| This Volunteer
Services Agreement is a legally binding contract which sets
forth all of the terms and conditions of Your agreement with
OneWorldPakistan. As part of Your application process, You
are required to verify and affirm that You have read and thoroughly
reviewed this contract and that You understand, entirely accept
and agree to be bound by all of its terms. All services and
volunteer arrangements provided by or through OneWorldPakistan
are subject to this contract and Your completion of an application
and/or corresponding payment of any fee to OneWorldPakistan
confirms your contractually binding agreement to all of the
terms and conditions of this contract. If you have any questions
regarding this contract, please email OneWorldPakistan and
we will be happy to assist you. However, this document, including
any referenced exhibits hereto, is the sole source of any
obligations and/or services to be provided by OneWorldPakistan
and therefore no oral or other communications or documents
regarding the substance of this agreement are relevant or
binding upon OneWorldPakistan. You should retain legal counsel
to assist you if you do not fully understand any provision
included in this document.
1. Definitions This
Agreement includes certain key terms that are specifically
defined in the Definitions that follow. Other defined terms
may be included in body of the Agreement. Defined terms are
indicated by a capitalized letter at the beginning of the
term and shall have the meaning and intent respectively defined
below:
- “Agreement” shall mean this
Volunteer Services Agreement between You, as the Applicant,
and OneWorldPakistan including the Term Sheet and any other
written exhibits that may be referenced herein and/or attached
to this document.
- “Applicant” shall mean the
specific person identified on the Term Sheet that enters
into this Agreement with OneWorldPakistan and may generally
be used interchangeably with “You” or “Your”
when possessively referring to You.
- “City Coordinator(s)” means
the person(s) in the Host City who organize and coordinate
Placements of Participants.
- “OWP” shall mean OneWorldPakistan
and may generally be used interchangeably with “We”
or “Us” or “Our” when possessively
referring to Us.
- “Host City” shall mean the
City in which Applicant is placed to perform volunteer services.
- “Host City Partners” shall
mean the various persons, entities and/or organizations
located within the respective Host Countries that have entered
into an arrangement, relationship and/or contractual agreement
with OWP and thereby generally agreed, subject to certain
restrictions, to accept OWP Participants and allow the Participants
to provide volunteer services in connection with Projects
being conducted within the Host City.
- “Host Family” shall mean
the people in the Host City who provide living accommodations
and meals to Participants during the Project, but may occasionally
also include a hostel or similar accommodation.
- “Participants" shall collectively
refer to persons that have volunteered services pursuant
to an agreement entered into with OWP and generally includes
the Applicant.
- “Placement” shall mean the
general process of placing Participants in a particular
services Project located within a Host City.
- “Program Fees” shall mean
the applicable fees to be paid to OWP by Applicant as identified
in the Term Sheet.
- “Project” shall mean the
specific venture and/or activity for which a Participant
is engaged and selected to provide volunteer services, as
more fully specified in the Term Sheet.
- “Project Period” shall mean
the length of time for which a Participant is scheduled
to work in the Host City in completion of the Project, as
more fully specified in the Term Sheet.
- “Project Staff” shall mean
the directors, managers, employees, representatives and/or
other agents that are responsible for or otherwise in charge
of the Project for which Applicant is providing volunteer
services hereunder.
- “Term Sheet” shall mean
the document to be included as an exhibit/addendum to this
Agreement which contains the specific terms of Applicant’s
Placement, including a description of the Project, the Project
Period, the applicable Program Fees to be paid by Applicant
and any similar information and supplemental contractual
terms and obligations specific to Applicant.
- “Volunteer Coordinators”
shall mean the respective entities and organizations located
within each Host City that generally coordinate and organize
relief and volunteer services and primarily decide which
Projects within their Host City require the volunteer services
to be provided by Participants.
2. Services Provided by OWP
2.1 Placement of Participants. In consideration
of Your payment of the Program Fees identified in the Term
Sheet and the volunteer services to be provided by You pursuant
to this Agreement, OWP agrees to arrange a volunteer Project
in a Host City for which You shall provide volunteer services
during the duration of the Project Period. Additional specific
terms of the Project and the volunteer services to be provided
by You are provided in the Term Sheet. OWP is not obligated
to perform any other services for or on behalf of You other
than those specific services identified in this Section 2.
Unless specifically provided otherwise in this Agreement,
You shall remain solely responsible for paying any and all
costs and expenses related to your participation in any Project
and/or Placement.
2.2 Placement Arrangements. OWP will review
and research Your Placement requests and attempt to reasonably
match Your personal interests or preferences with the list
of Projects made available to Us through the Volunteer Coordinators.
Since Volunteer Coordinators control all Placements and corresponding
Projects, OWP has no control over which Placements and/or
Projects are available and which Participants are actually
accepted by the Volunteer Coordinators and/or Project Staff
for a specific Project. As a result, You are required to be
flexible with regard to Placements and the specific Project
that is ultimately selected and approved.
2.2.1 Project Selection. If, after Your
arrival in the Host City, You are dissatisfied with Your
Project, OWP will likely be unable to timely find an alternative
Project for You; however, the City Coordinator will work
with You and the Volunteer Coordinator to try to resolve
any difficulties as quickly as practicable. OWP will try,
but is not obligated to find an alternative Project if You
are simply dissatisfied with the Project selected for You
and identified in the Term Sheet.
2.2.2 Placement or Project Variance.
In some cases, the actual Placement or Project may differ
slightly from the Placements and/or Projects described on
Our website or in any related literature. Also, on many
occasions, Project Staff may request that You assist with
some additional jobs or services that are related to the
assigned Project. If a Project terminates or other circumstances
require the City Coordinator to move You from one Project
to another within the same Host City, the City Coordinator
will arrange transportation from Your old Project to Your
new Project and OWP will advise You of this change as soon
as reasonably possible.
If a Project change is required before You leave for the
Host City, OWP will attempt to find an alternative Project
for You in the same Host City. If OWP is unable to confirm
an alternative Project within the same Host City or You
do not wish to accept the alternative Project selected for
You, OWP will refund to You any monies that may be due to
You pursuant to section 5 below.
2.3 City Coordinators. City Coordinators
are available in each Host City. The City Coordinator serves
as the primary contact for the You in the Host City during
the Project Period. The primary purpose of the City Coordinator
is to welcome You to the Host City and to assist You in getting
situated to complete the Project. Specifically, the City Coordinator
will, during the Project Period, assist You with: (i) arrival
in the Host City by meeting You, when possible, at the airport;
(ii) arranging for room and board in the Host City with the
Host Family or hostel; (iii) orientation for the Host City,
its culture, the Host Family, general safety precautions,
and related issues; (iv) introductions of You to the Host
Family and, when reasonably possible, the Project Staff; and
(v) offer emergency help or support if reasonably possible
and as needed. Once You are introduced to the Host Family,
the City Coordinator will periodically contact You, usually
in 2-4 day intervals, to ensure that the Project is proceeding
satisfactorily. In rare circumstances, the Project is located
a great distance form the office of the City Coordinator.
In such an event, the City Coordinator will not be available
to drive You to Your Project and will be limited to providing
You with a mode of transport to the Project.
2.4 Airport Reception. The City Coordinator
or an other representative will pick You up from the airport
in the Host City if You timely inform Us of your flight schedule,
in writing, at least one week in advance of Your arrival in
the Host City. Unfortunately, travel delays in developing
countries are a common occurrence. If, due to unforeseen circumstances,
the City Coordinator or representative fails to arrive within
three hours of Your scheduled arrival in the Host City, You
should travel to the local contact hotel (or any nearby hotel)
and call the City Coordinator. The cost of transporting You
to the airport at the conclusion of the Project Period is
solely Your responsibility and is not covered as part of the
Program Fees. If Your flight is delayed or otherwise changed,
please go to the contact hotel (or any nearby hotel), and
OWP will reimburse You for the cost of travelling to the contact
hotel (up to a maximum of GBP £ 15) upon Your furnishing
of a travel receipt to the City Coordinator.
2.5 Host Family. OWP arranges for a Host
Family to provide living accommodations and meals for You
during the Project Period. In terms of accommodations and
meals, OWP assumes no responsibility beyond arranging for
the Host Family to provide such services to You. You are solely
responsible for arranging Your own accommodations and meals,
at Your sole expense, if You arrive early or stay after the
Project Period.
2.5.1 Accommodations. Accommodations vary
among cities and regions and may also depend upon local
conditions, the specific Project, or different programs.
The accommodations will be basic to moderate but will vary
depending upon the City and location within the City. Hygienic
conditions for bathroom, toilet and related living facilities
are often below western standards and are very primitive
in many developing countries.
In most cases, the accommodations provided to You through
the Host Family will consist of a separate bedroom, a shared
lounge area, a shared bath room, and accessible toilets.
However, depending on the exact situation, You may be required
to share a bedroom in the Host Family's home with other
Participants.
Any accommodations provided as part of a Placement are intended
solely for use by Participants. No visitors of any Participant
are permitted to make any use of any accommodations or meals
provided by the Host Family.
If You choose to spend time away from the accommodations
provided during the Project Period, such as on an overnight
trip that You organize, You do so at Your own cost and neither
OWP nor the Host Family will refund or reimburse You for
accommodation costs incurred by You during time spent away
from the Host Family.
2.5.2 Meals. Through the Host Family,
You are provided local foods, two to three times per day,
for each day during the Project Period. The Host Family
typically serves a family meal for all to eat and does not
serve separate meals for You and/or each individual Participant.
In certain circumstances, You may wish to supplement the
provided meals with food purchased by You, particularly
if You prefer a western diet. In such cases, You may wish
to account for this contingency in Your personal finances
and budget. Upon request, the Host Family will also provide
boiled water for drinking and brushing teeth. The Host Family
does not provide any mineral water, special diets or other
beverage types. If You have a special or unique diet, You
may contact the City Coordinator and request assistance
and the City Coordinator may attempt to assist You but neither
OWP nor the Host Family has any obligation to assist You
with special dietary needs. If You require any additional
dietary or other supplements to the meals provided through
the Host Family, You must make such arrangements as You
deem necessary at Your own personal expense. All meals provided
during the Project Period are provided exclusively through
the Host Family so You are solely responsible for all meals
while away from the Host Family. No refund or other reimbursement
is available if You decide to spend time away from the Host
Family during the Project Period.
2.6 Travel Insurance. OWP offers comprehensive
insurance to its Participants with coverage available during
the entire duration of the Project Period. Please contact
Us for details of benefits of the insurance. If You desire
to extend insurance coverage before or after the duration
of your Project Period, You must first contact OWP and pay
the additional insurance premiums before You leave for Your
Project.
3. Responsibilities of Applicant
3.1 Payment of Program Fees. In consideration
for OWP’s services in planning and arranging Your Placement
and/or Program, You hereby agree to timely pay to OWP all
of the Program Fees listed in the Term Sheet, as more particularly
provided therein.
3.2 Placements and Projects. You hereby
agree to be open and flexible in accepting Placements and/or
Projects within the Host City You have indicated as Your preference
and You agree, understand and acknowledge that OWP has relied
upon Your agreement to be flexible in accepting Your Placement
and/or Project. If, prior to Your arrival in the Host City,
You are dissatisfied with the Placement and/or Project selected
for You, OWP reserves the right to seek an alternative Placement
and/or Project on Your behalf no extra charge to You. If You
are still not satisfied with the alternative Placement and/or
Project that has been selected, You are entitled to cancel
this Agreement and to refund of any Program Fees that may
be refundable pursuant to Section 5 below.
3.2.1 Developing Countries. Developing
countries obviously have great needs but very limited resources.
As a result, You hereby agree that Placements and Projects
in developing countries can not and shall not be held to
the same standards as similar Placements and Projects in
developed nations. You agree that that You shall not request
any Placement and/or Project in a Host City unless You have
a thorough understanding of what to expect as far as accommodations,
meals and likely Project challenges.
3.3 Applicant Information. You hereby authorize
OWP to collect and retain personal information about You in
connection with Your application with Us and You agree to
provide additional information about You as requested by OWP.
Such information to be collected and considered by OWP in
reviewing Your application includes, but is not limited to,
references, employment history, health history and medical
information, social security and driver’s license numbers,
current and previous mailing addresses, criminal background
check and family members. You agree, understand and acknowledge
that OWP may use Your personal information in company promotion
materials (newsletter) or share Your personal information
with the Project Staff, Volunteer Coordinators, Host Family
and similar persons or entities in connection with possible
Placements and/or Projects for You. If OWP should determine,
in its sole discretion, that You are unsuitable for any Placement,
You agree that OWP may terminate Your application request
by notifying You of the termination. Upon any such termination,
You agree that You are only entitled to any refunds that may
be specifically required pursuant to section 5 below.
3.4 Performance of Volunteer Services for
Project. For the entire duration of the Project Period, You
hereby agree that You shall provide voluntary employment services
in connection with the Project, as requested and directed
from time-to-time by the Project Staff. You hereby agree to
join Your Project on the correct date and to continue work
on the Project throughout the duration of the Project Period.
3.5 Respect and Adhere to Local Culture,
Customs, and Laws. Asia is a land of cultural wonders and
these countries therein cherish and staunchly protect their
traditional cultures, where values, thinking, dressing, and
daily activities are very different from western culture.
It is Your responsibility to understand and follow the local
culture, customs and laws during Your entire stay in the Host
City. You agree to dress appropriately, respecting the culture
of your Host City and Host Family.
3.6 Project Rules and Requirements. In
addition to the contractual requirements imposed upon You
in this Agreement and the applicable laws of the Host City,
You are required to follow and adhere to any specific rules
and/or requirements established by the Volunteer Coordinators
for the applicable Host City and any rules and/or requirements
applicable to the specific Project. Please contact Us if You
are concerned about any rules and/or regulations of Volunteer
Coordinators and/or Project Staff or if You wish to read any
such rules and/or regulations prior to executing this Agreement.
3.7 Contacting the City Coordinator. You
are required to contact the City Coordinator and inform him
or her of Your arrival and provide a carbon copy of such contact
to Us. You are required to ensure that the City Coordinator
acknowledges and responds to Your message.
3.8 Developing Countries. Due to the fact
that developing countries are poor and generally limited to
primitive goods, services and resources, You agree, understand
and acknowledge that You will not be provided and shall not
expect to receive luxurious or superior accommodations and/or
meals during the Project Period in a Host City that is a developing
or poor City. You further agree, understand and acknowledge
that the living accommodations and meals in such developing
countries will be minimal and basic.
3.9 Contact Information. You agree that
it shall be Your sole responsibility to retain and carry with
You any and all necessary contact information, including the
address and telephone number of the contact hotel and the
City Coordinator so that You may contact them in the event
any need should arise.
3.10 Responsibility for Program Acceptance.
You agree that it is ultimately Your responsibility to make
sure that the assigned Project is the best Project for You
and Your needs.
3.11 Additional Information. You are responsible
for contacting OWP prior to accepting a Project and/or leaving
for a Host City to request from OWP any additional Project
or Host Family information that You may need before accepting
a Project and/or leaving for Your Project.
You also agree, understand and acknowledge that You are solely
responsible for thoroughly researching Pakistan & the
Host City and Project selected for You, including contacting
other Participants who have already worked in a particular
Host City or Project, to satisfy any and all of Your information
needs before You pay the applicable Program Fees.
3.12 Compliance with Host Family Rules.
You agree to respect the culture and follow the rules of the
Host Family. Host Families in developing countries can be
very sensitive to cultural differences and it is Your responsibility
to discuss cultural issues with the City Coordinator and/or
Host Family.
3.13 Visitors. If You would like to bring
a friend for a night or brief visit, You must first get permission
from the Host Family.
3.14 Valuables. You agree and acknowledge
that You will not leave any valuable belongings unattended
or in any room without a lock and that OWP is not responsible,
under any circumstances, for any damaged, lost or stolen items.
3.15 Personal Care. You agree that it is
Your responsibility to clean Your own room, clothes, and personal
use items during the Project Period and to bring any necessary
sleeping bags or other accessories needed for personal use
during Your stay with the Host Family. You further agree that
You may not and will not use any personal belongings of the
Host Family such as TV, telephone, AC or any other facilities
without prior permission. For any such use, You agree to separately
pay for these products and services and acknowledge that the
Program Fees fee do not cover any such items.
3.16 Responsibility for Travel. You agree,
understand and acknowledge that You will be solely responsible
for arranging and paying for Your own travel, specifically
including all airfare to and from the Host City and local
transportation. It is Your responsibility to carry all necessary
documents while you travel overseas. You agree that OWP shall
not be responsible for any supporting documents necessary
for Your travel needs or other purposes. You agree that OWP
is not responsible for any airfare or for any other charges
that may result from canceling, changing or transferring flights
or other arrangements which may result or occur as a result
of Your Placement and/or Project being revised, cancelled,
terminated or otherwise modified due to Force Majeure and/or
any event and/or circumstances outside OWP’s control.
OWP does not cover any of Your travel to Our local contact
office. Program Fees only covers transportation on arrival
from airport to Host Family and daily transport to Project
site.
3.17 Personal Expenses. You agree, understand
and acknowledge that You are solely responsible for all of
Your personal expenses during your Placement, which includes
but is not limited to the cost of transportation if any.
3.18 Insurance. You are solely responsible
for evaluating and determining the type, extent and levels
of any insurance coverage You may need or desire during the
Project Period, including, without limitation, coverage for:
light work; the cost of cancellation of the Placement by You;
the cost of assistance including repatriation in the event
of accident or illness; legal liability and expenses; lost
baggage; cancelled flights; medical expenses; kidnapping;
liability arising due to personal injury to You or a third
party; and cancellation of your Placement for any other reason.
In addition, You agree, understand and acknowledge that You
are solely responsible for reviewing the travel insurance
provided by OWP pursuant to subsection 2.6 above and determining
whether such coverage adequately and appropriately serves
Your needs. If You determine that the travel insurance provided
through OWP is insufficient to accommodate Your insurance
needs, You are solely responsible for arranging and paying
for suitable additional insurance coverage. You are also solely
responsible for maintaining any necessary insurance documents
with You as may be needed to prove any insurance coverage
available to You.
3.19 Prohibition Against Direct Contact.
You agree, understand and acknowledge that OWP has invested
considerable resources in securing Your Placement and/or Project.
As a consequence, You agree that You shall not directly contact
any Project Staff, Volunteer Coordinator, school or any other
similar contact or resource provided or otherwise disclosed
to You by OWP and You agree that You shall not, under any
circumstances, directly enter into any services arrangement
with any such person or entity without OWP’s prior written
approval that conflicts with any of Your obligations hereunder
to OWP. In the event of any breach by You of this subsection
3.19, You agree that You shall remain fully obligated to pay
OWP for all Program Fees provided in the Term Sheet and You
also automatically waive and forfeit any and all rights to
reimbursement provided in section 5 of the Agreement.
3.20 Personal Liability. You agree that
You are and shall remain personally and solely liable for
Your conduct, actions and/or omissions within Pakistan and
the Host City, including, without limitation, any damages
You and/or Your guests may cause: (i) to the Host Family and/or
accommodations provided by the Host Family; (ii) to the Project
Staff and/or the Project; and (iii) any person or property
located within the Host City.
3.21 Project Facilities. You agree that
You shall not make any personal use of any Project facilities
(for example, a school’s swimming pool or sports facilities)
without the prior consent of the Project Staff.
3.22 Passports. You agree that You are solely
responsible for ensuring that You have and maintain a valid
passport that is acceptable to the immigration authorities
of Pakistan and which will remain valid for the duration of
the Project Period and for a period of at least 3 months after
the termination of the Project Period.
3.23 Responsibility for Immunizations and
Medical Conditions. You agree that it is and shall remain
Your sole responsibility to ensure that You have taken appropriate
medical advice from your doctor with respect to Pakistan where
you will be working, and that you have received all of the
appropriate inoculations, immunizations and medical treatments
with respect to Pakistan where You will be placed within the
appropriate period of time prior to Your arrival in Pakistan.
In addition, You agree that you are solely responsible for
bringing with You and maintaining any necessary/recommended
medications or medical equipment (such as syringes, water
sterilization tablets, mosquito netting and malaria tablets).
You also agree to take reasonable steps to keep Yourself in
good health by taking any such medications and not taking
part in any high risk activities during your Placement which
could compromise Your health.
3.23.1 Medical Disclosures. You agree
that You will fully disclosed to Us any and all medical
conditions and health issues that are relevant to Your Placement
before departure and Your work on any Project. You agree
that if You provide any incorrect or false information to
us, You will be solely responsible for any results and/or
legal consequences under the laws of the respective Host
City and/or the United States. If You have given any incorrect
or false information about Your medical or mental health
conditions, You will be removed from the program immediately
and You agree that You automatically waive and forfeit any
right to any reimbursements otherwise payable pursuant to
section 5 hereof.
3.23.2 Special Medical Needs. If You have
any special medical needs or conditions or if You need special
help, You agree to inform Us in writing, at least sixty
days prior to Your departure for the Host City. Medical
facilities are limited in developing countries so You are
solely responsible for verifying that any medical treatments
and/or facilities that You need or anticipated needing to
accommodate Your medical needs are available in the Host
City near the location of Your Project.
3.24 Food and Water in Developing Countries.
Water and food safety and sanitation in developing countries
is not nearly as regulated in developing countries as it is
in developed countries. As a consequence, tap water and local
foods from smaller restaurants and food vendors is much more
likely to be polluted, contaminated or contain impurities
that could be harmful if digested. For theses reasons, You
agree that You are solely responsible for avoiding the consumption
of tap water and avoiding foods from roadside vendors and/or
cheap restaurants. Any consumption of tap water, without boiling
it first, or eating foods from roadside vendors or similar
sources may result in diarrhoea or more serious ailments.
OWP takes no responsibility for this.
3.25 Travel Advisories. It is Your sole
responsibility to investigate and adhere to any travel warnings
from Your governmental agencies. You agree that OWP shall
bear no obligation or responsibility whatsoever for any liability
resulting from Your failure to follow any travel advisories.
You hereby agree that You are solely responsible and do hereby
assume all personal risks of traveling to and working in any
Host City.
3.26 Visas. In all cases, a visa is required
for entering Pakistan to provide volunteer services. You agree,
understand and acknowledge that You are solely responsible
for arranging, obtaining and/or extending Your visa, including
payment of any and all fees associated with Your visa. Participants
receiving such assistance from OWP shall immediately pay any
and all processing fees associated with the visa.
3.26.1 Visa Restrictions. You acknowledge
that many countries unfortunately do not offer visas specifically
for volunteers and work permits are often very difficult
or impossible to obtain. Accordingly, many volunteers choose
to enter certain Countries on a tourist visa. You acknowledge
that, technically, You may not be authorized to work in
that Country on a tourist visa, either with or without pay,
but it may be the only way that You are allowed into the
Host City and many Host Countries are tolerant of volunteers
who are present on tourist visas. However, there is no guarantee
that this will remain the position in Pakistan and You therefore
agree, understand and acknowledge that there is a risk that
You could have problems with local immigration authorities,
particularly if You are offered and accept any form of payment
for Your volunteer services. You agree that You are solely
responsible for ensuring that You have obtained a visa that
is appropriate for You in the circumstances explained above
and for the costs of obtaining such a visa.
3.26.2 Visa Complications. In the event
that Your Placement has to be cancelled or significantly
curtailed due to the immigration authorities not accepting
Your visa as adequate in the circumstances set out above,
We will use reasonable efforts to try to resolve the issue
for you. If We are unable to resolve the situation, You
agree that You shall remain solely responsible for all costs
of Your return transportation from Your original Placement.
3.27 Prohibited Activities. You agree that
You shall not engage in any missionary activities, criminal
activities, illegal drug use or trafficking, interactions
with terrorist groups, or any political activities. You agree
that You will not travel alone after dark or engage in any
other reckless or negligent conduct that could impact your
welfare or safety such as alcohol abuse or ingesting any other
drugs. You further agree that You will not swim in any open
rivers or the sea or travel alone in dense forest or isolated
areas where you may get lost. You agree that You will not
smoke inside any Project facility or any Host Family premises.
Failure to obey any of the above conditions will lead to immediate
cancellation of your involvement in the Project and removal
from the Host Family premises and You hereby forfeit and waive
any rights to any reimbursement that may otherwise be provided
in section 5 hereof.
3.28 Resolution of Complaints. It is Your
responsibility to first try to resolve any complaints through
the Host Family, Project Staff or the City Coordinator before
contacting OWP. However, if the problem is considered serious,
You shall contact OWP immediately. OWP will promptly contact
the City Coordinator and any other parties involved in resolution
of the issue.
3.29 For the general complaints you agree
to follow the following complaints management steps:
Submit Written Complaints: All complaints that
are submitted to OWP must be submitted in writing and signed
by You, which shall be deemed to constitute a representation
by You that all statements contained in the complaint are
true and correct. OWP does not accept complaints submitted
by emails. While submitting complaints You agree not to
complaints about the limitations of OWP program and services
we never promised (our services, limitation of programs,
and your responsibilities are explicitly given in many sub
sections of terms and conditions)
City Coordinator’s reply: Once we receive
your written signed complaints, OWP will forward it to City
coordinator for response. OWP also collect information to
verify your complaints from project staffs (where you worked),
host family, project coordinator, and relevant witnesses.
Verification and Decision: Up on collection of
all information about your complaints from host City, OWP
fairly analyze your complaints and make a decision. While
making verification, we carefully analyze the facts, our
promised services, and if you violated the terms and conditions
Refund: If OWP concluded that we failed to offer
the promised services, we will give partial refund deducting
the actual cost incurred on you. However, no refund will
be made if we found your complaints in not true, biased,
fabricated, or you consistently ignore coordinators warning
or violates terms and conditions or ignore limitation of
our program (outlined in many subsections of our terms and
conditions)
Time Period: completion of all complaints verification,
analysis, decision, and refund (if necessary) generally
takes 1- 2 months.
4. Program Fees and Application Procedure
4.1 Payment of Program Fees. In consideration
for OWP’s services in planning and arranging a Placement
and Program for You, You agree that You shall timely pay to
OWP all of the Program Fees listed in the Term Sheet.
4.2 Nonrefundable Deposit. Upon completion
of Your initial application form, You shall pay a nonrefundable
deposit to OWP in the amount of GBP £ 150.00, which
represents a portion of your Program Fees. The payment of
the deposit to OWP shall be, in all cases, nonrefundable.
4.3 Application Procedures. Upon receipt
of Your initial application and deposit, We will send You
a welcome pack, which includes confirmation of Your initial
application form and a Term Sheet, which includes a schedule
identifying the details of the deposit that You have paid
Us and the deadline for Your payment to Us of the remaining
balance of the Program Fees. Pursuant to the instructions
included in the welcome pack, You must then complete the online
Application Form 2 and the Travel Arrangements Form in full
by the specified date. We will begin to arrange Your Placement
once You have fully completed the Application Form 2. You
will be advised of Your confirmed Placement and Project as
soon as reasonably possible.
4.4 Payment of Balance of Program Fees.
You hereby agree to pay to Us the remaining balance of the
Program Fees at least 40 days prior to Your scheduled arrival
date of Your Placement, or at the time of application if you
apply in less than 40 days from the proposed start date.
4.5 Confirmation of Placement. We will provide
You with the final details of Your Placement not less than
7 days before your Placement start date. We cannot and do
not guarantee the complete accuracy of the final details of
Your Placement since the City Coordinator and/or Project Staff
is responsible for Your placement may occasionally make minor
changes to these details prior to Your arrival. We aim to
keep you updated as reasonably possible.
4.6 Requested Revisions. If You wish to
revise Your Placement and/or Project after it has been confirmed
by OWP, We will use reasonable efforts to make the requested
changes, provided We receive Your requested revisions in writing
and there is sufficient time to do so. The minimum notice
We require in order to make a requested revision is 90 days
prior to Placement start date. If You accept the revisions
We offer in response to Your request, You agree to immediately
pay a minimum charge of GBP £40.00 to cover the costs
incurred by Us in connection with any requested revision to
Your Placement or Project. No revisions will be implemented
without advance payment of the specified fee. However, any
revision that You request to a Placement or Project that is
scheduled to start in less than 90 days from the date of Our
receipt of Your requested revisions will be subject to a revision
fee of GBP £60.00.
4.7 Completion of Application. We reserve
the right to postpone Your arrival date at Your Placement
if You do not complete all of the required forms and timely
pay to Us the total remaining balance owed by You in connection
with the Program Fees. The final deadline for receipt of Your
completed application form, including this Agreement, and
full payment of the Program Fees is 28 days before Your scheduled
arrival date at Your Placement.
5. Cancellation and Refund Policy
5.1 Refund Policy and Considerations. Compared
to similar companies that provide comparable comprehensive
volunteer service opportunities, OWP’s Program Fees
are significantly less than the fees charged by other such
companies and Participants are encouraged to compare OWP’s
Program Fees to the fees charged by other similar programs.
As a consequence, OWP operates on a much smaller profit margin
and is therefore unable to provide and does not provide an
open refund policy. It is solely Your decision to join our
Program and no Applicant should participate in Our Programs
if the Applicant feels that he or she is paying more for the
services than Applicant will be receiving from Our Program.
OWP commits significant resources to arranging each Placement
and Project. In most Host Countries, payments to Volunteer
Coordinators, City Coordinators, Project Staff and/or the
Host Family are made well in advance to pay for their commitments
and services. OWP is unable to recover these advance payments
so OWP is required to adopt and enforce a strict policy against
refunds, except as otherwise specifically provided in subsection
5.2 below.
5.2 Refund Restrictions. Your payment of
the GBP £ 150.00 deposit to OWP pursuant to subsection
4.2 is strictly non-refundable under any and all circumstances.
5.2.1 Cancellation 50 or More Days from
Start of Project. If You notify OWP in writing of a requested
cancellation of a Project fifty (50) or more calendar days
from the start of the Project Period, as set forth in the
Term Sheet, OWP agrees to refund to You seventy-five percent
(75%) of the total Program Fee, excluding the nonrefundable
deposit fee of GBP £ 150.00 and any applicable bank
charges.
5.2.2 Cancellation 30 to 49 Days from
Start of Project. If You notify OWP in writing of a requested
cancellation of a Project 30 to 49 calendar days from the
start of the Project Period, as set forth in the Term Sheet,
OWP agrees to refund to You sixty-five percent (65%) of
the total Program Fee, excluding the nonrefundable deposit
fee of GBP £ 150.00 and any applicable bank charges.
5.2.3 Cancellation 15 to 29 Days from
Start of Project. If You notify OWP in writing of a requested
cancellation of a Project 15 to 29 calendar days from the
start of the Project Period, as set forth in the Term Sheet,
OWP agrees to refund to You fifty percent (50%) of the total
Program Fee, excluding the nonrefundable application fee
of GBP £ 150.00 and any applicable bank charges.
5.2.4 Cancellation 14 or Less Days from
Start of Project. If You notify OWP in writing of a requested
cancellation of a Project 14 or less calendar days from
the start of the Project Period, as set forth in the Term
Sheet, OWP agrees to refund to You twenty-five percent (25%)
of the total Program Fee, excluding the nonrefundable application
fee of GBP £ 150.00 and any applicable bank charges.
5.2.5 Cancellation On or After Start of
Project Period. If You notify OWP of a requested cancellation
of a Project on or after the start of the Project Period,
no refund whatsoever will be made to You under any conditions
or for any reasons.
5.3 Cancellation of Project by OWP. If OWP
cancels a Project before the start of the Project Period,
OWP will provide You a full refund of the applicable Program
Fees. If OWP cancels a Project after the start of the Project
Period because of a sudden outbreak of disease, political
instability, natural disaster or similar condition beyond
Our control, OWP will refund to You a portion of the Program
Fees based upon the remaining weeks in the Project Period
as further explained in the Term Sheet.
5.4 Payment of Refunds. Any refunds payable
hereunder by OWP will be made to You within ninety (90) days
from confirmation of cancellation.
6. Termination of Agreement
6.1 Immediate Termination of Agreement by
OWP. OWP reserves the right to immediately terminate this
Agreement by giving You written notice of termination if any
of the following events occur: (i) OWP discovers that You
are involved in any illegal activities or convicted of any
criminal activities before or during the Project Period; (ii)
Your behavior, actions and/or conduct is deemed threatening
or unacceptable offensive in the judgment of the Project Staff
and/or the City Coordinator or otherwise causes fear or distress
to any member or guest of the Host Family or anyone else involved
in the Project; or (iii) you provide to OWP incorrect or false
information about Your medical or mental health conditions.
Any such termination pursuant to this subsection 6.1 shall
be effective from the date of notice of termination and You
agree that You shall not be entitled to any refund whatsoever.
6.2 Termination After Notice and Cure Opportunity.
OWP reserves the right to terminate this Agreement by giving
You written notice of termination if any of the following
events occur: (i) the Project Staff and/or our City Coordinator
feel that You are not fulfilling Your responsibilities and
duties under this Agreement; (ii) You refuse to accept and
perform Your volunteer services under this Agreement; or (iii)
You violate any term of this Agreement. In the event OWP elects
to terminate this Agreement for any of the grounds provided
in this subsection 6.2 above, OWP will first give You written
notice identifying the violation alleged by OWP and You will
have ten (10) days from notice to remedy the alleged violation.
If You fail to remedy the alleged violation within the specified
cure period, OWP may proceed to terminate this Agreement by
giving You written notice of termination. No refunds whatsoever
shall be recoverable or payable to You in the event of any
termination of this Agreement pursuant to this subsection
6.2.
6.3 Effect of Termination. In the event
of any termination hereunder, You shall be required to immediately
leave and vacate the Host Family premises and the Project
premises. If you fail to immediately vacate and avoid the
Host Family premises and/or Project premises, appropriate
legal action may be initiated against You as is necessary
to compel Your compliance. In all events, OWP shall bear no
responsibility or liability for any termination hereunder
and You are solely responsible for any costs of return travel,
meals and/or alternative living arrangements.
7. Releases and Waiver of Liabilities
7.1 Assumption of Personal Risks. YOU HEREBY
AGREE, UNDERSTAND AND ACKNOWLEDGE THAT YOUR AGREEMENT TO TRAVEL
TO, TEMPORARILY LIVE IN AND PROVIDE VOLUNTEER SERVICES ON
A PROJECT IN PAKISTAN NECESSARILY INVOLVES A CERTAIN DEGREE
OF HAZARDS, INHERENTLY DANGEROUS ACTIVITIES AND PERSONAL RISKS
TO YOU, BOTH FORESEEN AND UNFORESEEN, ALL OF WHICH ARE FULLY
ACCEPTED BY AND SOLELY ASSUMED BY YOU. IN ADDITION, YOU HEREBY
FULLY AND PERMANENTLY RELEASE AND FOREVER DISCHARGE OWP FROM
ANY AND ALL LIABILITY FOR YOUR PERSONAL INJURY, EMOTIONAL
INJURY, ILLNESS, DISEASE, DEATH, AND/OR PROPERTY DAMAGE THAT
MAY RESULT OR OCCUR DURING YOUR PLACEMENT AND/OR THE PROJECT
PERIOD.
7.2 Release and Waivers in Favour of OWP.
YOU HEREBY FULLY, PERMANENTLY AND IRREVOCABLY RELEASE, FOREVER
DISCHARGE AND AGREE NOT TO SUE OWP, INCLUDING ANY AND ALL
OF ITS SUCCESSORS AND ASSIGNS, ITS AGENTS, MANAGERS, PARTICIPANTS,
APPLICANTS, MEMBERS, EMPLOYEES, OFFICERS OR REPRESENTATIVES,
AND ANY CITY COORDINATORS, VOLUNTEER COORDINATORS, HOST FAMILIES
OR OTHER PERSONS, ENTITIES, PARTIES, ORGANIZATIONS OR AGENCIES
COLLABORATING WITH OWP (COLLECTIVELY “RELEASED PARTIES”),
VOLUNTARILY AND WITHOUT DURESS, FROM ANY AND ALL ACTIONS,
SUITS, LIABILITY, CLAIMS, DEMANDS, LOSSES, COSTS AND/OR CAUSES
OF ACTION FOR DAMAGES OR OTHER LEGAL OR EQUITABLE RELIEF OF
ANY NATURE INCLUDING, WITHOUT LIMITATION, CLAIMS FOR PERSONAL
INJURY, EMOTIONAL INJURY, ILLNESS, DISEASE, DEATH, PROPERTY
DAMAGE OR OTHER LOSSES, EXPENSES AND/OR DAMAGES (COLLECTIVELY
“CLAIMS”), WHICH MAY HEREAFTER ARISE FROM ANY
CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT ARISING
FROM YOUR PARTICIPATION IN ANY PROJECT OR PLACEMENT AND/OR
ANY PROJECT, ACTIVITY OR EVENT SPONSORED, MANAGED, ARRANGED,
OR PROMOTED BY, OR OTHERWISE AFFILIATED OR ASSOCIATED WITH
OWP, WHETHER OR NOT FORESEEABLE OR CONTRIBUTED TO BY THE NEGLIGENT
ACTS OR OMISSIONS OF OWP OR OTHERS.
7.3 Acknowledgment. You agree, understand
and acknowledge that Your release and waivers in this section
7 in favour of the Released Parties effectively releases and
discharges the Released Parties from any liability or claim
that You may have against the Released Parties with respect
to any Claims that may result from Your participation in any
Placement and/or Project. You also agree, understand and acknowledge
that OWP does not assume any responsibility or obligation
to provide financial assistance or other assistance, including,
but not limited to, medical, health, or disability insurance,
in the event of injury, illness, death, or property damage.
You agree, understand and acknowledge that You are solely
responsible for Your own safety and health care needs and
for the protection of Your property.
7.4 Insurance. You agree, understand and
acknowledge that OWP does not carry or maintain any health,
medical, disability, damage or other liability insurance coverage
for Your benefit or for any other Participants, and You hereby
expressly release OWP from any responsibility or obligation
to do so. You agree, understand and acknowledge that OWP strongly
recommends that You obtain and maintain suitable insurance
coverage on Your behalf during the Project Period and that
You are solely responsible for obtaining and maintaining such
insurance.
7.5 Medical Treatment. You also hereby release
and forever discharge the Released Parties from any and all
Claims whatsoever that may arise on account of any first aid
or other medical treatment rendered during Your participation
in any Project or Placement and/or any other project, activity
or event sponsored, managed, arranged, or promoted by, or
otherwise affiliated or associated with OWP.
7.6 Waiver of Special or Punitive Damages.
NEITHER PARTY TO THIS AGREEMENT, NOR ANY RELEASED PARTIES,
SHALL BE LIABLE TO EACH OTHER FOR ANY SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF SAID PARTY HAS BEEN
ADVISED OF THE RISK OR POSSIBILITY OF SUCH DAMAGES, AND EACH
PARTY HERETO EXPRESSLY WAIVES ANY AND ALL RIGHTS TO ASSERT
OR RECOVER ANY SUCH DAMAGES FROM ONE ANOTHER.
7.7 Extent of Releases and Waivers. You
hereby agree, understand and acknowledge that the releases
and waivers given by You in this Section 7 are intended by
You and OWP to be as broad and as inclusive as permitted by
law.
8. Additional Representations and Warranties
8.1 Volunteer Services. You agree, understand
and acknowledge that Your agreement to provide volunteer services
in connection with Your Placement is an important condition
of this Agreement and therefore You agree that the services
We provide are not comparable to or to be treated as an alternative
to any travel program. The opportunity to explore different
cultures, customs, religions, languages and nature exists,
but it only exists as a component of Your obligations to work
as a volunteer in a Host City.
8.2 Majority Age and Contractual Capacity.
You represent and warrant to Us that You are of majority age
of eighteen years of age or older and that You have full and
complete capacity and authority to bind Yourself to this Agreement.
8.3 Photographic Assignment and Release.
You hereby grant and convey unto OWP all rights, title, and
interest in and to any and all photographic images and video
or audio recordings that may include images and/or recordings
of You and made by or on behalf of OWP or made with Our consent,
in connection with Your participation in any Project or Placement
arranged through OWP and/or any Project, activity or event
sponsored, managed, arranged, or promoted by, or otherwise
affiliated or associated with OWP, including, but not limited
to, any royalties, proceeds, or other benefits derived from
such photographs or recordings. Your consent to such use by
OWP includes mention of Your name, age, town/city/City/area
of residence.
8.4 Project Work. You understand, agree
and acknowledge that all work and details of the volunteer
services to be provided by You in connection with the Project
are governed solely by the Project Staff and OWP has no control
or responsibility with regard to Your work on the Project
and We do not cannot guarantee Your level, extent or amount
of work.
8.5 Physical and Mental Health. You represent
and warrant that You are in sufficient physical and mental
health to participate in the Placement and Project selected
for You and do not have any physical or mental conditions
which could impair Your ability to participate in any Placement
or Project.
8.6 Developing Countries. You represent
and warrant that You agree, understand and acknowledge that
working in developing countries not only offers opportunities
for great adventure and cross-cultural immersion, but it also
carries the corresponding limitations of developing countries.
These limitations include, but are not limited to, poverty;
poorer quality of food and water, poorer living accommodations,
limited and less sophisticated medical services, limited or
no democratic freedoms, limited or non-existent personal comforts
such as air-conditioning, less stable governments, limited
communication and transportation facilities; terrorist activities,
higher criminal rates, beggars; and wide-ranging cultural
differences that may affect Your stay in many ways. These
are the realities of developing countries and You acknowledge
and assume the task and risks of accepting these and other
similar limitations during Your stay within a developing City.
In addition to the foregoing, You agree, understand and acknowledge:
8.6.1 Reduced Safety Standards. Safety
standards in most Asian, African, and Latin American countries
generally do not meet the standards in the United Kingdom
or other developed countries. Various risks exist in many
areas of travel: by raft, canoe, boat, bicycle, train, plane,
automobile, horseback, or by other means of conveyance;
or on foot, roads, or trails; or at hotels.
8.7 Consent to Placement and Host City Selection.
You agree, understand and acknowledge that You are solely
responsible for determining which Host Cities You designate
as Your preference and You hereby warrant and represent to
OWP that You have thoroughly and exhaustively researched all
Host Countries designated as a preference by You for Your
Placement and You hereby consent to and accept all conditions
of living and working in the Host City in which You are placed
and acknowledge that you are fully aware of any and all hardships
and adversity associated with living and working in the Host
Cities You have designated as Your preferences. For these
reasons, You hereby warrant and represent that you will not
assert or allege that OWP has misled You in any way in connection
with any Placement for which You are selected.
8.8 Transfer or Sharing of Your Personal
Information. In connection with Your Placement, it may be
necessary for Us to transfer personal information about You,
such as medical information, background-check information
and details of any convictions, to a City or countries outside
of the United Kingdom where an adequate level of protection
of such data may not be provided and you hereby fully consent
to any and all such transfers of Your personal information.
9. Indemnity
9.1 Your Indemnity of OWP. You agree to
fully indemnify and hold OWP harmless from and against any
and all claims, demands, losses, causes of action, costs,
expenses, fees and damages arising out of or related to: (i)
any breach by You of this Agreement; (ii) any damages, losses,
personal injury, property damage, fines, assessments, fees
or costs that are caused to or asserted against OWP as a result
of Your actions, inaction or omissions; or (iii) any contractual
claim or other cause of action asserted against OWP as a result
of Your conduct and/or Your failure to perform the volunteer
services required hereunder.
10. Force Majeure
10.1 Project Delay or Cancellation Due to
Force Majeure. Various events which OWP is unable to control
may arise and cause disruption, delay or cancellation of Your
Placement or Project. Such circumstances are likely to include:
war or threat of war, terrorist activity or threat of such
activity, riots or civil strife, industrial action, natural
or nuclear disaster, fire, adverse weather conditions, health
risks and epidemics, labor dispute, strike, work slow down
or work stoppage and all similar circumstances beyond Our
control (collectively “Force Majeure”). You agree,
understand and acknowledge that OWP shall have no liability
for any delay or cancellation of a Project or Placement due
to Force Majeure and You hereby agree to accept all risks
associated with the occurrence of any Force Majeure. OWP’s
only obligation in the event of any Force Majeure is to reasonably
attempt to reschedule or relocate Your Placement and/or Project.
If OWP is unable to reschedule or relocate Your Placement
and/or Project, You are entitled to seek any reimbursement
of Program Fees that may be provided pursuant to section 5
hereof.
11. Miscellaneous Provisions
11.1 Construction and Interpretation. Each
and all parties hereto acknowledge and agree that this Agreement
is not a standard contractual form and that each respective
party hereto is represented, or had the opportunity to be
represented, by legal counsel in connection with the matters
set forth herein, and that this Agreement shall, for all purposes,
be deemed drafted by all parties hereto and no rule of construction
or interpretation shall be invoked either against or in favor
of any party respecting the interpretation of any provision
hereof. Whenever used herein, the singular number or singular
nouns shall include the plural, the plural the singular and
the use of the masculine, feminine or neuter gender shall
include all genders, as the context may require, and the term
"party" shall mean an individual, a corporation,
an association, a partnership, a trust and any legal entity.
11.2 Section Headings. All titles or headings
to articles, sections, subsections or other divisions of this
Agreement or the exhibits hereto are only for the convenience
of the parties and shall not be construed to have any effect
or meaning with respect to the other content of such articles,
sections, subsections or other divisions, such other content
being controlling as to the meaning and intent and the content.
11.3 Severability. Wherever legally possible,
each and every provision of this Agreement shall be interpreted
in such manner as to render it valid, effective and enforceable
under applicable law according to its express terms, but if
any provision of this Agreement shall be deemed legally prohibited
or invalid under applicable law by a court of competent jurisdiction,
such provision shall be ineffective only to the extent of
such prohibition or invalidity, without invalidating the remainder
of such provisions or any of the remaining provisions of this
Agreement, which shall remain in full force and effect absent
said invalid provisions.
11.4 Counterparts. This Agreement may be
executed in multiple counterparts or copies, each of which
shall be deemed an original hereof for all purposes. One or
more counterparts or copies of this Agreement may be executed
by one or more of the parties hereto, and some different counterparts
or copies executed by other parties. Each counterpart or copy
hereof executed by any party hereto shall be binding upon
the party executing same even though other parties may execute
one or more different counterparts or copies and all counterparts
or copies hereof so executed shall constitute but one and
the same instrument. Each party hereto (“Signing Party”),
by execution of a counterpart or copy hereof, expressly authorizes
and directs any other party hereto to detach the signature
pages and/or acknowledgment, attestation, witness, jurat or
similar pages thereto from the counterpart, facsimile or copy
hereof executed by Signing Party and affix same to another
identical counterpart, facsimile or copy hereof executed by
Signing Party such that upon execution of multiple counterparts,
facsimiles or copies hereof by all parties hereto, each party
hereto may have a counterpart or copy hereof to which is attached
signature pages containing signatures of all parties hereto,
together with any such acknowledgment, attestation, witness,
jurat or similar pages relating thereto. The parties hereto
expressly agree and acknowledge that facsimile signatures
and electronic signatures or other electronic “consent
click” acknowledgments shall be effective as original
signatures.
11.5 Assignment. OWP may assign this Agreement
or any of its rights or obligations hereunder to any third
party without Applicant’s express written consent. Applicant
may not assign this Agreement or any of Applicant’s
rights or obligations hereunder without OWP’s prior
written consent.
11.6 Notice. All demands, notices, approvals,
consents, requests and other communications provided for hereunder
shall be in writing and may be mailed or electronically transmitted
via email, to the party to whom sent, addressed to it, at
its address, facsimile or email address as set forth on the
Term Sheet or such other address, facsimile or email address
as such party may hereafter specify. Each such communication
shall be effective (a) if given by telecopier or other electronic
means, when such communication is transmitted to the specified
address and any appropriate confirmation is received, or (b)
if given by mail, three (3) business Days after such communication
is deposited in the mail with first class postage prepaid,
addressed as aforesaid.
11.7 Failure to Act and Waiver. No failure
or delay on the part of any party hereto in the exercise of
any right, power or remedy existing hereunder or by law shall
operate as a waiver thereof, nor shall any single or partial
exercise of any such right, power or remedy preclude other
or further exercise thereof, or the exercise of any other
right, power or remedy. Any waiver granted by any party hereto
shall be effective only if in writing and only in the specific
instance and for the specific purpose given. No modification
or waiver of any provision of this Agreement nor consent to
any departure by the parties therefrom shall in any event
be effective unless the same shall be in writing, and then
such waiver or consent shall be effective only in the specific
instance and for the purpose for which given. No notice to
or demand on either party not provided for herein in any case
shall entitle such party to any other or further notice or
demand not provided for herein in the same, similar or other
circumstances.
11.8 Litigation. In the event of any litigation
between the parties to this Agreement, the prevailing party
shall be entitled to recover reasonable attorney's fees and
costs, including reasonable costs of appeal, if any.
11.9 Independent Contractors. In performing
their respective services hereunder, each shall operate as
and have the status of independent contractors and shall not
act as or be an agent or employee of the other. Neither party
shall have any right or authority or assume or create any
obligations or make any representations or warranties on behalf
of the other party, whether express or implied, or to bind
the other party in any respect whatsoever.
11.10 Injunctive Relief. Either party may
have injunctive, preliminary or other equitable relief to
remedy any actual or threatened dispute.
11.11 Choice Of Law. This Agreement and
the transactions contemplated hereunder shall be construed
in accordance with and governed by the laws of the United
Kingdom, without giving effect to conflict of laws principles.
11.12 Consent to Jurisdiction and Venue.
Each party hereto irrevocably consents to the jurisdiction
of the United Kingdom and agrees that any suit, action or
proceeding arising out of or relating to this Agreement, or
any related documents, may be instituted against it in any
Louisiana court or in any UK court and irrevocably submits
to the jurisdiction of any such court in any such suit, action
or proceeding. Nothing herein shall affect the right of either
party to serve process in any manner permitted by law.
11.13 Modification. No alteration, modification
or other change of this Agreement shall be valid, effective
or enforceable under any circumstances, except and unless
the parties clearly document their intention to revise or
amend this agreement and/or its specific terms pursuant to
a written agreement that is signed by the party against whom
enforcement of any such alteration, modification or other
change is sought.
11.14 Acknowledgment. Applicant agrees,
understand and acknowledges that Applicant (i) has read and
fully understands this legal contract, with full knowledge
of its meaning and significance; (ii) intends that this Agreement
be legally binding upon and enforceable against Applicant;
(iii) confirms that Applicant is at least eighteen (18) years
of age, fully competent, and entering into this Agreement
voluntarily of his or her own free judgment.
11.15 Entire Agreement. This written Agreement,
including any referenced exhibits and/or attachments hereto,
concludes and represents the final agreement between the parties
relating to the subject matter hereof and may not be contradicted
by prior, contemporaneous or subsequent oral or written agreements
of the parties, except and unless the parties hereto expressly
agree to subsequent written modification of this Agreement,
or its terms, as specifically provided herein. This Agreement
completely and fully supersedes any and all other prior negotiations,
discussions, correspondence and agreements, both written and
oral, between the parties hereto and relating to the subject
matter hereof and neither party shall hereafter have any rights
under such other prior agreements but shall look solely to
this Agreement for definition and determination of all of
their respective rights, liabilities and responsibilities
relating to the obligations hereunder. No representations,
warranties or covenants pertaining to this Agreement or any
property affected by this Agreement have been made by, or
shall be binding on, any of the parties hereto, except as
expressly stated in this Agreement. |