1. General contract conditions, program and school regulations
1.1. The member declares to fully approve and without any reservations the general conditions of this registration contract; all of which were the subject of individual negotiation, pursuant to art. 34 of Legislative Decree 6 September 2005, n° 206 (consumer code). In particular, in this regard the member declares to accept the general contract conditions as proposed by Istituto Italiano di Fotografia s.r.l. unip. (hereinafter IIF), against the agreed fee and payment methods.
1.2. The member also declares to comply with the school provisions issued by the IIF Management; as well as to know and accept fully and without reservation the IIF Regulations which constitute an integral part thereof.
2. Obligation to pay the fee – consequences of non-payment
2.1. Given the limited number of classrooms, signing this enrollment application irrevocably implies the obligation to pay the fee for the chosen course, according to the methods agreed in the enrollment application, which is an integral part of this contract.
2.2. The member declares to be aware that the amounts and payment methods established in the Registration Application are valid for the current year; for subsequent years they may be modified at the discretion of IIF.
2.3. The member recognizes that his/her right to participate in the course will only arise exclusively upon payment of the balance of the entire agreed amount and that absences as well as interruptions in attendance at the courses can never constitute grounds for requesting the total or partial refund of the fee established in favor of IIF, having faced expenses for programming the agreed services based on the number of members.
2.4. The member recognizes that a possible change of headquarters of IIF (always within the city of Milan) does not constitute a right to request reimbursement of the amount established (or already paid) in favor of the aforementioned company. In this case the students are still required to fulfill this contract and pay the entire amount due.
2.5.The member recognizes that compliance with the containment measures envisaged by the legislator for the Covid-19 emergency could force IIF to reschedule the lessons/exercises/activities in the classroom or in places outside the school premises, causing the temporary impossibility of teaching in ways other than those of online distance learning, due to reasons of a transitory nature and force majeure (factum principalis). Furthermore, the member is aware of the fact that, based on the provisions of the Legislative Decree. 23.2.2020, n. 6 (converted with L. 5.3.2020, n. 13), to which, with subsequent Legislative Decree. 17.3.2020, n. 18 (so-called Cura Italia), art. 3, Legislative Decree 23.2.2020, n. 6 the 6th co. was added. Bis, the liability of IIF is expressly excluded. This last rule in fact provides that: «Compliance with the containment measures referred to in this decree is always evaluated for the purposes of exclusion, pursuant to and for the purposes of the articles. 1218 and 1223, of the debtor’s responsibility, also in relation to the application of any forfeiture or penalties connected to delayed or omitted obligations”. Pursuant to art. 1256 of the Civil Code, in this case, as well as in any other case of state of emergency or natural disaster in which emergency measures are issued by the legislator which cause the temporary impossibility of teaching in modalities other than those of online training. line remotely, the transitory nature of the impossibility of providing IIF for the classroom teaching part will not lead to the termination of the contract. For its part, IIF, always operating according to the principles of good faith and diligence, undertakes from now on to do everything in its power to safeguard the quality of teaching, in particular by providing its members with an online training offer -line remotely, where and to the extent that the subjects being taught allow it; and also providing a rescheduling of classroom lessons and/or lessons/exercises/activities in external locations, for subjects that require it; all compatibly with the timing and methods imposed by the legislator.
2.6. The registration fee, which is not refundable in any case, except in the cases referred to in articles 7 and 8 (full cancellation of the course due to force majeure and failure to reach the minimum number of participants), must be paid upon of registration. The balance amount must be paid within the terms agreed upon registration.
2.7. Failure to pay the balance amount (in the case of payment in a single instalment) will result in the exclusion of the student from the IIF courses and the immediate termination of the contract. The member must pay, within 15 days of the deadline for payment of the installment and without the need for further communications from IIF, an amount equal to 15% of the cost of the course for which he has paid the registration fee, to criminal title.
2.8. In the case of payment in instalments, failure to pay any installment within the terms established in the Registration Application will give the IIF Management the right to exclude the member from participation in the courses and any exams until the payment is regularised; in addition to the obligation for the member to pay the same amount plus legal interest, as well as the forfeiture of the member from the benefit of installment payments and the right for the IIF to demand payment of the remaining amount due in a single solution and a penalty equal to 5% of the amount of unpaid installments.
3. Withdrawal by the member
3.1. The member undertakes to communicate his/her withdrawal to IIF by registered mail with return receipt, to the following address: Via E. Caviglia 3, 20139 Milan.
3.2 In the event of withdrawal of the member from the first or second year of the Biennial Professional Course in Photography, IIF recognizes that the member can exercise, only and exclusively within the final deadline of 1 September of the current year, the right of unilateral withdrawal ex art. 1373 c.c. and with communication to be notified in the manner described in 3.1. Beyond the final deadline of 15 September of the current year, the member’s right to withdraw is not recognised. Therefore, if the member notified his/her intention to withdraw from the contract after this deadline, the communication would not lead to the member’s withdrawal from the contract; and the member would remain obliged to pay Istituto Italiano di Fotografia s.r.l. the entire balance amount, in addition to the registration fee. In the event of withdrawal by the member, Istituto Italiano di Fotografia s.r.l. undertakes to reimburse a portion of the balance amount (while the registration fee will not be reimbursed in any case, except in the cases referred to in articles 7 and 8), according to the following amounts, depending on the moment in which the communication of withdrawal reaches the Italian Institute of Photography s.r.l.:
a) 100% refund of the balance if the communication of withdrawal is received by IIF by 31 July of the current year;
b) refund of 30% of the balance if the communication of withdrawal is received by IIF by 1 September of the current year.
If the member’s desire to withdraw is communicated to IIF after the final deadline referred to in the art. 3.1., since this communication would not have the effect of producing the withdrawal, the member would not be entitled to the refund of any amount.
3.3. In the event of withdrawal of the person enrolled in the Annual Full and Full Advanced Evening Photography Courses, IIF undertakes to refund a portion of the balance amount (while the registration fee will not in any case be refunded, except in the cases referred to in articles 7 and 8), according to the following amounts, depending on the moment in which the communication of withdrawal reaches IIF:
a) 100% refund if the notice of withdrawal reaches IIF. by August 10th of the current year for the Full evening course or the Full Advanced evening course;
b) 30% refund if the notice of withdrawal is received by IIF by 10 September of the current year for the Full evening course or the Full Advanced evening course.
Beyond the above deadlines, the member will not be entitled to a refund of the amount paid.
3.4.In the event of withdrawal of the person enrolled in the evening topic courses, weekend workshops and courses for young people, IIF undertakes to refund a portion of the balance amount (while the registration fee will not be refunded in any case, except in the cases referred to in to articles 7 and 8), according to the following amounts, depending on the moment in which the communication of withdrawal reaches IIF:
a) 100% refund if the communication of withdrawal reaches IIF within 15 days before the start date of the course.
b) 30% refund if the communication of withdrawal reaches IIF within 10 days before the start date of the course.
Beyond the above deadlines, the member will not be entitled to a refund of the amount paid.
4. Duration of the course – absences – exams
4.1. The duration of the course is specified at the time of registration. After completing the course and taking the exams with a positive outcome (in the courses that require it), IIF, at its sole discretion, will issue the student with a private certificate or diploma certifying the assiduous attendance of the course and any evaluation of merit.
4.2. After the end of the course, the member will no longer be able to take exams (in the courses that require them) and the IIF Management will not issue any certificate or final certificate of attendance to the member who has not taken the exams.
4.3. If the member is unable to take the exams (in the courses that require it) on the scheduled dates it will be possible to organize a private exam session, subject to the member covering only the expenses of the external examiner, with a date at the discretion of the Management of IIF.
4.4.The reasons for the student’s failure to attend the exams (in the courses that require it) will be evaluated at the sole discretion of the IIF.
4.5.A number of absences exceeding 20% of lessons will preclude the student from obtaining the certificate of attendance and accessing the exam (in the courses that require it). Any situation involving a number of absences exceeding 20% will be evaluated at the sole discretion of the IIF Management.
5. Times, dates, location of lessons and teachers
5.1. IIF has the right, for reasons of force majeure, even during the courses, without prejudice to the obligation to guarantee the number of hours and the established day of attendance, to modify the agreed times and dates, the subjects of the lessons, replace the teachers or provide the courses at another location – always located in the city of Milan, without any charge to the member.
5.2.Any changes will be communicated to the member by email or by publication in the online calendar available to students in the reserved area of the site.
6. Rules of conduct
6.1. The member undertakes to behave correctly in compliance with the equipment, the normal rules of decorum and which is not in any way inappropriate or inconvenient by adhering to the Internal Regulations, known and accepted in full by the member.
6.2. The Management reserves the right to expel any member who is guilty of a serious disciplinary infraction.
6.3. The expulsion entails the withdrawal from the contract by IIF, which in this case will be able to demand in a single solution the payment of the balance fee that may still be due, with the member losing the benefit of the installment plan; furthermore, without prejudice to the right of IIF to request compensation from the member for any damage caused. The withdrawal from the contract by IIF will be communicated to the member by registered mail, to the address specified in the Registration Application.
7. Complete cancellation of the course due to force majeure
7.1. The complete cancellation of the course by IIF due to causes of force majeure (for example, earthquake, flood, pandemic, war, acts of terrorism, catastrophic events, cataclysms, landslides, exceptional adverse weather conditions and in general events for which it has been declared by the competent authority the state of emergency or natural disaster) will result in the legal termination of this contract. IIF will be required to repay the amount received and the member will not have the right to claim anything by way of compensation for damages, for any reason and/or cause.
7.2. It is understood that in this case nothing will be further owed to IIF as a balance for the course.
7.3.For the purposes of reimbursement of the registration fee pursuant to this article, “full cancellation of the course due to force majeure” means the cancellation of the course in its entirety and for its entire duration; and not the temporary suspension of lessons/activities/exercises in modes other than remote online, necessitated by the obligation on the part of IIF to comply with the containment measures envisaged by the legislator for the Covid-19 emergency and/or or for other emergencies or calamities: the member therefore accepts the fact that this last hypothesis will not determine the right to reimbursement, not even partial, of the registration fee.
8. Failure to activate courses due to failure to reach the minimum number of participants
8.1. Failure to reach the minimum number of participants (specified on the technical sheet of each course), since IIF has determined the cost of the services covered by the contract based on this minimum number of participants, will result in the termination of this contract and IIF will be required to refund of the amount received without the member having the right to claim anything by way of compensation for damage, for any reason and/or cause.
8.2. It is understood that in this case nothing will be further owed to IIF as the balance of the course.
9. Disclaimer of copyright and related rights
9.1. Within the limits of the educational, advertising and promotional purposes, the member hereby authorizes Istituto Italiano di Fotografia s.r.l., without having anything to claim, to use the documents produced as part of the course, for the entire duration of the rights of use of referred to in the articles 12 ff. and 87 ff. of law no. 633 of 1941 and subsequent amendments. The member guarantees to be the author and sole owner of any and all intellectual property rights on the photographs taken as part of educational and promotional projects within the course, having free availability thereof; and to have also obtained the release to use the image of the subjects portrayed in the case of photographic portraits. The member undertakes to provide his assistance in the event of disputes by third parties, for the alleged violation of copyright, related rights, image rights or any other right, perpetrated through the creation and The use – on any channel, in any form, manner and means, for any purpose – of photographs taken as part of educational and promotional projects within the course. The member expressly undertakes to indemnify Istituto Italiano di Fotografia s.r.l. from any and all liability which the latter may incur for the violation of third party rights, perpetrated through the creation and use – on any channel, in any form, manner and means, for any purpose – of the photographs created in the scope of educational or promotional projects within the course. Consequently, the member assumes the obligation to compensate any and all damages suffered by third parties in relation to the above.
10. Negatives and prints of the documents
10.1. The material supports of the works produced as part of the course, in particular the negatives, prints of photographs, memory supports such as USB sticks, hard disks or DVDs, will be retained by IIF for a period not exceeding 60 days from the end of the course. course.
11.1. For any complaint, the member must contact the IIF operational office, located in Via Enrico Caviglia 3, 20139 Milan.
12. Duration and validity of the contract
12.1. This contract will be valid and binding for the entire duration of the chosen course and no later than the end of its lessons.
13. Applicable law and competent court
13.1. The law applicable to this contract is Italian law.
13.2. For any dispute arising from the interpretation and/or execution of this contract, the Court of Milan is competent.