- Volunteer Abroad
- Intern Abroad
- Adventure Tours
- Wildlife Programs
- Gap Year Abroad
- Group Programs
- Study Abroad
Continents:Asia Africa Latin America
Countries:Brazil Costa Rica Ecuador Ghana Guatemala Kenya Nepal Peru Tanzania Uruguay Zanzibar
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7.7 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 IVT to be as broad and as inclusive as permitted by law.
8. Additional Representations and Warranties
8.1 Volunteer Services. You agree, understand and acknowledge that Your agreement to provide volunteer 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 or other program provided by a travel agency.
8.2 Country Exploration Activity. You agree, understand and acknowledge that the opportunity to explore different cultures, customs, religions, languages and nature exists, but only as a additional and optional component of Your obligations to work as a volunteer in a Host Country. You agree that should You want to participate in such Country Exploration Activity You shall pay for Your participation in addition to and within the same time frame and deadlines as the Program Fees.
You agree, acknowledge and understand that Activity will be arranged and operated by an Activity Coordinator who may be the Country Coordinator and/or other Party in the Host Country. You also agree that We have no control over Activity and the Activity Coordinator may at his sole discretion and without notice, shorten, postpone, cancel, or otherwise alter Activity for various reasons including but not limited to inaccessibility, undue risk, or failure to find enough people to meet the cost of operation. You agree that due to the limitations of life in developing countries as outlined in other sections of this Agreement, any schedules and/or itineraries provided by Us on Our website or otherwise will be tentative and the Activity Coordinator may change the scope, content, times, places, events and such other aspects of the activity to suit the circumstances prevailing in the Host Country at the time of Activity.
You agree that during the activity travel will be by public and/or shared private means, accommodation in shared tented camps, economy hotels, or Host Homes and between one and three local meals per day will be provided. You agree that You shall not hold Us responsible for changes and/or any costs or expenses incurred by You due to changes to the activity or failure to meet Your expectations or fit into a provided schedule.
You agree, understand and acknowledge that most country exploration activity will be outside the immediate environment of Your Host Home and Specific Project and may include the wilderness where proximity to wild animals is possible. You agree that during the course of the activity You shall be subject to the same terms and conditions as a Wildlife Program Volunteer (as outlined in subsection 3.14) and shall take the most stringent steps to safeguard Your well being including but not limited to the provisions of subsection 3.24. You agree, understand and acknowledge that during the activity You may be issued with a statement of the rules, regulations and agreements that the Activity Coordinator expects or requires You to follow including guidelines for Your safety and agree to be bound and abide by such rules, regulations and agreements.
You agree, understand and acknowledge that the Activity Coordinator will normally be paid in advance of Your Scheduled arrival and if You cancel Your activity within 30 calendar days of Your scheduled arrival, there shall be no refund whatsoever for any Activity fees. You agree that if after the start of the Project Period the Activity Coordinator changes the nature of activity that You paid for so that there are fewer days for participation in the same specific activity, the Activity Coordinator may at his sole discretion make up for the shortfall by upgrading the activity (such as from basic to luxury camping), or extending the number of days under a similar activity or ask Us to give You a refund to cover the unutilized activity days.
If You choose to participate in the activity with a different Party other than the Program Activity Coordinator, You shall be responsible for Your participation in such activity and We shall neither pay Your Party nor refund You any fees to cater for expenses You may incur in undertaking such activity. You agree that except where it is provided otherwise in this section 8, either You or We may cancel Your participation in the activity subject to section 5 of this Agreement
8.3 Majority Age and Contractual Capacity. You represent and warrant to Us that You are of majority age of eighteen years or older and that You have full and complete capacity and authority to bind Yourself to this Agreement.
8.4 Photographic Assignment and Release. You hereby grant and convey unto IVT 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 IVT or made with Our consent, in connection with Your participation in any Project or Placement arranged through IVT and/or any Project, activity or event sponsored, managed, arranged, or promoted by, or otherwise affiliated or associated with IVT, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. Your consent to such use by IVT includes mention of Your name, age, town/city/country/area of residence.
You hereby, grant IVT, 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 IVT and its affiliated organizations, which we get by your contact with IVT and/or your participation in our program.
8.5 Project Work. You understand, agree and acknowledge that all work and details of the volunteer services to be provided by You in connection with the Project are governed solely by the Project Staff and IVT has no control or responsibility with regard to Your work on the Project and We do not cannot guarantee Your level, extent or amount of work.
8.6 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.
8.7 Developing Country Limitations. 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, transportation facilities and other day-to-day services; 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:
8.7.1 Reduced Safety Standards. Safety standards in most Asian, African, and Latin American countries generally do not meet the standards in the United States, Canada, Great Britain or other developed countries. Various risks exist in many areas of the countries, irrespective of the means of travel be it by raft, canoe, boat, bicycle, train, plane, automobile, horseback, or by other means of conveyance; or on foot, roads, or trails; or at hotels.
8.8 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 IVT 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 IVT has mislead You in any way in connection with any Placement for which You are selected.
8.9 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 other developed countries 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 IVT. You agree to fully indemnify and hold IVT 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 IVT as a result of Your actions, inaction or omissions; or (iii) any contractual claim or other cause of action asserted against IVT as a result of Your conduct and/or Your failure to perform the volunteer services required hereunder.
10. Force Majeure
10.1 Project Delay or Cancellation Due to Force Majeure. Various events which IVT 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 IVT 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. IVT's only obligation in the event of any Force Majeure is to reasonably attempt to reschedule or relocate Your Placement and/or Project. If IVT 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.
11.3 Severability. 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.
11.4 Counterparts and Signing. 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 of the parties hereto may execute one or more counterparts or copies of this Agreement, 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.
11.5 Assignment. IVT 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 IVT's prior written consent.
11.6 Notice. 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 Placement 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. Except as expressly provided in this agreement, 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.
11.8 Litigation. 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.
11.11 Arbitration. 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, 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 Athens, Georgia 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 Georgia, United States of America, without giving effect to conflict of laws principles.
11.13 Consent to Jurisdiction and Venue. Each 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 Georgia 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 any Georgia court or in any U.S. District Court sitting in the State of Georgia (assuming such latter court has jurisdiction over such suit, action or proceeding), at the option of the party bringing such suit, action or proceeding, and also specifically waives any objection which it may have to the venue of any such suit, action or proceeding brought in Athens-Clarke County, Georgia and irrevocably submits to the jurisdiction of any such court in any such suit, action or proceeding. Nothing herein shall affect the right of either party to serve process in any manner permitted by law.
11.14 Group Complaints. You agree, acknowledge and understand that even though we may accommodate groups, the services We offer are meant for individuals. You shall not participate in any group complaint or lawsuit including class-action lawsuit against Us for any reason whatsoever. In the event that You participate in such action, You and Your estate shall reimburse Us for all judgments and costs, including all attorney's fees and damages.
11.15 Modification. 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.
11.16 Acknowledgment. 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.
11.17 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.