I and my host parent, guardian (if under 18 years of age) and applicant for an Explore America Tours, program agree to the following:
My tour begins when I get off my flight,and finishes when my I am taken back to the airport at the end of the tour. I agree to release and hold harmless, Explore America Tours, its officers, shareholders, and employees, my exchange program and employees thereof, my school and chaperone from and not to sue such parties for any claims, demands, liabilities and causes of action I may have arising out of action, or connected to, personal injury, death or property damage I may suffer resulting from any cause what-so-ever, other than actual negligence of such persons. Without limiting the generality of the foregoing, I release such persons from and agree not to sue such persons for, any physical property damage which I may suffer from acts of God, strikes or government restrictions, terrorist activities, or for acts or omissions of persons or agencies not directly controlled by Explore America Tours, including without limitations, airlines, bus companies, cruise lines, railways, hotels, restaurants, attractions, shareholders and employees, my school, my exchange program and chaperone from any claims, demands, liabilities, causes of action and costs and expenses arising out of personal injury or damage that I either cause or contribute to, while participating on an Explore America Tour, program and from any financial obligations which I may incur on my own behalf. I understand that the air carrier's liability for loss or damage to baggage or property, or for death or injury to persons, is limited by their tariffs, or the Warsaw Convention, or both. I understand and agree that Explore America Tours. shall have not responsibility to or for me when I am absent from Explore America Tours, supervised activities.
I agree to abide by Explore America Tours regulations and the directions of my chaperones and Explore America Tours tour leaders during the tour. Failure to do so may result in Explore America Tours terminating me from the tour immediately. I understand that termination from a tour due to failure to adhere to regulations and directions, will result in my being returned early to my host community at my own cost. Furthermore, I understand that my exchange program and natural parents will be advised of the infringement and agree not to hold Explore America Tours responsible for actions taken by my exchange program or parents.
All participants are forbidden to possess or use any drug or alcohol, including beer and wine. I understand that a curfew will be enforced each night at which time I will be expected to be in my assigned room. I understand that to disobey such rules or directions is to waive my right to a refund of any part of the tour fee and that I will be returned to my host community at my own expense. I understand that Explore America Tours, reserves the right to make necessary changes in our itineraries, departure dates and to use substitutions as necessary . In the event of changes being made, refunds will only be given in accordance with the provisions of the booking procedures detailed in the Explore America Tours, brochure and website. In the unlikely event that Explore America Tours, is unable to conduct a planned tour, due to insufficient enrollment, Explore America Tours, reserves the right to either transfer you to a similar tour, adjust the cost of the tour program or make a refund in full for payments made to Explore America Tours.
This agreement constitutes the entire agreement between Explore America Tours, my exchange program and myself, with reference to the subject matter referred to herein and I do not rely upon promises, inducements or agreements not herein, including but not limited to any oral statements made to me by any agents or employees of Explore America Tours, Inc. or by my exchange program. This agreement may only be amended or modified in writing.
The terms and conditions set forth herein are governed by and are to be construed in accordance with the laws of the State of California. If any action at law or in equity including an action for declaratory relief, is brought to enforce or interpret any term or condition or to enforce any right and or legal remedy the other party might have against the other, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Last Modified August 26, 2012