prevailing party in the arbitration shall be entitled to recover expenses including costs and reasonable attorneys’ fees associated therewith. Should any part of this contract be found invalid or not enforceable by a court of law, then the remaining portion shall continue to be valid and in force. You hereby acknowledge that you understand the terms of this ARBITRATION AGREEMENT, and you agree to comply with all of its terms and provisions.

XI. Rights Reserved

Gemstone Academy reserves the right to update or modify these Terms and Conditions at any time. Gemstone Academy is not a university-sponsored program. Gemstone Academy reserves the right to cancel or modify any and all classes, lessons, Programs or courses for any reason.

XII. Release of Liability

ON BEHALF OF MY SON/DAUGHTER/WARD, I, THE PARENT/GUARDIAN, IN EXCHANGE FOR THE RIGHT OF MY SON/DAUGHTER/WARD TO PARTICIPATE IN GEMSTONE ACADEMY PROGRAM(S), HEREBY RELEASE GEMSTONE ACADEMY, ITS OWNERS, AGENTS, PARTNERS, FACILITY PROVIDERS, AND EMPLOYEES FROM LIABILITY (INCLUDING CLAIMS BASED UPON NEGLIGENCE) FOR ANY AND ALL DAMAGES OR INJURIES TO MY SON/DAUGHTER/WARD OR DAMAGE OF ANY PERSONAL PROPERTY. I AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL SUCH DAMAGES OR INJURIES WHICH MAY RESULT DIRECTLY OR INDIRECTLY FROM ANY NEGLIGENT ACTS OR ACTIVITIES ASSOCIATED WITH GEMSTONE ACADEMY. HOWEVER, I UNDERSTAND THAT I AM NOT RELEASING GEMSTONE ACADEMY, ITS OWNERS, AGENTS, PARTNERS, FACILITY PROVIDERS, AND EMPLOYEES FROM GROSS NEGLIGENCE OR INTENTIONALLY TORTIOUS CONDUCT. TO THE EXTENT THIS RELEASE CONFLICTS WITH STATE/PROVINCIAL LAW GOVERNING RELEASES, THIS RELEASE IS TO BE GIVEN THE FULLEST FORCE AND EFFECT PERMITTED UNDER STATE/PROVINCIAL LAW. SHOULD ANY PART OF THIS CONTRACT BE FOUND INVALID OR NOT ENFORCEABLE BY A COURT OF LAW, THEN THE REMAINING PORTION SHALL CONTINUE TO BE VALID AND IN FORCE.

XIII. Copyright

Gemstone Academy partners with and uses the intellectual property of some amazing companies. You and your student agree to uphold the copyright and trademark rights of Gemstone Academy, their partners, and any company whose products are used at a Gemstone Academy Program.

XIV. Intellectual Property and Ownership

All software code, projects, or other creative works developed, written, or otherwise created by a student during their enrollment in any Gemstone Academy Program, including any modifications, improvements, or derivative works thereof, are considered intellectual property solely owned by Gemstone Academy. Students and their parents/guardians acknowledge and agree that Gemstone Academy retains all rights, title, and interest, including but not limited to copyrights, trademarks, and patents, in and to these works. Any use, reproduction, modification, distribution, or display of such works outside the context of Gemstone Academy must receive prior written approval from Gemstone Academy. By participating in a Program, students agree not to claim any ownership rights to these works and waive any and all claims against Gemstone Academy regarding such ownership rights. However, Gemstone Academy may choose to name the student and/or instructor as creators.