① Contract terms: During the period of teaching in training institutions, students can audition first, and then register after they are satisfied. For those students who register after the audition, the tuition fee will not be refunded.
Article 563 of the Civil Code clearly stipulates the circumstances of the termination of the contract. If there is a legal termination after the conclusion of the contract, the parties may terminate the contract. This clause directly stipulates that the payment cannot be refunded after the audition is satisfactory, which excludes the right of consumers to terminate the contract according to law in the case of legal termination of the contract.
② Contract terms: The training mode is offline. In case of special circumstances such as major epidemic prevention and control, Party A can take online training as an alternative, and Party B agrees and accepts the training provided by Party A in the above alternative way under special circumstances, and confirms and recognizes the training hours and training periods actually provided by Party A in a corresponding way. Training method is the main clause of training contract. Due to force majeure, training institutions can't give time offline. Consumers can negotiate with business operators to change the way or time of contract performance. If negotiation fails, the consumer may terminate the contract according to Article 563 of the Civil Code. This clause directly changes the training mode from offline to online, depriving consumers of the right to change the performance time of the contract or terminate the contract.
③ Contract terms: If the national enrollment policy changes, Party A allows Party B to change majors without dropping out of school or refunding fees. According to Article 533 of the Civil Law, after the contract is established, if the situation changes, the adversely affected party may renegotiate with the other party. If negotiation fails, the party shall have the right to request modification or termination of the contract according to law. However, this clause directly allows you to change your major without refunding tuition fees, which excludes consumers from exercising their right to request modification or termination of the contract according to changing circumstances.
④ Contract terms: If classes are suspended due to force majeure, the training fee will not be refunded. According to Article 563 of the Civil Code, after the conclusion of a contract, if the contract cannot be continued due to force majeure, the parties have the right to choose to terminate the contract according to law. This clause stipulates that the training fee will not be refunded if classes are suspended, which excludes consumers' right to choose.
⑤ Contract terms: In order to ensure the smooth completion of the tutoring plan, Party A has the right to change tutors, but it shall notify Party B or Party B's legal guardian in advance. In the training contract, if there is a specific agreement on the tutor, the teacher shall not be changed without the consent of the consumer, otherwise it is a breach of contract; If there is no specific agreement on the tutor, and the training institution needs to change the tutor for objective reasons during the training process, it shall give consumers the right to terminate the contract according to the principle of contract fairness. However, this clause sets the right of training institutions to change instructors, and excludes the right of consumers to terminate contracts according to law.
⑥ Contract terms: Party B must maintain Party A's reputation and image, and shall not damage Party A's reputation and image. In case of violation, Party A has the right to ask Party B to make economic compensation and eliminate the influence through legal means. According to the provisions of Article 1024 of the Civil Code, the civil subject enjoys the right that the reputation right is not infringed by others. Therefore, no one may infringe on the reputation of others, but the law does not stipulate that one party to the contract has the obligation to safeguard the reputation of the other party. This clause stipulates that Party B must safeguard the reputation and image of Party A, and increases the obligations of consumers, which is an unequal clause.
⑦ Contract terms: Party A has the responsibility to provide safe and high-quality teaching places for students. Whereas Party A is a training school and the students are minors, the guardian of Party B, as the guardian of the students, should bear the corresponding guardianship responsibilities during the training of the students. All losses caused by Party B's students not entering or leaving the classroom designated by Party A have nothing to do with Party A, and shall be borne by Party B. According to the provisions of Articles 1 199, 1200 and 120 1 of the Civil Law, students are allowed to study in training institutions. If the damage is caused by a third person, the third person shall bear the tort liability, and if the training institution fails to fulfill its management responsibility, it shall bear the corresponding supplementary liability. Therefore, training institutions should fulfill their security obligations within their jurisdiction, and this clause limits the security obligations to their designated classrooms, which obviously does not conform to the above provisions of the Civil Code.
⑧ Contract terms: Unless otherwise agreed in this agreement, under any circumstances, the total amount of liquidated damages undertaken by Party A for this agreement shall not exceed the last recharge amount, and the class hours confirmed by Party B shall not be counted as liquidated damages. Generally speaking, the liability for breach of contract can be determined according to the total contract amount or the losses caused to the other party by breach of contract. This clause stipulates that in any case, the total amount of compensation for breach of contract by the trainee shall not exceed the last recharge amount, which is unreasonable.