Agreement Between Participant And Friendship Ambassadors Foundation
In consideration for his/her acceptance by Friendship Ambassadors (“FAF”) in the FAF Program, each Participant shall be bound by the terms and conditions set forth in the attached and these terms and conditions shall form the Agreement between FAF and each Participant.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE MAKING ACCOMMODATION PLANS RESERVATIONS. By submitting or making your reservations, you agree to these terms and conditions. If you do not agree to these terms you may not be eligible for participation into the FAF Program.
A. Payment Terms
Accommodation Plans are limited. Reservations shall be processed on a first-come-first-served basis. Participant will be asked to confirm their bookings with a non-refundable USD $200 deposit per person upon registration in order to block space. No reservations will be confirmed before receiving the deposit, and no reservations will be complete before receiving the full payment.
Participant shall make payments according to the following schedule:
- Deposit payment: USD $200 per individual, due upon registration, or by May 15, 2013
- Final payment: the remaining balance per individual, due by June 28, 2013
The specific amount due will be included in the invoice/reservation confirmation that you will receive upon submitting your reservation.
Note: delayed payments prevent FAF from meeting payment schedules imposed by land vendors for the various services included in your accommodation plan. Failure to make timely payments will result in late fee or the release of reserved land services.
B. Cancellation by Participant
If Participant desires to cancel participation in the FAF Program for any reason, it shall provide written notice signed by the Participant no later than one (1) month prior to the beginning of the FAF Program. In the event of cancellation, if FAF is able to obtain refunds from the service providers of the FAF Program, FAF shall refund the costs to the extent of such refunds and less the following cancellation fees, which FAF shall retain:
- $200 (non-refundable deposit) if notice is post-marked more than seventy-five (75) days prior to the beginning of the FAF Program;
- 50% of the total cost if notice is post-marked more than forty-five (45) days prior to the beginning of the FAF Program;
- 75% of the total cost if notice is post-marked more than thirty (30) days prior to the beginning of the FAF Program;
- 100% of the total cost if notice is post-marked less than thirty (30) days prior to the beginning of the FAF Program.
In the event a Participant cancels, Participant may present to FAF a replacement Individual (“Substitute”) whose acceptance will be at the sole discretion of FAF. If FAF approves the Substitute, and no restrictions apply, FAF agrees to waive the cancellation fees, less an administrative fee of $50.
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 shall be made for any FAF Program services 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 provided 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 Participant at any point during the FAF program as deemed appropriate by on-site FAF staff for disruptive behavior. 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 transportation services, accommodations, meals or any other parts or all of the FAF Program are delayed, postponed, canceled or otherwise not provided, FAF’s liability is limited to the provision of such substitute or supplementary services and/or accommodations as can be secured or provided at no additional cost to 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 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., “Traveling in cooperation with 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 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 Participant involved.
In the event that transportation services, accommodations, meals or any other parts or all of the FAF Program are delayed, postponed, canceled or otherwise not provided, FAF reserves the right to provide such substitutions or supplementary services and/or accommodations 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 then 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.
Date: March 15, 2013
FRIENDSHIP AMBASSADORS FOUNDATION, INC.
299 Greenwich Ave, Greenwich, CT 06830
Tel: +001 203-542-0652
Fax: +001 203-542-0661