Sarah Ehlers
President
This Volunteer Services Agreement is a legally binding contract which sets forth all of the terms and conditions of Your agreement with A Broader View Volunteers Corporation. As part of Your application process, You are required to verify and affirm that You have read and thoroughly reviewed this contract and that You understand, entirely accept and agree to be bound by all of its terms.
If you have any questions regarding this contract, please email A Broader View Volunteers Corp and we will be happy to assist you.
This Agreement includes certain key terms that are specifically defined in the Definitions that follow. Other defined terms may be included in body of the Agreement. Defined terms are indicated by a capitalized letter at the beginning of the term and shall have the meaning and intent respectively defined below:
“Agreement” shall mean this Volunteer Services Agreement between You, as the Applicant, and A Broader View Volunteers Corp, including the Term Sheet/Invoice and any other written exhibits that may be referenced herein and/or attached to this document.
“Applicant” shall mean the specific person identified on the Term Sheet/Invoice that enters into this Agreement with A Broader View Volunteer Corp and may generally be used interchangeably with “You” or “Your” when possessively referring to You.
“Country Coordinator(s)” means the person(s) in the Host Country who organize and coordinate Placements of Participants.
“ABV” shall mean A Broader View Volunteers and may generally be used interchangeably with “We” or “Us” or “Our” when possessively referring to Us.
“Host Country” shall mean the Country in which Applicant is placed to perform volunteer services.
“Host Family” shall mean the people in the Host Country who provide living accommodations and meals to Participants during the Project, but may occasionally also include a hostel or similar volunteer guesthouse accommodation.
“Participants" shall collectively refer to persons that have volunteered services pursuant to an agreement entered into with ABV and generally includes the Applicant.
“Placement” shall mean the general process of placing Participants in a particular services Project located within a Host Country.
“Program Fees” shall mean the applicable fees to be paid to ABV by Applicant as identified in the Term Sheet/Invoice.
“Project” shall mean the specific venture and/or activity for which a Participant is engaged and selected to provide volunteer services, as more fully specified in the Term Sheet/Invoice.
1. Placement of Participants.In consideration of Your payment of the Program Fees identified in the Invoice and the volunteer services to be provided by You pursuant to this Agreement, ABV agrees to arrange a volunteer Project in a Host Country for which You shall provide volunteer services during the duration of the Project Period. ABV is not obligated to perform any other services for or on behalf of You other than those specific services identified (volunteer placement/housing/food/support) based on the dates on the Invoice. Unless specifically provided otherwise in this Agreement, You shall remain solely responsible for paying any and all costs and expenses related to your participation in any Project and/or Placement.
2. Placement Arrangements.ABV will review and research Your Placement requests and attempt to reasonably match Your personal interests or preferences with the list of Projects made available to Us in conjunction with our Volunteer Coordinators. Since all Placements and corresponding Projects are based in developing nations and some in rural conditions, You are required to be flexible with regard to Placements and the specific Project that is ultimately selected and approved by ABV. If, after Your arrival in the Host Country, You are dissatisfied with Your Project, ABV will try but it may be unlikely to find an alternative Project for You; however, the Country Coordinator will work with You and the ABV USA office to try to resolve any difficulties as quickly as practicable. ABV is not obligated to find an alternative Project if You are simply dissatisfied with the Project selected for You and identified in the Invoice. In some cases, the actual Project tasks may differ slightly from the Placements and/or Projects described on Our website or in any related literature. Also, on many occasions, Project Staff may request that You assist with some additional jobs or services that are related to the assigned Project. In the unlikely event that it become necessary to move you from one project to another, in the same immediate location, the Country Coordinator will arrange transportation from Your old Project to Your new Project and ABV will advise You of this change as soon as reasonably possible.
3. Country Coordinators.Country Coordinators are available in each Host Country. The Country Coordinator serves as the primary contact for the You in the Host Country during the Project Period. The primary purpose of the Country Coordinator is to welcome You to the Host Country and to assist You in getting situated to complete the Project. Specifically, the Country Coordinator will, during the Project Period, assist You with: (i) arrival in the Host Country by meeting You at the airport; (ii) arranging for room and board in the Host Country with the Host Family or hostel; (iii) orientation for the Host Country, its culture, the Host Family, general safety precautions, and related issues; (iv) introductions of You to the Host Family and, when reasonably possible, to other ABV volunteers (v) offer emergency help or support if reasonably possible and as needed. Once You are introduced to the Host Family, the Country Coordinator will periodically contact You, usually once a week phone call check ins or in person visits, to ensure that the Project is proceeding satisfactorily. In rare circumstances, the Project is located a great distance from the location of the Country Coordinator. In such an event, the project coordinator on site will report direct back to the Country Coordinator who will report back to ABV. There will always be an ABV presence or staff on-site at the program.
4. Airport Reception.The Country Coordinator and staff will pick You up from the airport in the Host Country if You timely inform Us of your flight schedule, in writing, at least four weeks in advance of Your arrival in the Host Country. Unfortunately, travel delays in developing countries are a common occurrence. If, due to unforeseen circumstances, You are delayed or miss a flight, it is Your responsibility to contact the Country Coordinator or ABVUS office. You will also be provided an emergency telephone number to reach the ABV US office to report any delays.
5. Host Family/Accommodations. ABV arranges living accommodations and meals for You during the Project Period. Accommodation can be a Host Family, a shared volunteer house, or dorm style housing located at the Project. In terms of accommodations and meals, ABV guarantees safe, clean accommodations based on local standards (not always US standards). Volunteers are not permitted to stay longer than their pre-determined Project Period. In-country extensions of programs are prohibited. Each family is paid a salary based on the program length, as employees of ABV; financial matters are confidential between ABV and the Host Family. Any questions about this should be addressed to ABV US office directly, emailed to volunteers@abroaderview.org. Accommodations vary among countries and regions and may also depend upon local conditions, the specific Project, or different programs. The accommodations will be basic to moderate but will vary depending upon the country and location within the country. Hygienic conditions for bathroom, toilet and related living facilities are often below western standards and are very primitive in many developing countries, you should be prepared to bring with you: (soap, toilet paper, shampoo, hand wipes, towels and others). In most cases, the accommodations provided to You through the Host Family will consist of a separate bedroom, a shared lounge and kitchen area, a shared bath room, and accessible toilets. However, depending on the exact situation, You may be required to share a bedroom in the Host Family's home with other Volunteer Participants. You will not be asked to share with someone of the opposite sex, but a shared bedroom is probable in most homes. Any accommodations provided as part of a Placement are intended solely for use by Participants. No visitors of any Participant are permitted to make any use of any accommodations or meals provided by the Host Family. No visitors are allowed in the volunteer house, Host Family. If You choose to spend time away from the accommodations provided during the Project Period, such as on an overnight trip that You organize, You do so at Your own cost and neither ABV nor the Host Family will refund or reimburse You for accommodation costs incurred by You during time spent away from the Host Family. You must officially advise the Country Coordinator and your Host Family of any travel weekend plans.
6.Allocation of Fees.ABV offers it programs through of local staff members, coordinators, or host organizations. ABV provides payment to these parties to arrange a number of services (airport receive/pick-up, transfer, selection of host family, projects, living accommodations, meals). ABV has no control over the allocation of fees, but has policies set in place to ensure that fees are being received accordingly. ABV does not control how the allotted fees to local partners or coordinators are used for telephone/internet, transportation, rent, utilities, communications, taxes, staff members, vehicles, airport receive/pick-up, transfer or donations. ABV does make donations both financially and with supplies to Project Sites, but on a rotating basis and not with every volunteer placement. With 20 countries and 165 Projects ABV allocates money from each program fee to support the various programs worldwide.
7. Meals. Through the Project/Host Family, You are provided local foods, two to three times per day, for each day during the Project Period. Family meals are prepared for all to eat and does not serve separate meals for You and/or each individual Participant. In certain circumstances, You may wish to supplement the provided meals with food purchased by You, particularly if You prefer a western diet. Upon request, the Host Family will also provide boiled water for drinking and brushing teeth. The Host Family does not provide any mineral water, special diets or other beverage types. If You have a special or unique diet, You may contact ABV may attempt to assist You but neither ABV nor the Host Family has any obligation to assist You with special dietary needs. If You require any additional dietary or other supplements to the meals provided through the Host Family, You must make such arrangements as You deem necessary at Your own personal expense. All meals provided during the Project Period are provided exclusively through the Host Family so You are solely responsible for all meals while away from the Host Family. No refund or other reimbursement is available if You decide to spend time away from the Host Family during the Project Period.
ABV does not offer travel insurance to its Participants. However, in our website we offer Travel Insurance for other companies that are not related with ABV. Travel insurance is mandatory and should provide pre-trip coverage and in-country travel and medical coverage support.
1. Issues and Problems. You agree to deal directly with ABV USA-based offices for any issues and/or problems. While in the Project, Country Coordinators will provide assistance, but all decisions or possible program changes must be authorized by the ABV US office.
2. Consent to Jurisdiction and Venue. You hereby agree that ABV is a US-non-profit registered Organization.
3. Web Information. Some information provided on ABV's website is generic in nature. ABV works with dozens of local projects while offering volunteer abroad programs. The nature of these programs varies from location to location. Therefore, ABV does not guarantee complete accuracy of the information contained on the website. Volunteers agree to further verify all information prior to departure.
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1. Payment of Program Fees. In consideration for ABV ’s services in planning and arranging Your Placement and/or Program, You hereby agree to timely pay to ABV all of the Program Fees listed in the Term Sheet/Invoice, as more particularly provided therein. Acceptable forms of payment will be noted on your Invoice and the subsequent payment emails that ABV sends to each Participants. Note: Participants requiring expedited placements or date changes will be assessed an additional fee. Payment in full is due 45 days prior to departure. Late payments/applications will be assessed a $50 fee. Last minute bookings require full payment with the application, with 24hrs of confirmation, with Personal Check or Money Order. bookings.
2. Placements and Projects. You hereby acknowledge that you yourself chose the Project and Placement. It is your sole responsibility to have researched the location before applying. In participating you agree to be open and flexible in Your chosen preference. You agree, understand and acknowledge that ABV has relied upon Your agreement to be flexible in accepting Your Placement and/or Project. You are required to fulfill a 40 hour work week. Sightseeing and side trips are strictly limited to weekends. Work schedule is pre-determined by ABV and You cannot make changes to this schedule. Request for days off, or time away from the program are based on the sole discretion of ABVUS and the Country Coordinator. Any disregard for the work schedule will result in the immediate termination of Your program placement.
3. Applicant Information.You hereby authorize ABV to collect and retain personal information about You in connection with Your application with Us and You agree to provide additional information about You as requested by ABV. Such information to be collected and considered by ABV in reviewing Your application includes, but is not limited to, references, employment history, health history and medical information, passport or driver’s license numbers, current and previous mailing addresses, criminal background check and family members. You agree, understand and acknowledge that ABV may use Your personal photos in company promotion materials (newsletter) or share Your personal information with the Project Staff, Volunteer Coordinators, Host Family and similar persons or entities in connection with possible Placements and/or Projects for You. If ABV should determine, in its sole discretion, that You are unsuitable for any Placement, You agree that ABV may terminate Your application request by notifying You of the termination. Upon any such termination, You agree that You are only entitled to any refunds that may be specifically required.
4. Respect and Adhere to Local Culture, Customs, and Laws. It is Your responsibility to understand and follow the local culture, customs and laws during Your entire stay in the Host Country. You agree to dress appropriately, respecting the culture of your Host Country and Host Family; you must do your research on this matter.
5. Contact Information.You agree that it shall be Your sole responsibility to retain and carry with You any and all necessary contact information, including the address and telephone number of the contact host family and the Country Coordinator so that You may contact them in the event any need should arise.
6. Additional Information. You also agree, understand and acknowledge that You are solely responsible for thoroughly researching the Host Country and Project selected for You, including contacting other Participants who have already worked in a particular Host Country or Project, to satisfy any and all of Your information needs before You pay the applicable Program Fees.
7. Valuables.You agree and acknowledge that You will not leave any valuable belongings unattended or in any room without a lock and that ABV is not responsible, under any circumstances, for any damaged, lost or stolen items. This also is true at the Project, things like cell phones, cameras; wallets, passports should not be taken, or left unattended at any time.
8. Responsibility for Travel.You agree, understand and acknowledge that You will be solely responsible for arranging and paying for Your own travel, including all airfare to and from the Host Country and local transportation. It is Your responsibility to carry all necessary documents while you travel overseas. You agree that ABV shall not be responsible for any supporting documents necessary for Your travel needs or other purposes. You agree that ABV is not responsible for any airfare or for any other charges that may result from canceling, changing or transferring flights or other arrangements which may result or occur as a result of Your Placement and/or Project being revised, cancelled, terminated or otherwise modified due to Force Majeure and/or any event and/or circumstances outside ABV’s control. **** Program Fees do not cover in-country daily transportation: cabs, jitneys, buses.
9.Insurance You are solely responsible for evaluating and determining the type, extent and levels of any insurance coverage You may need or desire during the Project Period, including, without limitation, coverage for: light work; the cost of cancellation of the Placement by You; the cost of assistance including repatriation in the event of accident or illness; legal liability and expenses; lost baggage; cancelled flights; medical expenses; kidnapping; liability arising due to personal injury to You or a third party; and cancellation of your Placement for any other reason. In addition, You agree, understand and acknowledge that You are solely responsible for reviewing the travel insurance and determining whether such coverage adequately and appropriately serves Your needs. You are also solely responsible for maintaining any necessary insurance documents with You as may be needed to prove any insurance coverage available to You.
10.Wildlife/Indigenous Volunteers Program (applicable only to participants applying for Wildlife Volunteers Program in Central and South America). Participating in the Wildlife Project involves some level of risk of injury, up to and including death of the volunteer participant. Wildlife Project Volunteers will come into contact with wild animals which can act unpredictably and may be capable of inflicting serious bodily injury upon humans. Wildlife Project Volunteers are to presume all animals that they come into contact with as a result of their participation in the Wildlife Project are wild animals and as such dangerous. Although some animals in the project may be tame, they are still wild animals and Wildlife Project Volunteers must treat them as wild animals at all times. Should a volunteer have any questions about what conduct is appropriate when dealing with wild animals and/or any specific animals they may encounter in the Wildlife Project they should direct such questions to the local partner on their project. Further, due to the nature of the Wildlife Project volunteers can be exposed to additional hazards in addition to those associated with dealing with wild animals. While our local partner takes every precaution to ensure the safety of volunteers participating the Wildlife Project you undertake all programs and associated expeditions entirely at your own risk. Considering the nature of the Wildlife Project volunteers assume all risks of injury, up to and including death, property damage, and any and all other losses and damages whatsoever that may result from their participation in the Wildlife Project, and all volunteers agree that ABV shall not be liable for any and all injury, up to and including death, damage to property, and/or any and all other loss or damages resulting from the volunteers participation in the Wildlife Project. Further, the volunteers participating in the Wildlife Project agree that the above shall be binding upon the participant's dependants, heirs, legatees, estate, executors, administrators, and assigns. The volunteer, and his/her dependents, heirs, executors, administrators or assigns through the volunteers agreement to participate in the Wildlife Project, hereby agree to indemnify and hold harmless ABV , its members, managers, employees, representatives, assigns, and agents from any claims of whatsoever nature and from any liability for delay, loss, damage, injury, property damage, illness, death, or any and all other damages or losses arising from any cause whatsoever out of events related to, occurring, or in any and all other way connected to the participants involvement in the Wildlife Project.
11. Personal Liability.You agree that You are and shall remain personally and solely liable for Your conduct, actions and/or omissions within the Host Country, including, without limitation, any damages You and/or Your guests may cause: (i) to the Host Family and/or accommodations provided by the Host Family; (ii) to the Project Staff and/or the Project; and (iii) any person or property located within the Host Country.
12. Passports. You agree that You are solely responsible for ensuring that You have and maintain a valid passport that is acceptable to the immigration authorities of the Host Country of Your Placement and which will remain valid for the duration of the Project Period and for a period of at least 3-6 months after the termination of the Project Period.
13. Responsibility for Immunizations and Medical Conditions.You agree that it is and shall remain Your sole responsibility to ensure that You have taken appropriate medical advice from your doctor with respect to the Host Country in which you will be working, and that you have received all of the appropriate inoculations, immunizations and medical treatments with respect to the Host Country in which You will be placed within the appropriate period of time prior to Your arrival within the Host Country.
14. Medical Disclosures.You agree that You will fully disclosed to Us any and all medical conditions and health issues that are relevant to Your Placement before departure and Your work on any Project.If You have given any incorrect or false information about Your medical or mental health conditions, You will be removed from the program immediately and You agree that You automatically waive and forfeit any right to any reimbursements otherwise payable.
15. Travel Advisories. It is Your sole responsibility to investigate and adhere to any travel warnings from Your governmental agencies. You agree that ABV shall bear no obligation or responsibility whatsoever for any liability resulting from Your failure to follow any travel advisories. You hereby agree that You are solely responsible and do hereby assume all personal risks of traveling to and working in any Host Country.
16. Visas/Restrictions In all cases, a visa is required for entering any Host Country to provide volunteer services. You agree, understand and acknowledge that You are solely responsible for arranging, obtaining and/or extending Your visa, including payment of any and all fees associated with Your visa. ABV will provide you necessary documentation to secure a visa when it is required. Prior to Your designation of desired Placements, ABV can, upon request, provide You with more information on those Host Countries. You agree that You are solely responsible for ensuring that You have obtained a visa that is appropriate for You in the circumstances explained above and for the costs of obtaining such a visa.
17. Prohibited Activities. You agree that You shall not engage in any religious evangelical activities, criminal activities, illegal drug and alcohol use or trafficking, interactions with terrorist groups, or any political activities. You agree that You will not travel alone after dark or engage in any other reckless or negligent conduct that could impact your welfare or safety such as alcohol abuse or ingesting any other drugs. You further agree that You will not swim in any open rivers or travel alone in dense forest or isolated areas where you may get lost. You agree that You will not drink alcohol, use drugs and smoke cigarettes inside ABV office/hostel premises, project facilities and host family premises. You also agree that You will not engage in any sexual or other activities which may be offensive to local culture and custom of host family. You also agree to respect the privacy and welfare of other volunteers living in the same hostel/hotel/host family. Failure to obey any of the above conditions will lead to immediate cancellation of your involvement in the Project and removal from the Host Family premises and You hereby forfeit and waive any rights to any reimbursement that may otherwise be provided.
18. Resolution of Complaints. During your Placement, if a problem arises, it is Your responsibility to resolve/address the issues directly with the Country Coordinator. You should also contact ABV US immediately. ABV will promptly contact the Country Coordinator and any other parties involved in the resolution of the issue.
1. You agree that volunteer abroad program is not a guided tour. You agree that the program and travel itineraries are mere samples and are likely to change. You agree to be patient and flexible.
2. ABV program has some limitations in its ability to control certain matters (clearly stated in the Orientation material) related to developing countries, host families, projects, and over all program.
3 You agree that numerous, minor issues can be resolved through patience, flexibility, respect, and negotiation.
4. You agree that ABV pays funds (for accommodations, meals, insurance, etc.) in advance and is not able to have these funds returned to ABV once payment has been remitted. Therefore, ABV is not able to refund these funds to you. You understand the limitations of refunding and the importance of solving Your issues locally. You understand and agree that full refund is impossible.
5. In the event you fail to contact the Country Coordinator and ABV USA office while the problem is occurring, while in the Placement, you forfeit any claim for any refund whatsoever.
For the general complaints after you agree to follow the following complaints management steps:
Submit Written Complaints: All complaints that are submitted to ABV must be submitted in writing and signed by You
Country Coordinator's reply: Once we receive your written signed complaints, ABV will investigate thoroughly. ABV also collect information to verify your complaints from project staffs (where you worked), host family, project coordinator, and other volunteer present.
Verification and Decision: While making verification, we carefully analyze the facts, our promised services, and whether you violated the terms and conditions.
Refund: If ABV concludes that we failed to offer the promised services, we will give a partial refund after deducting the actual cost incurred on you. However, no refund will be made if we determine your complaints are not true, biased, fabricated, or you consistently ignore coordinators warning or violated terms and conditions or ignore limitation of our program (outlined in many subsections of our terms and conditions).
Time Period: completion of all complaints verification, analysis, decision, and refund (if necessary) generally takes 3-4 weeks.
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1. Payment. In consideration for ABV’s services in planning and arranging a Placement and Program for You, You agree that You shall timely pay to ABV all of the Program Fees listed in the Term Sheet/Invoice. Late payments and late applications will be assessed a $50 fee.
2. Nonrefundable Deposit.Upon our acceptance of Your initial application form, You shall pay a nonrefundable deposit to ABV in the amount of US$ 120.00, which represents a portion of your Program Fees. The payment of the deposit to ABV shall be, in ALL cases, nonrefundable, only in the effect that we can't provide a placement; we will refund the deposit.
3. Application Procedures.Upon receipt of Your initial application and deposit, We will email You an orientation guide, which includes confirmation of Your initial application form and a Term Sheet/Invoice, which includes a schedule identifying the details of the deposit that You have paid Us and the deadline for Your payment to Us of the remaining balance of the Program Fees.
4. Payment of Balance of Program Fees.You hereby agree to pay to Us the remaining balance of the Program Fees at least 45 days prior to Your scheduled arrival date of Your Placement, or at the time of application if you apply in less than 45 days from the proposed start date.
5. Confirmation of Placement.We will provide You with the final details of Your Placement not less than 30 days before your Placement start date. We cannot guarantee the complete finality of these details as it may be necessary to make minor changes to these details prior to Your arrival. This can include changes in host family, or specific Project site.
6. Completion of Application.We reserve the right to postpone Your arrival date at Your Placement if You do not complete all of the required forms and timely pay to Us the total remaining balance owed by You in connection with the Program Fees. The final deadline for receipt of Your completed application form, including this Agreement, and full payment of the Program Fees is must be made no later than 45 days before Your scheduled arrival date at Your Placement.
1. Refund Policy and Considerations. Compared to similar Organization that provide comparable comprehensive volunteer service opportunities, ABV ’s Program Fees are significantly less than the fees charged by other such companies and Participants are encouraged to compare ABV ’s Program Fees to the fees charged by other similar programs. ABV commits significant resources to arranging each Placement and Project. In most Host Countries, payments to Volunteer Coordinators, Country Coordinators, Project Staff and/or the Host Family are made well in advance to pay for their commitments and services. ABV is unable to recover these advance payments so ABV is required to adopt and enforce a strict policy against refunds, except as otherwise specifically provided.Your payment of the US$ 120.00 deposit to ABV is strictly non-refundable under any and all circumstances.
3. Cancellation 46 or More Days from Start of Project.If You notify ABV in writing of a requested cancellation of a Project fifty (46) or more calendar days from the start of the Project Period, as set forth in the Term Sheet/Invoice, ABV agrees to refund to You fifty percent (50%) of the total Program Fee, excluding the nonrefundable deposit fee of $120.00 and any applicable bank or PayPal or credit card charges.
4. Cancellation Less than 45 Days from Start of Project.If You notify ABV of a requested cancellation of a Project on or after the start of the Project Period, no refund whatsoever will be made to You under any conditions or for any reasons.
5. Cancellation of Project by ABV. If ABV cancels a Project before the start of the Project Period, ABV will provide You a full refund of the applicable Program Fees. If ABV cancels a Project after the start of the Project Period because of a sudden outbreak of disease, political instability, natural disaster or similar condition beyond Our control, ABV will refund to You a portion of the Program Fees based upon the remaining weeks in the Project Period. The weekly rate ranges from $150 per week depending upon the particular Host Country. No refunds for the airfare or other travel-associated expenses will be paid or reimbursed. Any refunds payable hereunder by ABV will be made to You within ninety (90) days from confirmation of cancellation.
1. Immediate Termination of Agreement by ABV.ABV reserves the right to immediately terminate this Agreement by giving You written notice of termination if any of the following events occur: (i) ABV discover that You are involved in any illegal activities or convicted of any criminal activities before or during the Project Period; including use of alcohol, illegal drugs in the host family or Project site. (ii) Your behavior, actions and/or conduct is deemed threatening or unacceptable offensive in the judgment of the Project Staff and/or the Country Coordinator or otherwise causes fear or distress to any member or guest of the Host Family or anyone else involved in the Project; or (iii) you provide to ABV incorrect or false information about Your medical or mental health conditions. Any such termination shall be effective from the date of notice of termination and You agree that You shall not be entitled to any refund whatsoever.
2. Effect of Termination. In the event of any termination hereunder, You shall be required to immediately leave and vacate the Host Family premises and the Project premises. If you fail to immediately vacate and avoid the Host Family premises and/or Project premises, appropriate legal action may be initiated against You as is necessary to compel Your compliance. In all events, ABV shall bear no responsibility or liability for any termination hereunder and You are solely responsible for any costs of return travel, meals and/or alternative living arrangements.
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1. Assumption of Personal Risks. You hereby agree, understand and acknowledge that your agreement to travel to, temporarily live in and provide volunteer services on a project in a foreign host country necessarily involves a certain degree of hazards, inherently dangerous activities and personal risks to you, both foreseen and unforeseen, all of which are fully accepted by and solely assumed by you. In addition, you hereby fully and permanently release and forever discharge ABV from any and all liability for your personal injury, emotional injury, illness, disease, death, and/or property damage that may result or occur during your placement and/or the project period.
2. Release and Waivers. You hereby fully, permanently and irrevocably release, forever discharge and agree not to sue ABV , including any and all of its successors and assigns, its agents, managers, participants, applicants, members, employees, officers or representatives, and any country coordinators, volunteer coordinators, host families or other persons, entities, parties, organizations or agencies collaborating with ABV (collectively “released parties”), voluntarily and without duress, from any and all actions, suits, liability, claims, demands, losses, costs and/or causes of action for damages or other legal or equitable relief of any nature including, without limitation, claims for personal injury, emotional injury, illness, disease, death, property damage or other losses, expenses and/or damages (collectively “claims”), which may hereafter arise from any cause whatsoever, including, without limitation, that arising from your participation in any project or placement and/or any project, activity or event sponsored, managed, arranged, or promoted by, or otherwise affiliated or associated with ABV , whether or not foreseeable or contributed to by the negligent acts or omissions of ABV or others.
1. Majority Age and Contractual Capacity. You represent and warrant to Us that You are of majority age of eighteen years of age or older and that You have full and complete capacity and authority to bind Yourself to this Agreement. If you are underage your parent has to warrant us contractual capacity.
2. Photographic Assignment and Release.You hereby grant and convey unto ABV 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 ABV or made with Our consent, in connection with Your participation in any Project or Placement arranged through ABV and/or any Project, activity or event sponsored, managed, arranged, or promoted by, or otherwise affiliated or associated with ABV.
3. Developing Countries. You represent and warrant that You agree, understand and acknowledge that working in developing countries not only offers opportunities for great adventure and 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 and transportation facilities; terrorist activities, higher criminal rates, beggars; and wide-ranging cultural differences that may affect Your stay in many ways. In additionto the foregoing, You agree, understand and acknowledge:
a. Reduced Safety Standards.Safety standards in most Asian, African, and Latin American countries generally do not meet the standards in the United States or other developed countries. Various risks exist in many areas of travel: by raft, canoe, boat, bicycle, train, plane, automobile, horseback, or by other means of conveyance; or on foot, roads, or trails; or at hotels.
4. Force Majeure / Project Delay or Cancellation Due to Force Majeure. Various events which ABV 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 ABV 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. ABV’s only obligation in the event of any Force Majeure is to reasonably attempt to reschedule or relocate Your Placement and/or Project. If ABV 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 this contract.
5. Counterparts.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 counterparts or copies of this Agreement may be executed by one or more of the parties hereto, 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’s 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’s 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.
6. 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.
7. 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 whether individual, joint, or class in nature, 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 Philadelphia, Pennsylvania. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. All statute of limitations, prescriptive periods, estoppels, 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.
8. 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 Pennsylvania 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 Pennsylvania court or in any U.S. District Court sitting in the State of Pennsylvania (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 Philadelphia, Pennsylvania 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.
9. 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 or if underage the legal parent has read and agrees with this legal contract.
THIS AGREEMENT by and between A Broader View Volunteers Corp, whose address is 1001 Dell Lane, Wyncote PA 19095, USA, hereinafter referred to as "Volunteer Organization", and _________________________________, whose address is________________________________, hereinafter referred to as "ABV Volunteer".
Participants Signature_________________________________ Date___________________________
Parental Signature _________________________________________________________________
A Broader View Volunteers
Sarah Ehlers
President