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| Applicants acknowledge that they have read and agree to the UI program description,
the entire Application Packet (which is this document and Agreement) including
sections concerning release of liability, responsibility, insurance, withdrawal,
dismissal, cancellation and refunds, and changes in dates and prices. They acknowledge
that Ubiquity International, Ubiquity Lectures International or UI means the
company, its director , its employees and agents, including Topic Specialists,
Site Coordinators and chaperones. |
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Participants
acknowledge that UI is their agent and is responsible for making
arrangements for all services included in the trip. However, by
signing, participants waive any claim against UI, and release UI,
its officers, director, agents, and employees, any teacher, counselor
or advisor accompanying or recommending the trip, any school used
by UI, any agents and officials of their school or any host school
who participates in or recommends the trip, any person or entity
employed or utilized by UI or any host school in the United States
or any foreign country, including but not limited to Topic Specialists
and Destination Coordinators, from all claims arising from any
injury, loss, damage, accident, delay, or expense resulting from
events within or without UI's control, including, without limitation,
acts of God, war, strikes, incidents of politically-motivated violence,
sickness or quarantine, government restrictions or regulations,
acts by individuals or groups, terrorist activity, acts by animals
whether tame or wild, and in the absence of UI's gross negligence,
arising from the use of any vehicle or from UI's selection of,
or from any act or omission by any host family, bus or car rental
agency, airline, railroad, taxi or tour service, hotel service,
hotel, restaurant, school, or other firm, agency, company or individual,
including but not limited to Topic Specialists and Destination
Coordinators.
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Participants agree to release and hold harmless
UI for medical care authorized by UI pursuant to the Medical Treatment
Authorization. Participants agree that they are solely responsible
for any cost associated with such care directly or by reimbursement
to UI, and that they are solely responsible for the accuracy and
completeness of the Medical Treatment Authorization.
Participants acknowledge that the various transportation companies, agencies,
facilities, and services, which may be used by UI, are not agents of UI; they
agree that they will hold UI free and harmless from any liability for any injury
to their person, damage to their property, delay or irregularity caused or occasioned
by any act, error, omission or default of any such transportation company, agency,
facility for conveying me or my baggage.
Participants agree to indemnify, defend, and hold harmless, UI, any teacher,
counselor or advisor accompanying or recommending the trip, any school used by
UI, any agents and officials of their school or any host school who participates
in or recommends the program, any person or entity employed or utilized by UI
or any host school in the United States or any foreign country, including but
not limited to Topic Specialists and Site Coordinators, and hold them harmless,
for any financial liability or obligation which they personally incur, or injury
or damage to the person or property of others they cause or contribute to, while
participating in an UI program.
Participants understand that UI cannot accept responsibility for participants
who do not follow these rules and regulations.
Participants agree that should their conduct, at the sole discretion of UI, be
in violation of these rules and regulations or otherwise detrimental to the maintenance
of standards or to the successful operation of a UI program, they may be expelled
from the program and flown home at their own expense (or at the expense of their
parent or guardian), in which event there will be no refund of the fee.
Participants understand that if they are declared ineligible for the program,
at the sole discretion of UI their participation may be cancelled, subject to
the refund policies stated.
Participants understand the programs offered have been designed by UI many months
in advance of departure. Participants, therefore, grant UI the unqualified right
to alter, amend, or cancel such programs and to make an adjustment to program
cost prior to departure in order to meet unanticipated contingencies, including
any change in transportation costs, program costs, international exchange rates
or lack of participation in the program without liability for refund.
Participants agree that if they become ill or incapacitated, UI may, without
incurring any liability, take such actions as it considers necessary under the
circumstances, including securing medical treatment for them and transporting
them to the United States all at their own expense. Participants agree to release
UI from any liability for the quality and timeliness of any such medical care
received or for any expenses incurred.
Participants understand that UI promotional materials may include photographs
(film or digital), film or digital video of participants. Participants consent
without any claim to rights or compensation, to the use of such photographs,
film or video, or written correspondence from them and/or from their parents
in UI's promotional materials.
Participants understand that obtaining a passport is their responsibility. If
they are not U.S. citizens, they understand it is their sole responsibility to
obtain, in advance, any visa and other documents, which may be required to enter
all the countries on my itinerary and to re-enter the U.S. Further (whether U.S.
citizen or not), participants will hold UI harmless in the event they are unable
to obtain the necessary documents for participation in the program. Participants
understand that inability to obtain visa and other documents does not constitute
grounds for withdrawal with full refund; the policies described will apply.
The Application Packet comprises the entire written agreement between UI and
the participant. The agreement is effective when the Application and other supporting
documents have been accepted by UI. The Agreement shall be governed by the laws
of the State of Idaho. The parties further agree that any litigation or arbitration
regarding this agreement shall be conducted in Ada County, Idaho, and this Agreement
is entered into in Ada County, Idaho.
The agreement shall not be modified except by a written document signed by UI,
the participant, and parent or guardian if the participant is a minor.
If any term or provision of the Application Packet, including all releases, shall
be determined by a court of competent jurisdiction to be invalid or unenforceable,
the remainder of the Agreement shall not be affected thereby, and each term and
provision of the Agreement shall be enforceable to the fullest extent permitted
by law.
The participant agrees to be bound by all the terms and conditions contained
in the Application Packet. The participant further acknowledges that any fees
or costs resulting from participant's failure to comply with UI Rules and Regulations
and other rules imposed by UI, is at the sole expense and responsibility of the
participant, and that any cost incurred by UI will be reimbursed to UI. |
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