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BEYOND SPORTS, INC
WAIVER
Contents
3. Exercising Caution and Common Sense
5. Safety and Health Information
6. Acknowledgment of Inherent Dangers
7. Medical Conditions and Treatment
10. Program Payment Requirements and Refund Policy
12. Waiver, Indemnity and Limitation of Liability
Exhibit A: Code of Conduct & Essential Eligibility Criteria
The student (the "Student") and his or her parents or legal guardian who have signed this document below, on behalf of such Student, his or her parents, legal guardians and/or other adults who are responsible for such Student who has the authority to sign this waiver as legal guardian (collectively, the "Participant") have executed this Waiver (this "Waiver") as a condition to, and in consideration of, the Student's participation in the Beyond Sports travel program (the "Beyond Sports Program") organized by Beyond Sports Inc. ("Beyond Sports"). This Waiver and the attached Beyond Sports Code of Conduct (Exhibit A) and Beyond Sports Medical Consent Form (Exhibit B) comprise the full and complete agreement between the Participant and Beyond Sports with respect to the subject matter hereof and thereof and cannot be revised, except by a writing signed by Beyond Sports, the Student and one of his/her parents or legal guardians. This Waiver will come into effect when the complete application of the Participant is approved by Beyond Sports. The Participant and Beyond Sports hereby agree as follows:
1. Construction
References in this Waiver to "Affiliates" means any person or entity that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with another person or entity. References in this Waiver to “Beyond Sports Program Staff” means all of Beyond Sports’ and Beyond Sports’ Affiliates’ employees, volunteers, independent contractors (and such independent contractors’ employees and agents), agents, representatives, group leaders, counselors, chaperones, teachers, host schools, school officials, tour guides, and others, in each case who provide services in support of any Beyond Sports Program. References in this Waiver to "Beyond Sports" means Beyond Sports’ and Beyond Sports’ Affiliates and all of their stockholders, members, directors, officers, successors and assigns, as well as the Beyond Sports Program Staff. References in this Waiver to the "Participant" include the participating Student, his or her parents, legal guardians or other adults who are responsible for the participating Student. All legal obligations and liabilities undertaken by the "Participant" in terms of this Waiver are undertaken jointly and severally by its constituent parties. The Beyond Sports Program begins when the Student is received by Beyond Sports Program Staff at the airport in the country where the Beyond Sports Program is held and ends when the Student is dropped off by Beyond Sports Program Staff at the airport in the country where the Beyond Sports Program is held.
2. Acceptance of Beyond Sports Terms, Conditions, Code of Conduct, Rules and Essential Eligibility Criteria
2.1
The Participant has fully read and understood the terms, conditions and rules set forth in the Code of Conduct and meets essential eligibility criteria requirements. The Participant fully and unconditionally accepts these terms, conditions and rules, and understands that any violation or suspicion of violation of the Beyond Sports Code of Conduct, as well as any violation of the written or verbal safety instructions of the Beyond Sports Program Staff, will result in immediate expulsion from the Beyond Sports Program and early return home at the Participant’s expense, without refund. Reasons for expulsion may include, but are not limited to, smoking cigarettes, e-cigarettes or vaping of any kind, possession of tobacco in any form, consumption or possession of alcohol, drugs, or other controlled substances or possession of drug paraphernalia in any form. Items that are in violation of the no tolerance policy will be confiscated by staff and disposed of promptly and will not be returned to the Participant. Failure to meet essential eligibility criteria, through non-disclosure or other, may also result in removal from the program. The Participant further understands the Student's participation in the Beyond Sports Program may be terminated without refund if the Student displays any acts of violence or inappropriate sexual activity towards another student, is expelled from a host school, disciplined by local authorities, or if Beyond Sports determines, in its sole discretion, that the conduct of the Participant is incompatible with the goals, interests, harmony, or integrity of the Beyond Sports Program, or meaningfully impedes or infringes on the interests or well-being of other students.
2.2
The Participant specifically understands and agrees that in the event that the Student is expelled from the Beyond Sports Program, neither Beyond Sports nor its Affiliates will be responsible for any expenses and arrangements caused by or related to such expulsion. The Participant understands and agrees that the Beyond Sports Program tuition & fees will not be refunded; and that the group airline tickets are nonrefundable, non-changeable and non-transferable, and therefore they cannot be used for the early return home. Within 24 hours of removal notification, the Participant will be responsible for making all necessary arrangements for returning home early, such as purchasing new airline tickets and paying all other associated expenses such as private transfer to airport, additional meals and accommodation, and supervision. Due to the logistical variations of each program site, airline prices may fluctuate dramatically during the removal process. Neither Beyond Sports nor its Affiliates will be responsible for airline price fluctuations that may occur during the removal process. Neither Beyond Sports nor its Affiliates will provide any Beyond Sports Program Staff member to oversee or accompany the Participant during the return flight home. If students, parents, or legal guardians refuse to purchase a flight or are unavailable during the removal process, Beyond Sports staff reserves the right to purchase the next available flight within reason for the student without prior consent and families will be asked for reimbursement directly. If this occurs, Beyond Sports will do everything in its power to inform parents and / or legal guardians to ensure they can make proper arrangements to ensure the student is received from their home airport upon arrival.
3. Exercising Caution and Common Sense
The Student is responsible for exercising caution and common sense at all times to avoid injuries and losses. This includes observing traffic and safety rules pertaining to pedestrians, passengers and bicyclists; remaining alert and paying utmost attention for traffic; using safety measures and devices, such as bike helmets or safety belts; maintaining possession and ensuring the safety of personal belongings; and monitoring the safety of the surrounding environment.
4. Limits of Oversight
The Participant understands and agrees that Beyond Sports Program Staff cannot oversee the Student at all times. In general, group activities will be overseen by Beyond Sports Program Staff; however, some group activities may involve small groups of students working, or otherwise engaging in an activity, in an area where Beyond Sports Program Staff is not immediately present. Further, the Student will not be overseen by Beyond Sports Program Staff during free time while at the Beyond Sports Campus or when in designated areas in the buddy system. During such times it is especially important that the Student respect the Beyond Sports Code of Conduct, safety rules and guidelines and exercise caution and good judgment in order to provide for his or her safety and well-being. The Student understands that they are not allowed to leave the group without prior permission from Beyond Sports Program Staff. If the Student chooses to leave the group at any time without first notifying staff, Beyond Sports nor its Affiliates will be able to support the Student’s safety and the Student may be asked to leave the program early.
If Student is participating in a “homestay” program, which involves the Student spending an extended period of time with a host family, Participant understands that Student will be by himself or herself with the host family and Student will have significant freedom to walk, without oversight and without other Beyond Sports Program students, throughout the community including, without limitation, between the Student’s host family’s home and any other planned activities. Participants must uphold the Code of Conduct adapted for “homestay” extensions in this setting.
5. Safety and Health Information
If the Participant requests information or has concerns regarding the safety and health conditions associated with any particular country, area, environment, service, transport, carrier or activity, as well as any medical issues (such as immunization), Beyond Sports, upon such request, will provide Participant with information readily available to Beyond Sports, and refer Participant to other sources, such as governmental agencies or professional organizations in the home country or the host community. The Participant is encouraged to carefully review such information and make a well-informed decision regarding participation in the Beyond Sports Program and any activities, including travel to any particular country or area.
6. Acknowledgment of Inherent Dangers
The Participant understands that travel may involve certain inherent risks and dangers to health, safety and personal property including, but not limited to, risks related to political unrest, terrorist acts, natural disasters and disease. The Participant further understands that some activities offered to the Students during the Beyond Sports Program may involve inherent risks of serious injury or death. The Participant participates voluntarily in such travel and activities and assumes all risks and the associated responsibilities.
The Participant understands that international travel may come with inherent increased risk of bacterial and/or viral or insect-borne infections. The Participant recognizes that it is their responsibility to familiarize themselves with the required or recommended vaccinations, whether it be via the Centers for Disease Control or through a licensed physician. The Participant understands all information on the U.S. State Department website (http://travel.state.gov) about the country or countries to which or in which the Student will be traveling, including, without limitation, the U.S. State Department Travel Advisories and Alerts. The Participant agrees to review the U.S. Centers for Disease Control Health Notices advisory information relating to the country or region to which the Student will be traveling found at http://www.cdc.gov/travel, and any additional information available from the World Health Organization website (http://www.who.int/). With knowledge of this information, the Participant has made the independent judgment to allow the Student to participate in the Beyond Sports Program, understanding that at any time, the warnings in the resources described above may become more urgent in nature.
7. Medical Conditions and Treatment
The Participant understands that Beyond Sports provides travel medical and evacuation insurance, and that it is the responsibility of the Participant to understand the limitations of the Beyond Sports insurance and to obtain additional insurance coverage as Participant deems necessary. The Participant further assumes responsibility for making the initial payment for any medical, transport or other services covered by the Beyond Sports insurance policy, retaining all receipts, medical records and other relevant documents, filing and processing claims, if any, with the insurance provider of the Beyond Sports policy, and receiving reimbursement, if any, for covered expenses. The Participant understands that injuries or sickness that occur under the influence of drugs, alcohol, or intoxicants will not be covered by the Beyond Sports Insurance policy. The Participant understands and agrees that although Beyond Sports may provide assistance throughout this process, the Beyond Sports is not liable for any errors or omissions committed by the insurance provider. If the Student cannot pay medical costs required to be paid at the time of treatment, Beyond Sports or Beyond Sports Program Staff may assist the Student financially, and the Participant will reimburse Beyond Sports or the Beyond Sports Program Staff for such costs at the earliest time possible, within 30 days of program end date.
The Participant understands and agrees that if the Student will need any medications during the Beyond Sports Program it is the Student's responsibility to bring an adequate supply of such medications. The Participant understands that some medications may not be available in the country of destination, and that it may not be possible to send such medications by mail. Students are responsible for self-administering any medication they bring. Staff may support the student by reminding them to take their medication, but it is the sole responsibility of the student to administer their medication with or without consistent reminders from staff. The full medical history of the student must be disclosed prior to the participant arriving on the program; any meaningful inconsistencies or omissions may be grounds for immediate expulsion. If Beyond Sports finds that the Essential Eligibility Criteria have not been met it may be grounds for dismissal if Beyond Sports is unable to accommodate student’s needs. The Participant understands that in the event of a medical ailment or emergency Beyond Sports may take such actions as it deems necessary under the circumstances, including securing medical treatment for the Student and/or sending the Student back home. If the Student is unable to participate in an activity due to a medical ailment or emergency, there will not be an option to make up the activity. The Participant acknowledges that the standards of medical treatment secured may be lower than in Participant's home country. The Participant understands that in the event that emergency medical evacuation is determined to be required, evacuation via air may take 12 – 24 hours, or longer, after the request is made, depending on availability and level of urgency.
Final determination of medical treatment is the decision of the parents or legal guardians of the Student. In an emergency, unless instructed otherwise by the parents or legal guardians of the Student, Beyond Sports will make every reasonable effort to ensure that any selected medical providers meet the standards of competence prevalent in the local community.
The Participant understands that the Medical Information and Release Form submitted to Beyond Sports must be accurate and complete, without errors or omissions, and that any errors or omissions in such form will jeopardize the safety and health of the Student during the Beyond Sports Program, and may result in interruption of his or her participation in the Beyond Sports Program and an early return home at the expense of the Participant, without refund. The Participant understands that the Beyond Sports Program is not a therapeutic program and field staff are not qualified to handle mental health or substance abuse issues.
8. Changes and Cancellations
Beyond Sports reserves the right to make changes, cancellations, postponements or substitutions as a result of changing conditions, safety considerations, the interests of the group, or emergency situations. In the event Beyond Sports decides not to operate a program for force majeure or safety considerations, Beyond Sports reserves the right to substitute such program with another program option of the same program theme. Once on a program, if a Student chooses to leave the Beyond Sports Program, there will be no refund of the program fee. If the Student leaves the Beyond Sports Program prior to the end date due to parental request, personal reasons, behavioral issues, or mental health challenges, he/she will not be permitted to re-join the program. The Student’s removal is final. Students must treat their surroundings and materials with care. The Participant agrees to reimburse Beyond Sports for any property of Beyond Sports Program Staff or lodging facilities that is damaged, lost, or destroyed as a result of the Student’s actions.
9. Travel Documents
Beyond Sports employees may guide the Participant to obtain or prepare necessary travel documents, such as passports and visas, with appropriate expiration date; participants must have a passport that is valid for 6 months after the last date of travel; however, it is the Participant's sole responsibility to confirm that all documentation and immunization requirements to enter the country are met prior to departure. Beyond Sports is not responsible for inaccurate information provided by external parties, such as embassies, consulates and travel clinics. Failure to obtain the necessary travel documents, which may hinder participation in the Beyond Sports Program, does not constitute grounds for withdrawal with refund.
10. Program Payment Requirements and Refund Policy
10.1
All Participants are required to pay a program deposit. The deposit is non-refundable. The deposit is deducted from the total cost of the program. The Participant’s place in the program will not be held until the non-refundable program deposit is paid. If the program reaches enrolled capacity before the non-refundable program deposit has been paid, Participant may be required to forfeit his/her original program selection, or choose another program. The deposit deadline varies by program and can be found in the published material for each program. The deposit deadlines for promotional pricing/scholarships may be earlier than the deposit deadline listed in the published material.
10.2
Remaining program payments are due according to the payment schedule found in the published material for each program or as selected by the Participant from the available options in the registration system. Participants who miss a payment deadline may be withdrawn from the program with no refund of payments received.
10.3
The majority of program expenses are incurred by Beyond Sports on behalf of the Participant well in advance of the actual program travel dates.
If Costa Rica Program Participant initiates cancellation or withdrawal from the program greater than 1 Month from the program start date, they may be eligible for a refund of all payments made less $500 and any expenses incurred by Beyond Sports on behalf of the participant. If Costa Rica Program Participant initiates cancellation or withdrawal from the program within 1 Month of the program start date, payments are non-refundable regardless of reason for cancellation or withdrawal.
If Spain Program Participant initiates cancellation or withdrawal from the program greater than 2 Months from the program start date, they may be eligible for a refund of all payments made less $500 and any expenses incurred by Beyond Sports on behalf of the participant. If Spain Program Participant initiates cancellation or withdrawal from the program within 2 Months of the program start date, payments are non-refundable regardless of reason for cancellation or withdrawal.
10.4
It is strongly recommended to purchase travel insurance to provide protection for your investment.
10.5
Force Majeure: Program cancellation, postponements or changes that occur due to a significant unexpected or uncontrollable event outside of Beyond Sports’ control shall be deemed a Force Majeure. Such instances could be, but are not limited to: acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion, or any significant law or any action taken by a government or public authority that prevents program operations. In case of Force Majeure, Beyond Sports will aim to move the student to another program and/or destination. If no alternative program is available, the family will be granted a credit for a future program. This credit will be transferable to any other sibling or friend, and shall be unlimited in time. Where families demand a refund in spite of these circumstances, we will provide a full or partial cash refund as long as this does not impair our ability to operate programs in future for the benefit of families who accept the program credit.
11. Media Release
11.1
The Participant hereby grants permission to Beyond Sports and each of its Affiliates, to record the Student's participation in the Beyond Sports Program on video tape, audio tape, disc, film, photograph or other medium (collectively, the "Recordings") and to use Student's name, likeness, voice and biographical material in connection with these Recordings for Beyond Sports’ sales and marketing purposes only. The Participant further grants to Beyond Sports and each of its Affiliates, the right and permission to reproduce, distribute, perform, display, and make derivative works of (collectively, "Use") any or all such Recordings solely for Beyond Sports’ sales and marketing purposes via the Internet, television, radio, satellites, wireless broadcast or other means of transmission now known or subsequently developed.
11.2
The Participant hereby waives any right to inspect or approve the Recordings, or any derivative works thereof, prior to Use by Beyond Sports or its Affiliates. The Participant understands and agrees that the Participant will not have any right to receive royalties or any other compensation in connection with Beyond Sports’, or its Affiliates', Use of the Recordings, or derivative works thereof.
11.3
The Participant hereby releases Beyond Sports from any and all claims and demands arising out of or in connection with the Use of the Recordings, and derivative works thereof, as set forth in this Section 11, including, without limitation, any and all claims for libel, slander, defamation, and invasion of right of privacy/publicity.
12. Waiver, Indemnity and Limitation of Liability
12.1
The Participant understands that participation in the Beyond Sports Program is entirely voluntary and that any program of travel involves elements of risk of loss of property, serious bodily injury or death. The Participant expressly agrees and promises to accept and assume all of the risks associated with participating in the Beyond Sports Program. To the fullest extent provided by law, the Participant will not attempt to hold Beyond Sports liable for any injury, death, or loss to person or property sustained by the
Participant while participating in, or arising out of, the Beyond Sports Program or any travel or activity conducted by or under the auspices of Beyond Sports or its Affiliates unless such damage is the cause of intentional misconduct (or other conduct for which such a release is invalid as a matter of law) including, without limitation, any such injury, death or loss resulting from, or arising out of, actions by third parties, events occurring while the Student was not overseen or during the Student's free time, reliance on
information about destination countries provided by the Beyond Sports, or any constituent thereof, athletic activities, errors or omission committed by health insurance providers, medical treatment provided to the Student while traveling, the Participant's failure to obtain the necessary travel documentation required to participate in the Beyond Sports Program, any assistance provided by Beyond Sports, or any constituent thereof, to the Participant with respect to making travel arrangements, lost or stolen baggage or personal property, natural disasters, war, political unrest, terrorist activity or exposure to disease.
12.2
To the fullest extent provided by law, the Participant agrees to indemnify, defend and hold harmless Beyond Sports from and against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of any claims whatsoever to the extent caused by any acts or omissions of the Participant. The Participant will indemnify, defend and hold harmless Beyond Sports from all claims brought against Beyond Sports that have been released by this Waiver or that arise from the breach of the Participant's obligations under this Waiver.
12.3
The Participant agrees to reimburse Beyond Sports within 30 days for any expenses incurred by Beyond Sports or Beyond Sports Program Staff as a result of medical treatment provided to the Student or evacuation of the Student for medical or other reasons including political unrest, for any expenses not
covered by insurance.
12.4
In no event will Beyond Sports be liable to the Participant or any other person or entity for any special, exemplary, indirect, incidental, consequential or punitive damages of any kind or nature whatsoever, whether in an action based on contract, warranty, strict liability, tort (including, without limitation, negligence) or otherwise, even if Beyond Sports has been informed in advance of the possibility of such damages or such damages could have been reasonably foreseen by Beyond Sports.
12.5
In no event will the collective liability of Beyond Sports to the Participant or any other person or entity arising out of or in connection with the Parent & Student Contract or the Beyond Sports Program exceed, in the aggregate, the total fees paid by the Participant to Beyond Sports with respect to the Beyond Sports Program that gave rise to the alleged liability in question, whether such liability is based on an action in contract, warranty, strict liability or tort (including, without limitation, negligence) or otherwise. The limitations specified in this Section 12.5 will survive and apply even if any limited remedy specified in this Waiver is found to have failed of its essential purpose.
12.6
EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS WAIVER, NEITHER BEYOND SPORTS NOR ANY OF ITS AFFILIATES MAKE OR GIVE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER SUCH REPRESENTATION OR WARRANTY BE EXPRESS OR IMPLIED, WITH RESPECT TO THE BEYOND SPORTS PROGRAM.
13. Dispute Resolution
13.1
If a dispute, controversy or claim arising out of or related to this Waiver, or the breach the same, or the Beyond Sports Program cannot be settled through negotiation, the parties agree first to try in good faith to settle such dispute, controversy or claim by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to court action or binding arbitration under Section 13.2 of this Waiver. Either party may commence mediation by providing to AAA, and to the other party, a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties agree that they will participate in the mediation in good faith. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute, controversy or claim to which this Section 13.1 applies, any party (a) commences an action without first attempting to resolve the matter through mediation, or (b) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any AAA employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
13.2
Any dispute, controversy or claim arising out of or related to this Waiver, or the breach of the same, or the Beyond Sports Program not settled through mediation will be referred to AAA to be settled by neutral, binding arbitration. The costs of the arbitration will be shared equally between the parties, and the failure of a party to pay its share of arbitration costs shall be considered a material breach of this Waiver and the arbitrator shall enter a default judgment against the breaching party with respect to all disputes, controversies and claims that are subject to the arbitration proceeding. Judgment upon the award of the arbitrator may be entered into any court having jurisdiction. Enforcement of the agreement to arbitrate shall be governed by the Federal Arbitration Act.
14. Severability
In the event any provision contained in this Waiver will be held to be unenforceable for any reason, the unenforceability thereof will not affect any other provision of this Waiver. The Participant understands and agrees that (i) such unenforceable provision will be deemed to be modified to the extent necessary to render it valid, legal and enforceable without altering the intent thereof or (ii) if such modification is not possible, this Waiver will be construed as if such unenforceable provision had never been contained in this Waiver.
Exhibit A. Code of Conduct & Essential Eligibility Criteria
While participating in a Beyond Sports program, students are expected to act in a way that is respectful to the local community, promotes the educational goals of the program and ensures the safety of all students. In order to achieve this, we have created a Code of Conduct that all students are expected to follow.
Supervision: Due to safety reasons, leaving the Beyond Sports Campus without permission or supervision, or abandoning the group while out in the community is grounds for expulsion. Because students are living in a country different from their own, students must always remain with the group or with a program staff member. At clearly defined times program staff may allow students to move freely within a pre-defined area, accompanied by a fellow student. At times during unstructured time students may be amongst themselves and not overseen by Beyond Sports program staff. During such times it is especially important that the student respect the safety rules and guidelines and exercise caution and good judgement in order to provide his or her safety and wellbeing. The student understands that they are not allowed to leave the group while outside the Beyond Sports Campus without permission from Beyond Sports Program Staff. If the Student chooses to leave the group at any time without first notifying staff, they may be asked to leave the program early due to safety reasons. If a Student needs to stay back at Beyond Sports Campus for any reason, he or she should approach a staff member to discuss their needs rather than staying back without informing staff.
Personal Safety & Wellbeing: Students must be responsible for their personal safety and wellbeing. This includes taking prescriptions as advised by their doctor, staying hydrated, putting on sunscreen, using insect repellent (if advised for location), wearing culturally and weather appropriate attire, eating three meals per day, and discussing any concerns, needs, or ailments directly with Program Staff. Students must display respectful listening and follow all rules set forth by any Program Staff or adult in charge of the group.
No Tolerance of Alcohol, Tobacco Products and Other Drugs: The possession, consumption, attempted sale or purchase of alcoholic beverages, tobacco products, or any illicit or illegal drugs, or assisting others to engage in such activity, is strictly prohibited during the program - even if permitted by local laws or by laws of the student's home country, and any violation of this rule may result in immediate expulsion from the program based on Beyond Sports Staff’s best judgement and understanding of the situation. Program staff reserves the right to search student belongings at their discretion in cases where drug, tobacco or alcohol possession is suspected. Smoking tobacco, vaping products of any kind, using tobacco products is prohibited on all Beyond Sports programs, even with parental consent. Items that are in violation of the no tolerance policy will be confiscated by staff and will not be returned to the Student. Students are responsible for reporting any serious misconduct that they witness to a program staff member. If a student chooses not to report, they are also in violation of the Code of Conduct and the situation will be handled accordingly.
Knives and Other Weapons: Knives, slingshots, machetes, and other items that can be utilized as weapons are not allowed on Beyond Sports programs.
Body Alterations: No body alterations, including tattoos or piercings are to be obtained while on a Beyond Sports program, even with parental consent.
Sex and Sexual Acts and Sexual Harassment: In order to promote an experience that is safe and
inclusive of all students, and also respectful of local cultural norms, students are not permitted to engage in sexual acts during Beyond Sports programs. Students are not allowed to enter the sleeping quarters of those of the opposite gender or any room not assigned to them, unless given direct permission by a program staff member. Doing so will result in consequences that could lead to dismissal from the program. Students will refrain from engaging in inappropriate actions while on the program to ensure emotional and physical safety for all participants, and are encouraged to report any meaningful violations directly to staff members. Inappropriate actions include without limitation: Gender harassment, seductive behavior or imposition, solicitation of sexual activity by promise of reward or threat of punishment, assault, unwanted physical contact, comments or actions which criticize a person based upon gender or sexuality, whistling or making animalistic noises towards an individual, repeatedly standing too close or brushing up against a person, giving gifts or leaving objects that are sexually suggestive, repeatedly asking a person to socialize when he/she has said no or has indicated disinterest, or the display and/or distribution (virtually or physically) of offensive, sexually graphic materials.
Water Safety: Students are only allowed to swim under adult supervision. Students must obey all rules laid out by lifeguards or supervisory staff. Students may not swim alone or participate in any unauthorized water sport.
Respect of Local Cultural Norms: Students must respect the local cultural norms. Beyond Sports staff will advise students about culturally appropriate behavior and clothing, and students must comply. Adhering to local dress codes is a crucial element in maintaining strong relationships with the communities with whom we work. Students will often be interacting in a foreign language during the program and should practice patience and respect in these engagements.
Cell Phones: Beyond Sports strives to create an environment that encourages students to unplug and forge connections between fellow students and the local community. Cell phones, electronics, and Wi-Fi access create distractions that affect students' ability to be present and fully process their experience abroad. Cell phones, including pre-purchased data plans and talk, may be used only at times designated by staff. Designated times vary greatly by program structure and will be introduced at the beginning of the program by staff. If cell phone use is causing a distraction, affecting the group dynamic, or is contributing to disrespectful or disengaged behavior, staff will limit access to phones and may confiscate phones or other electronic devices without prior warning.
Respect for Beyond Sports Program Staff and Students: Students must show decency, civility, and respect towards each other and Beyond Sports program staff members. The use of insensitive or otherwise offensive language or behavior or engaging in behavior disruptive to the goals of the program may be grounds for disciplinary action. Beyond Sports students come from all walks of life and Beyond Sports embraces diversity and actively fosters a culture of acceptance, inclusivity and tolerance, regardless of race, ethnicity, gender identity, sexual orientation, religion or socioeconomic status. The use of bullying tactics before, during, or after program start which include insensitive or otherwise offensive language or behavior or engaging in behavior disruptive to the goals of the program may be grounds for disciplinary action. We define bullying as harassment, intimidation or any act intended to exclude or cause harm to another personal physically or psychologically. Verbal or physical threats of violence towards other students or program staff and/or play fighting will not be tolerated, and will result in immediate removal from the program.
Essential Eligibility Criteria: In addition to abiding by the Code of Conduct, Beyond Sports Students are expected to meet the following eligibility criteria. These criteria are not intended to be exclusionary, but to honestly identify the fundamental elements of participation so that every participant may have a safe and meaningful experience. Failure to meet essential eligibility criteria, through non-disclosure or other, may also result in removal from the program. Please discuss with our team for any further clarification or
concerns.
Navigate and travel independently from home to program site, independently manage daily personal care, and cope with various environmental challenges (heat, cold, altitude, insects, change in diet, etc.). For participants to engage in most program activities it is recommended they are able to walk unassisted distances over 1 mile, be able to lift items weighing 40 lbs, and follow detailed instructions to avoid hazards. Participants may choose to opt out of activities in consultation with program staff and parents. Effectively communicate to staff directly if they are under stress and needing assistance, able to exercise sound judgment in the absence of direct supervision.
Exhibit self-management techniques in relation to mental health and self-care while abroad. Techniques include the ability to proactively seek help from Beyond Sports staff, acknowledgment of being away from regularly scheduled mental health counseling, and the ability to self-administer ongoing medical treatment while away from their home support system.
Recognize risks and hazards presented by Beyond Sports staff in English during the program and comply with recommended preventive measures, while also maintaining a reasonable level of situational awareness appropriate to circumstances.
Violations of the Code of Conduct will trigger disciplinary action which could include expulsion from the Beyond Sports program or a complete elimination or reduction of credited community service hours. While most Code of Conduct violations result in immediate expulsion from the program, there may be instances where a verbal warning or written contract may precede expulsion when deemed appropriate by Program Staff. In the case of expulsion, the student will be sent home on the next available flight at the expense of the student’s parents or legal guardians.
Exhibit B. Medical Consent
As the parent or legal guardian of [Traveler First Name] [Traveler Last Name] (the “Student”), I hereby appoint the Program Director of the Beyond Sports Program in which the Student is participating, or anybody designated by such Director, to act on my behalf, in loco parentis, in the event that the signature of a parent or guardian is required to consent to medical treatment on the Student in the event of an emergency.
By signing below, Participant acknowledges that said he/she has read, understands, and agrees to the
information presented herein, and any separate documents that are mentioned herein, and hereby
agrees to the Beyond Sports terms and conditions set forth herein, including without limitation, the
Waiver, Code of Conduct, and Medical Consent Form.