I (or parent or legal guardian if enrollee is under 18 or a minor under any other applicable law) have read, understand and agree to the following in exchange for enrollment on an EF Educational Tour:
1. I acknowledge and understand that my tour is operated outside of the U.S. by EF Education First International, Ltd., Switzerland, and that EF Institute for Cultural Exchange, Inc. acts only as a marketing service provider for that company.
2. EF Institute for Cultural Exchange, Inc., EF Education First International, Ltd.,
and their affiliated companies, partners, and any companies acting on their behalf, along with their officers, directors, employees, agents, and authorized representatives (collectively referred to herein as “EF”) do not own, operate, or control any entity that is to or does provide goods or services for my program, including but not limited to: hotels, houses, apartments, or other lodging facilities; tour directors; airline, vessel, bus, or other transportation companies; local ground operators; visa processing services; providers or organizers of optional excursions; or food service or entertainment provider. I acknowledge that all such persons and entities, specifically the Tour Director assigned to my tour, are independent contractors and not employees or agents of EF. As a result, EF is not responsible or liable for any injury, loss or damage to person or property, death, disease, sickness, delay or inconvenience in connection with the provision of any goods or services or arising from any negligent or willful act or failure to act of any such person or entity or of any third-party.
3. To the fullest extent permitted by law, I agree to release EF and my school, my school district, my school board, my Group Leader, and Tour Director (collectively, the “Released Parties”) from, and agree not to sue the Released Parties for, any and all claims of any nature related in any manner to my participation on an EF-sponsored tour or a Service Learning Tour, including, but not limited to, claims for negligence, breach of contract, breach of express or implied warranties, negligence or wrongful death, or any statutorily based claim. I hereby unconditionally and unequivocally waive any and all claims and demands for all damages, losses, costs and expenses of any nature whatsoever (including attorneys’ fees) on account of or arising out of any and all personal injury, death, bodily injury, mental anguish, emotional distress, or property or other damage that I may suffer from any cause whatsoever related in any way to my participation on any EF-sponsored tour or a Service Learning Tour.
4. I understand that travel in other nations is not similar to travel within the United States. Travel outside of the United States can involve inconvenience and risk, including, but not limited to: forces of nature; geographic and climatic conditions; different hygienic standards; infrastructure problems (including road maintenance, transportation delays and accommodation conditions); civil unrest; vandalism; crime; political instability; and terrorism. Medical services or facilities may not be readily available or available at all during all or part of a program and, if available, may not be equal to standards in the participant’s home country. I understand that a Service Learning Tour is a physically demanding excursion in a developing country, and I knowingly assume the risks of such an excursion. I further understand that different parts of the world present unique health, disease, and safety concerns, and I agree to review any specific risks related to my destination by visiting the U.S. Centers for Disease Control and Prevention’s Traveler’s Health website at www.cdc.gov/travel and the State Department’s International Travel website at https://travel.state.gov/en/international-travel.html
5. I acknowledge that international travel includes certain inherent risks that include but are not limited to: (i) injuries caused by other travelers or third- parties; (ii) traffic-related accidents; (iii) dangers associated with water-based activities; (iv) dangers associated with or bites from animals, insects, or pests; (v) sanitation problems; (vi) food poisoning; (vii) lack of access to or quality of medical care; (viii) difficulty in evacuation in case of a medical or other emergency; (ix) or any negligent or willful act or failure to act of any third party or for any other cause beyond the direct control of EF. I assume all risk of bodily injury, death, emotional trauma, property damage, inconvenience, and/or loss resulting from negligence or any other acts of any and all persons or entities, however caused, including, but not limited to, those risks mentioned above. It is my intention fully to assume all of the risks of travel and participation in the program and to release the Released Parties from any and all liabilities to the maximum extent permitted by law.
6. I further agree to release the Released Parties from any and all decisions to cancel, modify, or delay the tour as a result of unforeseeable events that are beyond the reasonable control of EF or which become necessary or advisable for my safety or for the quality of the tour experience.
7. I agree that this Release applies to and binds myself and my minor child enrolling on tour (if applicable) along with my personal representatives, executors, heirs, and family.
8. EF shall have no responsibility for me whatsoever when I am absent from an EF-supervised activity or for non-supervised activities, such as visits to friends or relatives or during stay-ahead/stay-behind option periods or any other optional period or activity when not escorted by a Tour Director.
9. My tour begins with the takeoff from the EF departure airport and ends upon completion of the flight back to the origination (or other arrival) airport.
10. The air carrier’s liability for loss of or damage to baggage or property, or for death or injury to person, is subject to and limited by the airlines’ contract of carriage, its tariff, the Montreal Convention or Warsaw Convention and their amendments or both.
11. EF or my Group Leader reserves the right to refuse or cancel my registration in the event my participation would negatively affect the wellbeing or satisfaction of me or my travel group or if EF or my Group Leader cannot in its sole discretion accommodate a medical or behavioral health condition. In such event, EF’s Standard Cancellation Policy as outlined in the Booking Conditions apply.
12. I agree to abide by EF’s rules and the directions of my Group Leader, my Tour Director, and EF’s personnel during my tour. Failure to do so may result in my Group Leader or EF terminating me from the tour immediately. I understand that to disobey such rules or directions is to waive the right to a refund of any part of my program price, and that my Group Leader or EF may then send me home at my own expense.
13. I agree to abide by all local laws, regulations, and governmental advisories for all locations of my tour while abroad. I understand that if I refuse to follow, abuse, or disobey those laws, even unintentionally, I waive my right to a refund of any part of the program price, and my Group Leader or EF may send me home at my own expense. I also understand that, should local authorities be involved, I will be subject to the laws of the country I am visiting.
14. If I become ill or incapacitated, EF and their employees, my Tour Director, or my Group Leader, may take any action they deem necessary for my safety and wellbeing, including notifying parents/guardians and/or securing medical treatment (at my own expense) and transporting me home. EF retains the right, in its sole discretion, to contact the traveler’s parents/guardians with regard to health issues or any matter whatsoever that relates to the traveler’s tour. These rights transcend any and all privacy regulations that may apply. In the event of a medical emergency, EF will attempt to cause appropriate treatment to be administered, and the traveler authorizes EF to do so. EF, however, makes no warranty that it will be able to cause effective (or any) emergency treatment to be administered or to be timely administered. I acknowledge that certain health events on tour may require a medical assessment prior to air travel home, and I agree to cooperate with any such requirements or process.
15. I have made the choice to travel with the teacher/Group Leader organizing my group. I understand that this choice is not the responsibility of EF. I understand that my Group Leader is able to make decisions on my behalf, including but not limited to changing the group’s requested tour or travel date, requiring that I purchase items such as the Global Travel Protection plan and optional excursions, and/or adding customary gratuities into the program cost. I understand that a Group Leader must accompany me on tour. If my Group Leader cancels or is removed for any reason, EF will ask them to assign a new Group Leader. If I cancel at this point and choose not to travel with the replacement Group Leader, I will be treated as a standard cancellation. If no replacement Group Leader can be found, I will need to cancel and EF’s Standard Cancellation Policy will apply. I may also request that EF place me with a new tour group. If EF cannot find a new tour group for me, EF’s Standard Cancellation Policy will apply.
16. If I will be age 20 or older at any time during my tour, I acknowledge that EF will conduct a criminal background check (“CBC”) as a pre-condition to travel. If such a traveler refuses to consent to the CBC, it will be deemed a cancellation and EF’s Standard Cancellation Policy will apply.
17. This Release and Agreement and EF’s Booking Conditions constitute the entire agreement between EF and me with reference to the subject matter herein, and I do not rely upon any promises, inducements, marketing materials, or agreements not herein, including, but not limited to, any oral statements made to me by any agents or employees of EF or by my school or Group Leader. This agreement may be amended or modified only in a writing, signed by EF. The waiver by EF of any provision of this agreement shall in no way affect the remaining provisions of this agreement, and this agreement shall be interpreted as if such clause or provision were not contained herein.
18. This agreement, and any and all claims, disputes, or causes of action arising out of or relating in any way to the trip, the relationship between the parties, EF literature, and/or any acts or omissions in connection with the tour program—whether sounding in contract, tort, statute, or otherwise—shall (i) be governed in all respects by the substantive laws of the Commonwealth of Massachusetts, and (ii) be resolved solely and exclusively in the courts of the Commonwealth of Massachusetts and/or the United States District Court for the District of Massachusetts.
19. For travelers in Utah only: This tour is not sponsored by any public school, public school district, or other public entity and is operated and organized by a privately owned company.
20. EF may use any film or digital likeness taken of me and any of my comments while on an EF tour as well as any project work (including, but not limited to, online learning programs offered by EF) for future publicity without compensation to me and also use my contact information for future EF promotions. I have read and agreed to the Terms of Use and Privacy Policy outlined at eftours.com/legal- notices and I consent to EF’s processing of my personal data.
21.I have read and agreed to the Terms of Use and Privacy Policy outlined at eftours. com/legal-notices, and I consent to EF’s processing of my personal data as set forth on page 19.
