| Course Terms and Conditions |
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arranged by Research Cam or BLACK LEOPARD WILDLIFE CAMPUS.
The term Company shall mean Research Cam and or BLACK LEOPARD WILDLIFE CAMPUS The term Course Leaders means the leader(s) on the
allocated Course, to whom the student must report and whose rules the student must abide by. The term Service means the services, as set
out in clause 2 below, to be provided by the company to the student.
1.2 The headings in this Agreement are for convenience only and should not affect their interpretation.
2. The Service Provided
2.1 The company shall provide the Service described below to the student, subject to the terms of this Agreement.
2.2 The company reserves the right to refuse to offer the Service to anyone for any reason.
2.3 The Service shall consist of:
2.3.1 Organising and setting up Courses and/or other course(s) as agreed upon between the company and the student in writing
2.3.2 Arranging pre-departure briefings through, the companies field representatives, online at the company’s website www.researchcam.com
or on the telephone.
2.3.3 Arranging suitable accommodation and food (where applicable) during the period of the students involvement in the training course.
2.3.4 Arranging Course Leaders to lead and manage projects where required
2.3.5 Arranging the provision of training course equipment, training and training materials relevant to the training course, where applicable
3. Students Obligations
3.1 By participating in a training course the Student accepts that the standard of living, including food, hygiene and accommodation in the
relevant country may be below the general standards of their own country.
3.2 The Student is responsible for his/her own travel arrangements, expenses and insurance during the Student Course. The Student is
obliged to secure travel and medical insurance to protect the Student against losses caused by travel arrangement cancellation, loss or
damage of baggage, non-refundable airfare and/or emergency medical expenses. In the event that THE COMPANY advances any monies to or
on behalf of the Student, the Student shall reimburse such monies to THE COMPANY immediately upon conclusion of the Student Course. It is
a condition of booking that all Students have a valid travel insurance policy to cover the entire duration of their trip which extends to include
manual conservation and Student work. If you are unable to provide documentary evidence of a valid insurance, your booking may be
cancelled at the sole discretion of THE COMPANY without any refund.
3.3 The Student represents and warrants that all information and records provided to THE COMPANY relating to the Student, the Students
medical history and the Student's medical statement are accurate and truthful and provide THE COMPANY with a clear indication of the
Student's state of health.
3.4 The Student understands that he/she is under a duty to inform THE COMPANY in advance of the Student Course of any medication
requirements, any allergies and any other physical or mental condition or limitation that might disable or render the Student unable to perform
or safely complete the Student Course. The Student is the best judge of his/her own condition and limitations, and the Student acknowledges
that it is incumbent on him/her to fully disclose the extent of any conditions or limitations. The Student represents, warrants and affirms that
he/she has discussed this Student Course, its remote location, potential risks and physical and mental demands with his/her personal
physician, and that the Student is physically and emotionally fit and able to undertake this Student Course. The Student agrees to notify THE
COMPANY of any physical and medical condition at least 4 weeks prior to departure and also of any changes in his/her physical and medical
condition occurring after the Students signing of this Agreement. THE COMPANY reserves the right to require documentation from a doctor or
specialist verifying that the Student is fit and able to undertake this course and THE COMPANY reserves the right to reject a booking on the
grounds of the doctor's comments. THE COMPANY shall not in any event be held liable for any consequence arising out of the Students failure
to take advice or medication as prescribed by a medical practitioner both prior to departure and during the Student Course. THE COMPANY
reserves the right to reject applicants who require special medical care. The Student acknowledges and agrees that THE COMPANY reserves
the right to accept or reject any person as a Student at any time, or to require a Student to withdraw from an Student Course at any time if it is
determined in a Student Course Leaders sole discretion that it is the best interest of the Student's health and safety, and/or in the best
interest of the Student Course in general.
3.5 The Student agrees to take personal responsibility for insuring the Students own personal effects and THE COMPANY cannot be held liable
for any loss or damage of personal effects.
3.6 The Student is responsible for ensuring that he / she has a valid passport, any necessary visa, permits and vaccinations and has obtained
and supplied all relevant valid documentation for the Student Course in terms of travel documents and medical documents.
3.7 THE COMPANY cannot be held responsible for a country's decision to refuse entry, exit or the right of passage (national and local laws
governing immigration). All Students must ensure that they contact the relevant Embassy to acquire the relevant Visa or Tourist Permit prior to
commencing the Student Course.
3.8 The Student shall comply with all relevant laws, regulations and customs of the countries visited on Student Course. In the event of a
contravention of these laws, the Student Course Leader or THE COMPANY shall have the right to require the Student to leave the Student
Course and no liability on the part of THE COMPANY shall arise whatsoever.
3.9 The Student will at all times respect and follow local laws and culture of the host country and behave in a responsible and courteous
manner. Each Student has a duty of care to each other, to local people, to host country nationals participating in the Student Courses and to
THE COMPANY. Students shall follow the reasonable instructions of the Student Course Leaders during the Student Course.
3.10 As representatives of THE COMPANY within the host country, the Student must respect THE COMPANY's aims and objectives and not
wilfully or recklessly seek to damage relations between THE COMPANY, the Student Course and/or the host country. The Student must not
misrepresent THE COMPANY in any way which would seek to undermine or damage relations between THE COMPANY and the host country.
3.11 The Student shall at all times respect and follow the health and safety procedures as set out by THE COMPANY, the Student Course
leaders and/or the representative in the host country.
4. Charges
4.1 Subject to any special terms agreed, the Student must pay THE COMPANY's standard charge as published on THE COMPANY's website www.
researchcam.com. The published prices on THE COMPANY's website are valid for 30 days only and Students are advised to check the site
regularly for the most recent prices and up to date information. Once a Student has confirmed their booking and paid the deposit, they shall
pay the remaining sum which was the published price as at the time of booking.
4.2 The non-refundable deposit payment of shall be payable by the Student to THE COMPANY immediately upon receipt of the confirmation of
booking.
4.3 The outstanding balance must be paid by the Student no later than 45 days prior to departure if, for any reason, the Student does not make
full payment by this date, then THE COMPANY reserves the right to offer the Student's placement to someone else, without any refund to the
Student. The total payment (i.e. the deposit and remaining sum paid) shall become non-refundable 45 days prior to the Student Course start
date. Failure to timely pay the outstanding balance will result in the Student's placement to be cancelled, without liability on the part of THE
COMPANY.
5. Warranties, Liabilities and Assumption of Risk
5.1 THE COMPANY warrants to the Student that the Service will be provided using reasonable care and skill and, as far as is reasonably
possible, in accordance with the description of the Service.
5.2 Any information provided by THE COMPANY, including but not limited to information about visas, vaccinations, healthcare, climate,
baggage, group sizes and special equipment is given in good faith for information and educational purposes only but without responsibility on
the part of THE COMPANY
5.3 Except in respect of death or personal injury caused by THE COMPANY's gross negligence, THE COMPANY's responsibility for any
representation (unless fraudulent), or any other act or omission shall not exceed the amount of THE COMPANY's charges as set out in Clause
4.1 for the provision of the Service. Any liability by THE COMPANY and/or its employees and/or its agents is limited to a maximum amount of
£500. In particular THE COMPANY shall have no responsibility for any activities undertaken by the Student outside the scope of those directly
relating to the Student Course. No warranty is given in respect of any activities outside the scope of those relating to the Student Course and
it is the Student's responsibility to ensure that any person or company offering any activities possesses the requisite care and skill. The term
outside of scope as used in this clause shall mean any and all actions or activities undertaken by Student that were not arranged or procured
by THE COMPANY, its employees or agents.
5.5 Student understands that certain risks may arise, including, but not limited to hazards associated with there not always be protection in the
form of fences, buildings and vehicles in which to take cover in potentially dangerous circumstances and that hazards such as potentially
dangerous animals including elephant, lion, hyena, buffalo, rhinoceros, leopard, hippo, crocodile, buck, warthog, bush pig, wild beast as well
as poisonous snakes, insects and plants may be encountered (Each student must be alert to these potential dangers).Hazards from rivers and
dams may contain bilharzias and sickness may result upon entry or consumption of such waters. Swimming, bathing, drinking and washing
must be taken in accordance with the students; medical practitioners’ advice. Malaria in Southern Africa more particularly whilst
entering malaria areas in (Malaria prophylactics must be taken in accordance with the students medical practitioner's advice before entering a
malaria area). Exposure to the sun and heat; directly or indirectly- and that serious sunburn and heat exhaustion may result from unprotected
exposure (Care must be taken for adequate protection and fluids to be drunk). Hazards of travelling in remote areas; travel by automobile,
van, bus, plain, train or any other means of conveyance; the forces of nature; civil disturbances; national or international conflicts; terrorism;
arbitrary itinerary changes made by foreign governments or vendors; accident or illness in remote locations without immediate evacuation or
medical facilities; or negligent acts of third parties. Student hereby asserts that he/she knows, understands and appreciates these and other
risks inherent in the Student Course and asserts that his/her participation is completely voluntary and assumes all risk associated with the
Student Course and will hold THE COMPANY and its agents and employees harmless from and indemnify them for any and all claims, actions,
suits, procedures, costs, expenses, damages and liabilities, including attorney's fees, which may arise in connection with Student's
participation in this Student Course or any activities arranged by or for Student by THE COMPANY, its agents or employees. The Student
further expressly agrees that the foregoing waiver and assumption of risks is intended to be as broad and inclusive as is permitted by
applicable law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and
effect. The terms of this agreement shall further extend to Student's heirs, personal representatives, successors and assigns.
5.6 The warranty contained in this section is the sole and exclusive warranty as to the Service provided hereunder, and shall supersede any
express or implied warranties, in fact or law, including, without limitation, warranties of merchantability or fitness for a particular purpose and
THE COMPANY will not be liable under any circumstances with respect to any subject matter of this agreement under any contract, negligence,
tort, strict liability or other legal or equitable theory for any incidental, consequential, special or exemplary damages (including, without
limitation, loss of revenue or loss of profits or lost business), even if THE COMPANY has been advised of the possibility of such damages.
Further, notwithstanding anything to the contrary contained in this agreement, in no event will THE COMPANY's cumulative liability to Student
arising out of or relating to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory exceed
the total charges, as set out in clause 4.1, actually paid under this agreement.
6. Complaints
6.1 If the Student wishes to make a complaint in relation to the Student Course, he/she shall bring the complaint to the attention of the Student
Course Leader or the representative in the host country, who shall use his/her reasonable efforts to resolve the complaint within a
reasonable time.
6.2 If the Student Course Leader or the representative in the host country is unable to resolve a serious complaint, and the Student leaves
the Student Course before the completion date, the Student shall provide the Student Course Leader or the representative in the host
country with a written version of events prior to Student's departure.
6.3 No compensation shall be given to the Student, unless there are extreme circumstances, which shall be determined at the sole discretion
of THE COMPANY. The Student agrees that under no circumstances shall THE COMPANY be liable for damages or compensation arising from
any claim related to the assessment of inconvenience, disappointment, discomfort or loss of enjoyment.
7. Physical and Intellectual Property
7.1 All equipment and resources provided by THE COMPANY both prior to and throughout the duration of the Student Course (including
teaching manuals) remain the property of THE COMPANY and must be returned on completion of the Student Course.
7.2 The Student shall replace any property that is lost or damaged through his/her careless or otherwise negligent behaviour.
7.3 All research, data, reports, photographs and documentation relating to the Student Course and THE COMPANY projects provided by THE
COMPANY, shall remain the property of THE COMPANY without compensation or further recourse to Student. THE COMPANY retains the rights
over the use and dissemination of such materials for its commercial and promotional purposes, including, but not limited to, the posting of any
photographs containing an image of the Student while on the Student Course on its website, brochures, or other marketing, promotional or
informational medium.
8. Data Protection
8.1 It may be necessary for THE COMPANY to pass data about the Student to countries outside of the European Economic Area (EEA) from time
to time. The Student hereby agrees that THE COMPANY may disclose his/her personal data, including any sensitive personal data such as
relevant medical history, to the Student Course Leaders and any other representatives in the host countries.
8.2 From time to time THE COMPANY shares Student contact information with other Students in order to enhance pre-departure support, allow
direct communication between participants on similar courses and allow prospective Students to communicate with former Students. The
Student hereby agrees that THE COMPANY may disclose his/her contact information to other Students or potential Students.
9. Termination and Expulsion
9.1 THE COMPANY reserves the right to deny from participating in or otherwise to expel from the Student Course any Student who is in breach
of any term of this Agreement.
9.2 Without prejudice to the generality of clause 9.1 above the following will result in automatic expulsion :
9.2.1 Possession / taking / supplying of illegal or illicit substances. The question of whether the substances are illegal or illicit is to be
governed by the jurisdiction of the state where the acts take place;
9.2.2 Displaying cruel, thoughtless or rude behaviour or committing acts which could injure or harm a member of the Student Course
(including a staff member), or any other person;
9.2.3 Disobeying THE COMPANY's, the Student Course Leader's or the representative in the host country's instructions in relation to health
and safety;
9.2.4 Committing an act or displaying behaviour which could jeopardise future THE COMPANY Student Courses within the host country or lead
to the souring of relations between THE COMPANY and the host communities or country; and
9.2.5 Breaking local laws.9.3 Expulsion will be carried out by the Student Course Leader at THE COMPANY's own discretion and is not subject
to appeal.
9.4 In all such cases the Student will not be entitled to any reimbursement from THE COMPANY, nor will THE COMPANY be responsible for any
additional costs incurred by the Student as a result of expulsion.
10 Currency of Agreement and Cancellation
10.1 The Student will be entitled to cancel this Agreement at any time up until 45 days before departure. In the event of timely cancellation, the
Student shall not be entitled to a refund of the deposit, but will be entitled to a refund of any other monies paid.
10.2 The Student will be allowed to transfer his/her Student Course at any time up until 45 days before departure. In the event of a transfer, a
transfer fee of £250 shall be paid to THE COMPANY. Date changes for the same Student Course are not subject to charges if made at least 45
days prior to departure. One date change only will be permitted and date of travel must be confirmed within 2 weeks of notification of transfer.
Any change of placement shall be at THE COMPANY's discretion. There will be no refund if the Student transfers to an Student Course which is
less expensive than the one originally booked.
10.3 THE COMPANY reserves the right to cancel or curtail the Student Course if, in its sole discretion, it believes that circumstances warrant it.
This shall include cancellation because of Force Majeure (as described below). In the event of cancellation of the Student Course, the Student
shall be entitled to any monies paid less any irrecoverable expenditure on the part of THE COMPANY which has already been spent in relation
to the preparation of the Student Course.
10.4 If THE COMPANY cancels the Student Course, the Student will be entitled to a refund:
10.4.1 In the case of cancellation by THE COMPANY before departure, whether within or beyond THE COMPANY's control, the Student shall be
entitled to their deposit and any monies paid less £200 to cover THE COMPANY's costs, and less any other irrecoverable expenditure on the
part of THE COMPANY which has already been spent. THE COMPANY shall not be held liable for any incidental expenses incurred by Student
as a result of any other arrangements that Student may have made; and
10.4.2 In the case of curtailment, the Student shall be entitled to a reasonable proportion of the total charge from which any irrecoverable
expenditure is deducted.
10.5 In all of the above cases where there is a cancellation, THE COMPANY's first recourse shall be to place the Student on an alternative
Student Course. THE COMPANY shall use reasonable efforts to match any alternative Student Course in accordance with the Student's
preferences.
10.6 In all of the above cases, either party shall give written notice to the other of cancellation, and any refund or alternative placement given
to the Student shall be considered to be in full and final settlement of all and any liability owed by THE COMPANY to the Student.
11 Force Majeure
11.1 Notwithstanding any other provision of this Agreement, THE COMPANY shall not be deemed to be in breach of this Agreement or
otherwise be liable for any delay in performance or non-performance of any of its obligations under this Agreement to the extent that the delay
or non-performance is due to any circumstances beyond its reasonable control, including but not limited to Acts of God, war, acts of terrorism,
riot or civil commotion, fire, strike and government or other official intervention.
12 Family Student
12.1 If travelling as the legal guardian of an accompanied child, you will be entering into this agreement on their behalf by completing your
application.
13 General
13.1 This Agreement constitutes the entire Agreement between the parties and shall apply to all Student Courses and/or other courses
provided by THE COMPANY and undertaken by the Student. The invalidity or unenforceability of any particular provision of this Agreement
shall not affect the other provisions of this Agreement.
13.2 Any notice required or permitted to be given by one party to this Agreement to the other shall be in writing addressed to that other party:
in the case of THE COMPANY, its registered office or principal place of business, in the Student's case to the Student's address as stated in
this Agreement or being given to the Student in person or by delivery to the Student's last known place of residence outside the jurisdiction
of the UK.
13.3 No waiver by either party of any breach of contract by the other shall be considered as constituting the waiver of any subsequent breach
of contract or any other provision of this Agreement.
13.4 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of
this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Act.
13.5 English Law shall apply to this Agreement and the parties agree to submit to the exclusive jurisdiction of the English Courts.
I HAVE READ THE WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT CONTAINED IN SECTION 5.5 OF THIS AGREEMENT,
FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS. I ACKNOWLEDGE THAT I AM SIGNING THIS
AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY COMPLETION OF MY APPLICATION TO AGREE TO A COMPLETE AND UNCONDITIONAL
RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
The term Company shall mean Research Cam and or BLACK LEOPARD WILDLIFE CAMPUS The term Course Leaders means the leader(s) on the
allocated Course, to whom the student must report and whose rules the student must abide by. The term Service means the services, as set
out in clause 2 below, to be provided by the company to the student.
1.2 The headings in this Agreement are for convenience only and should not affect their interpretation.
2. The Service Provided
2.1 The company shall provide the Service described below to the student, subject to the terms of this Agreement.
2.2 The company reserves the right to refuse to offer the Service to anyone for any reason.
2.3 The Service shall consist of:
2.3.1 Organising and setting up Courses and/or other course(s) as agreed upon between the company and the student in writing
2.3.2 Arranging pre-departure briefings through, the companies field representatives, online at the company’s website www.researchcam.com
or on the telephone.
2.3.3 Arranging suitable accommodation and food (where applicable) during the period of the students involvement in the training course.
2.3.4 Arranging Course Leaders to lead and manage projects where required
2.3.5 Arranging the provision of training course equipment, training and training materials relevant to the training course, where applicable
3. Students Obligations
3.1 By participating in a training course the Student accepts that the standard of living, including food, hygiene and accommodation in the
relevant country may be below the general standards of their own country.
3.2 The Student is responsible for his/her own travel arrangements, expenses and insurance during the Student Course. The Student is
obliged to secure travel and medical insurance to protect the Student against losses caused by travel arrangement cancellation, loss or
damage of baggage, non-refundable airfare and/or emergency medical expenses. In the event that THE COMPANY advances any monies to or
on behalf of the Student, the Student shall reimburse such monies to THE COMPANY immediately upon conclusion of the Student Course. It is
a condition of booking that all Students have a valid travel insurance policy to cover the entire duration of their trip which extends to include
manual conservation and Student work. If you are unable to provide documentary evidence of a valid insurance, your booking may be
cancelled at the sole discretion of THE COMPANY without any refund.
3.3 The Student represents and warrants that all information and records provided to THE COMPANY relating to the Student, the Students
medical history and the Student's medical statement are accurate and truthful and provide THE COMPANY with a clear indication of the
Student's state of health.
3.4 The Student understands that he/she is under a duty to inform THE COMPANY in advance of the Student Course of any medication
requirements, any allergies and any other physical or mental condition or limitation that might disable or render the Student unable to perform
or safely complete the Student Course. The Student is the best judge of his/her own condition and limitations, and the Student acknowledges
that it is incumbent on him/her to fully disclose the extent of any conditions or limitations. The Student represents, warrants and affirms that
he/she has discussed this Student Course, its remote location, potential risks and physical and mental demands with his/her personal
physician, and that the Student is physically and emotionally fit and able to undertake this Student Course. The Student agrees to notify THE
COMPANY of any physical and medical condition at least 4 weeks prior to departure and also of any changes in his/her physical and medical
condition occurring after the Students signing of this Agreement. THE COMPANY reserves the right to require documentation from a doctor or
specialist verifying that the Student is fit and able to undertake this course and THE COMPANY reserves the right to reject a booking on the
grounds of the doctor's comments. THE COMPANY shall not in any event be held liable for any consequence arising out of the Students failure
to take advice or medication as prescribed by a medical practitioner both prior to departure and during the Student Course. THE COMPANY
reserves the right to reject applicants who require special medical care. The Student acknowledges and agrees that THE COMPANY reserves
the right to accept or reject any person as a Student at any time, or to require a Student to withdraw from an Student Course at any time if it is
determined in a Student Course Leaders sole discretion that it is the best interest of the Student's health and safety, and/or in the best
interest of the Student Course in general.
3.5 The Student agrees to take personal responsibility for insuring the Students own personal effects and THE COMPANY cannot be held liable
for any loss or damage of personal effects.
3.6 The Student is responsible for ensuring that he / she has a valid passport, any necessary visa, permits and vaccinations and has obtained
and supplied all relevant valid documentation for the Student Course in terms of travel documents and medical documents.
3.7 THE COMPANY cannot be held responsible for a country's decision to refuse entry, exit or the right of passage (national and local laws
governing immigration). All Students must ensure that they contact the relevant Embassy to acquire the relevant Visa or Tourist Permit prior to
commencing the Student Course.
3.8 The Student shall comply with all relevant laws, regulations and customs of the countries visited on Student Course. In the event of a
contravention of these laws, the Student Course Leader or THE COMPANY shall have the right to require the Student to leave the Student
Course and no liability on the part of THE COMPANY shall arise whatsoever.
3.9 The Student will at all times respect and follow local laws and culture of the host country and behave in a responsible and courteous
manner. Each Student has a duty of care to each other, to local people, to host country nationals participating in the Student Courses and to
THE COMPANY. Students shall follow the reasonable instructions of the Student Course Leaders during the Student Course.
3.10 As representatives of THE COMPANY within the host country, the Student must respect THE COMPANY's aims and objectives and not
wilfully or recklessly seek to damage relations between THE COMPANY, the Student Course and/or the host country. The Student must not
misrepresent THE COMPANY in any way which would seek to undermine or damage relations between THE COMPANY and the host country.
3.11 The Student shall at all times respect and follow the health and safety procedures as set out by THE COMPANY, the Student Course
leaders and/or the representative in the host country.
4. Charges
4.1 Subject to any special terms agreed, the Student must pay THE COMPANY's standard charge as published on THE COMPANY's website www.
researchcam.com. The published prices on THE COMPANY's website are valid for 30 days only and Students are advised to check the site
regularly for the most recent prices and up to date information. Once a Student has confirmed their booking and paid the deposit, they shall
pay the remaining sum which was the published price as at the time of booking.
4.2 The non-refundable deposit payment of shall be payable by the Student to THE COMPANY immediately upon receipt of the confirmation of
booking.
4.3 The outstanding balance must be paid by the Student no later than 45 days prior to departure if, for any reason, the Student does not make
full payment by this date, then THE COMPANY reserves the right to offer the Student's placement to someone else, without any refund to the
Student. The total payment (i.e. the deposit and remaining sum paid) shall become non-refundable 45 days prior to the Student Course start
date. Failure to timely pay the outstanding balance will result in the Student's placement to be cancelled, without liability on the part of THE
COMPANY.
5. Warranties, Liabilities and Assumption of Risk
5.1 THE COMPANY warrants to the Student that the Service will be provided using reasonable care and skill and, as far as is reasonably
possible, in accordance with the description of the Service.
5.2 Any information provided by THE COMPANY, including but not limited to information about visas, vaccinations, healthcare, climate,
baggage, group sizes and special equipment is given in good faith for information and educational purposes only but without responsibility on
the part of THE COMPANY
5.3 Except in respect of death or personal injury caused by THE COMPANY's gross negligence, THE COMPANY's responsibility for any
representation (unless fraudulent), or any other act or omission shall not exceed the amount of THE COMPANY's charges as set out in Clause
4.1 for the provision of the Service. Any liability by THE COMPANY and/or its employees and/or its agents is limited to a maximum amount of
£500. In particular THE COMPANY shall have no responsibility for any activities undertaken by the Student outside the scope of those directly
relating to the Student Course. No warranty is given in respect of any activities outside the scope of those relating to the Student Course and
it is the Student's responsibility to ensure that any person or company offering any activities possesses the requisite care and skill. The term
outside of scope as used in this clause shall mean any and all actions or activities undertaken by Student that were not arranged or procured
by THE COMPANY, its employees or agents.
5.5 Student understands that certain risks may arise, including, but not limited to hazards associated with there not always be protection in the
form of fences, buildings and vehicles in which to take cover in potentially dangerous circumstances and that hazards such as potentially
dangerous animals including elephant, lion, hyena, buffalo, rhinoceros, leopard, hippo, crocodile, buck, warthog, bush pig, wild beast as well
as poisonous snakes, insects and plants may be encountered (Each student must be alert to these potential dangers).Hazards from rivers and
dams may contain bilharzias and sickness may result upon entry or consumption of such waters. Swimming, bathing, drinking and washing
must be taken in accordance with the students; medical practitioners’ advice. Malaria in Southern Africa more particularly whilst
entering malaria areas in (Malaria prophylactics must be taken in accordance with the students medical practitioner's advice before entering a
malaria area). Exposure to the sun and heat; directly or indirectly- and that serious sunburn and heat exhaustion may result from unprotected
exposure (Care must be taken for adequate protection and fluids to be drunk). Hazards of travelling in remote areas; travel by automobile,
van, bus, plain, train or any other means of conveyance; the forces of nature; civil disturbances; national or international conflicts; terrorism;
arbitrary itinerary changes made by foreign governments or vendors; accident or illness in remote locations without immediate evacuation or
medical facilities; or negligent acts of third parties. Student hereby asserts that he/she knows, understands and appreciates these and other
risks inherent in the Student Course and asserts that his/her participation is completely voluntary and assumes all risk associated with the
Student Course and will hold THE COMPANY and its agents and employees harmless from and indemnify them for any and all claims, actions,
suits, procedures, costs, expenses, damages and liabilities, including attorney's fees, which may arise in connection with Student's
participation in this Student Course or any activities arranged by or for Student by THE COMPANY, its agents or employees. The Student
further expressly agrees that the foregoing waiver and assumption of risks is intended to be as broad and inclusive as is permitted by
applicable law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and
effect. The terms of this agreement shall further extend to Student's heirs, personal representatives, successors and assigns.
5.6 The warranty contained in this section is the sole and exclusive warranty as to the Service provided hereunder, and shall supersede any
express or implied warranties, in fact or law, including, without limitation, warranties of merchantability or fitness for a particular purpose and
THE COMPANY will not be liable under any circumstances with respect to any subject matter of this agreement under any contract, negligence,
tort, strict liability or other legal or equitable theory for any incidental, consequential, special or exemplary damages (including, without
limitation, loss of revenue or loss of profits or lost business), even if THE COMPANY has been advised of the possibility of such damages.
Further, notwithstanding anything to the contrary contained in this agreement, in no event will THE COMPANY's cumulative liability to Student
arising out of or relating to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory exceed
the total charges, as set out in clause 4.1, actually paid under this agreement.
6. Complaints
6.1 If the Student wishes to make a complaint in relation to the Student Course, he/she shall bring the complaint to the attention of the Student
Course Leader or the representative in the host country, who shall use his/her reasonable efforts to resolve the complaint within a
reasonable time.
6.2 If the Student Course Leader or the representative in the host country is unable to resolve a serious complaint, and the Student leaves
the Student Course before the completion date, the Student shall provide the Student Course Leader or the representative in the host
country with a written version of events prior to Student's departure.
6.3 No compensation shall be given to the Student, unless there are extreme circumstances, which shall be determined at the sole discretion
of THE COMPANY. The Student agrees that under no circumstances shall THE COMPANY be liable for damages or compensation arising from
any claim related to the assessment of inconvenience, disappointment, discomfort or loss of enjoyment.
7. Physical and Intellectual Property
7.1 All equipment and resources provided by THE COMPANY both prior to and throughout the duration of the Student Course (including
teaching manuals) remain the property of THE COMPANY and must be returned on completion of the Student Course.
7.2 The Student shall replace any property that is lost or damaged through his/her careless or otherwise negligent behaviour.
7.3 All research, data, reports, photographs and documentation relating to the Student Course and THE COMPANY projects provided by THE
COMPANY, shall remain the property of THE COMPANY without compensation or further recourse to Student. THE COMPANY retains the rights
over the use and dissemination of such materials for its commercial and promotional purposes, including, but not limited to, the posting of any
photographs containing an image of the Student while on the Student Course on its website, brochures, or other marketing, promotional or
informational medium.
8. Data Protection
8.1 It may be necessary for THE COMPANY to pass data about the Student to countries outside of the European Economic Area (EEA) from time
to time. The Student hereby agrees that THE COMPANY may disclose his/her personal data, including any sensitive personal data such as
relevant medical history, to the Student Course Leaders and any other representatives in the host countries.
8.2 From time to time THE COMPANY shares Student contact information with other Students in order to enhance pre-departure support, allow
direct communication between participants on similar courses and allow prospective Students to communicate with former Students. The
Student hereby agrees that THE COMPANY may disclose his/her contact information to other Students or potential Students.
9. Termination and Expulsion
9.1 THE COMPANY reserves the right to deny from participating in or otherwise to expel from the Student Course any Student who is in breach
of any term of this Agreement.
9.2 Without prejudice to the generality of clause 9.1 above the following will result in automatic expulsion :
9.2.1 Possession / taking / supplying of illegal or illicit substances. The question of whether the substances are illegal or illicit is to be
governed by the jurisdiction of the state where the acts take place;
9.2.2 Displaying cruel, thoughtless or rude behaviour or committing acts which could injure or harm a member of the Student Course
(including a staff member), or any other person;
9.2.3 Disobeying THE COMPANY's, the Student Course Leader's or the representative in the host country's instructions in relation to health
and safety;
9.2.4 Committing an act or displaying behaviour which could jeopardise future THE COMPANY Student Courses within the host country or lead
to the souring of relations between THE COMPANY and the host communities or country; and
9.2.5 Breaking local laws.9.3 Expulsion will be carried out by the Student Course Leader at THE COMPANY's own discretion and is not subject
to appeal.
9.4 In all such cases the Student will not be entitled to any reimbursement from THE COMPANY, nor will THE COMPANY be responsible for any
additional costs incurred by the Student as a result of expulsion.
10 Currency of Agreement and Cancellation
10.1 The Student will be entitled to cancel this Agreement at any time up until 45 days before departure. In the event of timely cancellation, the
Student shall not be entitled to a refund of the deposit, but will be entitled to a refund of any other monies paid.
10.2 The Student will be allowed to transfer his/her Student Course at any time up until 45 days before departure. In the event of a transfer, a
transfer fee of £250 shall be paid to THE COMPANY. Date changes for the same Student Course are not subject to charges if made at least 45
days prior to departure. One date change only will be permitted and date of travel must be confirmed within 2 weeks of notification of transfer.
Any change of placement shall be at THE COMPANY's discretion. There will be no refund if the Student transfers to an Student Course which is
less expensive than the one originally booked.
10.3 THE COMPANY reserves the right to cancel or curtail the Student Course if, in its sole discretion, it believes that circumstances warrant it.
This shall include cancellation because of Force Majeure (as described below). In the event of cancellation of the Student Course, the Student
shall be entitled to any monies paid less any irrecoverable expenditure on the part of THE COMPANY which has already been spent in relation
to the preparation of the Student Course.
10.4 If THE COMPANY cancels the Student Course, the Student will be entitled to a refund:
10.4.1 In the case of cancellation by THE COMPANY before departure, whether within or beyond THE COMPANY's control, the Student shall be
entitled to their deposit and any monies paid less £200 to cover THE COMPANY's costs, and less any other irrecoverable expenditure on the
part of THE COMPANY which has already been spent. THE COMPANY shall not be held liable for any incidental expenses incurred by Student
as a result of any other arrangements that Student may have made; and
10.4.2 In the case of curtailment, the Student shall be entitled to a reasonable proportion of the total charge from which any irrecoverable
expenditure is deducted.
10.5 In all of the above cases where there is a cancellation, THE COMPANY's first recourse shall be to place the Student on an alternative
Student Course. THE COMPANY shall use reasonable efforts to match any alternative Student Course in accordance with the Student's
preferences.
10.6 In all of the above cases, either party shall give written notice to the other of cancellation, and any refund or alternative placement given
to the Student shall be considered to be in full and final settlement of all and any liability owed by THE COMPANY to the Student.
11 Force Majeure
11.1 Notwithstanding any other provision of this Agreement, THE COMPANY shall not be deemed to be in breach of this Agreement or
otherwise be liable for any delay in performance or non-performance of any of its obligations under this Agreement to the extent that the delay
or non-performance is due to any circumstances beyond its reasonable control, including but not limited to Acts of God, war, acts of terrorism,
riot or civil commotion, fire, strike and government or other official intervention.
12 Family Student
12.1 If travelling as the legal guardian of an accompanied child, you will be entering into this agreement on their behalf by completing your
application.
13 General
13.1 This Agreement constitutes the entire Agreement between the parties and shall apply to all Student Courses and/or other courses
provided by THE COMPANY and undertaken by the Student. The invalidity or unenforceability of any particular provision of this Agreement
shall not affect the other provisions of this Agreement.
13.2 Any notice required or permitted to be given by one party to this Agreement to the other shall be in writing addressed to that other party:
in the case of THE COMPANY, its registered office or principal place of business, in the Student's case to the Student's address as stated in
this Agreement or being given to the Student in person or by delivery to the Student's last known place of residence outside the jurisdiction
of the UK.
13.3 No waiver by either party of any breach of contract by the other shall be considered as constituting the waiver of any subsequent breach
of contract or any other provision of this Agreement.
13.4 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of
this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Act.
13.5 English Law shall apply to this Agreement and the parties agree to submit to the exclusive jurisdiction of the English Courts.
I HAVE READ THE WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT CONTAINED IN SECTION 5.5 OF THIS AGREEMENT,
FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS. I ACKNOWLEDGE THAT I AM SIGNING THIS
AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY COMPLETION OF MY APPLICATION TO AGREE TO A COMPLETE AND UNCONDITIONAL
RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
