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High School Programs
The undersigned
(the "Participant") hereby agrees to the terms and conditions set
forth herein regarding the Participant's application to, and participation in
any of Global Experiences' programs (the "Program") provided by
Global Experiences, Inc ("the "Company").
1. Payment and Fees. An application fee ($500) in US Dollars for the
Program shall be due to the Company upon the submittal of this application by
the Participant. Final program fees are due in full 30 days after receiving the
application. The fees paid for the Program hereunder do not include the costs
of travel to the host country and return back to the Participant's home country
or the cost of travel insurance. The Program fees are set by the Company and
can not be broken down into individual components. All fees must be paid as
advertised and invoiced.
2. Representations and Warranties. The Participant hereby represents and
warrants that: (i) he has all requisite power and
authority to enter into and perform his obligations under this Agreement; (ii)
he will abide by all laws, rules and regulations and will endeavor to comply
with all local customs; (iii) he will carry out his duties as an program
participant to the best of his abilities; and (iv) all of the information provided herein is true and
accurate. The Participant authorizes the Company to make such investigations as
necessary, including contacting any references.
3. Terms and Conditions. I acknowledge that I have read and accept the
terms and conditions set forth in Global Experiences' Policies, which are available
on Global Experiences' website at www.globalexperiences.com/policies/.
Most of these policies are incorporated herein by reference and hereby
constitute part of this Application. This agreement is a legally binding
contract upon formally applying for a Global Experiences program, either online
or via hard copy application.
4. Refund Policy. Application fees: The application fee is 100% non-refundable for all programs. In
most cases the application fee is transferable up to 12 months to any of Global
Experiences programs. Final fees:
Once the application is processed and the program is set, an invoice for the
final program balance will be issued. Once Global Experiences finalizes a
program, it makes financial commitments on participant's behalf and is obliged
to secure and pay its overseas partners for many aspects of the program,
including accommodation, language training, volunteer aspects and other program
placements, excursions and any other service or component that is included in
the program. In the event participant has a conflict or complaint with his
program and believes a refund is due, participant must follow all grievance
procedures as stated below in section 17(c). Global Experiences reserves the
right to withhold any refunds at its sole discretion. The only instances that
would merit a refund of any course fees would include Global Experiences'
failure to provide as marketed any guaranteed component of a program, such as
accommodation, language training, volunteer placement or other such integral
components of a program. Refunds would only apply to the select component of
the program that is deemed by Global Experiences, at its sole discretion, to
not have met the original terms as outlined in the program description and
marketing materials. Again, any concerns or problems with any guaranteed
component of the program must first be addressed through the grievance
procedures as detailed below in Section 17(c) and final decisions regarding any
refund will be made by Global Experiences, at its sole discretion.
5. Disclaimer of Warranty. Except as set forth herein, any materials
and/or information provided as part of the Program
are provided to the Participant on an "as is" basis. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND
CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT, WITH REGARD TO ANY MATERIALS
AND/OR INFORMATION PROVIDED AS A PART OF THE PROGRAM.
6. Indemnification. Except as otherwise set forth herein, the
Participant hereby agrees to indemnify, defend and hold harmless the Company
and its officers, directors, employees, stockholders, affiliates, agents and
representatives, from and against any and all damages, losses, claims,
liabilities, deficiencies, costs, fees (including reasonable attorneys' fees)
and expenses, arising out of or resulting from participating in the Program or
the performance of this Agreement.
7. Limitation of Liability. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR
ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES
OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY
OR OTHER PECUNIARY LOSS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON
CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL THE
COMPANY'S TOTAL AGGREGATE LIABILITY TO THE PARTICIPANT UNDER CLAIMS ARISING
UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE PARTICIPANT TO THE
COMPANY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE
DATE OF THE INITIAL EVENT RESULTING IN SUCH CLAIMS.
8. Release. In consideration of the Company providing the Program at the
pricing set forth, Participant, for himself and his heirs, executors, personal
representatives, administrators, successors and assigns (separately and
collectively, "Releasor"), does hereby
irrevocably and unconditionally release, acquit, remise, exonerate and forever
discharge the Company, its past, present and future parents, subsidiaries,
divisions, affiliates, predecessors, successors, trustees and assigns, and the
past, present and future officers, directors, stockholders, members, partners,
agents, attorneys, representatives and employees of the Company and the other
foregoing entities (or any of them), and their heirs, executors, personal
representatives, administrators, successors and assigns (separately and
collectively, the "Releasee"), of and from
any and all actions, causes of action, suits, debts, dues, sums of money,
accounts, claims, demands, grievances, allegations, covenants, contracts,
controversies, promises, agreements, damages, costs and expenses, attorneys'
fees, obligations, liabilities and judgments, of whatever kind or nature, known
or unknown, disclosed or undisclosed, suspected or unsuspected, in law or in
equity or otherwise, that the Releasor (or any of
them) ever had, now have, or can, shall or may have, against the Releasee (or any of them), upon or by reason of any matter,
cause, or thing arising out of or related to the Program, whether prior to or
upon the date of execution of this Agreement or at any time thereafter. This is
a General Release. This release is not an admission of liability of any kind.
Participant acknowledges that the Company does not provide the Program at such
pricing without the release by the Participant as set forth herein. This
release also applies to any losses arising from the use of any vehicle or from
the selection of, or from any act or omission by, any housing agency, host
family, travel agency, transportation provider, hotel or excursion provider,
host institution, company or individual.
9. Local Customs and Laws. I understand that I will be traveling to a
foreign country, with different customs, standards, laws and risks than I am
unaccustomed to. I understand and acknowledge that (a) I may become sick or
injured while participating in a Program; (b) I may be arrested or imprisoned
if I do not conform to local laws; (c) there exists crime in foreign countries
and that I may be a victim of crime; and (d) I may not agree with local customs
and standards. I accept the above described risks and other risks associated
with travel in, to and among foreign countries. I understand that I am
responsible for exercising caution and common sense at all times and agree to
release and not hold Global Experiences responsible for any such problems I
encounter participating in a Program.
10. Procurement of Travel Insurance. It is required of ALL program
participants to procure all travel insurance necessary to cover participant for
entire length of program. This coverage is not provided by Global Experiences'
program fees. Participant agrees to provide Global Experiences with evidence of
said travel insurance prior to departing for the host country. Further, Global
Experiences and its partners reserve the right to deny a participant beginning
a program if evidence of the necessary travel insurance is not provided
accordingly. Participant is required to procure travel insurance because Global
Experiences, nor its partners, are responsible for unforeseen events out of its
control, which includes any instance of theft, burglary, assault, injury, loss
of property, medical emergencies or other medical needs, or any other
circumstance which might arise as a result of participant traveling abroad.
There are risks associated with international travel and it is important that
participants are aware of the specific risks as they relate to the host country
for their program. Participant acknowledges they have read and accepted the
terms and conditions set forth in Global Experiences' Policies, which can be
found on Global Experiences' website at www.globalexperiences.com/policies/.
Participant acknowledges that it is the responsibility of the participant to
understand the limitations of their travel insurance coverage and agrees that
Global Experiences is not responsible for any uninsured losses.
11. Medical Situations. Participant further acknowledges travel or
medical insurance is not provided by Global Experiences and procurement of such
is the sole responsibility of the participant. If a participant becomes sick or
injured while participating in the Program, the participant authorizes Global
Experiences to take such action as it considers necessary to secure treatment
and/or transportation back to the United States. I release Global Experiences from any
liability relating to this medical care. I agree to provide the name of an
Emergency Contact whom Global Experiences may contact should Global Experiences
find it necessary. If Global Experiences incurs any expense on behalf of
participant that is not covered by participant's insurance, participant agrees
to make immediate repayment upon participant's return. Participant hereby
acknowledges that this Application does not create any affirmative duty or
responsibility for Global Experiences to take any action should participant
become sick or injured while participating in a Program.
12. Program Changes. In extreme circumstances, I understand that Global
Experiences or its partners reserve the right to make changes, cancellations or
substitutions to the Program for insufficient enrollment, emergency or changed
conditions or based upon other circumstances which may affect a program. I
understand that any expenses incurred due to these changes, cancellations or
substitutions are my expense, including travel arrangements, change in accommodations,
or otherwise. If I choose to leave the Program as a result of these changes, I
understand there will be no refund of program fees or of any expenses already
paid. Once the Program is confirmed, should I make changes to the Program that
differ from the Program to which I was originally accepted and for which I have
paid, I understand that there will be no refund of program fees or of any
expenses already paid. Additionally, I understand that if the Program to which
I seek to change requires an additional fee, that I am responsible for paying
this fee in full and by the established payment due date.
13. Policy, Conduct and Behavior Compliance. By applying for and
attending a Global Experiences program, participant agrees to comply with all
of Global Experiences' Policies, including its rules, standards and
instructions for program participant behavior. Participant understands that
failure to do so may result in disciplinary action up to and including
dismissal from the Program. If dismissed, participant understands that (a) the
cost of returning home is at participant's own expense, and (b) participant
will not receive a refund of any kind. Participant further understands that
participation in a program may be terminated if participant is expelled from a
partner school, or otherwise disciplined by school or civil authorities, or if
Global Experiences, in its sole discretion, determines that participant's conduct
is incompatible with the interests, safety or welfare of other participants.
Participant agrees to indemnify Global Experiences if participant does anything
that causes Global Experiences to sustain financial loss or liability. Please
review further information regarding participant conduct on
our website at www.globalexperiences.com/policies/conduct/.
14. Use of Information. I understand that Global Experiences
occasionally uses statements made by its participants and/or their photographs
in marketing materials on the web and in print. Participant consents to such
use of his statements or photographs. Participant agrees that Global
Experiences may add participant's name and email address to an email
distribution list which will be shared with other participants on a Program,
unless I notify Global Experiences in writing otherwise.
15. Travel Documentation. Participant understands that obtaining a
passport and any other required travel documents is the sole responsibility of
the participant. Whether a U.S. citizen or not, participant shall hold
Global Experiences harmless in the event participant cannot obtain the
necessary documents for participation in the Program. Participant further
understands that the inability to obtain these visas and other documents does
not constitute grounds for a refund or waiving of any program fees.
16. Accommodations Policies. Participant understands that Global
Experiences does not directly provide nor profit from the accommodations
offered through its overseas partners or affiliates for its programs and
therefore, Global Experiences assumes no responsibility for any issues that may
arise with respect to participant's accommodation once the program has begun.
Any complaints or concerns regarding accommodation must be addressed with the
accommodations coordinator in the host country location for the participant's
program. This includes issues relating to proximity to your program locations,
the quality of the accommodations, issues relating to roommates, cleanliness or
any other issue as it relates to the accommodation. According the terms of all
programs provided by Global Experiences, the program fees paid by participant
includes accommodation in a shared apartment within a reasonable distance
(typically no more than 25 minutes by bus) from the school, intern placement
company or other program component location. Participant is responsible for any
costs incurred for transportation between the accommodation and the program
locations, including fare for buses, taxis, trains or any other transportation
costs. Other accommodations are available for an increased fee and Global
Experiences is happy to help facilitate those upgrades, however, Global Experiences
assumes no responsibility for the location, the condition or the security of
the accommodations and all such concerns or complaints must be directly
addressed through the accommodations coordinator in the program location,
typically through our program partner schools. Global Experiences does not
guarantee the location of accommodations nor does it guarantee any amenities
that may or may not be included in the accommodations. Participant further
understands and agrees that accommodation is for the participant only and it is
not possible to have friends, family or others stay with you unless you have
received express written permission from Global Experiences and the landlord of
the accommodations. Further, in light of having roomates
to consider, the fact that each landlord has its own rules for their premises,
and the security risks associated, entertaining guests in the accommodations is
also not permitted. Like each participant, Global Experiences is at the mercy
of the accommodations coordinator in the host country with respect to learning
this information and facilitating the best option
for accommodation available to each participant. Participant acknowledges and
agrees to all terms, conditions, and other information regarding accommodations contained
herein and our website at www.globalexperiences.com/accommodations/.
17. Miscellaneous
(a) Entire Agreement; Waiver; Modification. This Agreement constitutes
the entire understanding and agreement of the parties with respect to its
subject matter, and supersedes all prior and contemporaneous understandings and
agreements, whether written or oral, with respect to such subject matter. No
terms contained on any proposal, purchase order, acknowledgment or other
document will be effective with respect to affecting the terms hereof. No delay
or failure by either party to exercise or enforce at any time any right or
provision hereof will be considered a waiver thereof of such party's rights
thereafter to exercise or enforce each and every right and provision hereof. No
single waiver will constitute a continuing or subsequent waiver. No waiver,
modification or amendment of any provision hereof will be effective unless it
is in a signed writing by the parties.
(b) Assignment. Participant may not assign his rights or obligations
hereunder without the prior written consent of the Company, which may be
withheld in its sole discretion. This Agreement shall be binding upon and inure
to the benefit of the parties hereto and their respective heirs, personal
representatives, successors and assigns.
(c) Dispute Resolution Policies and Grievance Procedures. In the event
where Participant has a complaint with any part of a program, the following
grievance procedures must be followed for all program locations.
(1) Participant will address all such complaints, concerns,
conflicts or related problems immediately and directly with the Global
Experiences' resident or the appropriate representative of Global Experiences'
partner organization on the ground in the host location. At which time, Global
Experiences and/or its partner organization will attempt to rectify the problem
by working directly with participant and by offering proposed solution(s).
(2) If Global Experiences or its partner organization are unable to devise a
mutually-acceptable solution, participant must complete an official grievance resolution
form (which can be acquired from a Global Experiences representative or that of
its partner) and submit directly to the host representative and the Program Coordinator
with whom participant enrolled for that specific program at Global Experiences
headquarters in a further attempt to rectify any conflict. The resolution form
will then be reviewed by the Program Coordinator who will discuss the specifics
with the appropriate representative in the host country and directly with the
participant. Further solutions to resolve the complaint will then be presented
to the participant, one of which must be accepted by participant within reason.
(3) If all proposed solutions have not rectified the problem and the
participant still feels the situation, including all proposed solutions, is
unreasonable, the participant must notify the management at Global Experiences'
head office in writing and explain the full details of the situation. At this
stage a decision will be made by Global Experiences, at its sole discretion,
whether a refund of any amount is warranted. All decisions made by Global
Experiences, in its sole discretion, are final. If participant leaves program host country before exhausting all internal grievance procedures, no refunds will be provided and no further recourse is available to participant from that point.
(4) If after all options for resolution between the parties have been exhausted with no success, the parties agree to seek mediation and, if need be, binding arbitration via the Better Business Bureau of Metropolitan Washington to resolve such dispute. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in accordance with the BBB's dispute resolution process, including arbitration under the BBB Rules of Binding Arbitration, if necessary. If the participant has no documented record through the grievance procedures of their complaint, there is no recourse in addressing any dispute.
(d) Governing
Law. This Agreement shall be governed and construed in all respects by the laws of the Commonwealth of Virginia of the United States of America, without regard to principles of conflicts of laws and international laws. Each party hereby submits to the exclusive jurisdiction and venue of the state and federal courts sitting in the Commonwealth of Virginia for resolution of any dispute relating to this Agreement.
(e) Severability; Survivability. If any provision of this Agreement or
the application thereof to any party or circumstance is held to be invalid,
illegal, or unenforceable in any respect, that provision to that extent shall
be severed from this Agreement (but, to the extent permitted by law, not
otherwise), and shall not affect the remainder hereof, and the parties agree to
substitute for such provision a valid provision which most closely approximates
the intent and economic effect of such severed provision. The parties
acknowledge and agree that any provision that by its nature survives shall
survive cancellation or termination of this Agreement.
(f) Notices. Any notices required or permitted hereunder shall be given
to the appropriate party at the address specified above or at such other
address as the party shall specify in writing. Such notice shall be deemed
given: upon personal delivery; if sent by telephone facsimile, upon
confirmation of receipt; or if sent by certified or registered mail, postage
prepaid, three (3) days after the date of mailing.
(g) Costs of Prevailing Party. If either party brings an action to
enforce the terms of this Agreement, the prevailing party shall be entitled to
recover all costs and expenses, including attorneys' fees, from the other party
within reason.
(h) Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, and all of which
together shall constitute one and the same Agreement.
(i) Force Majeure.
The Company shall not be liable for any failure to perform any of its
obligations under this Agreement during any period in which such performance is
delayed due to circumstances beyond its reasonable control. For this reason, we
suggest to all participants they procure the necessary travel insurance to
cover all unforeseen circumstances and those out of participant's control.
References in this agreement to "Global Experiences" shall include
Global Experiences, Inc, and its subsidiaries, and all of its officers,
directors, employees, agents, interns, representatives, group leaders, overseas
partners, affiliates or other organizations, institutions and groups linked to
Global Experiences as it relates to its programs.
I have read the terms and conditions stated above and agree to all of these
terms and conditions.
I understand that I am bound by these terms and conditions once I formally
submit my application to Global Experiences, either via online application or
paper application.
I (or if I am a minor, my undersigned parent or legal guardian) certify that
all of the information I have provided in this
Application is true and accurate to the best of my knowledge and I agree to inform Global Experiences as soon as I learn
of any error or change to this information. I understand that any misrepresentation may result in
rejection of my application and dismissal from the Program. I agree with all
terms the above Agreement and Release. I acknowledge that the terms and
conditions outlined in Global Experiences' Policies constitute part of my
agreement with Global Experiences, including but not limited to sections
concerning program costs, payment obligations, program changes, housing, and
participant code of conduct. I have read and agree to Global Experiences'
Policies and program information. This agreement will be effective as of the date stated below and shall be governed by the laws of the Commonwealth of Virginia.
This is a fully enforceable and legally binding agreement that is accepted by
all program participants upon application to any Global Experiences' program.
Once you submit an application, either online or via paper application,
participant acknowledges and agrees to all terms as set forth in these terms
and conditions in addition to all other information provided in Global Experiences'
policies as outlined on its website at www.globalexperiences.com/policies/.
Agreed and Accepted by Participant:
_______________________________ _____________________________
Student Name Parent
Name (required if student is under 18)
_______________________________ _____________________________
Signature Parent
Signature (required if student is under 18)
_______________________________
Date
_______________________________
Name of High School
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