APPLICATION, AGREEMENT AND TERMS AND CONDITIONS
GLOBAL EXPERIENCES, INC., a Maryland corporation ("GE"), with an address at 209 West St, Suite 201, Annapolis, MD, 21401, and you, the applicant ("You"), hereby agree as follows:
1. Application to Program. You hereby apply for acceptance into a Global Experiences Program (the "Program"). You understand and acknowledge that the Program enables You to volunteer to perform work for a sponsoring company ("Sponsor"), pursuant to a separate arrangement between GE and Sponsor, and that You will not be paid for such work by GE. You further understand and acknowledge that (i) this Agreement is not binding on GE until (a) You execute the Agreement electronically by clicking on the "Terms and Conditions Accepted" box on the GE enrollment form webpage which can be found at www.globalexperiences.com, and (b) GE accepts you into the Program, and (ii) when You electronically click on that box, You are accepting and executing this Agreement and this Agreement will be binding on You.
2. Relationship of You, GE and Sponsor. You are a volunteer for GE, and the rights and obligations between You and GE are expressly limited to the terms and conditions of this Agreement. Sponsor is providing the opportunity for You to gain valuable experience as an intern working for Sponsor; otherwise, Sponsor has no obligations to You under the Program, and You will not be an employee or independent contractor of Sponsor while in the Program (unless Sponsor independently offers You a paid internship position).
3. Your Work Commitment. You agree to attend and participate in the Program for the entire length of the Program. You will work for Sponsor based on a schedule requested by Sponsor and, if applicable, any visa requirements. You may not ask Sponsor for time off without GE's prior written consent, and You may be released from your full work commitment under the Program only with GE's prior written consent.
4. Application Fee. A $50 application fee (the "Application Fee"), which is in addition to the Program Fee, is due upon execution of this Agreement and is non refundable.
5. Program Fee. Your cost for participation in the Program is as shown on GE's website at www.globalexperiences.com (the "Program Fee"). The Program Fee does not include the Application Fee.
6. Initial Deposit Payment and Refund Policies. Your initial deposit payment (the "Initial Deposit") is $1000 and is due before GE can begin to formally process Your enrollment. The Initial Deposit is for the sole purpose of reserving your position in the Program, and since GE will make a financial commitment to the Sponsor upon acceptance into the Program, the Initial Deposit is non-refundable. There will be no exceptions. The Initial Deposit will be applied to the Program Fee.
7. Payment Policy and Options. Upon acceptance into the Program and receipt of Your $1,000 non-refundable enrollment deposit (the "Enrollment Deposit"), which will be applied to the Program Fee, GE offers two payment options (the "Payment Options") for the final balance due on the Program Fee: (i) Pay in 30 Days: The Program fee balance will be due within 30 days of enrollment; or (ii) Installment Plan: Installment plan allows You to pay the Program Fee balance due in equal monthly installment payments. In any event, the full Program Fee must be paid not later than 30 days prior to departure. Please note that payment policy due dates may be modified for enrollments confirmed close to the deadlines, and the payment schedule may vary. There is a 5.00% installment fee on installment payments. Consult the Global Experiences accounts department for more information at email@example.com.
8. Balance of Fees. You agree to pay the balance according to the payment terms You selected at the time of enrollment from the GE Payment Options. GE reserves the right to collect any unpaid balances due to GE and all other remedies available at law or in equity.
9. Late Payment Policy. Because GE incurs expenses immediately upon your acceptance into the Program, late payments on non-deposit payments will be charged a $50.00 late payment fee and will accrue interest until paid in full at the lesser of (i) eighteen percent (18%) per annum or (ii) the maximum rate allowed by law.
10. Non-Cancelable Program Fee. GE will reserve your place in the Program and will make immediate financial commitments on your behalf related to your participation in the Program. Therefore, You understand and agree that when You electronically execute this Agreement by clicking on the "Terms and Conditions Approved" box on GE's website, your obligation to pay the entire Program Fee is irrevocable and non-cancelable for any reason whatsoever, except as set forth in Section 11 of this Agreement.
11. Cancellation or Early Termination. If You are unable to participate in or complete the Program due to outside factors beyond the reasonable control of either GE or You (including, without limitation, if Sponsor ceases to do business or terminates its participation in the Program, or if a country's visa-granting agency refuses to grant necessary work permits or visas to You), GE will undertake commercially reasonable efforts to recover payments made to Sponsors or third party contractors on your behalf and will refund to You any amounts so recovered after deduction of GE's recovery costs; however, there is no assurance that any such sums will be recovered, and GE will have no liability for a refund in the event it is not able to make a recovery pursuant to the terms of this paragraph.
12. Refund Policy. The Program Fee is 100% non-refundable; however, in some cases, this deposit is transferable up to 12 months to any of GE's other programs at the sole discretion of an authorized representative of GE. Once GE finalizes the Program, it makes financial commitments on your behalf and is obliged to secure and pay the Sponsor and other third parties for many aspects of the Program, including accommodation, internship and other program placements, excursions and any other service or component that is included in the Program. In the event You have a conflict or complaint with the Program and believe a refund is due, You must follow all grievance procedures set forth in this Agreement. GE reserves the right to withhold any refunds at its sole discretion pending resolution of any grievance.
13. Internship Protocol: GE and the Sponsors use commercially reasonable efforts to locate internship placements in the first or second area of choice provided on your Program application. You are expected to accept a position upon receiving an offer from a Sponsor (provided it matches one of the internship areas provided on Your application), and your failure to accept an offer would be a breach of this Agreement. If the first Sponsor that has interviewed You is unable to offer an internship, GE will use commercially reasonable efforts to obtain another opportunity for You to interview with a different Sponsor. All internship offers will be communicated in written form (typically by e-mail), and You are required to accept or decline a position in written form as well. If you reject a properly made offer, GE is not responsible for finding another placement, and You must pay any expenses GE incurs as a result of your failure to accept an offer. You MUST attend all interviews offered. You must provide 2 weeks notice to both GE and the Sponsor if You intend to terminate an internship.
14. Accommodations. The Program Fee includes accommodation in either a shared apartment or homestay, at GE's sole option. You are responsible for any costs incurred for transportation between the accommodation and the Program locations, including, without limitation, fare for buses, taxis, trains or any other transportation costs. GE does not guarantee the location of accommodations nor does it guarantee any amenities that may or may not be included in the accommodations. You further understand and agree that accommodation is for You only, and it is not possible to have friends, family or others stay with You unless You have received express written permission from both GE and the landlord of the accommodations. Further, in light of the presence of roommates, the fact that each landlord has its own rules for its premises and associated security risks, You may not entertain guests in the accommodations. You understand and acknowledge that accommodations quality and location vary considerably depending upon the locations of the Sponsors, and You must manage your expectations accordingly. You acknowledge and agree to all terms, conditions and other information regarding accommodations contained herein and as listed on GE's website at www.globalexperiences.com.
15. Program Changes. You understand and acknowledge that GE and the Sponsors reserve the right to make changes, cancellations or substitutions to the Program for any reason, including, without limitation, insufficient enrollment, emergency or changed conditions or based upon other circumstances which may affect the Program. You understand and acknowledge that any expenses incurred due to such changes, cancellations or substitutions are at your expense, including, without limitation, travel arrangements and changes in accommodations. If You choose to leave the Program as a result of any such changes, You understand and acknowledge there will be no refund of any portion of the Program Fee or of any other expenses. Similarly, once You have confirmed participation in the Program, should You make changes to your participation, You understand and acknowledge there will be no refund of any portion of the Program Fee or of any other expenses already paid. Additionally, You acknowledge that if any change You make results in additional fees, You are responsible for paying such fees in full by the established payment due date.
16. Procurement of Travel Insurance. You are required to procure all travel insurance necessary to cover You for the entire length of the Program. The cost of this coverage is included in the Program Fee, but You MUST register for the insurance. If You fail to register, GE assumes no responsibility or liability for any costs or damages incurred as a result of not having the proper insurance, and You specifically acknowledge and agree that neither GE nor any Sponsor is responsible for any uninsured losses. GE and the Sponsors reserve the right to deny You participation in the Program if You fail to provide evidence of the necessary travel insurance. Neither GE nor the Sponsors are responsible for events beyond their reasonable control, including, without limitation, 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 your participation in the Program. There are risks associated with international travel, and it is important that You are aware of the specific risks as they relate to the host country for your Program. You acknowledge You have read and accepted the terms and conditions set forth on GE's website.
17. Local Customs and Laws. You understand and acknowledge that (i) You may become sick or injured while participating in the Program; (ii) You may be arrested or imprisoned if You do not conform to local laws; (iii) You may become a victim of crime; and (d) You must respect local customs and standards even if You do not agree with them. You understand and acknowledge that You are responsible for exercising caution and common sense at all times, and You hereby release and agree not to hold GE responsible for any such problems You encounter participating in the Program.
18. Travel Documentation. You understand and acknowledge that obtaining a passport and any other required travel documents is your sole responsibility. Whether a U.S. citizen or not, You shall hold GE harmless in the event You cannot obtain the necessary documents for participation in the Program. You further understand and acknowledge that the inability to obtain these visas and other documents does not constitute grounds for a refund or waiving of any portion of the Program Fee.
19. Non-US Citizen Travel Documentation. If You are not a United States citizen and require a visa to enter or stay in the United States for the duration of the Program, You will be responsible for working with a third party agency, and paying all visa-related expenses, to obtain the appropriate visa. GE offers the option to provide You with a third party agency chosen by GE to assist You in submitting all necessary paperwork to obtain a J1 visa. If You select that option, and if, despite your full cooperation, You nevertheless are not granted a J1 visa and/or are denied entry into the United States, GE will not be responsible for the refund of any third party fees paid to that agency or otherwise. If You instead decide to use a different third party agency to obtain a J1 visa, or to do it yourself, and if Youfail to obtain a J1 visa by the start date of the Program, You will not be entitled to a refund of your Initial Deposit or of any other Program payments. Regardless of the visa-sponsoring agency You choose, You will be responsible for all visa-related fees and expenses. Candidates requiring a J1 visa should expect average visa-related expenses of $750 to $1,500.
20. Travel Documentation (Continued). You represent that You are over the age of 18 years. You are responsible to have all documentation that may be required to permit You to work in the United States throughout the Program, including, without limitation, any green card, visa, birth certificate, passport and valid driver's license or other picture identification.
21. Travel Documentation (Continued). If You are required to obtain a visa, You are responsible for all visa-related expenses. Global Experiences is not a migration agent, and it is your responsibility to obtain a visa. If You chose to attend the Program without the proper visa documentation it is at your sole discretion and Global Experiences is not responsible for any repercussions. Failure to obtain a visa, and/or to obtain a visa before the Program start date, is not grounds for a refund of the Program Fee. If You are not approved for a visa, do not use your visa or GE fails to place You in an internship, GE is not liable for payment of, or reimbursement for, visa expenses. All visa-related matters, expenses and disputes are the responsibility of You and your visa provider.
22. Standards of Conduct.
a. GE expects You to be enthusiastic, cooperative and appreciative of the opportunities afforded to You through the Program.
b. GE reserves the right to establish and enforce reasonable rules and standards of conduct to facilitate the well-being and enjoyment of all Program participants. Failure to comply with such rules and standards may result in You being barred from participating in the Program. If necessary to enforce its rules and standards, GE may, in its discretion, have You removed from the Program, at your sole cost and expense, without subsequent refund to You of any portion of the Program Fee. In the event of such removal, You will no longer be considered a part of the Program. You hereby release GE from all claims, demands, liabilities, obligations, damages, losses, costs (including reasonable attorneys' fees), and expenses (collectively, "Obligations") related in any manner to your said removal.
c. Participants in the Program are ambassadors for their home nations, families, universities and GE. As such, You are expected to be respectful of all the other participants in the Program, the staff and the country and culture You are visiting. You are also expected to demonstrate open mindedness and enthusiasm for learning. You must obey GE's Code of Conduct stated below. Any violation of the Code of Conduct will result in your immediate removal from the Program, and You will be sent home on the next available flight – at your expense, without regard to the time remaining in the Program.
d. R-E-S-P-E-C-T. You agree to respect the staff, other guides and other participants in the Program. You agree to keep an open mind and acknowledge that each person has different gifts, ways of communication and opinions.
e. You must be committed to the Program from beginning to end. You must participate in the orientation and debrief. This means that You will approach all activities with an open mind and will commit to participating in all aspects of the Program. You acknowledge that given the logistics, cultures, languages, currencies, expectations and other factors, management of the Program is complex, so it is essential that You be flexible and enthusiastic in all aspects of the Program.
f. You must leave your housing facility in the same condition as when You arrived, and You are responsible for all damage done and for the cost of any required repairs to your room, any other rooms and your housing facility building.
a. You understand and acknowledge that sporting activities (including, without limitation, swimming, snorkeling, parasailing, bungee jumping, boating, rafting, diving, skating, hiking, camping, surfing, jet skiing, water skiing and wave running), motor vehicle rentals, night clubs, ground or other tours offered by local vendors and any other activity in which You may participate during the Program, involve risk and possible injury and damage to You and others. Your participation in any activity is voluntary and is undertaken entirely at your own risk. You hereby release GE from all Obligations related in any manner to your participation in any activities during the Program.
b. If You choose to drive a motor vehicle or ride in a non-sponsored vehicle during the Program, whether for work or leisure, You do so at your own risk.
c. The legal drinking age in the United States is 21. The legal drinking age in other jurisdictions may vary. GE does not condone consumption of alcohol or use of drugs, and GE warns You that driving while under the influence of alcohol or drugs is against the law. Your consumption of alcohol, use of any drugs or associating with persons who have been drinking alcohol or using any drugs are at your own risk. You hereby release GE from any Obligations for any injury or damage to the person or property of You or any other person or entity related in any manner to any of your participation in said activities.
d. GE assumes no responsibility for, and You hereby release GE from, all Obligations for any injury or damage to the person or property of You or any other person or entity related in any manner to any act, omission, fault, neglect, breach, violation or default (collectively, "Act or Omission") of any third party providing any services, accommodations or facilities in connection with the Program, including, without limitation, any hotel, university, student housing provider, transportation company and common carrier, and their respective agents and employees. GE is not responsible for your lost or stolen baggage or other personal property.
e. You hereby release Sponsor from any claim for worker's compensation, health care or any employment or unemployment benefits related in any manner to the Program, and You release GE from any Obligations related in any manner to any Act or Omission of Sponsor.
24. Indemnification. Except as otherwise set forth herein, You hereby agree to indemnify, defend and hold harmless GE 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.
25. Representations and Warranties. You hereby represent and warrant that: (i) You have all requisite power and authority to enter into and perform your obligations under this Agreement; (ii) You will abide by all applicable laws, rules and regulations and will endeavor to comply with all local customs; (iii) You will carry out your duties as a Program participant to the best of your abilities; and (iv) all of the information provided herein is true and accurate.
26. Disclaimer of Warranty. Except as set forth herein, any materials and/or information provided as part of the Program are provided to You on an "as is" basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GE 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.
27. Limitation of Liability. IN NO EVENT SHALL GE 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 GE 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 GE's TOTAL AGGREGATE LIABILITY TO YOU UNDER CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO GE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE INITIAL EVENT RESULTING IN SUCH CLAIMS.
28. Health Care Release. You represent to GE that You are in good physical and mental health and have no health condition or disability or need for prescription medication, which would require special attention or would limit your participation or performance in the Program. However, if You become ill or injured during the Program, You agree that GE will have the right, but not the duty, as your agent, to take reasonable action to secure emergency health care for You and any transportation related thereto. In such event, You agree to pay for all expense incurred for such health care, transportation or other related services and to reimburse GE for any sums advanced or paid therefore. All health care expenses incurred by You are your sole responsibility. You agree to provide the name of an Emergency Contact whom GE may contact should GE deem it necessary. If GE incurs any expense on behalf You that is not covered by your insurance, You agree to make immediate repayment upon your return. You hereby acknowledge and agree that this Agreement does not create any affirmative duty or responsibility for GE to take any action should You become sick or injured while participating in the Program.
29. Recorded Media. GE often documents its programs by video, photographs, testimonials from participants and other means (collectively, "Recorded Media"). You agree that GE may use any means to record or otherwise memorialize your participation in the Program, and You authorize GE to utilize any Recorded Media of You in GE's promotional material and websites, or otherwise as GE may elect, at any time in the future, without compensation to You or any further permission or consent from You.
30. Force Majeure, Forces Beyond Control. If forces beyond GE's reasonable control (including, without limitation, blackouts, storms, road closures, health risk outbreaks, transportation strikes, international visa work permit delays, acts of terrorism, acts of God) cause the Program to be extended or delayed, You must pay all extra costs associated with such extension or delay (including, without limitation, extra lodging, meals, fees to change scheduled flights and other transportation costs), and You must reimburse GE for any such increased expenditures made on your behalf. In the event the entire Program is canceled prior to its start date due to circumstances beyond GE's reasonable control, You will be entitled to a full refund of Program Fees. If forces beyond GE's reasonable control occur after the commencement of the Program and cause interruption of the Program, You will not be entitled to any refund. In such event, GE will use commercially reasonable efforts to recover payments made to third party contractors on your behalf and will refund to You any amounts so recovered after deduction of GE's recovery costs; however, there is no assurance that any such sums will be recovered.
31. No Assignment; Binding Effect. You may not assign any of your rights or obligations under this Agreement without GE's prior written consent, to be given or withheld in GE's sole discretion. Subject to such limitation, this Agreement shall inure to the benefit of and bind You and GE, and our respective successors, assigns and personal and legal representatives. Any release of liability of GE under this Agreement shall extend to GE's agents, staff, alumni, employees, officers, directors and shareholders, and to all other persons and entities affiliated with GE.
32. Severability. If any portion of this Agreement is held by any court to be illegal, void or otherwise unenforceable, the remainder of this Agreement will nevertheless continue unimpaired and in full force. In such event, the court shall be authorized, upon the motion of either party, to modify this Agreement to the minimum extent required to render it valid and enforceable and to carry out the purposes and intent as set forth in this Agreement.
33. Dispute Resolution Policies and Grievance Procedures. If You have a complaint regarding any part of the Program, You must observe the following grievance procedures:
a. You will address all such complaints, concerns, conflicts or related problems immediately and directly with the GE's resident or the appropriate representative of the Sponsor on the ground in the host location. GE and/or the Sponsor will attempt to rectify the problem by working directly with You and by offering proposed solution(s).
b. If GE or the Sponsor are unable to devise a mutually-acceptable solution, You must complete an official grievance resolution form (which can be acquired from a GE or Sponsor representative) and submit directly to the host representative and the Program Coordinator with whom You enrolled at GE's headquarters in a further attempt to rectify any conflict. The Program Coordinator will review the resolution form and discuss the specifics with the appropriate representative in the host country and directly with You. Further solutions to resolve the complaint will then be presented to You, one of which must You must accept if within reason.
c. If all proposed solutions have not rectified the problem and You still believe the situation, including all proposed solutions, is unreasonable, You must notify the management at GE's headquarters in writing and explain the full details of the situation. At this stage GE will make a decision , at its sole discretion, whether a refund of any amount is warranted. All decisions made by GE, in its sole discretion, are final. If You leave the Program host country before exhausting all internal grievance procedures, no refunds will be provided.
34. Governing Law. This Agreement shall be governed and construed in all respects under the laws of the State of Maryland in 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 State of Maryland for resolution of any dispute relating to this agreement.
35. 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; if sent by internationally recognized courier service, in the second business day after delivery to the courier service; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.
36. 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 reasonable attorneys' fees, from the other party.
37. 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.
38. Entire Agreement; Waiver; Modification; Headings. 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 of this Agreement. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver 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. The headings of the various sections of this Agreement have been inserted only for the purposes of convenience and are not part of this Agreement and shall not be deemed in any manner to modify, explain, expand or restrict any of the provisions of this Agreement.
39. References to GE. References in this agreement to "Global Experiences" and "GE" shall include Global Experiences, Inc, and its subsidiaries and affiliates, and all of its and their 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 the Program or any of its other programs.
40. Your Understanding. You have read and understand this Agreement and agree to all of the terms and conditions herein.
41. Enforceable Agreement. You acknowledge You are bound by this Agreement when You submit it to GE, either via online application or paper application. You acknowledge this is a fully enforceable and legally binding agreement that is accepted by all Program participants upon application to the Program, and You will not be released from your obligations under this Agreement unless either (i) You are not accepted for the Program or (ii) as specifically set forth in this Agreement.