DAY EXCURSION TERMS & CONDITIONS OF PARTICIPATION
[For General Terms & Conditions that govern our study abroad, faculty-led, and international programs, click here]
All Participants in Day Programs of EdOdyssey, Inc. hereby accept and agree to the following terms and conditions, as they may be amended from time to time (the “Terms”). Participation in any such Day Program is subject to such Terms. All Participants and EdOdyssey are independent entities and nothing in this agreement is intended or shall be construed to create an agency relationship, employment relationship, or joint venture between any Participant and EdOdyssey.
Definitions:
“Day Program” shall be deemed to refer to both One Day Programs and Expanded Day Programs.
“One Day Program” shall mean a short one-day, non-overnight excursion developed and implemented by EdOdyssey by contract arrangement with a Sponsor which excursion does not offer academics credits at the Sponsor, but is meant to provide to Students a limited cultural experience in relatively close geographic proximity to the Sponsor.
“Expanded Day Program” shall mean a short excursion of up to three days and two nights developed and implemented by EdOdyssey by contract arrangement with a Sponsor which excursion does not offer academics credits at the Sponsor, but is meant to provide to Students a limited cultural experience in relatively close geographic proximity to the Sponsor.
“Sponsor” shall mean the person or entity contracting with and paying EdOdyssey to arrange for a Day Program. The term “Sponsor” shall include without limitation a college or other educational institution.
“EdOdyssey” shall mean EdOdyssey, Inc. , a Massachusetts corporation, its successors and assigns. In the case of any provisions of these Terms regarding a Participant indemnifying EdOdyssey, holding EdOdyssey harmless or releasing EdOdyssey from liability, such “EdOdyssey” reference shall include without limitation all members, officers, managers, employees, contractors and agents of EdOdyssey, and any person or entity utilized by EdOdyssey in the provision of such Day Program collectively, the EdOdyssey Group”).
“Participant” shall mean the Sponsor and any person taking part in a Day Program who is not a member of the EdOdyssey Group, including but not limited to students, teachers, faculty-leaders, chaperones and parents. Without limiting the generality of the foregoing, the term shall include the parents of a minor participant.
“Program Fee” means the fee paid to EdOdyssey by the Sponsor to develop and implement a Day Program which fee is set forth in the relevant Day Program Agreement.
“Program Itinerary” means the Day Program’s details as to transportation, destinations and activities as set forth on a program’s page on the EdOdyssey website or as attached to the relevant Day Program’s agreement between EdOdyssey and Sponsor. EdOdyssey reserves the right to modify such Program Itinerary as necessary to accommodate weather issues, government directives and states of emergency, closures and pandemics-related issues.
“Program Period” means, unless otherwise stated in the Program Itinerary, the period commencing upon pick-up of the Participants at the embarkation point set forth in the Program Itinerary and ending upon such Participants disembarking at the point of embarkation or other debarkation point designated by the Sponsor and identified in the Program Itinerary.
“Provider” means EdOdyssey.
“Day Program Rules” means the rules, regulations and policies for a Day Program as established from time to time by EdOdyssey and /or the Sponsor.
“Program Deposit” means fifty percent (50%) of the Program Fee.
“Student” means a person enrolled in a degree-granting program at the Sponsor.
1. General Terms of Programs:
(a) The length and dates of a Participant’s Day Program is as outlined in the Program’s Itinerary.
(b) Participant is expected to exercise proper conduct and behavior during the entire Program Period. This includes abiding by the Day Program Rules. Illegal activities will not be tolerated and may result in the Participant being prohibited from participation in the remaining activities in the Day Program. Should such prohibition occur, neither the Participant nor the Sponsor shall be eligible for a refund from EdOdyssey for missed portions of such Program.
(c) The possession, use or consumption of alcohol or of illicit and/or illegal drugs is strictly forbidden by students for all Day Programs, even if Participant is of age to consume alcohol. The possession or consumption of alcohol or of illicit and/or illegal drugs may result in the Participant being prohibited from participation in the remaining activities in the Day Program. Should such prohibition occur, neither the Participant nor the Sponsor shall be eligible for a refund from EdOdyssey for missed portions of such Program. In addition, if such Participant is detained by law enforcement authorities, EdOdyssey’s obligation shall be limited to notification of the Sponsor of such detention.
(d) Prior to departure, to the extent required by EdOdyssey, the Sponsor and/or the governing body of a destination location or activity (collectively, EdOdyssey, the Sponsor and such governing bodies shall be the referred to as the “COVID Authorities”), Participant may be required to provide evidence of having been fully vaccinated against COVID 19 with an approved vaccine (including without limitation emergency approval) by the Food & Drug Administration. Failure to provide such documentation shall be sufficient basis for exclusion from some or all of the Day Program activities. Participants also agree that, as required by any of the COVID Authorities, such Participants shall wear a mask during the Program Period or parts thereof.
(e) Without limiting exclusions of liability for EdOdyssey provided elsewhere in these terms and conditions or in its contract with the Sponsor, EdOdyssey is not responsible for transportation schedule changes, or delays in a Program Itinerary which are related to weather or equipment issues.
2. Program Fee
(a) Except as otherwise provided in a Day Program Itinerary, the Program Fee shall include all transportation, activities, meals, and, as to an Expanded Day Program, lodging, all to the extent provided for in Program Itinerary, as well as the services of one full time EdOdyssey program leader.
(b) The Program Fee, unless otherwise noted on Exhibit C*, specifically excludes costs, fees or expenses related to cancellations or delays caused by the pandemic, government regulations, weather, or other event(s) beyond EdOdyssey’s control.
(c) Unless otherwise specifically agreed in a writing signed by the President of EdOdyssey, the full Program Fee from the Sponsor to EdOdyssey is due sixty (60) says prior to the date on which the Day Program will take place.
(d) The Program Deposit shall be non-refundable.
*Exhibit C concerns only the Sponsor and EdOdyssey
3. Compliance with Laws, Rules and Regulations, and Standards of Conduct
(a) Any individual Participant shall comply with the Day Program Rules while participating in a Day Program.
(b) In addition to prohibitions and restrictions outlined in Subsections (b), (c) and (d) of Section 1 above, EdOdyssey shall have the right to enforce generally accepted appropriate standards of conduct during the Program Period. Should a Participant:
(i) fail to maintain such standards of conduct; and/or
(ii) should a Participant’s engage in actions or conduct which EdOdyssey reasonably considers to be incompatible with the interest, harmony, comfort and/or welfare of EdOdyssey, the Sponsor, other Participants, staff, vendors and/or the laws, regulations and/or the norms of the places visited during a Program,
such Participant may be prohibited from participation in the remaining activities in the Day Program. Should such prohibition occur, neither the Participant nor the Sponsor shall be eligible for a refund from EdOdyssey for missed portions of such Program. In addition, if such Participant is detained by law enforcement authorities, EdOdyssey’s obligation shall be limited to notification of the Sponsor of such detention.
4. Medical and Health
(a) The Sponsor acknowledges that it is Sponsor’s obligation prior to the Program’s departure to:
(i) confirm that all Participants have personal health insurance and shall provide a contact that will be available during the Program Period to provide such insurance information to EdOdyssey if it becomes necessary; and
(ii) at least fourteen (14) days in advance of a Program’s departure, advise EdOdyssey in writing of any Participants that have food allergy issues, which writing shall provide detailed information regarding such allergy; and
(iii) at least fourteen (14) days in advance of a Program’s departure, advise EdOdyssey of any physical limitations of any Program Participant.
(b) EdOdyssey will take reasonable efforts to accommodate such food allergies or physical limitations and will advise Sponsor of the added cost to do so. In case accommodation is not reasonably possible due to any cause, including but not limited to time or cost constraints or limitations imposed by the activity itself. EdOdyssey shall advise Sponsor as soon as practical of such situation.
(c) It is the responsibility of the Sponsor to review and cause each Participant to thoroughly review relevant public health and safety information from the Sponsor and all government agencies and authorities in advance of Participant’s departure. If Sponsor determines that certain safety or health precautions are necessary, Sponsor should discuss same with EdOdyssey prior to application to determine how and if such precautions can be implemented. Sponsor shall be solely responsible for any increased costs associated with the implementation of such precautions.
(d) EdOdyssey is not responsible for any medical or health problems, sickness, disease, injury, or loss whatsoever (collectively, “Health Issues”) suffered by Participant during such the Program Period. Sponsor shall hold EdOdyssey harmless and indemnify EdOdyssey from any claims or liabilities arising from such Health Issues.
(e) Notwithstanding the provisions of Section 4(a)(i) above, to the extent that a Participant has the opportunity to do so, it is such individual Participant’s responsibility to confirm with a food vendor staff the compatibility of any food with such Participant’s allergy profile.
5. Cancellation Policy
(a) The Sponsor acknowledges that the Sponsor is the sole contracting party with EdOdyssey and that any requests for refunds by individual Participants shall be the sole responsibility of the Sponsor, and shall not reduce payment to EdOdyssey. Sponsor acknowledges that EdOdyssey is required to contract in advance for transportation and activity slots for the Day Program, and that the agreed fee due to EdOdyssey from the Sponsor for a Day Program is not to be reduced if all slots for a Day Program are not filled to capacity.
(b) Should a Sponsor cancel a Day Program more than forty-five (45) days prior to the date on which the Day Program is scheduled to take place, Sponsor shall be entitled to a return of all monies paid to EdOdyssey to the date of such cancellation minus the following: (i) the Program Deposit, and (ii) any reasonably documented non-recoverable costs of EdOdyssey.
(c) Should a Sponsor cancel a Day Program forty-five (45) days or less prior to the date on which the Day Program is scheduled to take place, no refunds will be given and the Sponsor will be liable to EdOdyssey for the entire Program Fee, even if such Program Fee has not yet been paid in full.
(d) If a chaperone provided by Sponsor for a Day Program cancels, EdOdyssey has no obligation to secure a replacement for such chaperone.
6. Use of Photos, Videos, and Statements
(a) All Participants understand that photos and videos may be taken by EdOdyssey staff as part of the Program. As part of participation in a Program, all Participants, grant to EdOdyssey the right and license to use: (i) any such photos, likenesses or videos of such Participant; and/or (ii) statements made by such Participant in whatever form, for print, verbal, Internet, or other commercial use in connection with publicizing EdOdyssey and its Programs on its website, in brochures and literature or in videos and the like. The Sponsor acknowledges that EdOdyssey may take photos and videos as part of the Program and that, given the nature of the Program, there is a high probability that Participants may wear clothing displaying the School’s name and logo. The School hereby grants a license for EdOdyssey to display such photos and videos to publicize EdOdyssey and its programs on its website, in brochures and literature or in videos and the like.
(b) In order to opt out of such licensing provided for in Section 6(a) above, a Participant must, through the Sponsor, request such opt out in writing which request must be received by EdOdyssey at least two (2) days prior to the start of the Day Program. Requests to decline such use must be sent by the Sponsor in writing to EdOdyssey at info@edodyssey.com or to the address above related to cancellations marked “ATTN: Photos”.
7. Waivers & Indemnification
(a) Except for intentional acts or gross negligence of EdOdyssey, a Participant, on behalf of such Participant and such Participant’s heirs, personal representatives or assigns, does hereby waive, release, hold harmless and indemnify EdOdyssey from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, punitive or exemplary damages, or otherwise which may arise directly or indirectly from or occurring during the Program Period, including without limitation acts or omissions of any entity providing goods and services on behalf of EdOdyssey during the Program Period.
(b) Unless arising from EdOdyssey’s willful misconduct, and without limiting the generality of the Section 7(a) above, EdOdyssey shall under no conditions or circumstances be liable for any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, punitive or exemplary damages, or otherwise which may arise directly or indirectly from natural disasters, strikes or government restrictions, war, terrorist activities, sickness, pandemics or quarantine or the acts or omission of any other agents over which EdOdyssey have no direct control, including, without limitation, transportation companies, bus companies, taxi services, restaurants, and points on interest.
(c) All Participants in any Day Program shall be responsible for exercising reasonable caution and common sense at all times to avoid property damage, personal injury to themselves or others, and/or death.
(d) Unless specifically provided in a separate agreement, EdOdyssey acknowledges and agrees that a Sponsor does not have the authority on behalf of any Student to release, indemnify or hold harmless EdOdyssey from any claims, actions or losses described in Sections 7(a) and 7(b) above. Sponsor does agree, however, to reasonably cooperate and provide assistance in EdOdyssey obtaining such release, indemnification and hold harmless agreements from Sponsor’s Students.
8. Filing Period for Claims
Without limiting in any way limitations of liability contained in these terms and conditions or an contract executed in conjunction with the operation of a Day Program, any claims to be made by a Participant against EdOdyssey (which term shall include officers, shareholders, directors, the company itself, employees, contractors, and agents of the company, and any person or entity employed or utilized by EdOdyssey) must be in writing and received by EdOdyssey on or before the first anniversary of the completion of the relevant Program Period.
9. Arbitration
Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising from or related to a Participant’s participation in a Day Program or such Participant’s relationship or involvement with EdOdyssey shall be resolved by binding arbitration, and not by court action. Such arbitration shall take place in Boston, Massachusetts unless some other location shall be mutually agreed upon between the parties. Such arbitration shall be governed by the rules of the American Arbitration Association (“AAA”). The arbitrator shall apply relevant law and provide written, reasoned findings of fact and conclusions of law. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Within thirty (30) days of receipt by AAA of a notice that arbitration services are needed, the AAA case manager assigned shall submit a list of arbitrators to the parties, who shall have seven (7) days from receipt to eliminate up to one third of the listed arbitrators and return same to the case manager within ten (10) days of receipt. The case manager shall then promptly appoint an arbitrator from among those who were not eliminated on either list.
10. Legal Governance
These terms and conditions shall be deemed incorporated in Sponsor’s contract with EdOdyssey and shall become effective when the Day Program’s Sponsor Agreement is fully executed by EdOdyssey and the Sponsor (the “Sponsor Agreement”). The Sponsor Agreement and any agreements related to the relevant Day Program shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Commonwealth of Massachusetts applicable thereto. Any court action brought pursuant by a Participant, including without limitation the Sponsor, against EdOdyssey shall be brought in the Commonwealth of Massachusetts.
11. Modifications and Interpretations
(a) No verbal modification or interpretation of these terms and conditions shall have any validity. All such modifications and interpretations must be in writing and signed by a duly-authorized officer of EdOdyssey.
(b) These Terms and Conditions are subject to change and all Participants are advised to check EdOdyssey’s website or to request the latest version of them from EdOdyssey prior to actual participation in a Day Program.
Last updated January 2, 2023
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