EduKick Soccer & Language Programs

 

EduKick Policy 2006-2007

 

The undersigned parent or legal guardian (the "Parent") of the minor participant (the "Participant") and the Participant hereby agree to the terms and conditions set forth herein regarding Participant's application to and participation in any programs (the "Programs") provided by EduKick, Inc. and/or EduSport Enterprises Inc. ("EduKick").

1. Payment of Program Fees. The amount to be paid Edukick by Participant, as well as the schedule of payments, depends on the type of Program that Participant chooses to attend. A list of payment schedules is set forth below. In all cases, a deposit in US Dollars is required upon submission of this application by Participant. The deposit includes a non-refundable registration fee as described under Refund Policy in Paragraph 2 below.

A. Summer Camps, Spring Camps, and Individual Monthly Camps:

Payment 1 - A deposit of $499.00 (four hundred ninety-nine dollars)
Payment 2 - 60% (sixty percent) of Program fee balance due 60 (sixty) days prior to departure date
Payment 3 - Balance of Program fee due thirty (30) days prior to departure date

B. Team Tours and Tournaments Abroad

Payment 1 - A deposit equal to 20% (twenty percent) of Team Tours and Tournaments Abroad Program fee
Payment 2 - 60% (sixty percent) of Team Tours and Tournaments Abroad Program fee balance due 60 (sixty) days prior to departure date
Payment 3 - Balance of Team Tours and Tournaments Abroad Program fee due 30 days prior to departure date

C. Boarding School/Extended Stay Programs.

Payment 1 - A deposit equal to 15% (fifteen percent) of Program fee
Payment 2 - 60% (sixty percent) of Program fee balance due August 1, 2006
Payment 3 - Balance of Program fee due December 1, 2006

2. Refund Policy. The deposit required along with this application includes a non-refundable registration fee as set forth below:

A. Summer Camps, Spring Camps, and Individual Monthly Camps - $200.00 (two hundred dollars)

B. Team Tours and Tournaments Abroad - $500.00 (five hundred dollars)

C. Boarding School/Extended Stay Program - $500.00 (five hundred dollars)

Although non-refundable, the registration fee may be transferable to another EduKick Program in exceptional circumstances and at the sole discretion of an authorized representative of EduKick. Once EduKick finalizes a program, it makes financial commitments on participant's behalf and is obliged to secure and pay its overseas and domestic partners for many aspects of the program, including accommodations, language training, soccer/futbol training, ground transportation, excursions and any other service or component that is included in a Program. As a result, complete refunds can only be extended to Participant up to 45 (forty-five) days prior to the departure day of the Program in which Participant is enrolled.


3. Program Changes. EduKick reserves the right to make changes, cancellations or substitutions to the Program for reasons including, but not limited to, insufficient enrollment, emergency or changed conditions in a host country or other circumstances which may affect a program. If the Program is canceled 60 (sixty) days or less from the Program departure date, a full refund will be issued.


4. Program Contents/Late Arrival to Gate City. Please refer to the website at www.edukick.com for a complete description of what is included in the Program fees for each particular Program. Air transportation is not included in any of the Programs. Participant, however, will be notified in advance of the specific flight from the North American gate city to the Program host city on which Edukick provides an adult monitor or monitors (the "Edukick flight"). It is Participant's responsibility to arrive at the designated airport far enough in advance to meet the Edukick monitor(s) and board the Edukick flight. Edukick is not responsible for a late arrival of any Participant regardless of the cause. If a Participant fails to arrive on time for the Edukick flight, Edukick will make reasonable efforts to have an adult monitor wait for the Participant, secure overnight lodging at the gate city, and arrange for the next available flight to the Program host city. Parent and/or Participant agree to pay for all of Participant's expenses incurred as a result of Participant's late arrival including flight change fees, ground transportation to and from hotel and airport, overnight lodging, meals, and reimbursement of flight change fees of Edukick adult monitor.


5. Parents will be charged for any and all physical damage caused directly or indirectly by the participant. This includes the hotel room and hotel property, school property etc. and any other participants property.


6. Agreement to Abide by EduKick Policy. Parent and Participant acknowledge that each has read and understand the Policies of EduKick attached hereto as Exhibit A and incorporated herein by reference and will abide thereby. Failure to comply with the Policies of EduKick may result in disciplinary action of Participant including, but not limited to dismissal from the Program at the sole and absolute discretion of EduKick. If Participant is dismissed from a Program for failure to comply with the Policies of EduKick, Parent and Participant agree that (a) the full cost of returning home is at Parent and Participant's sole expense, and (b) Participant will not receive a refund of any Program Fees as a result of the dismissal. Parent and Participant further agree that participation in the Program may be terminated if Participant is expelled, suspended or otherwise disciplined from a partner school, or by civil authorities, or if EduKick, in its sole and absolute discretion, determines that Participant's conduct is incompatible with the interests, safety or welfare of other participants in the Program. Parent and Participant agree to indemnify EduKick if EduKick sustains any financial loss or liability as a result of the actions of Participant.


7. Hold Harmless. Parent and Participant hereby agree to indemnify and hold harmless EduKick, its officers, directors, employees, shareholders, affiliates, agents and representatives, from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys' fees) and expenses, arising out of or resulting from participation by Participant in the EduKick Program.


8. Limitation of Liability. IN NO EVENT SHALL EDUKICK BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY OTHER THAN THE INTENTIONAL MISCONDUCT OR WILLFUL MALFEASANCE OF EDUKICK. IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY TO THE PARTICIPANT UNDER CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE PARENT AND PARTICIPANT TO EDUKICK.

9. Insurance. EduKick is not responsible for events out of its control during any of its programs which include, but are not limited to, instances of theft, burglary, assault, injury, loss of property, medical emergencies or other medical needs, acts of terrorism, Acts of God, or any other risks which arise as a result of traveling abroad. Accordingly, Parent agrees to procure on behalf of Participant, personal insurance necessary to cover all costs incurred by Participant in the Program. Parent agrees to provide EduKick with evidence of said insurance 30 days prior to Participant's departure for the host country of the Program. If evidence of the necessary insurance is not provided accordingly, EduKick reserves the right to deny Participant participation in the program. Parent and Participant acknowledge that it is his/her responsibility to understand the limitations of their insurance coverage and agree that EduKick is in no way responsible for any losses not covered by the insurance policy.

EduKick does, however, purchase a limited travel health insurance policy for each applicant that attends our summer camps or monthly programs. For North Americans participants: http://www.culturalinsurance.com/ -- For all others participants: http://www.caremed-travel.com/


10. Medical Situations. Parent and Participant further understand that medical insurance is not provided for Participant by EduKick as part of its Program Fees. Medical insurance for Participant while participating in the Program is the sole and absolute responsibility of the Parent and Participant. If Participant becomes sick or injured while participating in the Program, the Participant authorizes EduKick to take such action as it considers necessary to secure appropriate treatment for Participant and/or transportation for Participant back to Participant's home. If EduKick incurs any expense on behalf of Participant as a result of a medical emergency regarding Participant, Parent and/or Participant agree to immediately reimburse EduKick for any such expense.

11. Travel Documentation. The procurement of any passport, visas or other required travel documents necessary to participate in the Program is the sole and absolute responsibility of Parent and Participant. Whether a U.S. citizen or not, participant shall hold EduKick Inc. harmless in the event Participant cannot obtain the necessary documents for participation in the EduKick Program. Participant further understands that the inability to obtain these visas and other documents does not constitute grounds for a refund or waiving of any program fees.

12. Use of Information. EduKick occasionally uses photographs of its Program Participants on its website and print marketing materials. Parent and Participant consent to use of such photographs. Participant agrees that EduKick Inc. may add participant's name and email address to an email distribution list which will be shared with other participants on an EduKick Program, unless EduKick is otherwise notified in writing.

13. Miscellaneous

(a) Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter, and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter.

(b) Governing Law. This Agreement shall be governed and construed in all respects by and in accordance with the laws of the State of Illinois.

(c) Notices. Any notices required or permitted hereunder shall be given to the appropriate party at the address specified below or at such other address as the party shall specify in writing. Such notice shall be deemed given: upon personal delivery; if sent by telephone facsimile upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.

(d) Costs of Prevailing Party. If either party brings an action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including attorneys' fees, from the other party within reason.

(e) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same Agreement.

 

 


Participant Code of Conduct


EduKick, Inc. participants are expected to respect the local people and customs of the host country in which they are visiting. Participants are subject to local laws, standards of living, and all that comes with living in a foreign country. Participants may also be subject to the rules and regulations set forth by the host institution.


1. Participant Responsibility

Participants are responsible for understanding issues related to the legal, cultural, safety, health, political, and religious issues of their host country. Participants are responsible for themselves while traveling abroad and are expected to respect local people, customs, property, laws, and all other aspects of life in the host country.


2. Security

It is not possible for EduKick, Inc or its partners to be solely responsible for the participant's security while abroad. Each participant is responsible for one's own safety and therefore should be constantly aware of their environment and the situations they put themselves in. Any activity which endangers oneself or another participant in an EduKick, Inc. program is unacceptable. A participant that knowingly and purposely engages in such behavior may be asked to leave the program with no refund at the sole discretion of EduKick, Inc.


3. Drugs, Alcohol, and Weapons

Most EduKick participants are minors, and consequently EduKick, Inc. WILL NOT tolerated any involvement, be it sales or possession, of alcohol drugs, any other illegal substances and/or weapons of any sort. Should EduKick, Inc. or its affiliated partners learn of any such activity or illegal purchases, those participants will be expelled from the EduKick program immediately and no refund will be provided.


4. Program Activity Attendance

It is essential to attend all language classes and soccer training to keep up with the group. Each participant is expected to maintain 100% attendance to all scheduled activities (including sport, classes, social activities, etc.). If deemed by EduKick, Inc. or its partners that a participant has failed to attend courses in accordance with their program requirements, EduKick Inc, at its sole discretion may dismiss the participant from the program with no refund provided.


5. Free Time

Participants should be aware that EduKick, Inc. Programs are academic and athletic in nature and that "free time" is somewhat limited. EduKick Programs are designed to be group activities and thus, we expect all participants to engage in all activities. EduKick's bilingual professional staff provides daily supervision of participants. Participants will NOT be allowed to travel apart from the group at any time without explicit permission by an EduKick staff member. Parents CANNOT provide "special permission" for participants to engage in any activity that is not part of the regular EduKick curriculum. Participants are expected to arrive in a timely matter at all times to group activities. EduKick, Inc. reserves the right to dismiss a participant that knowingly violates these rules.


6. Local Customs and Laws.

Participant understands and agrees that the program entails travel to a foreign country, with different customs, standards, laws and risks than Participant may be unaccustomed. Participant understands and acknowledges that (a) he/she may not agree with local customs and standards; (b) he/she may be arrested and/or imprisoned upon acts committed in violation of local laws; (c) there exists crime in foreign countries and that he/she may be a victim of such crime. Participant understands and accepts the above-described risks and other risks associated with travel in, to and among foreign countries. Participant understands that he/she is responsible for exercising caution and common sense at all times and agrees to release and not hold EduKick responsible for any such problems encountered while participating in an EduKick program.


7. Accommodations Policies.

Participant understands that EduKick, Inc. does not directly provide nor profit from the accommodations offered through its overseas partners or affiliates for its programs and therefore, EduKick assumes no responsibility for any issues that may arise with respect to participant's accommodation once the program has begun. Any complaints or concerns regarding accommodation must be addressed with the accommodations coordinator in the host country location for the participant's program. This includes issues relating to proximity to your program locations, the quality of the accommodations, issues relating to roommates, cleanliness or any other issue as it relates to the accommodation. According the terms of all programs provided by EduKick the program fees paid by participant include accommodation. Participant is responsible for any costs incurred for transportation between the accommodation and the program locations, including fare for buses, taxis, trains or any other transportation costs. EDUKICK does not guarantee the location of accommodations nor does it guarantee any amenities that may or may not be included in the accommodations. Participant further understands and agrees that accommodation is for the participant only and it is not possible to have friends, family or others stay with you unless you have received express written permission from EduKick Inc. and the landlord of the accommodations. Further, in light of having roommates to consider, the fact that each landlord has its own rules for their premises, and the security risks associated, entertaining guests in the accommodations is also not permitted. Like each participant, EduKick is at the mercy of the accommodations coordinator in the host country with respect to learning this information and facilitating the best option for accommodation available to each participant. MSOffice


8. Dispute Resolution Policies and Grievance Procedures.

In the event where Participant has a complaint with any part of a program, the following grievance procedures must be followed for all program locations.

(a) Participant will address all such complaints, concerns, conflicts or related problems immediately and directly with the EduKick Inc. resident or the appropriate representative of EduKick, Inc.'s partner organization on the ground in the host location. At which time, EduKick and/or its partner organization will attempt to rectify the problem by working directly with participant and by offering proposed solution (s).

(b) If EduKick Inc. or its partner organization are unable to devise a mutually-acceptable solution, participant or parent must complete an official complaint form (which can be acquired from an EduKick Inc. representative or that of its partner) and submit directly to the host representative and the Program Coordinator with whom participant enrolled for that specific program at EduKick Inc.'s headquarters in a further attempt to rectify any conflict. The complaint form will then be reviewed by the Program Coordinator who will discuss the specifics with the appropriate representative in the host country and directly with the participant. Further solutions to resolve the complaint will then be presented to the participant, one of which must be accepted by participant or parent within reason.

(c) If all proposed solutions have not rectified the problem and the participant still feels the situation, including all proposed solutions, is unreasonable, the participant or parent must notify the management at EduKick Inc.'s head office in writing and explain the full details of the situation. At this stage a decision will be made by EduKick Inc., at its sole discretion, whether a refund of any amount is warranted. All decisions made by EduKick Inc, in its sole discretion, are final.

(d) If participant leaves program host country before exhausting all grievance procedures, no refunds will be provided and no further recourse is available to participant from that point.

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