Experience America Release and Agreement Form


Experience America Release and Agreement Form[

 

I (or my parent or guardian if the participant is under 18 or legally a minor) am a participant in the educational tour provided by Experience America. By signing this Experience America Release and Agreement Form, I understand and agree to the following:

 

  1. Experience US LLC (herein Experience America) and its listed agents, officers, directors, employees, and authorized representatives (collectively referred to herein as Experience America) do not own or operate any entity which is to or does provide goods or services for my program, including, for example, hotels or other lodging facilities, buses, airlines, motorcoaches or other transportation companies; providers or organizers of optional excursions or equipment used thereon, local ground operators, food service or entertainment providers, and etc. I acknowledge that all such persons and entities are independent of Experience America. Therefore, Experience America is not liable for any negligent, willful act, or failure to act of these persons or entities, or any other third party. Experience America is not affiliated with any other tour operator. All suppliers are independent contractors, and are not agents or employees or representatives of Experience America. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all customers agree that neither Experience America, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour participant or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Experience America. Experience America assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any participant that may result from any act or omission on the part of others.
  2. The participant acknowledges that the enjoyment and excitement of travel includes inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks may contribute to such enjoyment and excitement, and are understood factors in my voluntary participation. Therefore, I acknowledge that I am aware of the inherent hazards and risks associated with participating in an Experience America tour, including those associated with travel.

 

Inherent hazards and risks include, but are not limited to, risk of injury or death from: collisions with motor vehicles, animals and/or pedestrians; slips, and falls, consumption of alcoholic beverages, tainted food, or non-potable water; possible equipment failure and/or malfunction of my own or other’s equipment; exposure to the elements, including heat, cold, sun, water, and wind; my own negligence and/or the negligence of others, including tour guides, other guests, Experience America employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; known or unknown medical conditions, physical excursion for which I am not prepared or other such accidents; the negligence or lack of adequate training of any agents or employees of Experience America who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.

 

I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. I agree to be responsible for my own wellbeing and negligence. I freely and voluntarily assume complete personal responsibility for these risks and for the injuries or death that may occur as a result of these risks, even if such injuries or death occur in a manner that is not foreseeable at the time this agreement is signed.

 

  1. I understand that my Experience America tour begins with the departure of the designated transportation and ends upon completion of the return transportation.
  2. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Experience America, or the employees, representatives or agents of Experience America. I agree to follow any such group rules or regulations that Experience America may require, and further, to indemnify Experience America and its staff, agents, employees, vendors, and contractors against any consequences which may result as a result of my refusal to comply with such regulations. I agree that my participation in the Experience America program may at any time be terminated by Experience America if I fail to follow these regulations, the instructions of my group leader(s), or Experience America personnel. I agree to being sent home at my own expense and waive the right to any refund of the trip cost.
  3. I agree to pay for all damages to the facilities of Experience America caused by my or my family’s negligent, reckless, or willful actions. I agree to indemnify Experience America from any and all claims made against it based on my actions, omissions, and/or breach of its’ Terms and Conditions.
  4. I agree to follow all the local laws while on tour, both domestic and international, including those concerning drugs and alcohol. I understand that if I abuse or disobey such laws, even unintentionally, I waive my right to a refund of any part of my Experience America program, and Experience America may send me home at my own expense. Additionally, I understand that is local authorities become involved, I am subject to the laws of the domestic or international location where I am a guest. 
  5. Experience America shall have the right, at any time in its discretion and without liability or cost, to cancel any trip or portion of a trip, or make an alteration in itinerary, or accommodation, in the event of any trip being rendered unsafe.
  6. I understand that Experience America is not responsible for my well-being during such periods of time that I may be absent from Experience America’s supervised activities.
  7. Experience America is not responsible for loss, theft, or damage to my belongings or to the belongings of any other person, including passports and travel documents. I understand that Experience America is not responsible for the loss or theft of any of my personal property during the trip.
  8. In the event of an emergency requiring medical attention, I give my consent and permission to the staff of Experience America, school officials, chaperone(s) or attending physician to perform medical treatments and/or surgery. Experience America cannot be held responsible for the quality and timeliness of any such medical care received, nor for any expenses incurred. In the circumstance of an injury, illness or other emergency situation, only school chaperones and/or Experience America staff may be with a student without other students or adults present.
  9. The parties understand and agree that all claims must be brought within six months following the completion of the tour. All claims brought more than six months after the completion of the tour are forever waived and cannot be pursued in another forum.
  10. I understand that I must make timely and full payments according to the payment schedule determined upon enrollment and/or by my group leader(s) and Experience America. If I fail to meet such payment deadlines, I realize that I will be required to pay a late fee per payment. In the event that my trip is not paid per the prescribed payment schedule or paid in full by the final payment due date, I understand that my trip may be canceled. Such cancellations will fall under the Standard Cancellation Policy.
  11. I agree to take whatever steps are necessary to obtain the necessary travel documents (passport or visa) in a timely manner. You and any minors traveling with you must be in possession of a machine-readable passport valid for 6 months after their trip return date along with applicable visas. Some countries require that your passport have two to four blank visa/stamp pages. Some airlines will not allow you to board if this requirement is not met.  For information about passport requirements you can visits the State Department’s website at https://travel.state.gov/content/travel/en/passports.html.  It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities.  Please note that entry to any country may be refused even if the required information and travel documents are complete. I also agree that I will not hold Experience America responsible in the event I am unable to obtain the necessary documents. Any cancellations necessary because of an inability to obtain necessary travel documents will follow the Standard Cancellation Policy, unless I previously enrolled in the TPP.
  12. I understand that Experience America does not carry or maintain health, medical, or disability insurance coverage for any participant. Each participant is expected and encouraged to obtain his or her own travel insurance as well as medical or health insurance coverage, and to check with his or her own health insurance provider about coverage while traveling abroad.
  13. I agree that any photos or video likenesses taken of me while on an Experience America trip and any of my comments, are the sole property of Experience America and may be used in future Company publications without any compensation being owed to me.
  14. I hereby release and hold harmless with respect to any and all injury, disability, death, or loss or damage to person or property, whether caused by negligence or otherwise, Experience, America its employees, tour guides, subcontractors, shareholders, subsidiaries, affiliates, officers, directors, successors, agents, and assigns (collectively Experience America). Furthermore, without limitation, Experience America is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of accommodations, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely, I agree that this release shall be legally binding upon me personally, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, it being my intention fully to assume all the risks associated with this trip and to release Experience America  from any and all liabilities to the maximum extent permitted by law. By entering into this Agreement, I am not relying on any oral or written representation or statements made by Experience America, other than what is set forth in this Agreement.

 

I have carefully read and fully understand the contents and legal ramifications of this Agreement. I understand that this is a legally binding and enforceable contract and agree of my own free will. I agree that if any portion is found to be void or unenforceable, the remaining portions shall remain in full force and effect. No additions, deletions or changes can be made to the release form, and agreeing to it is a requirement for joining the trip.

 

PARENT OR GUARDIAN OF MINOR: I, as a parent or guardian of the minor, hereby give my permission for my child or ward to participate in the trip and further agree, individually and on behalf of my child or ward, to the terms above.

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Signature Certificate
Document name: Experience America Release and Agreement Form
Unique Document ID: 6da8e41e750a3350c761edcbe05333df353a4eaa
Timestamp Audit
September 23, 2019 5:39 pm PSTExperience America Release and Agreement Form Uploaded by Olen Anderson - [email protected] IP 73.225.212.2