Youth Assembly Program Packages (Summer 2018)
Participation Agreement: Terms & Conditions
AGREEMENT BETWEEN PARTICIPANT AND FRIENDSHIP AMBASSADORS FOUNDATION
In consideration for his/her acceptance by Friendship Ambassadors Foundation (“FAF”) in the Youth Assembly Program Packages (“FAF Program”), each Participant shall be bound by the Terms and Conditions set forth in the following and these Terms and Conditions shall form the Agreement between FAF and each Participant.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE APPLYING FOR A PROGRAM PACKAGE. By applying and/or registering for the Program Package, you agree to these Terms and Conditions. If you do not agree to these terms you may not be eligible to participate in the FAF Program.
A. PAYMENT TERMS
Spaces for the FAF Program are limited. Applications shall be reviewed on a first-come-first-served basis and based on FAF Program eligibility. Once application is accepted, participant will be asked to confirm their Program Package registration with the 1st installment/payment to reserve a space. No registration will be processed before receiving the 1st installment/payment, and no registration will be completed before receiving the 2nd installment/payment for the remaining balance. Participant shall make payments promptly according to the payment schedule as instructed.
The specific payment amount and payment deadline for the 1st installment will be indicated in the application acceptance notice. The 2nd installment/the remaining balance amount and payment deadline will be indicated in the registration confirmation and invoice that applicants will receive upon submitting of their 1st installment/payment.
Note: Delayed payments prevent FAF from meeting payment schedules imposed by land vendors for the various services included in the Program Packages. Failure to make timely payments will result in the withdrawal and cancellation of the registration, in which case, the following cancellation policy and fees will be applied.
B. CANCELLATION BY PARTICIPANT
If Participant desires to cancel participation in the FAF Program for any reasons, which may include but are not limited to medical condition or outcome of visa applications with U.S. embassies abroad, he/she shall provide written notice to FAF no later than two (2) weeks prior to the beginning of the FAF Program. In the event of cancellation, Participant acknowledges that he/she is responsible for the following cancellation fees which will be retained by FAF to cover its administration service cost and non-refundable reservation deposits to the service providers. The later the Participant notifies FAF of a cancellation, the lesser amount of refund FAF may be able to obtain from the service providers, thus higher cancellation fees will be applied to Participant:
|Date of Written Cancellation Notice||Cancellation Fees Per Person|
|On or Before June 15, 2018||$250|
|June 16 - July 1, 2018||$350|
|July 2 - July 13, 2018||50% of the total Program Package cost|
|July 14 - July 25, 2018||75% of the total Program Package cost|
|On or after July 26, 2018||100% of the total Program Package cost|
C. CANCELLATION BY FAF
FAF reserves the right to cancel the FAF Program for any reason and at any time, in which case a full refund to the extend of payment received by FAF shall be made for any FAF Program services that are not already provided, including the non-refundable deposit payment. However in the event FAF determines to cancel the FAF program because of “just cause”, Section F hereof shall apply and FAF shall be obligated only as indicated in Section F. “Just cause” shall include but not be limited to acts of God, strikes, weather, war, crime, sickness, threats of terrorism per Department of State Advisories or other events that FAF determines would result in unsafe or uncomfortable travel conditions.
FAF can terminate the participation of any Participant in the FAF Program if FAF or its Authorized agent or representative deems said Participant to be detrimental to the FAF Program or to the reputation of FAF itself. FAF shall refund only the amounts available, as refunds from its service providers and FAF shall have no responsibility for any expense incurred by any such Participant. FAF reserves the right to expel said Participant for disruptive behavior at any point during the FAF program as deemed appropriate by on-site FAF staff. All consequential costs of participant expulsion shall be borne by the Participant without recourse to refund of unused program benefits.
E. MODIFICATION OF AGREEMENT
FAF agrees to assume the risk of changes of up to 2% in its expenses to provide the specified Program. FAF reserves the right to modify the terms of this Agreement, including the FAF Program and costs, if FAF's anticipated expenses are affected by unforeseen monetary fluctuations, changes in costs of services and accommodations, changes in transportation tariffs, or other circumstances beyond the control of FAF, and such changes exceed 2% but less than 10%. In this event, FAF shall provide notice as soon as practicable to the Participant. If such changes exceed 10%, the Participant may either (i) negotiated with FAF to modify the terms of the agreement or (ii) cancel the contract and request and receive a refund of the payments made by the Participant, less any out of pocket expenses paid by or to be paid by FAF. This document constitutes the complete and exclusive Agreement between the signatory-parties and may be modified subsequently only by mutual and written consent.
F. LIMITATION OF LIABILITY
In the event that meeting venues, conference agenda, activities, transportation services, accommodations, meals or any other parts or all of the FAF Program are changed, delayed, postponed, canceled or otherwise not provided, FAF's liability is limited to the provision of such substitute or supplementary venues, services and/or accommodations as can be secured or provided at no additional cost to FAF. FAF shall have no responsibility in refunding to Participant due to such change, nor for any expense incurred by Participant that is not retained by FAF. Alternatively, subject to FAF's sole discretion, FAF may refund to Participant an amount that FAF is able to obtain as a refund from the service provider for the lost services.
G. PROPERTY DAMAGE
FAF shall not be responsible for any property belonging to the Participant that is lost or damaged during the course of the FAF Program. Further, Participant understands that it is responsible for, and shall indemnify FAF against, any and all claims made against FAF, its agents and representatives, for damage to property caused by any Participant during the FAF Program.
Participant agrees to credit FAF prominently in any publicity, brochures, films, videotapes, exhibitions, visual materials, or other materials that the Participant may produce or authorize to be produced or distributed in connection with the FAF Program. Such credit shall be listed or mentioned separately from any other recognition of support, e.g., “This photo/video was taken during The Youth Assembly, a project of Friendship Ambassadors Foundation (a non-profit, tax exempt organization promoting educational cultural exchange, located at 299 Greenwich Avenue, Greenwich, CT 06830)”
I. WAIVER OF LIABILITY
Participant agrees that FAF shall not be responsible for, and Participant hereby waives any claim against FAF for, and releases FAF from, any liability of any nature whatsoever for loss (including additional expenses caused by delays and/or changes in meeting venues, transportation or other services), damages (including consequential damages), or injury to property or persons due to any cause whatsoever, including, without limitation, any act, omission or negligence of any hotel, airline, bus company, railroad or owners or contractors providing accommodations or other services, occurring during the duration of the FAF Program, except for claims based on the willful misconduct and/or gross negligence of FAF. Nor shall FAF be responsible for any loss, cost, damage, injury, delay or expense arising from acts of God, strikes, weather, war, civil disorder, crime, sickness, or other events beyond the control of FAF, and any loss or expense arising from the above contingencies shall be borne by the Participant involved.
In the event that meeting venues, conference agenda, transportation services, accommodations, meals or any other parts or all of the FAF Program are not available, delayed, postponed, canceled or otherwise not provided, FAF reserves the right to provide such substitutions or supplementary services and/or venues as can be secured or provided at no additional cost to FAF. If FAF determines that no such alternatives are available, FAF shall refund to Participant whatever amount that FAF is able to obtain as a refund from the service provider for the lost services, less any out of pockets expenses paid by or to be paid by FAF. Under no circumstances whatsoever will FAF be liable to the Participant and / or Individual for any amount exceeding the total cost of the Program per Individual.
In connection with the FAF Program and the conduct thereof, Participant agrees to indemnify and hold FAF, and its agents, officers, employees, volunteers and directors harmless from and against any and all loss, liability, claim, suit or demand, including reasonable attorney's fees arising there from, which may be asserted against FAF by any Individual or person or organization not a party to this Agreement on account of the Participant's involvement with the FAF Program, except if such loss, liability, claim, suit or demand is based on FAF's willful misconduct and/or gross negligence.
L. CHOICE OF LAW
The parties agree that any and all claims arising under this Agreement, including but not limited to claims arising by statute or by contract, tort, or in equity, shall be construed pursuant to New York law.
Any controversy, claim or dispute arising out of or relating to this Agreement, shall be settled solely and exclusively by binding arbitration in New York, New York. Such arbitration shall be conducted in accordance with the prevailing arbitration rules of the American Arbitration Association ("AAA"), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by AAA ; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the AAA’s rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorneys fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided however, that nothing in this subsection shall be construed as precluding the bringing of an action for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. If for any reason this arbitration clause becomes not applicable, then each party, to the fullest extent permitted by applicable law, hereby irrevocably waives all right to trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this agreement or any other matter involving the parties hereto.
This agreement, along with any exhibits, appendices, addendums, schedules, and amendments hereto, encompasses the entire agreement of the Parties, and supersedes all previous understandings and agreements between the Parties, whether oral or written. The Parties hereby acknowledge and represent that said Parties have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement. The Parties hereby waive all rights and remedies, at low or in equity, arising or which may arise as the result of a party’s reliance on such representation, assertion, guarantee, warranty, collateral contract of other assurance, provided that nothing herein contained shall be construed as a restriction or limitation of said party’s right to remedies associated with the gross negligence, willful misconduct or fraud of any person or party taking place prior to, or contemporaneously with, the execution of this Agreement.
Updated on: May 1, 2018
THE YOUTH ASSEMBLY
A PROJECT OF FRIENDSHIP AMBASSADORS FOUNDATION, INC.
299 Greenwich Ave, Greenwich, CT 06830
Tel: +001 203-542-0652
Fax: +001 203-542-0661