(225 ILCS 410/3B-12)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3B-12. Enrollment agreements.
(a) Enrollment agreements shall be used by barber, cosmetology, esthetics, hair braiding, and nail technology schools licensed to operate by the Department and shall include the following written disclosures:
(1) The name and address of the school and the
addresses where instruction will be given;
(2) The name and description of the course of
instruction, including the number of clock hours in each course and an approximate number of weeks or months required for completion;
(3) The scheduled starting date and calculated
completion date;
(4) The total cost of the course of instruction
including any charges made by the school for tuition, books, materials, supplies, and other expenses;
(5) A clear and conspicuous statement that the
contract is a legally binding instrument when signed by the student and accepted by the school;
(6) A clear and conspicuous caption, "BUYER'S RIGHT
TO CANCEL" under which it is explained that the student has the right to cancel the initial enrollment agreement until midnight of the fifth business day after the student has been enrolled; and if notice of the right to cancel is not given to any prospective student at the time the enrollment agreement is signed, then the student has the right to cancel the agreement at any time and receive a refund of all monies paid to date within 10 days of cancellation;
(7) A notice to the students that the cancellation
must be in writing and given to the registered agent, if any, or managing employee of the school;
(8) The school's refund policy for unearned tuition,
fees, and other charges;
(9) The date of the student's signature and the date
of the student's admission;
(10) The name of the school employee or agent
responsible for procuring, soliciting, or enrolling the student;
(11) A clear statement that the institution does not
guarantee employment and a statement describing the school's placement assistance procedures;
(12) The graduation requirements of the school;
(13) The contents of the following notice, in at
least 10 point bold type: "NOTICE TO THE STUDENT"
"Do not sign this contract before you read it or if it
contains any blank space. You are entitled to an exact copy of the contract you sign."
(14) A statement either in the enrollment agreement
or separately provided and acknowledged by the student indicating the number of students who did not complete the course of instruction for which they enrolled for the past calendar year as compared to the number of students who enrolled in school during the school's past calendar year;
(15) The following clear and conspicuous caption:
"COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION", set forth with the address and telephone number of the Department's Chicago and Springfield offices.
(b) If the enrollment is negotiated orally in a language other than English, then copies of the above disclosures shall be tendered in the language in which the contract was negotiated prior to executing the enrollment agreement.
(c) The school shall comply with all applicable requirements of the Retail Installment Sales Act in its enrollment agreement or student contracts.
(d) No enrollment agreement or student contract shall contain a wage assignment provision or a confession of judgment clause.
(e) Any provision in an enrollment agreement or student contract that purports to waive the student's right to assert against the school, or any assignee, any claim or defense he or she may have against the school arising under the contract shall be void.
(f) Two copies of the enrollment agreement shall be signed by the student. One copy shall be given to the student and the school shall retain the other copy as part of the student's permanent record.
(Source: P.A. 98-911, eff. 1-1-15.)
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Last modified: February 18, 2015