Participant Enrollment Agreement(Required) The undersigned participant, or minor participant’s parents and/or legal guardian(s) (collectively “we” or “participant”) hereby agree to the terms and conditions stated herein as consideration for The Suwandi Foundation (“organization”) or (“Assistants”) permitting the participant to enroll and participate in organization programs (collectively, the “program”).
The undersigned participant, and minor participant’s parents and/or legal guardian(s) (collectively “we” or“participant”) hereby agree to the terms and conditions stated herein as consideration for The Suwandi Foundation (“organization”) or (“Assistants”) permitting the participant to enroll and participate in organization programs (collectively, the “program”).
The undersigned participant, and minor participant’s parents and/or legal guardian(s) (collectively “we” or“participant”) hereby agree to the terms and conditions stated herein as consideration for The Suwandi Foundation (“organization”) or (“Assistants”) permitting the participant to enroll and participate in organization programs (collectively, the “program”).
*Although not a legal requirement, The Suwandi Foundation recommends all Participants over the age of 18 share this document with their parents and legal guardians to ensure all parties understand the legal obligations of the included terms.
I. MEDICAL AUTHORIZATION AND RELEASE
A. Medical Authorization and Consent
We authorize and consent to Organization and its Assistants and such entities’ organizers, guides, leaders, staff, directors, nominees, assigns, designees, owners, successors, affiliates, local partners, and any and all other persons or entities associated with it, including subcontractors and vendors (collectively, the “Staff”), securing any and all medical attention and treatment which the Staff deems necessary or appropriate for the Participant at any time during the Participant’s program (the “Program”).
Without limitation, we further authorize and consent to the hospitalization, securing and performance of medical treatment, injection, anesthesia, x-ray procedures, blood transfusions, medications and surgery for the Participant by the Staff and/or any hospital, physician, medical care provider, person or entity during the Program in the event the Participant is incapable of making medical decisions independently. We also agree to the release (to or by the Staff) of any records necessary for treatment, referral, billing or insurance purposes.
We acknowledge our full authority to provide this authorization. We understand the Staff will attempt to notify the Participant’s parent/guardian or other designated emergency contact of any medical treatment that has been administered by the Staff or providers or persons who are not part of the Staff as soon as possible for any participant under the age of 18 years of age. We recognize, however, that notification prior to treatment is not always possible in emergency situations or where immediate means of communications
are not readily available. Participants over the age of 18 years of age are expected to notify their parent/guardian or other designated emergency contact of any and all medical or mental health treatment and may rely on Staff to assist with this notification.
Due to the isolated and remote locations and conditions that the Participant will encounter on the Program, we understand the availability, accessibility, and quality of medical services and rescue possibilities may be severely limited or even unavailable. There also may be a limited ability to communicate with rescue and medical personnel and to transport or evacuate the Participant from an incident location. Portions of the Program may occur in locations as much as several hours from any medical facility, and in regions where traditional Western medical care is not always available.
The Medical Authorization and Consent to the Staff, as contained in this Section of Part 1 of this Agreement, shall remain in effect during the pendency of the Program only. For purposes of this Section, the Program commences upon the Participant’s arrival and, where applicable, clearance of customs at the arrival airport (“Arrival Airport”) which will occur on the Program starting date communicated to Participant. The Program concludes upon the Participant’s leaving the departure airport (“Departure Airport,”), which will occur on the ending date communicated to Participant, unless the Participant departs at an earlier time. Neither Organization nor its Assistants will be liable for any damages, injuries, illnesses, or any other harms sustained by the Participant before the Program begins or after the Program ends.
B. Mental Health Support
We understand that the Staff are trained first and foremost in the field of experiential education. The Staffis not qualified in any way to deliver any psychiatric or mental health support or treatment. Organization programs are not therapeutic and do not provide any mental health treatment or support. They should not be used or recommended as a component of a mental health treatment regimen. The Staff is neither trained, competent to or able to provide support, accommodation or treatment to students struggling with substance abuse or mental health issues . If mental health consultation or treatment becomes necessary during a program in response to a particular situation, Organization may, but shall not be obligated to, make a reasonable effort to facilitate it. If necessary, the Participant in such a situation, may be removed from the Program.
C. Right to Refuse
We understand and agree that, subject to applicable law, Organization reserves the right to refuse Participant from participating in any of Organization’s Programs for any lawful reason, in Organization’s sole discretion. We represent that the Participant is adequately physically and mentally fit and prepared for this type of travel, living abroad and for the activities that are associated with the Program. If Participant requires any specialized physical, mental health or academic accommodations, Participant shall disclose and request such accommodation pursuant to Part 1.D. below.
We acknowledge that we have the sole responsibility to share all medical and mental health information with the Staff during enrollment. Such medical information shall be shared with Organization or with an Assistant designated by Organization. If Organization learns that a healthcare professional has determined that participation in a particular activity or Program is not advised, Organization may, subject to applicable law, prohibit the Participant from engaging in that activity or Program.
If Organization obtains information or otherwise determines during the course of the Program that the Participant’s previously undisclosed medical or mental health condition renders the Participant incapable of meeting the Program requirements,
Organization may remove that Participant from the Program. This determination is at Organization’s sole discretion. Any costs associated with a participant’s dismissal, including but not limited to additional lodging, food, or travel expenses, will be solely at the Participant’s and/or his/her parent’s or legal guardian’s expense.
II. INSURANCE, MEDICAL EXPENSES, AND PERSONAL PROPERTY
We understand that the Organization includes basic travel insurance for Participants within the cost of program enrollment. This insurance includes emergency medical coverage, emergency dental coverage, and emergency evacuation coverage. The Organization will provide the Participant with details of travel policy coverages and potential deductibles at least 2 weeks prior to the program departure.
The Participant is responsible for understanding the terms of coverage and purchasing any additional coverages relating to personal property, trip cancellation, trip delay, or cancellation for any reason reimbursements. Any amount owed as a deductible to activate the included travel insurance coverage remains the responsibility of the Participant. Additionally, if the Participant is responsible for acquiring any additional or increased travel insurance coverage amounts due to pre-existing conditions, medical needs, or personal preferences.
If any type of medical treatment is required for the Participant for any reason, we understand and accept full and exclusive responsibility for any expenses not covered by Organization’s included travel insurance policy.
The Staff may, but is not required to, provide initial payment to secure urgent medical services for Participant, and in such situations, we agree to reimburse the Staff no later than ten (10) days after payment is made by the Staff to secure such medical services. We accept and acknowledge that regardless of the type of injury or illness that the Participant may sustain, the cost of any and all medical care and assistance before, during, and after the Program is exclusively our responsibility.
We agree to hold harmless and indemnify (“indemnify” meaning protect by reimbursement or payment) Organization and its Assistants of and from any and all expenses arising because of any claim which may be presented by anyone including any health care provider or other third party, for expenses, loss, or damage as a result of the Participant’s healthcare before, during, or after the Program. We also agree to accept all risk and fully release Organization and its Assistants for any personal property loss or damage the Participant may sustain during and/or resulting from participation in the Program.
We understand that throughout Participant’s participation in the Program, including without limitation during the Program’s activities (see Part 3) and while staying at Accommodations (see Part 4), there exists the risk that Participant’s personal property may be subject to damage or theft. We assume all risks associated with regard to Participant’s personal property, and we fully release Organization and its Assistants for any damage, theft, or loss of any of Participant’s personal property that occurs during the Program.
III. ACTIVITIES AND WAIVER
We hereby give permission to allow the Participant to engage in the optional and included activities communicated to Participant in connection with the Program. These activities vary from program to program and relate to the program focus, itinerary, environmental conditions and staffing. Some of these activities may not be part of the Program cost and may require an additional cost (this additional cost may be collected by Organization or its Assistants).
We understand that Organization and its Assistants reserve the right, at any time, including before or during the Program, to change any planned activities, including making cancellations, substitutions, or any other changes, at their sole discretion. We understand that, to the extent possible, Organization will contact us about any changes to any planned activities. Further, we understand and agree that Organization and its Assistants will not be responsible for any costs incurred as a result of a change to any planned activities.
If a Participant chooses to not participate in any given activity included within the Program, Participant will inform Organization ahead of time. Organization cannot guarantee that an alternative activity will be made available to Participant. Organization does not refund Participant for any missed activities.
IV. ACCOMMODATIONS DURING THE PROGRAM
We understand that Participant’s accommodations during the program may be a combination of lodging provided by educational institutions, Yayasan Loka Mawa Upadhi, Khrisna Sunrise Accommodation, hotels, and/or villas (collectively, the “Accommodations”). Due to the nature and location of Organization programs, it is likely the Participant will be staying in Accommodations that maintain no insurance and are in no way required or even able to obtain insurance. Therefore, we understand that Organization strongly recommends that we obtain insurance with coverage limits sufficient to cover the value of the Participant’s personal property, in the event of theft, fire, flood, or other unforeseen occurrence. We acknowledge that Organization is not responsible for Participant’s property.
V. DEPOSITS, PAYMENTS, CANCELLATIONS, AND REFUNDS
Payments: All programs require payment of a $500 non-refundable deposit for each Participant to confirm their spot on the program. Participants are expected to pay 100% of their total program cost at least 45 days prior to the program departure date. Any booking made within 45 days of the program’s departure will need to be paid in full including the application fee at the time of enrollment.
Cancellations: The Organization offers refunds for cancellations as follows:
● 100% (full refunds) of all money paid, minus the deposit, for any cancellations made more than 75 days prior to the program departure date.
● 50% refund of all money paid, minus the deposit, for any cancellations made more than 45 days prior to the program departure date.
● No refunds of any money paid for cancellations 30 days or less prior to the program departure date.
NOTE: If a credit card was used to make payments, this same card will automatically be credited for any refunds offered as per the refund and cancellation terms listed above unless the Organization is advised of an alternative payment method.
VI. TRANSPORTATION
As part of the Program, Organization or its Assistants will book certain ground transportation during the Program (the “Program Travel”). We understand that we are responsible for all costs associated with Program Travel, including but not limited to airfare and carfare. We understand that we are solely responsible to insure and possess all appropriate documentation for travel abroad with the exception of travel visas. Further, we understand that we are solely responsible for arranging and paying for all transportation other than the Program Travel. The type of travel that is excluded from Program Travel includes, without limitation, transportation to the Arrival Airport designated by Organization in the city where the Program will begin, transportation from the Departure Airport designated by Organization in the city where the Program will conclude, and any local transportation within each city the Program will take place in, including but not limited to local public transportation and taxi cabs.
VII. MISCELLANEOUS TERMS
A. Compliance with Organization’s Student Handbook and Code of Conduct
We understand that by executing this Agreement, the Participant agrees to follow the rules and
regulations described in Organization’s Student Handbook (the “Handbook”), which will be provided prior to the start of the Program and the Organization Student Code of Conduct (the “Code of Conduct”). We acknowledge that Organization may dismiss a Participant as laid out in the Handbook or Code of Conduct, including for wrongful or offensive conduct. Such wrongful, unsafe, or offensive conduct includes, but is not limited to, causing harm to one-self or others; causing harm to properties or local community relationships, and impacting the enjoyment of other participants on the Program. Any costs associated with a Participant’s dismissal, including but not limited to additional lodging, food, or travel expenses, will be at the Participant and his/her parent’s or legal guardian’s expense. We understand that Organization may amend the Code of Conduct at any time, but Organization will provide reasonable notice to Participants of any policy implemented during the Program that may result in a Participant’s dismissal from the Program.
We also understand that engagement in prohibited conduct, including conduct prohibited in any code of conduct, or other set of rules or policies, may result in dismissal from the Program.
B. Participant’s Behavior
We understand that each foreign country has its own laws, culture and standards of acceptable conduct, including dress, manners, morals, politics, drug use and behavior as outlined in Organization’s Student Code of Conduct which has been provided to us concurrently with this Agreement.
We recognize that behavior which violates those laws or standards could harm Organization’s relations with those countries and the institutions therein, as well as Participant’s own health and safety. Participant is aware that if Participant violates the laws of the host country, Participant may place him or herself in legal jeopardy and that U.S. standards of due process may not apply. We understand that Participant is responsible for becoming informed of, and abiding by, all such laws and standards for each country Participant will visit as part of the Program and during designated independent time outside of the Program.
We understand and agree that Participant will attend to any legal problems Participant encounters with any foreign nationals or government solely at Participant’s own expense. Further, we understand that, while Organization will use its best efforts to assist Participant, neither Organization nor its Assistants is responsible for providing Participant with legal representation. We agree to hold harmless and indemnify Organization and its Assistants of and from any and all expenses incurred by Organization and its Assistants arising from Participant’s violation of any laws of any host country, or assistance provided by Organization.
C. Acknowledgement and Assumption of Risks & Release and Indemnity Agreement
We have read, understand and agree to the terms of Organization’s Acknowledgement and Assumption of Risks & Release and Indemnity Agreement, which has been provided to us concurrently with this Agreement.
D. Photography and Media Use
We understand that Organization and its Assistants reserve the right to capture photographic, video, written, spoken, and other digital or analog media records (“Media”) of any of its programs and the Participants. We understand that the Media may capture Participant’s name, voice, and likeness (“Appearance”). We hereby assign all right, title, and interest that we may have in the Media, as well as any reproduction, product, or derivative work of the Media. The foregoing assignment includes the right of Organization to use the Participant’s name to identify the Participant in the Media.
We hereby waive any right to inspect or approve Organization’s use of the Media and we release Organization, its affiliates, partners, employees, officers, licensees and assigns from any and all claims arising out of the use of the Media, including, but not limited to, invasion of privacy or rights of publicity, or any claims for consideration
or compensation for my Appearance or the rights granted hereunder.
We agree that Organization and its Assistants may use any Media of the Participant for promotional and/or commercial purposes, whether taken before, during, or after the Program. We understand that Organization and its Assistants cannot control any Media taken or produced by outside parties not affiliated with Organization or its Assistants, and we fully release Organization and its Assistants and Staff for injury or damages suffered as a result of any Media taken or used by any such outside parties.
E. Assistants
We understand and agree that Organization may, at Organization’s sole discretion and expense, employ or engage the services of such employees, subcontractors, partners or agents, as Organization deems necessary to provide the Program and associated activities (“Assistants”). Organization’s Assistants may also use their own vendors and subcontractors.
F. Disclosure of Sensitive Communications
We understand that Organization and its Assistants reserve the legal, ethical, and moral right to determine whether to report to the Participant’s parents or guardians anything the Participant shares while on a Organization program regarding the personal history of threatened or performed abuse; physical, sexual, or mental assault; or any other act that jeopardizes that Participant’s well-being. If the Participant is 18 years of age or older, Organization or its Assistants will obtain the Participant’s permission first unless the situation is deemed serious or life threatening. In these circumstances, Organization and its Assistants reserve the right to communicate with parents without consent in the interest of the Participant’s safety and wellbeing.
G. Governing Law, Venue, and Dispute Resolution
We agree that California law (without regard to its “conflict of laws” rules) exclusively governs this Agreement, and any dispute we have with Organization and its Assistants, and all other aspects of Participant’s relationship with Organization and its Assistants, contractual or otherwise (collectively, a “Dispute”), without giving effect to principles of conflicts of law. In the event of a Dispute, the parties will first attempt to resolve the Dispute(s) through good faith negotiation.
In the event that the Dispute(s) cannot be resolved through good faith negotiation, the parties will refer the Dispute(s) to a mutually acceptable mediator, the costs of which shall be divided equally between the parties. In the event that such Dispute(s) cannot be resolved through mediation, the parties will refer the Dispute(s) to the American Arbitration Association for resolution through binding arbitration by a single arbitrator pursuant to the American Arbitration Association’s rules applicable to commercial disputes. Any mediation or arbitration hereunder will be held in the United States of America, California. In the event that the dispute resolution procedures in this Section are found not to apply to a given Dispute, or in the event of a claim for injunctive relief, the parties agree that any judicial proceeding will be brought in the state courts of the United States of America, California. The parties consent to venue and personal jurisdiction there.
The parties agree that, in the event of arbitration (or in the event of a lawsuit if this arbitration clause is deemed invalid or does not apply to a given Dispute) the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees).
I. Severability
Should any provision of this Agreement be held to be void or unenforceable, the remaining provisions shall remain in full force and effect.
J. Amendments and Waiver
No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision.
K. Entire Agreement
This Agreement, including all documents and policies referenced herein, sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between them relating to the subject matter hereof.
L. No Third Party Beneficiary
This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other person or entity.
IX. ACKNOWLEDGEMENT AND AGREEMENT
We acknowledge that this Agreement includes a Medical Authorization, a release and waiver of certain legal rights, and other specified contractual obligations between us and Organization and we sign the Agreement with our own free will. We acknowledge that acceptance of our participation in the Program is dependent upon the complete and timely submission of all required documents and agreements including but not limited to this Agreement and all documents and policies referenced in this Agreement.
By checking this box and signing below, we confirm that we have carefully read, understand, and voluntarily sign this agreement. We acknowledge that it shall be effective and legally binding upon me, my spouse, participant, and other children, as well as participant’s/parent’s other family members, heirs, executors, representatives, subrogees, assigns, and estate. All participants must sign and check this box. If the participant is a minor (those under 18 years of age), one of the participant’s parents or legal guardians must also sign. We understand that our signatures are valid and legally binding whether we choose to electronically sign this agreement, consent to this agreement through any form of click-wrap agreement, or sign a printable version of this agreement.