Help on the Way : Terms of use

Print Agreement

Please read this online legal agreement carefully before using this
website.
By using this site you acknowledge that you have read and accepted the below
stated terms. You understand that this is a legally binding agreement and that use of this
site is prohibited should you not agree to the terms of this agreement. This agreement
may affect, reduce or eliminate your legal rights in certain circumstances. By checking
the appropriately designated box within this website you are hereby agreeing to the terms
and conditions set forth. If you are under 18 years of age, a parent or custodian must
agree to these terms and conditions in writing before any services are provided by Help
on the Way.
The materials and information provided in this site are provided “as is” and
without warranties of any kind either expressed or implied. Help on the Way disclaims all
warranties, expressed or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose. Help on the Way disclaims all this to
fullest extent permissible, subject and pursuant to applicable law.
By using this site to become a volunteer you acknowledge that you are requesting
permission to participate in service projects made available to you by Help on the Way
partners. You are voluntarily participating in our programs upon acceptance of your
application, payment of your non-refundable initial program fee ($250.00), and
agreement of below terms:
1. You will assume responsibility to research and secure all inoculations
against infectious diseases pertinent to your destination country or countries.
2. You will secure a passport and/or any visas necessary for foreign travel to
the service program country or countries, prior to your start date.
3. You agree to fully comply with all rules and regulations established by Help
on the Way or its partners for the conduct of its participants. Including, but
not limited to, any “Standards of Personal Conduct” agreements you are
asked to sign. It is understood you will obey the laws of the host country.
This, of course, forbids the use of illegal drugs and alcohol consumption by
minors. You are expected to always be courteous and respectful, abusive
behavior will not be tolerated. You are the guest of local people and Help on
the Way host partners.
4. If any authorized representative of Help on the Way determines in his or her
sole discretion that your conduct at any time fails to comply with our
“Standards” or discredits the status or reputation of Help on the Way, you
will withdraw from the service program/project and will return to your home
residence when directed to do so. You will do this subject to no refund. A
refund will not be provided regardless of when you are asked to leave the
program. Furthermore, you will subject to any additional expenses incurred
by pre-maturely terminating your participation in the program.
5. You agree to the cancellation and refund policy set forth.
a. The initial program fee of $250 is non-refundable. This fee represents
a financial commitment we make on your behalf in order to hold spots
within a placement. Unfortunately for this reason we make no
exceptions, the initial program fee is non-refundable.
b. The in-country program fee balance is due within 30 days of your start
date. Cancellation’s made more than 15 days from the start date are
100 % refundable minus costs incurred processing the refund. (i.e.
bank charges) Cancellation’s made within 15 days of the start date are
refundable up to 50%. Cancellation’s made within 48 hours of the
start date are not refundable.
c. Help on the Way will not make refunds requested after the start date.
Help on the Way will not make refunds for unused portions of the
Service Program or because of your inability to participate according
to the scheduled itinerary. Help on the Way is not liable for any errors
or mistakes made by partner organizations. All disputes are governed
by the state of California. In country program fees paid to our partners
or paid to Help on the Way directly are not refundable.
d. Upon availability, Help on the Way will honor all rescheduling. If you
would like to change the dates or any details concerning your
volunteer project you must do so 30 days prior to your originally
scheduled start date. Changes after this are subject to the following
penalties: Changes made within 30 days of your originally scheduled
start date are subject to a $100 fee. Changes made within 15 days of
your originally scheduled start date are subject to a $250 fee. Project
changes cannot be made within 48 hours of the originally scheduled
start date. All changes and cancellations must be made in writing, via
email or fax.
e. Help on the Way may cancel your service program at any time. Help
on the Way will refund the total amount you paid if a service
program is canceled for any reason other than an act of war, an act of
God, terrorism, or a U.S. State Department Travel Warning. If the
service program is canceled because of an act of war, an act of God, or
terrorism, you will receive a partial refund according to the standard
refund schedule. Help on the Way will do everything possible to
ensure placement of your desired project, there is always the chance
that your placement may be disrupted by an unusual event or
circumstance. If this event is serious enough to significantly affect
your placement, efforts will be made to arrange for a suitable
alternative placement at another location. Help on the Way is not
responsible for any loss, damage, expense or claim of any description
suffered as a result of changes. This includes changes made by airlines
for canceling, changing or transferring flights or any other events out
of our control.
6. You agree to and understand the additional provisions explained here as to
what is covered or not covered as a Help on the Way participant.
a. You will not be insured through Help on the Way while working on
our projects. You are responsible for obtaining your own travel
insurance and or having appropriate health insurance. You are
responsible for being familiar with you your insurance coverage and
for having a copy of your insurance card with you while you are at the
project and in the host country.
b. You acknowledge that you have been fully advised and warned by
Help on the Way that it is compulsory that you purchase both personal
travel insurance and health insurance which covers medical expenses,
emergency medical evacuations, accidental death or dismembership
and repatriation of remains for the period that you are traveling and
participating in the program. You understand that it is your
responsibility to make certain that insurance covers such costs incurred
outside your country of origin.
c. As it relates to accommodations, meals and other inclusions each
project offering varies. It is the responsibility of the volunteer to
confirm what is included in the project cost.
d. You are responsible for arranging and paying for flights to and within
your chosen country. It is your responsibility to confirm what other
transportation is included in the project costs.
7. You will fully disclose to Help on the Way all facts relating to your physical
and mental health history. If there is any change to your current physical or
mental health condition prior to your departure for the service program
location/s, you will immediately inform Help on the Way in writing of all
the facts. You understand that failure to submit accurate and complete
information about your physical and mental health history and current
condition may result in dismissal from the service program. You are now
covered, and at all times while participating in the service program will
remain covered by health insurance for illness and injury. You further
understand and agree that Help on the Way or its partners will not be
responsible for providing any medical care or hospitalization.
8. You understand that Help on the Way or its partners may deny or terminate
your participation in the service program if any authorized representative of
Help on the Way or its partners believes that your actions, behavior,
physical and/or mental health either in the past or during participation in the
service program, may jeopardize yourself, the service program or any
participants therein or otherwise create any undue burden on Help on the
Way or its partners staff and/or other participants.
9. You agree that your participation in the service program will be limited to
the period commencing on the date you agree to start and ending on the date
your participation in the service program terminates with or without notice
from Help on the Way or its partners. The termination date will be the
earlier of (i) the date on which originally agreed to end your service, or (ii)
the date on which you are dismissed from the service program, or (iii) the
date on which you return to your country of origin. You understand that you
will be deemed dismissed from the service program (i) if you are asked or
required to leave the host country assignment prematurely because of your
health or violation of the “Standards”, or if you alter/deviate from your
originally designated service and/or travel schedule, or (iii) for any other
reasons determined by Help on the Way in good faith. The termination
and/or dismissal date will not be extended unless agreed to in writing by
Help on the Way, yourself, and, if you are a minor, by your parent(s) or
legal guardian(s). You further agree to pay any additional costs or expenses
incurred by Help on the Way or its partners if you return to your country of
origin on a date other than the originally scheduled date.
10. You consent and agree to (i) the disclosure to your parent(s) and/or legal
guardian(s) and/or emergency contact person of information pertaining to
your physical and mental health during your participation in the service
program, including any assault resulting in physical harm; (ii) the disclosure
by Help on the Way of information of a personal or confidential nature
when a authorized representative of Help on the Way or its partners ,
determines that such disclosure is necessary to promote or protect your
personal health and safety; (iii) the disclosure of health information by Help
on the Way or its partners to your insurance provider for the purposes of
arranging and paying for medical treatment; and (iv) the release by any third
party to Help on the Way, its partners, and its insurance carriers of your
name and medical information that may relate to any injury you may suffer
arising from your participation in the service program.
a. You further agree to grant full permission to Help on the Way to use
your name, written or oral quotations, videotapes, motion pictures,
website images and or recordings for purposes of commercial
advertising, marketing or promotional literature and materials,
including, but not limited to, posters, brochures, handbooks and
electronic websites, without the need for further consent.
11. In consideration of the acceptance by Help on the Way of your participation
in the service program you hereby:
a. You acknowledge, fully understand and agree that travel to, from and
within the foreign country in which your program/s is/are located,
including your chosen volunteer site, school, accommodations and incountry
or in-continent excursions, have inherent risks and dangers
that you may be exposed to and possibly harmed by. Your
participation in the service program will involve activities in a foreign
country that will likely occur in remote, underdeveloped, economically
challenged and or politically sensitive areas. You acknowledge that as
a participant in any of Help on the Way’s programs you will lodge and
eat with residents in the areas previously described. As such, the
accommodations, food and sanitary conditions may be below, or
substantially below, the standard you are accustomed to in your
country of origin. You acknowledge you may be subjected to risks
and dangers that include, but are not limited to, personal injuries,
property damage, accidents involving motor vehicles, aircraft and
other forms or transportation, sickness, diseases, (including food,
water or insect borne diseases) riots, political instability, crime, acts of
terrorism, detention by government authorities or individuals,
burglary, assault, encounters with dangerous wildlife and other
hazards. You also acknowledge, fully understand and agree that if it
becomes necessary for you to receive medical services while
participating in the service program, such medical services may not be
immediately available and, where available, may not be provided at a
level equivalent to medical services in your country of origin. YOU
FULLY ASSUME ALL RISKS ASSOCIATED WITH YOUR
PARTICIPATION IN THE SERVICE PROGRAM.
b. You acknowledge and agree that by agreeing to this online legal
agreement you are releasing Help on the Way and their respective
staff, officers, trustees, directors, employees, agents, contractors, and
host country sponsors and other participants in the service program
(hereinafter individually and collectively referred to as “Released
Party”) from liability for any act, omission or negligence in connection
with or in any way related to your participation in the Service
Program.
c. YOU WAIVE, RELEASE, HOLD HARMLESS, AND PROMISE TO
INDEMNIFY AND NOT TO SUE any Released Party for in
connection with any and all loss, claims, damages, liabilities, costs
(including without limitations, attorneys fees and associated expenses),
or actions (INCLUDING, WITHOUT LIMITATION, ANY LOSS,
CLAIMS, DAMAGES, LIABILITIES, COSTS OR ACTIONS
ATTRIBUTABLE TO NEGLIGENCE OF ANY RELEASED
PARTY) in any way arising out of, connected with, or attributable to
your participation in the service program (including, without
limitation, any inoculations, general medical treatment, or emergency
medical treatment, including surgery, rendered to you in event of
need).
12. If the participant is under 18 years of age on the date in which the online
application is submitted, this agreement must be printed and must be signed
by such participant’s custodial parent(s) and/or legal guardian who agree as
follows:
a. In consideration of Help on the Way allowing my child to participate
in the service program, I hereby confirm that my child is fit for, and I
hereby consent to, my child’s participation in the service program.
b. I HEREBY WAIVE, RELEASE, HOLD HARMLESS, AND
PROMISE TO INDEMNIFY AND NOT TO SUE any Released Party
for in connection with any and all loss, claims, damages, liabilities,
costs (including without limitations, attorneys fees and associated
expenses), or actions that I or my child may allege against any
Released Party (INCLUDING, WITHOUT LIMITATION, ANY
LOSS, CLAIMS, DAMAGES, LIABILITIES, COSTS OR ACTIONS
ATTRIBUTABLE TO NEGLIGENCE OF ANY RELEASED
PARTY) in any way arising out of, connected with, or attributable to
my child’s participation in the service program (including, without
limitation, any inoculations, general medical treatment, or emergency
medical treatment, including surgery, rendered to my child in event of
need).
c. BY SIGNING THIS AGREEMENT, I, the custodial parents or legal
guardians CONFIRM THAT I HAVE READ AND UNDERSTAND
THE TERMS AND PROVISIONS OF THIS AGREEMENT,
INCLUDING THE WAIVERS AND AGREEMENTS OF MY
CHILD SET FORTH IN THE ENTIRE AGREEMENT (including, but
not limited to, those set forth in paragraph 9).
13. All adults understand and acknowledge that by reading and checking off the
designated box within the website you are in agreement with all of the
terms and conditions set forth in this online agreement. You are also
confirming that you have read and understand the terms and provisions of
this Agreement including the waivers and agreements set forth in paragraph
9.
14. This Agreement may not be modified orally, and waiver of any provision of
this Agreement will not be construed as a modification of any other
provision hereof or as a consent to any subsequent waiver or modification.
Every term and provision of this agreement is intended to be severable. If
any one or more of them is found to be unenforceable or invalid, such
finding will not affect the other terms and provisions hereof, all of which
will remain binding and enforceable. This agreement shall be binding upon
each person who has signed it and his or her respective heirs and legal
representatives. A participant who turns 18 years old after signing this
agreement and/or agreeing to its terms via online checkbox method shall
continue to be bound by the terms and provisions hereof as if he or she
executed the agreement after reaching the age of minority.
This agreement will be governed by and construed in accordance with the laws
of the state of California, and exclusive venue of any action brought hereunder
will lie in Los Angeles County, California. This Agreement may be executed
via online checkbox method, facsimile signatures, and in multiple counterparts,
all of which constitute one and the same Agreement.
_____________________ ______ ____________________ ______
Volunteer’s Name (printed) Date of Birth Volunteer’s Signature Date
_____________________ ______ ____________________ ______
Mother’s Name (printed) Date of Birth Father’s Signature Date
_____________________ ______ ____________________ ______
Father’s Name (printed) Date of Birth Father’s Signature Date
OR
_____________________ ______ ____________________ ______
Legal Guardian’s Name (printed) Date of Birth Guardian’s Signature Date
Note: If the volunteer is under 18 years of age, the volunteer and all custodial parents or legal guardians must
sign this release.

"Lending HANDS, Encouraging GROWTH, Changing LIVES"