(a)

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Terms Used In Tennessee Code 49-7-2015

  • Contract: A legal written agreement that becomes binding when signed.
  • Entity: includes , but is not limited to, any company, firm, society, association, partnership, corporation and trust. See Tennessee Code 49-7-2003
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Postsecondary educational institution: includes , but is not limited to, a school, college, university, or other type of entity offering educational credentials, instruction, educational services, or other activities as described in §. See Tennessee Code 49-7-2003
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Venue: The geographical location in which a case is tried.
(1) If the person to whom educational services are to be rendered or furnished by a postsecondary educational institution is a resident of this state at the time any contract relating to payment for the services, or any note, instrument or other evidence of indebtedness relating to the contract, is entered into, this subsection (a) shall govern the rights of the parties to the contract or evidence of indebtedness.
(2) In such event the following agreements entered into in connection with the contract or the giving of such evidence of indebtedness are invalid:

(A) That the law of another state shall apply;
(B) That the maker or any person liable on such contract or evidence of indebtedness consents to the jurisdiction of another state;
(C) That another person is authorized to confess judgment on the contract or evidence of indebtedness; or
(D) That fixes venue.
(3) A note, instrument, or other evidence of indebtedness or contract relating to payment for education or educational services shall not be enforceable in the courts of this state by any postsecondary educational institution engaged in activities or operations in this state unless the institution is authorized under this part.
(b)

(1) For purposes of this subsection (b), “lending agency” means any postsecondary educational institution, or any person, group or entity controlling, controlled by or held in common ownership with the institution, or regularly loaning money to, or to students of, the institution.
(2) Any lending agency extending credit or loaning money to any person for tuition, fees or any charges whatever of a postsecondary educational institution for educational or other services or facilities to be rendered or furnished by the institution, shall cause any note, instrument or other evidence of indebtedness taken in connection with the loan or extension of credit to be conspicuously marked on the face of the note, instrument or other evidence of indebtedness, “Student Loan.” A lending agency that fails to do so is liable for any loss or damage suffered or incurred by any subsequent assignee, transferee or holder of the evidence of indebtedness on account of the absence of the notation.
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