Volunteer/Internship Services Agreement
This Volunteer/Internship Services Agreement is a legally binding contract which sets forth all of the terms and conditions of Your agreement with Helping Abroad. As part of Your application process, You are required to verify and affirm that You have read and thoroughly reviewed this contract and that You understand, entirely accept and agree to be bound by all of its terms. All services and volunteer arrangements provided by or through Helping Abroad are subject to this contract and Your completion of an application and/or corresponding payment of any fee to Helping Abroad confirms Your contractually binding agreement to all of the terms and conditions of this contract. If You have any questions regarding this contract, please email Helping Abroad and We will be happy to assist You. However, this document, including any referenced exhibits hereto, is the sole source of any obligations and/or services to be provided by Helping Abroad and therefore no oral or other communications or documents regarding the substance of this agreement are relevant or binding upon Helping Abroad. You should retain legal counsel to assist You if You do not fully understand any provision included in this document.
This Agreement includes certain key terms that are specifically defined in the Definitions that follow. Other defined terms may be included in body of the Agreement. Defined terms are indicated by a capitalized letter at the beginning of the term and shall have the meaning and intent respectively defined below:
- "Agreement" shall mean this Volunteer/Internship Services Agreement between You, as the Applicant, and Helping Abroad, including the Term Sheet and any other written exhibits that may be referenced herein and/or attached to this document.
- "Applicant" shall mean the specific person identified on the Term Sheet that enters into this Agreement with Helping Abroad and may generally be used interchangeably with "You" or "Your" when possessively referring to You.
- "Country Coordinator(s)" means the person(s) in the Host Country who organize and coordinate Placements of Participants.
"Helping Abroad" shall mean Helping Abroad and may generally be used interchangeably with "We" or "Us" or "Our" when possessively referring to Us.
- "Host Country" sshall mean the Country in which Applicant is placed to perform Volunteer/Internship services.
- "Host Country Partners" shall mean the various persons, entities and/or organizations located within the respective Host Countries that have entered into an arrangement, relationship and/or contractual agreement with Helping Abroad and thereby generally agreed, subject to certain restrictions, to accept Helping Abroad Participants and allow the Participants to provide Volunteer/Internship services in connection with Projects being conducted within the Host Country.
- "Host Family" shall mean the people in the Host Country who provide living accommodations and meals to Participants during the Project, but may occasionally also include a hostel or similar accommodation.
- "Participants" shall collectively refer to persons that have volunteered services pursuant to an agreement entered into with Helping Abroad and generally includes the Applicant.
- "Placement" shall mean the general process of placing Participants in a particular services Project located within a Host Country.
- "Program Fees" shall mean the applicable fees to be paid to Helping Abroad by Applicant as identified in the Term Sheet.
- "Project" shall mean the specific venture and/or activity for which a Participant is engaged and selected to provide Volunteer/Internship services, as more fully specified in the Term Sheet.
- "Project Period" shall mean the length of time for which a Participant is scheduled to work in the Host Country in completion of the Project, as more fully specified in the Term Sheet.
- "Project Staff" shall mean the directors, managers, employees, representatives and/or other agents that are responsible for or otherwise in charge of the Project for which Applicant is providing Volunteer/Internship services hereunder.
- "Term Sheet" shall mean the document to be included as an exhibit/addendum to this Agreement which contains the specific terms of Applicant's Placement, including a description of the Project, the Project Period, the applicable Program Fees to be paid by Applicant and any similar information and supplemental contractual terms and obligations specific to Applicant.
- "Volunteer Coordinators" shall mean the respective entities and organizations located within each Host Country that generally coordinate and organize relief and Volunteer/Internship services and primarily decide which Projects within their Host Country require the Volunteer/Internship services to be provided by Participants.
2. Services Provided by Helping Abroad
2.1 Placement of Participants.
In consideration of Your payment of the Program Fees identified in the Term Sheet and the Volunteer/Internship services to be provided by You pursuant to this Agreement, Helping Abroad agrees to arrange a Volunteer/Internship Project in a Host Country for which You shall provide Volunteer/Internship services during the duration of the Project Period. Additional specific terms of the Project and the Volunteer/Internship services to be provided by You are provided in the Term Sheet. Helping Abroad is not obligated to perform any other services for or on behalf of You other than those specific services identified in this Section 2. Unless specifically provided otherwise in this Agreement, You shall remain solely responsible for paying any and all costs and expenses related to Your participation in any Project and/or Placement.
2.2 Placement Arrangements.
Helping Abroad will review and research Your Placement requests and attempt to reasonably match Your personal interests or preferences with the list of Projects made available to Us through the Volunteer/Internship Coordinators. Since Volunteer/Internship Coordinators control all Placements and corresponding Projects, Helping Abroad has no control over which Placements and/or Projects are available and which Participants are actually accepted by the Volunteer/Internship Coordinators and/or Project Staff for a specific Project. As a result, You are required to be flexible with regard to Placements and the specific Project that is ultimately selected and approved.
2.2.1 Project Selection
If, after Your arrival in the Host Country, You are dissatisfied with Your Project, Helping Abroad will likely be unable to timely find an alternative Project for You; however, the Country Coordinator will work with You and the Volunteer/Internship Coordinator try to resolve any difficulties as quickly as practicable. Helping Abroad is not obligated to find an alternative Project if You are simply dissatisfied with the Project selected for You and identified in the Term Sheet.
2.2.2 Placement or Project Variance
In some cases, the actual Placement or Project may differ slightly from the Placements and/or Projects described on Our website or in any related literature. Also, on many occasions, Project Staff may request that You assist with some additional jobs or services that are related to the assigned Project. If a Project terminates or other circumstances require the Country Coordinator to move You from one Project to another within the same Host Country, the Country Coordinator will arrange transportation from Your old Project to Your new Project.
If a Project change is required before You leave for the Host Country, Helping Abroad will attempt to find an alternative Project for You in the same Host Country. If Helping Abroad is unable to confirm an alternative Project within the same Host Country or You do not wish to accept the alternative Project selected for You, Helping Abroad will refund to You any monies pursuant to section 5 below.
2.3 Country Coordinators.
Country Coordinators are available in each Host Country. The Country Coordinator serves as the primary contact for You in the Host Country during the Project Period. The primary purpose of the Country Coordinator is to welcome You to the Host Country and to assist You in getting situated to complete the Project. Specifically, the Country Coordinator will, during the Project Period, assist You with: (i) arrival in the Host Country by meeting You, when possible, at the airport; (ii) arranging for room and board in the Host Country with the Host Family or hostel; (iii) orientation in the Host Country, its culture, the Host Family, general safety precautions, and related issues; (iv) introductions of You to the Host Family and, when reasonably possible, the Project Staff; and (v) offer emergency help or support if reasonably possible and as needed. Once You are introduced to the Host Family, the Country Coordinator will periodically contact You, usually in 2-4 week intervals, to ensure that the Project is proceeding satisfactorily. In rare circumstances, the Project is located at a great distance from the office of the Country Coordinator. In such an event, the Country Coordinator will not be available to drive You to Your Project and will be limited to providing You with guides and/or driving instructions and You will therefore be required to travel to the Project by Yourself.
2.4 Airport Reception.
The Country Coordinator or any other representative will pick You up from the airport in the Host Country if You timely inform Us of Your flight schedule, in writing, at least four weeks in advance of Your arrival in the Host Country. Unfortunately, travel delays in developing countries are a common occurrence. If, due to unforeseen circumstances, the Country Coordinator or representative fails to arrive within three hours of Your scheduled arrival in the Host Country, You should travel to the local contact hotel (or any nearby hotel) and call the Country Coordinator. The cost of transporting You to the airport at the end of the Project Period is solely Your responsibility and is not covered as part of the Program Fees. If Your flight is delayed or otherwise changed, please go to the contact hotel (or any nearby hotel), and Helping Abroad will reimburse You the cost of traveling to the contact hotel (up to a maximum of USD$30) upon Your furnishing of a travel receipt to the Country Coordinator.
2.5 Host Family
Helping Abroad arranges for a Host Family to provide living accommodations and meals for You during the Project Period. In terms of accommodations and meals, Helping Abroad assumes no responsibility beyond arranging for the Host Family to provide such services to You. You are solely responsible for arranging Your own accommodations and meals, at Your sole expense, if You arrive early or stay after the Project Period.
Accommodations vary among countries and regions and may also depend upon local conditions, the specific Project, or different programs. The accommodations will be basic to moderate but will vary depending upon the country and location within the country. Hygienic conditions for bathroom, toilet and related living facilities are often below western standards and are very primitive in many developing countries.
In most cases, the accommodations provided to You through the Host Family will consist of a separate bedroom, a shared lounge area, a shared bath room, and accessible toilets. However, depending on the exact situation, You may be required to share a bedroom in the Host Family's home with other Participants.
Any accommodations provided as part of a Placement are intended solely for use by Participants. No visitors of any Participant are permitted to make any use of any accommodations or meals provided by the Host Family.
If You choose to spend time away from the accommodations provided during the Project Period, such as on an overnight trip that You organize, You do so at Your own cost and neither Helping Abroad nor the Host Family will refund or reimburse You for accommodation costs incurred by You during time spent away from the Host Family.
Through the Host Family, You are provided local food, two to three times per day, for each day during the Project Period. The Host Family typically serves a family meal for all to eat and does not serve separate meals for You and/or each individual Participant. In certain circumstances, You may wish to supplement the provided meals with food purchased by You, particularly if You prefer a western diet. In such cases, You may wish to account for this contingency in Your personal finances and budget. Upon request, the Host Family will also provide boiled water for drinking and brushing teeth. The Host Family does not provide any mineral water, special diets or other beverage types. If You have a special or unique diet, You may contact the Country Coordinator and request assistance and the Country Coordinator may attempt to assist You but neither Helping Abroad nor the Host Family has any obligation to assist You with special dietary needs. If You require any additional dietary or other supplements to the meals provided through the Host Family, You must make such arrangements as You deem necessary at Your own personal expense. All meals provided during the Project Period are provided exclusively through the Host Family so You are solely responsible for all meals while away from the Host Family. No refund or other reimbursement is available if You decide to spend time away from the Host Family during the Project Period.
2.6 Travel Insurance
Your registration or weekly program fee DOES NOT cover the insurance. You agreed to pay the mandatory insurance fee. Once you pay the insurance fee, Helping Abroad does arrange comprehensive insurance to its Participants with coverage available during the entire duration of the Project Period. Please contact Us for details of benefits of the insurance.
If insurance arranged by Helping Abroad is not sufficient , You are solely responsible for evaluating and determining the type, extent and levels of any insurance coverage You may need or desire during the Project Period, including, without limitation, coverage for: light work; the cost of cancellation of the Placement by You; the cost of assistance including repatriation in the event of accident or illness; legal liability and expenses; lost baggage; cancelled flights; medical expenses; kidnapping; death, liability arising due to personal injury to You or a third party; and cancellation of your Placement for any other reason. You are also solely responsible for maintaining any necessary insurance documents with You as may be needed to prove any insurance coverage available to You. Helping Abroad will not be liable for any damages resulting from Your failure to buy appropriate insurance.
2.7 Internship Program (applicable only to Interns in Helping Abroad's Internship Program)
Helping Abroad offers an internship program in collaboration with local projects, institutes, and NGOs (non-governmental organizations). The internship program is not available to all Participants and is only available to specific Participants that apply as an intern as part of Helping Abroad's internship program. In most of these cases, the Country Coordinator or the director of the Project serves as a supervisor of a Participant's internship project. It is the intern's responsibility to develop his or her Project in collaboration with local supervisors. Many times, the Participant's expectations and the local Project conditions may be different, so it is Your responsibility to make sure that everything is acceptable before You join the Project.
3. Responsibilities of Applicant
3.1 Payment of Program Fees
IIn consideration for Helping Abroad's services in planning and arranging Your Placement and/or Program, You hereby agree to timely pay to Helping Abroad all of the Program Fees listed in the Term Sheet, as more particularly provided therein.
3.2 Placements and Projects
You hereby agree to be open and flexible in accepting Placements and/or Projects within the Host Country You have indicated as Your preference and You agree, understand and acknowledge that Helping Abroad has relied upon Your agreement to be flexible in accepting Your Placement and/or Project. If, prior to Your arrival in the Host Country, You are dissatisfied with the Placement and/or Project selected for You, Helping Abroad reserves the right to seek an alternative Placement and/or Project on Your behalf with no extra charge to You. If You are still not satisfied with the alternative Placement and/or Project that has been selected, You are entitled to cancel this Agreement and to refund of any Program Fees that may be refundable pursuant to Section 5 below.
3.2.1 Developing Countries
Developing countries obviously have great needs but very limited resources. As a result, You hereby agree that Placements and Projects in developing countries cannot and shall not be held to the same standards as similar Placements and Projects in developed nations. You agree that You shall not request any Placement and/or Project in a developing Host Country unless You have a thorough understanding of what to expect as far as accommodations, meals and likely Project challenges are concerned.
3.3 Applicant Information
You hereby authorize Helping Abroad to collect and retain personal information about You in connection with Your application with Us and You agree to provide additional information about You as requested by Helping Abroad. Such information to be collected and considered by Helping Abroad in reviewing Your application includes, but is not limited to, references, employment history, health history and medical information, social security and driver's license numbers, current and previous mailing addresses, criminal background check and family members. You agree, understand and acknowledge that Helping Abroad may use Your personal information in company (and its partner companies’s) promotion materials (newsletter) or share Your personal information with the Project Staff, Volunteer/Internship Coordinators, Host Family and similar persons or entities in connection with possible Placements and/or Projects for You. If Helping Abroad should determine, in its sole discretion, that You are unsuitable for any Placement, You agree that Helping Abroad may terminate Your application request by notifying You of the termination. Upon any such termination, You agree that You are only entitled to any refunds that may be specifically required pursuant to section 5 below.
3.4 Performance of Volunteer/Internship Services for Project
For the entire duration of the Project Period, You hereby agree that You shall provide voluntary services in connection with the Project, as requested and directed from time-to-time by the Project Staff. You hereby agree to join Your Project on the correct date and to continue work on the Project throughout the duration of the Project Period.
3.5 Respect and Adhere to Local Culture, Customs, and Laws.
Asia, Africa, and Latin America are lands of cultural wonders and these countries cherish and staunchly protect their traditional cultures, where values, thinking, dressing, and daily activities are very different from western culture. It is Your responsibility to understand and follow the local culture, customs and laws during Your entire stay in the Host Country. You agree to dress appropriately, respecting the culture of Your Host Country and Host Family.
3.6 Project Rules and Requirements.
In addition to the contractual requirements imposed upon You in this Agreement and the applicable laws of the Host Country, You are required to follow and adhere to any specific rules and/or requirements established by the Volunteer/Internship Coordinators for the applicable Host Country and any rules and/or requirements applicable to the specific Project. Please contact Us if You are concerned about any rules and/or regulations of Volunteer/Internship Coordinators and/or Project Staff or if You wish to read any such rules and/or regulations prior to executing this Agreement.
3.7 Contacting the Country Coordinator.
You are required to contact the Country Coordinator and inform him or her of Your arrival and provide a carbon copy of such contact to Us. You are required to ensure that the Country Coordinator acknowledges and responds to Your message.
3.8 Developing Countries.
Due to the fact that developing countries are poor and generally limited to primitive goods, services and resources, You agree, understand and acknowledge that You will not be provided and shall not expect to receive luxurious or superior accommodations and/or meals during the Project Period in a Host Country that is a developing or a poor country. You further agree, understand and acknowledge that the living accommodations and meals in such developing countries will be minimal and basic.
3.9 Contact Information
You agree that it shall be Your sole responsibility to retain and carry with You any and all necessary contact information, including the address and telephone number of the contact hotel and the Country Coordinator so that You may contact them in the event any need should arise.
3.10 Responsibility for Program Acceptance
You agree that it is ultimately Your responsibility to make sure that the assigned Project is the best Project for You and Your needs.
3.11 Additional Information
You are responsible for contacting Helping Abroad prior to accepting a Project and/or leaving for a Host Country, to request from Helping Abroad any additional Project or Host Family information that You may need before accepting a Project and/or leaving for Your Project.
You also agree, understand and acknowledge that You are solely responsible for thoroughly researching the Host Country and Project selected for You, including contacting other Participants who have already worked in a particular Host Country or Project, to satisfy any and all of Your information needs before You pay the applicable Program Fees.
3.12 Compliance with Host Family Rules
You agree to respect the culture and follow the rules of the Host Family. Host Families in developing countries can be very sensitive to cultural differences and it is Your responsibility to discuss cultural issues with the Country Coordinator and/or Host Family.
If You would like to bring a friend for a night or brief visit, You must first get permission from the Host Family. However, opposite genders are not allowed to stay in a room together unless You are a married couple or engaged to be married.
You agree and acknowledge that You will not leave any valuable belongings unattended or in any room without a lock and that Helping Abroad is not responsible, under any circumstances, for any damaged, lost or stolen items.
3.15 Personal Care
You agree that it is Your responsibility to clean Your own room, clothes, and personal items during the Project Period and to bring sleeping bags or any other accessories needed for personal use during Your stay with the Host Family. You further agree that You may not and will not use any personal belongings of the Host Family such as TV, telephone, AC or any other facilities without prior permission. For any such use, You agree to separately pay for these products and services and acknowledge that the Program Fee does not cover any such items.
3.16 Responsibility for Travel
You agree, understand and acknowledge that You will be solely responsible for arranging and paying for Your own travel, specifically including all airfare to and from the Host Country and local transportation. It is Your responsibility to carry all necessary documents while you travel overseas. You agree that Helping Abroad shall not be responsible for any supporting documents necessary for Your travel needs or other purposes. You agree that Helping Abroad is not responsible for any airfare or for any other charges that may result from canceling, changing or transferring flights or other arrangements which may occur as a result of Your Placement and/or Project being revised, cancelled, terminated or otherwise modified due to Force Majeure and/or any event and/or circumstances outside Helping Abroad's control.
Helping Abroad does not cover any of Your travel to Our local contact office. Program Fee does not cover in-country transportation, unless expressly listed in the Project description (such as the Mini-adventure or portions of the language and culture programs).
3.17 Personal Expenses
You agree, understand and acknowledge that You are solely responsible for all of Your personal expenses during Your Placement, which includes but is not limited to the cost of daily transportation to and from Your Host Family accommodations and Your Project.
You are solely responsible for evaluating and determining the type, extent and levels of any insurance coverage You may need or desire during the Project Period, including, without limitation, coverage for: light work; the cost of cancellation of the Placement by You; the cost of assistance including repatriation in the event of accident or illness; legal liability and expenses; lost baggage; cancelled flights; medical expenses; kidnapping; liability arising due to personal injury to You or a third party; and cancellation of Your Placement for any other reason. In addition, You agree, understand and acknowledge that You are solely responsible for reviewing the travel insurance provided by Helping Abroad pursuant to subsection 2.6 above and determining whether such coverage adequately and appropriately serves Your needs. If You determine that the travel insurance provided through Helping Abroad is insufficient to accommodate Your insurance needs, You are solely responsible for arranging and paying for suitable additional insurance coverage. You are also solely responsible for maintaining any necessary insurance documents with You as may be needed to prove any insurance coverage available to You.
3.19 Prohibition Against Direct Contact
You agree, understand and acknowledge that Helping Abroad has invested considerable resources in securing Your Placement and/or Project. As a consequence, You agree that You shall not directly contact any Project Staff, Volunteer/Internship Coordinator, school or any other similar contact or resource provided or otherwise disclosed to You by Helping Abroad and You agree that You shall not, under any circumstances, directly enter into any services arrangement with any such person or entity without Helping Abroad's prior written approval that conflicts with any of Your obligations hereunder to Helping Abroad. In the event of any breach by You of this subsection 3.19, You agree that You shall remain fully obligated to pay Helping Abroad for all Program Fees provided in the Term Sheet and You also automatically waive and forfeit any and all rights to reimbursement provided in section 5 of the Agreement.
3.20 Personal Liability
You agree that You are and shall remain personally and solely liable for Your conduct, actions and/or omissions within the Host Country, including, without limitation, any damages You and/or Your guests may cause: (i) to the Host Family and/or accommodations provided by the Host Family; (ii) to the Project Staff and/or the Project; and (iii) any person or property located within the Host Country..
3.21 Project Facilities
You agree that You shall not make any personal use of any Project facilities (for example, a school's swimming pool or sports facilities) without the prior consent of the Project Staff.
You agree that You are solely responsible for ensuring that You have and maintain a valid passport that is acceptable to the immigration authorities of the Host Country of Your Placement and that will remain valid for the duration of the Project Period and for a period of at least 3 months after the termination of the Project Period.
3.23 Responsibility for Immunizations and Medical Conditions
You agree that it is and shall remain Your sole responsibility to ensure that You have taken appropriate medical advice from Your doctor with respect to the Host Country in which You will be working, and that You have received all of the appropriate inoculations, immunizations and medical treatments with respect to the Host Country in which You will be placed within the appropriate period of time prior to Your arrival within the Host Country. In addition, You agree that You are solely responsible for bringing with You and maintaining any necessary/recommended medications or medical equipment (such as syringes, water sterilization tablets, mosquito nets and malaria tablets). You also agree to take reasonable steps to keep Yourself in good health by taking any such medications and not taking part in any high risk activities during Your Placement which could compromise Your health.
3.23.1 Criminal and Medical Disclosures
You agree that You will fully disclose to Us any and all criminal background information, medical conditions and health issues that are relevant to Your Placement before departure and Your work on any Project. You agree not to join children or any of Helping Abroad volunteer programs, if you have any criminal background or history. You agree that if You provide any incorrect or false information to Us, You will be solely responsible for any results and/or legal consequences under the laws of the respective Host Country and/or the United States. If You have given any incorrect or false information about Your medical or mental health conditions, You will be removed from the program immediately and You agree that You automatically waive and forfeit any right to any reimbursements otherwise payable pursuant to section 5 hereof.
3.23.2 Special Medical Needs
If You have any special medical needs or conditions or if You need special help, You agree to inform Us in writing, at least sixty days prior to Your departure for the Host Country. Medical facilities are limited in developing countries so You are solely responsible for verifying that any medical treatments and/or facilities that You need or anticipated needing to accommodate Your medical needs are available in the Host Country near the location of Your Project.
3.24 Food and Water in Developing Countries
Water and food safety and sanitation in developing countries is not nearly as regulated as it is in developed countries. As a consequence, tap water and local foods from smaller restaurants and food vendors is much more likely to be polluted, contaminated or contain impurities that could be harmful if digested. For these reasons, You agree that You are solely responsible for avoiding the consumption of tap water and avoiding foods from roadside vendors and/or cheap restaurants. Any consumption of tap water, without boiling it first, or eating foods from roadside vendors or similar sources may result in diarrhea or more serious ailments.
3.25 Travel Advisories
It is Your sole responsibility to investigate and adhere to any travel warnings from Your governmental agencies. You agree that Helping Abroad shall bear no obligation or responsibility whatsoever for any liability resulting from Your failure to follow any travel advisories. You hereby agree that You are solely responsible and do hereby assume all personal risks of traveling to and working in any Host Country.
In all cases, a visa is required for entering any Host Country to provide Volunteer/Internship services. If you do not obtain a tourist Visa, you are solely responsible for any consequences that may follow . You Agree to obtain tourst visa before leaving Your home Country. You agree, understand and acknowledge that You are solely responsible for arranging, obtaining and/or extending Your visa, including payment of any and all fees associated with Your visa. Notwithstanding the foregoing, Helping Abroad does assist Participants enrolling in Helping Abroad's English Teaching Programs in China or Thailand with obtaining a working visa, as provided in section 2.8 hereof, and Participants receiving such assistance from Helping Abroad shall immediately pay any and all processing fees associated with the visa.
3.26.1 Visa Restrictions
You acknowledge that many countries unfortunately do not offer visas specifically for volunteer/interns and work permits are often very difficult or impossible to obtain. Accordingly, many volunteer/interns choose to enter certain Host Countries on a tourist visa. You acknowledge that, technically, You may not be authorized to work in that Host Country on a tourist visa, either with or without pay, but it may be the only way that You are allowed into the Host Country and many Host Countries are tolerant of volunteer/interns who are present on tourist visas. However, there is no guarantee that this will remain the position in any particular Host Country and You therefore agree, understand and acknowledge that there is a risk that You could have problems with local immigration authorities, particularly if You are offered and accept any form of payment for Your Volunteer/Internship services. As a consequence, You agree that if You are not prepared to accept these associated risks, You will only select a Placement in a Host Country where volunteer visas or work permits are readily available. Prior to Your designation of desired Placements, Helping Abroad can, upon request, provide You with more information on those Host Countries. You agree that You are solely responsible for ensuring that You have obtained a visa that is appropriate for You in the circumstances explained above and for the costs of obtaining such a visa.
3.26.2 Visa Complications
In the event that Your Placement has to be cancelled or significantly curtailed due to the immigration authorities not accepting Your visa as adequate in the circumstances set out above, We will use reasonable efforts to try to find a Placement for You in an alternative Host Country without extra charge, but You agree, understand and acknowledge that You are not entitled to any refund of any payments and/or Program Fees. If We are able to offer You an alternative Placement, You will be solely responsible for all costs and expenses involved in traveling to it and from the alternative Host Country. If We are unable to locate an alternative Placement, You agree that You shall remain solely responsible for all costs of Your return transportation from Your original Placement.
3.27 Prohibited Activities
You agree that You shall not engage in any missionary activities, criminal activities, illegal drug use or trafficking, interactions with terrorist groups, or any political activities. You agree that You will not travel alone after dark or engage in any other reckless or negligent conduct that could impact your welfare or safety such as alcohol abuse or ingesting any other drugs. You further agree that You will not swim in any open rivers or travel alone in dense forest or isolated areas where you may get lost. You agree that You will not drink alcohol and smoke cigarettes inside Helping Abroad office/hostel premises, project facilities and host family premises. You also agree that You will not engage in any sexual or other activities which may be offensive to local culture and custom of host family. You also agree to respect the privacy and welfare of other volunteer/interns living in the same hostel/hotel/host family. Failure to obey any of the above conditions will lead to immediate cancellation of your involvement in the Project and removal from the Host Family premises and You hereby forfeit and waive any rights to any reimbursement that may otherwise be provided in section 5 hereof.
3.28 Resolution of Complaints
It is Your responsibility to first try to resolve any complaints through the Host Family, Project Staff or the Country Coordinator before contacting Helping Abroad. However, if the problem is considered serious, You shall contact Helping Abroad immediately. Helping Abroad will promptly contact the Country Coordinator and any other parties involved in resolution of the issue.
3.29 For the general complaints You agree to follow the following complaints management steps
Submit Written Complaints: All complaints that are submitted to Helping Abroad must be submitted in writing and signed by You, which shall be deemed to constitute a representation by You that all statements contained in the complaint are true and correct. Helping Abroad does not accept complaints submitted by emails. While submitting complaints You agree not to complaint about the limitations of Helping Abroad program and services We never promised (Our services, limitation of programs, and Your responsibilities are explicitly given in many sub sections of terms and conditions).
Country Coordinator's reply: Once We receive Your written signed complaints, Helping Abroad will forward it to country coordinator for response. Helping Abroad also collects information to verify Your complaints from project staff (where You worked), host family, project coordinator, and relevant witnesses.
Verification and Decision: Up on collection of all information about Your complaints from host country, Helping Abroad fairly analyze Your complaints and make a decision. While making verification, We carefully analyze the facts, Our promised services, and if You violated the terms and conditions.
Refund: If Helping Abroad concludes that we failed to offer the promised services, we will give a partial refund after deducting the actual cost incurred on you. However, no refund will be made if we determine your complaints are not true, biased, fabricated, or you consistently ignore coordinators warning or violated terms and conditions or ignore limitation of our program (outlined in many subsections of our terms and conditions)
Time Period: Completion of all complaints verification, analysis, decision, and refund (if necessary) generally takes 1- 2 months.
4. Program Fees and Application Procedure
4.1 Payment of Program Fees
In consideration for Helping Abroad's services in planning and arranging a Placement and Program for You, You agree that You shall timely pay to Helping Abroad all of the Program Fees listed in the Term Sheet.
4.2 Refundable Deposit
Upon completion of Your initial application form, You shall pay a refundable deposit to Helping Abroad in the amount of US$ 99.00, which represents a portion of Your Program Fees. The payment of the deposit to Helping Abroad is refundable as:
- Full refund if you cancel within 24 hours
- 50% refund if you cancel within 3 days
- 25% refund if you cancel within 7 days
- No refund after 7 days
- 100% refund if we fail to give you a placement
4.3 Application Procedures
Upon receipt of Your initial application and deposit, We will send You a placement sheet, which includes confirmation of Your initial application form and a Term Sheet, which includes a schedule identifying the details of the deposit that You have paid Us and the deadline for Your payment to Us of the remaining balance of the Program Fees. Pursuant to the instructions included in the welcome pack, You must then complete the online Application Form 2 and the Travel Arrangements Form in full by the specified date. We will begin to arrange Your Placement once You have fully completed the Application Form 2. You will be advised of Your confirmed Placement and Project as soon as reasonably possible.
4.4 Payment of Balance of Program Fees
You hereby agree to pay to Us the remaining balance of the Program Fees at least 90 days prior to Your scheduled arrival date of Your Placement, or at the time of application if You apply in less than 90 days from the proposed start date.
4.5 Confirmation of Placement
We will provide You with the final details of Your Placement not less than 7 days before Your Placement start date. We cannot and do not guarantee the complete accuracy of the final details of Your Placement since the Country Coordinator and/or Project Staff is responsible for Your placement may occasionally make minor changes to these details prior to Your arrival without Our knowledge.
4.6 Requested Revisions
If You wish to revise Your Placement and/or Project after it has been confirmed by Helping Abroad, We will use reasonable efforts to make the requested changes, provided We receive Your requested revisions in writing and there is sufficient time to do so. The minimum notice We require in order to make a requested revision is 90 days prior to Placement start date. If You accept the revisions We offer in response to Your request, You agree to immediately pay a minimum charge of USD$75 to cover the costs incurred by Us in connection with any requested revision to Your Placement or Project. No revisions will be implemented without advance payment of the specified fee. However, any revision that You request to a Placement or Project that is scheduled to start in less than 90 days from the date of Our receipt of Your requested revisions will be subject to a revision fee of USD$110.
4.7 Completion of Application
We reserve the right to postpone Your arrival date at Your Placement if You do not complete all of the required forms and timely pay to Us the total remaining balance owed by You in connection with the Program Fees. The final deadline for receipt of Your completed application form, including this Agreement, and full payment of the Program Fees is 28 days before Your scheduled arrival date at Your Placement.
5.Refund and Cancellation Policy
Compared to similar companies that provide comparable comprehensive Volunteer/Internship service opportunities, Helping Abroad's Program Fees are significantly less than the fees charged by other such companies and Participants are encouraged to compare Helping Abroad's Program Fees to the fees charged by other similar programs. As a consequence, Helping Abroad operates on a much smaller profit margin and is therefore unable to provide and does not provide an open refund policy. It is solely Your decision to join Our Program and no Applicant should participate in Our Programs if the Applicant feels that he or she is paying more for the services than he or she will be receiving from Our Program. Helping Abroad commits significant resources to arranging each Placement and Project. In most Host Countries, payments to Volunteer/Internship Coordinators, Country Coordinators, Project Staff and/or the Host Family are made well in advance to pay for their commitments and services. Helping Abroad is unable to recover these advance payments so Helping Abroad is required to adopt and enforce a strict policy against refunds, except as otherwise specifically provided in subsection.
Our total application fee is $299, of which you made a $99 deposit. when you pay the remaining balance of $200. The following refund policy will apply.
- Full refund if you cancel within 3 days
- 50% refund if you cancel within 7 days
- 25% refund if you cancel within 14 days
- No refund after 14 days
In Helping Abroad’s present model, volunteers pay weekly program fees directly to the country coordinator. The country coordinator distributes fund to host families, projects, and other places. As Helping Abroad does not collect weekly program fees, we will not be responsible for any refunds. You agree to directly deal with the country coordinator for the refund of your weekly program fees.
Sometime volunteers also pay the weekly program fee (rather than paying directly to country coordinator) to us. If we collect the weekly program fee in Dallas, the following refund policy will apply
- 100% refund if we fail to give you a placement.
- 75% refund if you cancel before the 60 or more days from the start of the program.
- 65% refund if you cancel within 45 to 59 from the start of the program.
- 50% if you cancel within 30 to 44 from the start of the program.
- 25% refund if you cancel with in 29 or Less Days from the Start of Project.
- 0% refund if you cancel the program within 29 days or after the Start of Project.
- When we transfer fund to local partner or country coordinator, there will be NO refund. Our local partner/Country coordinator distribute fund in advance to book/confirm project/room/food so refund is not possible.
- We can not be responsible for refund when you directly pay to our local partner/Country coordinator.
5.4 Cancellation of Project by Helping Abroad
If Helping Abroad cancels a Project before the start of the Project, Helping Abroad will provide you a full refund of the applicable Program Fee.
If Helping Abroad cancels a project after the Project start date due to a sudden outbreak of disease, political instability, natural disaster or similar conditions beyond our control, Helping Abroad will refund to you a portion of the Program Fee based upon the remaining weeks in the Project Period. The rate ranges from $50-150 per week depending upon the particular Host Country, as further explained in the Term Sheet.
5.6 Payment of Refunds
Any refunds payable hereunder by Helping Abroad will be made to You within ninety (90) days from the confirmation day of cancellation.
6. Termination of Agreement
6.1 Immediate Termination of Agreement by Helping Abroad
Helping Abroad reserves the right to immediately terminate this Agreement by giving You written notice of termination if any of the following events occur: (i) Helping Abroad discovers that You are involved in any illegal activities or convicted of any criminal activities before or during the Project Period; (ii) Your behavior, actions and/or conduct is deemed threatening or unacceptable offensive in the judgment of the Project Staff and/or the Country Coordinator or otherwise causes fear or distress to any member or guest of the Host Family or anyone else involved in the Project; or (iii) You provide to Helping Abroad incorrect or false information about Your medical or mental health conditions. Any such termination pursuant to this subsection 6.1 shall be effective from the date of notice of termination and You agree that You shall not be entitled to any refund whatsoever.
6.2 Termination After Notice and Cure Opportunity
Helping Abroad reserves the right to terminate this Agreement by giving You written notice of termination if any of the following events occur: (i) the Project Staff and/or Our Country Coordinator feel that You are not fulfilling Your responsibilities and duties under this Agreement; (ii) You refuse to accept and perform Your Volunteer/Internship services under this Agreement; or (iii) You violate any term of this Agreement. In the event Helping Abroad elects to terminate this Agreement for any of the grounds provided in this subsection 6.2 above, Helping Abroad will first give You written notice identifying the violation alleged by Helping Abroad and You will have ten (10) days from notice to remedy the alleged violation. If You fail to remedy the alleged violation within the specified cure period, Helping Abroad may proceed to terminate this Agreement by giving You written notice of termination. No refunds whatsoever shall be recoverable or payable to You in the event of any termination of this Agreement pursuant to this subsection 6.2.
6.3 Effect of Termination
In the event of any termination hereunder, You shall be required to immediately leave and vacate the Host Family premises and the Project premises. If You fail to immediately vacate and avoid the Host Family premises and/or Project premises, appropriate legal action may be initiated against You as is necessary to compel Your compliance. In all events, Helping Abroad shall bear no responsibility or liability for any termination hereunder and You are solely responsible for any costs of return travel, meals and/or alternative living arrangements.
7. Releases and Waiver of Liabilities
7.1 Assumption of Personal Risks.
YOU HEREBY AGREE, UNDERSTAND AND ACKNOWLEDGE THAT YOUR AGREEMENT TO TRAVEL TO, TEMPORARILY LIVE IN AND PROVIDE VOLUNTEER/INTERNSHIP SERVICES ON A PROJECT IN A FOREIGN HOST COUNTRY ESPECIALLY IN WIDLIFE PROJECTS, CONSTRUCTION PROJECTS, AND SIMILAR PROJECT NECESSARILY INVOLVES A CERTAIN DEGREE OF HAZARDS, INHERENTLY DANGEROUS ACTIVITIES AND PERSONAL RISKS TO YOU, BOTH FORESEEN AND UNFORESEEN, ALL OF WHICH ARE FULLY ACCEPTED BY AND SOLELY ASSUMED BY YOU. IN ADDITION, YOU HEREBY FULLY AND PERMANENTLY RELEASE AND FOREVER DISCHARGE HELPING ABROAD FROM ANY AND ALL LIABILITY FOR YOUR PERSONAL INJURY, EMOTIONAL INJURY, ILLNESS, DISEASE, DEATH, AND/OR PROPERTY DAMAGE THAT MAY RESULT OR OCCUR DURING YOUR PLACEMENT AND/OR THE PROJECT PERIOD.
7.2 Release and Waivers in Favor of Helping Abroad.
YOU HEREBY FULLY, PERMANENTLY AND IRREVOCABLY RELEASE, FOREVER DISCHARGE AND AGREE NOT TO SUE HELPING ABROAD, INCLUDING ANY AND ALL OF ITS SUCCESSORS AND ASSIGNS, ITS AGENTS, MANAGERS, PARTICIPANTS, APPLICANTS, MEMBERS, EMPLOYEES, OFFICERS OR REPRESENTATIVES, AND ANY COUNTRY COORDINATORS, VOLUNTEER/INTERNSHIP COORDINATORS, HOST FAMILIES OR OTHER PERSONS, ENTITIES, PARTIES, ORGANIZATIONS OR AGENCIES COLLABORATING WITH HELPING ABROAD (COLLECTIVELY "RELEASED PARTIES"), VOLUNTARILY AND WITHOUT DURESS, FROM ANY AND ALL ACTIONS, SUITS, LIABILITY, CLAIMS, DEMANDS, LOSSES, COSTS AND/OR CAUSES OF ACTION FOR DAMAGES OR OTHER LEGAL OR EQUITABLE RELIEF OF ANY NATURE INCLUDING, WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURY, EMOTIONAL INJURY, ILLNESS, DISEASE, DEATH, PROPERTY DAMAGE OR OTHER LOSSES, EXPENSES AND/OR DAMAGES (COLLECTIVELY "CLAIMS"), WHICH MAY HEREAFTER ARISE FROM ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT ARISING FROM YOUR PARTICIPATION IN ANY PROJECT OR PLACEMENT AND/OR ANY PROJECT, ACTIVITY OR EVENT SPONSORED, MANAGED, ARRANGED, OR PROMOTED BY, OR OTHERWISE AFFILIATED OR ASSOCIATED WITH HELPING ABROAD, WHETHER OR NOT FORESEEABLE OR CONTRIBUTED TO BY THE NEGLIGENT ACTS OR OMISSIONS OF HELPING ABROAD OR OTHERS.
You agree, understand and acknowledge that Your release and waivers in this section 7 in favor of the Released Parties effectively releases and discharges the Released Parties from any liability or claim that You may have against the Released Parties with respect to any Claims that may result from Your participation in any Placement and/or Project. You also agree, understand and acknowledge that Helping Abroad does not assume any responsibility or obligation to provide financial assistance or other assistance, including, but not limited to, medical, health, or disability insurance, in the event of injury, illness, death, or property damage. You agree, understand and acknowledge that You are solely responsible for Your own safety and health care needs and for the protection of Your property.
We provide only limited comprehensive travelers' insurance. In no way, shape or form can we be held liable or responsible for the carrier's terms and conditions.
7.5 Medical Treatment
You also hereby release and forever discharge the Released Parties from any and all Claims whatsoever that may arise on account of any first aid or other medical treatment rendered during Your participation in any Project or Placement and/or any other project, activity or event sponsored, managed, arranged, or promoted by, or otherwise affiliated or associated with Helping Abroad.
7.6 Supplemental Waiver as to Teaching Programs
In addition the assumption of risks and waivers provided in subsection 7.1 above, You also agree to fully release and forever discharge the Released Parties from any and all liability, injury, dispute or Claims involving or arising out of any teaching program in China or Thailand and You agree, understand and acknowledge that Helping Abroad cannot and does not have any authority or control over any Chinese or Thai schools.
7.7 Waiver of Special or Punitive Damages
NEITHER PARTY TO THIS AGREEMENT, NOR ANY RELEASED PARTIES, SHALL BE LIABLE TO EACH OTHER FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF SAID PARTY HAS BEEN ADVISED OF THE RISK OR POSSIBILITY OF SUCH DAMAGES, AND EACH PARTY HERETO EXPRESSLY WAIVES ANY AND ALL RIGHTS TO ASSERT OR RECOVER ANY SUCH DAMAGES FROM ONE ANOTHER.
7.8 Extent of Releases and Waivers
You hereby agree, understand and acknowledge that the releases and waivers given by You in this Section 7 are intended by You and Helping Abroad to be as broad and as inclusive as permitted by law.
8. Additional Representations and Warranties
8.1 Volunteer/Internship Services
You agree, understand and acknowledge that Your agreement to provide Volunteer/Internship services in connection with Your Placement is an important condition of this Agreement and therefore You agree that the services We provide are not comparable to or to be treated as an alternative to any travel program. The opportunity to explore different cultures, customs, religions, languages and nature exists, but it only exists as a component of Your obligations to work as a Volunteer/Internship in a Host Country..
8.2 Majority Age and Contractual Capacity
You represent and warrant to Us that You are of majority age of eighteen years of age or older and that You have full and complete capacity and authority to bind Yourself to this Agreement.
8.3 Photographic Assignment and Release
You hereby grant and convey unto Helping Abroad all rights, title, and interest in and to any and all photographic images and video or audio recordings that may include images and/or recordings of You and made by or on behalf of Helping Abroad or made with Our consent, in connection with Your participation in any Project or Placement arranged through Helping Abroad and/or any Project, activity or event sponsored, managed, arranged, or promoted by, or otherwise affiliated or associated with Helping Abroad, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. Your consent to such use by Helping Abroad includes mention of Your name, age, town/city/country/area of residence.
You hereby, grant Helping Abroad, the permission to use Your email address, telephone number, images (photos), video, audio, writings (testimonies), and other recordings to use in the web pages, newsletters, brochures, and all other kinds of promotional materials of Helping Abroad and its affiliated organizations, which We get by Your contact with Helping Abroad and/or Your participation in Our program.
8.4 Project Work
You understand, agree and acknowledge that all work and details of the Volunteer/Internship services to be provided by You in connection with the Project are governed solely by the Project Staff and Helping Abroad has no control or responsibility with regard to Your work on the Project and We do not and cannot guarantee Your level, extent or amount of work.
8.5 Physical and Mental Health
You represent and warrant that You are in sufficient physical and mental health to participate in the Placement and Project selected for You and do not have any physical or mental conditions which could impair Your ability to participate in any Placement or Project.
8.6 Developing Countries
You represent and warrant that You agree, understand and acknowledge that working in developing countries not only offers opportunities for great adventure and cross-cultural immersion, but it also carries the corresponding limitations of developing countries. These limitations include, but are not limited to, poverty; poorer quality of food and water, poorer living accommodations, limited and less sophisticated medical services, limited or no democratic freedoms, limited or non-existent personal comforts such as air-conditioning, less stable governments, limited communication and transportation facilities; terrorist activities, higher criminal rates, beggars; and wide-ranging cultural differences that may affect Your stay in many ways. These are the realities of developing countries and You acknowledge and assume the task and risks of accepting these and other similar limitations during Your stay within a developing country. In addition to the foregoing, You agree, understand and acknowledge.
8.6.1 Reduced Safety Standards Safety standards in most Asian, African, and Latin American countries generally do not meet the standards in the United States or other developed countries. Various risks exist in many areas of travel: by raft, canoe, boat, bicycle, train, plane, automobile, horseback, or by other means of conveyance; or on foot, roads, or trails; or at hotels.
8.7 Consent to Placement and Host County Selection
You agree, understand and acknowledge that You are solely responsible for determining which Host Countries You designate as Your preference and You hereby warrant and represent to Helping Abroad that You have thoroughly and exhaustively researched all Host Countries designated as a preference by You for Your Placement and You hereby consent to and accept all conditions of living and working in the Host Country in which You are placed and acknowledge that You are fully aware of any and all hardships and adversity associated with living and working in the Host Countries You have designated as Your preferences. For these reasons, You hereby warrant and represent that You will not assert or allege that Helping Abroad has mislead You in any way in connection with any Placement for which You are selected.
8.8 Transfer or Sharing of Your Personal Information
In connection with Your Placement, it may be necessary for Us to transfer personal information about You, such as medical information, background-check information and details of any convictions, to a country or countries outside of the United States or Canada where an adequate level of protection of such data may not be provided and You hereby fully consent to any and all such transfers of Your personal information.
9.1 Your Indemnity of Helping Abroad
You agree to fully indemnify and hold Helping Abroad harmless from and against any and all claims, demands, losses, causes of action, costs, expenses, fees and damages arising out of or related to: (i) any breach by You of this Agreement; (ii) any damages, losses, personal injury, property damage, fines, assessments, fees or costs that are caused to or asserted against Helping Abroad as a result of Your actions, inaction or omissions; or (iii) any contractual claim or other cause of action asserted against Helping Abroad as a result of Your conduct and/or Your failure to perform the Volunteer/Internship services required hereunder.
10. Force Majeure
10.1 Project Delay or Cancellation Due to Force Majeure
Various events which Helping Abroad is unable to control may arise and cause disruption, delay or cancellation of Your Placement or Project. Such circumstances are likely to include: war or threat of war, terrorist activity or threat of such activity, riots or civil strife, industrial action, natural or nuclear disaster, fire, adverse weather conditions, health risks and epidemics, labor dispute, strike, work slow down or work stoppage and all similar circumstances beyond Our control (collectively "Force Majeure"). You agree, understand and acknowledge that Helping Abroad shall have no liability for any delay or cancellation of a Project or Placement due to Force Majeure and You hereby agree to accept all risks associated with the occurrence of any Force Majeure. Helping Abroad's only obligation in the event of any Force Majeure is to reasonably attempt to reschedule or relocate Your Placement and/or Project. If Helping Abroad is unable to reschedule or relocate Your Placement and/or Project, You are entitled to seek any reimbursement of Program Fees that may be provided pursuant to section 5 hereof.
11. Miscellaneous Provisions
11.1 Construction and Interpretation
Each and all parties hereto acknowledge and agree that this Agreement is not a standard contractual form and that each respective party hereto is represented, or had the opportunity to be represented, by legal counsel in connection with the matters set forth herein, and that this Agreement shall, for all purposes, be deemed drafted by all parties hereto and no rule of construction or interpretation shall be invoked either against or in favor of any party respecting the interpretation of any provision hereof. Whenever used herein, the singular number or singular nouns shall include the plural, the plural the singular and the use of the masculine, feminine or neuter gender shall include all genders, as the context may require, and the term "party" shall mean an individual, a corporation, an association, a partnership, a trust and any legal entity.
11.2 Section Headings
All titles or headings to articles, sections, subsections or other divisions of this Agreement or the exhibits hereto are only for the convenience of the parties and shall not be construed to have any effect or meaning with respect to the other content of such articles, sections, subsections or other divisions, such other content being controlling as to the meaning and intent and the content.
Wherever legally possible, each and every provision of this Agreement shall be interpreted in such manner as to render it valid, effective and enforceable under applicable law according to its express terms, but if any provision of this Agreement shall be deemed legally prohibited or invalid under applicable law by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions or any of the remaining provisions of this Agreement, which shall remain in full force and effect absent said invalid provisions.
This Agreement may be executed in multiple counterparts or copies, each of which shall be deemed an original hereof for all purposes. One or more counterparts or copies of this Agreement may be executed by one or more of the parties hereto, and some different counterparts or copies executed by other parties. Each counterpart or copy hereof executed by any party hereto shall be binding upon the party executing same even though other parties may execute one or more different counterparts or copies and all counterparts or copies hereof so executed shall constitute but one and the same instrument. Each party hereto ("Signing Party"), by execution of a counterpart or copy hereof, expressly authorizes and directs any other party hereto to detach the signature pages and/or acknowledgment, attestation, witness, jurat or similar pages thereto from the counterpart, facsimile or copy hereof executed by Signing Party and affix same to another identical counterpart, facsimile or copy hereof executed by Signing Party such that upon execution of multiple counterparts, facsimiles or copies hereof by all parties hereto, each party hereto may have a counterpart or copy hereof to which is attached signature pages containing signatures of all parties hereto, together with any such acknowledgment, attestation, witness, jurat or similar pages relating thereto. The parties hereto expressly agree and acknowledge that facsimile signatures and electronic signatures or other electronic "consent click" acknowledgments shall be effective as original signatures.
Helping Abroad may assign this Agreement or any of its rights or obligations hereunder to any third party without Applicant's express written consent. Applicant may not assign this Agreement or any of Applicant's rights or obligations hereunder without Helping Abroad's prior written consent.
All demands, notices, approvals, consents, requests and other communications provided for hereunder shall be in writing and may be mailed or electronically transmitted via email, to the party to whom sent, addressed to it, at its address, facsimile or email address as set forth on the Term Sheet or such other address, facsimile or email address as such party may hereafter specify. Each such communication shall be effective (a) if given by telecopier or other electronic means, when such communication is transmitted to the specified address and any appropriate confirmation is received, or (b) if given by mail, three (3) business Days after such communication is deposited in the mail with first class postage prepaid, addressed as aforesaid.
11.7 Failure to Act and Waiver
No failure or delay on the part of any party hereto in the exercise of any right, power or remedy existing hereunder or by law shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. Any waiver granted by any party hereto shall be effective only if in writing and only in the specific instance and for the specific purpose given. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on either party not provided for herein in any case shall entitle such party to any other or further notice or demand not provided for herein in the same, similar or other circumstances.
In the event of any litigation between the parties to this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including reasonable costs of appeal, if any.
11.9 Independent Contractors
In performing their respective services hereunder, each shall operate as and have the status of independent contractors and shall not act as or be an agent or employee of the other. Neither party shall have any right or authority or assume or create any obligations or make any representations or warranties on behalf of the other party, whether express or implied, or to bind the other party in any respect whatsoever.
11.10 Injunctive Relief
Either party may have injunctive, preliminary or other equitable relief to remedy any actual or threatened dispute.
Each party hereto agrees and acknowledges that, upon the written demand of any party, whether made before or after the institution of any legal proceedings, but prior to the rendering of any judgment in that proceeding, all disputes, claims and controversies between them whether individual, joint, or class in nature, arising from this Agreement, including without limitation contract disputes and tort claims, shall be resolved by binding arbitration pursuant to the Commercial Rules of the American Arbitration Association ("AAA"). Any arbitration proceeding held pursuant to this arbitration provision shall be conducted in the Dallas, Texas or at any other place selected by mutual written agreement of the parties. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. All statute of limitations, prescriptive periods, estoppel, waiver, laches and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of any action for these purposes. The Federal Arbitration Act (Title 9 of the United States Code) shall apply to the construction, interpretation, and enforcement of this arbitration provision.
11.12 Choice Of Law
This Agreement and the transactions contemplated hereunder shall be construed in accordance with and governed by the laws of the State of Texas , United States of America , without giving effect to conflict of laws principles.
11.13 Consent to Jurisdiction and Venue
EEach party hereto irrevocably consents to the jurisdiction of the United States of America and further consents to the specific jurisdiction of the state and federal courts of the State of Texas and agrees that any suit, action or proceeding arising out of or relating to this Agreement, or any related documents, may be instituted against it in Dallas, Texas.
No alteration, modification or other change of this Agreement shall be valid, effective or enforceable under any circumstances, except and unless the parties clearly document their intention to revise or amend this agreement and/or its specific terms pursuant to a written agreement that is signed by the party against whom enforcement of any such alteration, modification or other change is sought.
Applicant agrees, understand and acknowledges that Applicant (i) has read and fully understands this legal contract, with full knowledge of its meaning and significance; (ii) intends that this Agreement be legally binding upon and enforceable against Applicant; (iii) confirms that Applicant is at least eighteen (18) years of age, fully competent, and entering into this Agreement voluntarily of his or her own free judgment.
11.16 Entire Agreement
This written Agreement, including any referenced exhibits and/or attachments hereto, concludes and represents the final agreement between the parties relating to the subject matter hereof and may not be contradicted by prior, contemporaneous or subsequent oral or written agreements of the parties, except and unless the parties hereto expressly agree to subsequent written modification of this Agreement, or its terms, as specifically provided herein. This Agreement completely and fully supersedes any and all other prior negotiations, discussions, correspondence and agreements, both written and oral, between the parties hereto and relating to the subject matter hereof and neither party shall hereafter have any rights under such other prior agreements but shall look solely to this Agreement for definition and determination of all of their respective rights, liabilities and responsibilities relating to the obligations hereunder. No representations, warranties or covenants pertaining to this Agreement or any property affected by this Agreement have been made by, or shall be binding on, any of the parties hereto, except as expressly stated in this Agreement.