P4L YES: Parent/Student Agreement
Student Name:_______________________________________________________________
AYUSA, ASSE, ASPECT, CIEE, PIE, ASPECT Foundation, and World Heritage are hereafter referred to as the Placement Organizations, or POs.
Instructions
You and your parents should carefully review this document and must sign all three English-language copies. The third copy and the ‘home’ language version should be removed from this application and kept by your parents. Return the two remaining copies as part of your completed application.
A. Parents Agreement
General Program Policies
We agree with the statement of purpose of the YES program and have given our son or daughter permission to participate in this Program. We and our son or daughter will obey the rules described in the General Program Policies Outline (please see attached document). We understand the original English-language version of this document represents the final authoritative wording of all policies and guidelines.
We affirm that we or any other immediate family member has not applied to emigrate to the U.S. We understand that if application for immigration has been filed, the U.S. Embassy will not issue a visa for the Program to our son or daughter.
We acknowledge that the Program scholarship does not include payment for passports for our son or daughter, and that all such expenses, should there be any, is our responsibility.
We will not visit our son or daughter during his or her participation in the YES program without obtaining written approval from the host family and the Placement Organization. We and our son or daughter understand that each YES participant must abide by the travel rules outlined by his or her assigned placement organization.
We understand that if our son or daughter is selected to receive a scholarship, final acceptance will depend on fulfillment of the medical, placement and academic requirements of the sponsoring student exchange organization.
We agree to release and discharge the YES program organization, its employees, host families, program representatives, and school representatives from any legal liability, claim or demand in connection with:
Travel Policies
We agree that our son or daughter will travel to and from the United States in strict accordance with the travel plans made by the Program.
We will not encourage or permit our son or daughter to travel outside the host community during his or her participation in the Program except in strict accordance with the following requirements:
Where our son or daughter desires to travel outside the host community with and under the supervision of his or her host parent(s), school official or other responsible adult, our son or daughter must first obtain approval for such travel from the YES Program organization.
Where our son or daughter desires to travel outside the host community unaccompanied by his or her host parent(s) school official or other responsible adult, our son or daughter must obtain written approval for such travel from the YES Program organization.
We understand that our son or daughter will be responsible for paying any fees incurred for carrying baggage in excess of the baggage limits set by the airlines used for Program travel. We understand that this provision applies to both international travel and domestic travel within both the U.S. and our home country.
We understand that in making travel arrangements for our son or daughter, the YES Program organization contracts with or use commercial airlines, trains, buses, restaurants, hotels and other entities whose performance and services cannot be controlled by the Program. Consequently, we agree that the YES Program organization is not liable for any of the actions or negligence of such commercial entities including, but not limited to, lost baggage, uncomfortable accommodations, and travel delays. We further agree that the YES Program organization reserves the right to change or alter travel, lodging or other arrangements if they believe that such changes or alterations to be in the best interest of the participants or the Program.
We understand that our son or daughter must return home at the end of the program on the date assigned by the responsible Yes program organization. Changes to the assigned departure date will not be made to accommodate graduation, prom, or other special school or family events that occur after the assigned date. We understand that the US visa issued to our son or daughter will not be amended or extended beyond the program end date. No exceptions will be made to this policy.
School and Host Family Placement
We authorize the YES Program organization and its employees and representatives to change the place of residence or school designated for our son or daughter where they believe such change to be in the best interest of our son or daughter. We understand that we will be notified of any such changes.
We recognize that schools in the U.S. may impose academic standards or other requirements in determining grade level placement that differ from those imposed in theschool our son or daughter now attends. We acknowledge and accept that participation in the program does not guarantee credit or graduation from the school our son or daughter now attends or from the u.s. school he or she will attend while participating in the program. We understand that it is our responsibility to arrange with the school our son or daughter now attends for such credit or graduation upon completion of the Program; or to arrange for permission for academic absence from any institute or university to be attended upon return.
We are aware that the U.S. is a multi-racial, multi-ethnic country providing a diversity of possible living experiences and that there is no single living experience that is typical. We understand that placements are made on the basis of criteria designed to determine suitability of host families and the Program does not discriminate on the basis of race, religion, or ethnic origin, either of students or of host families.
Health/ Medical Issues
We confirm that the information stated in the Student Health From is accurate and contains no material omissions of which we are aware. We affirm that our son or daughter has no chronic physical or emotional disability that has not been mentioned in this Form or which would make participation in the Program inadvisable or unreasonably risky. We will immediately inform the YES program organization of any change in information given. We understand that such new information may require reconsideration of our son’s or daughter’s status in the Program.
We confirm that we have provided a full and complete medical and immunization history on our son/daughter. We understand that U.S. schools absolutely require immunizations, and we agree to allow the Program organization to arrange for all such immunizations, which are required for our son/daughter.
As the applicant’s parents or guardians, we agree to and do hereby, authorize the YES Program organization, its personnel and representatives, and the adult members of the host family, to act for us in any emergency, accident or illness.
Termination from the Program
We understand that our son or daughter may be dismissed from the Program for behavior that the Program, at its discretion, considers detrimental to our son or daughter or to the Program.
We agree that if we violate any provision of this Agreement, or our son or daughter, during his or her stay in the U.S :
Parent Signature and Date
_________________________________________
C. Student Agreement I have read this Agreement and discussed with my parent(s) its terms and conditions. I agree with the purpose of the Program and fully accept all terms and conditions of this Agreement, and all other rules, regulations and conditions set forth concerning the Program. In particular will do my best to become and integral part of my host family, school and community; will travel only in accordance with Paragraphs 7,8,11 of this Agreement; and will attend the school designated for me on a regular basis and complete all work to the best of my ability. I herby certify that the information provided in all parts of this application is truthful. I understand that any misrepresentation or false answer can be grounds for my elimination from this program.
Signature of Student and Date
____________________________________________________________
Signature of Witness and Date
_____________________________________________________________
I hereby attest that the student and the student’s parent(s) or legal guardian(s) have signed this document before me
General Program Policies
Alcohol: Students are required to observe all U.S. laws with regard to the minimum drinking age. Minimum drinking age in the U.S. is 21. Program dismissal may be considered on the basis of the student’s overall adjustment and an inability to control his/her continued use of alcohol
Drugs: Program participants may not possess or use drugs which are illegal in their home country or the U.S. Violators of this policy will be considered for program dismissal. A verified violation would normally include physical evidence or student admission or reliable witnesses who have seen the student in possession of, or using, drugs
Employment: The J-1 visa permitting the student to stay in the U.S.A restricts employment. Program participants may seek only part-time, small jobs such as babysitting, yard clean up, etc., according to specific regulations of Program organization
Leaving the Program Early: If the student is absent from the host family, school, or other place to which the Program has assigned him or her, without obtaining the approval of the Program, the Program may determine that the student has left the Program through his or her own voluntary action. In this case, the Program is absolved from all obligation, legal or otherwise, to the student or his/her parents or guardians for the student’s current or future well-being. The Program will if the circumstances warrant, work with the student to return to the Program. However, if this cannot be accomplished, a decision will be made and the separation from the Program is final. Students must leave the U.S. if this happens
Marriage: Married students are not permitted on the Program. If marriage occurs while the student is a participant or is discovered to have occurred prior to the student becoming a participant, the student will be considered for Program dismissal.
Medical treatment of a student (including emergencies): Before a student arrives in the U.S., The Program must receive written permission from natural parents to obtain emergency medical attention, if needed. (see Student Health Form). YES Program organizations, their representatives and host families are not responsible for any medical bills, not covered by insurance, incurred by a student regardless of who signs a hospital admission form. The Program is also not responsible for nay negative results because of medical treatment.
Pregnancy: If a Program participant is found to be pregnant she must return to her home country. Male student who cause pregnancies also must return home.
School attendance: All Program participants must attend a high school and maintain a normal course of school work. Non-attendance will result in consideration for Program dismissal or determining that the student has left the Program.
School performance: Allowing for an initial of linguistic and /or academic adjustment, a student must achieve and maintain adequate academic results. After a reasonable period of time, poor motivation, under-achievement, or inappropriate behavior in combination with poor family adjustment, may be cause for Program dismissal.
School expulsion: If a student is expelled from school, that student will be considered for Program dismissal
Student expenses: The Program is not responsible for additional student expenses beyond the incidentals allowance, monthly pocket allowance, and official Program activities and travel. The host family is responsible for three meals a day for the student and must provide either lunch money or a bag lunch if the school does not provide free lunches for the student and the student cannot go home for lunch. All other expenses such as extra school fees or activities, social activities, personal and hygienic supplies, postage and telephone calls, are paid by the student using Program allowances.
Student travel: It is the policy of the Program that only authorized student travel is permitted. Authorized student travel must generally meet these three criteria
· The student’s safety is assured to the greatest extent possible
· The YES program organization has knowledge of the student’s location
· The travel does not interfere with school attendance
Unauthorized travel may constitute leaving the Program: The YES Program organization in the U.S. determines authorization for travel. Procedures for obtaining permission to travel vary by organization.
Theft/shoplifting: May constitute cause for Program dismissal. The nature and severity of the offense will determine procedure and possible outcome.
Violation of the law: When a student admits to a criminal law violation, is arrested or charged , the student will be considered for Program dismissal
Visits from natural family, home country friends or relatives: Natural families, home country friends, or relatives are prohibited from visiting the exchange student during the Program year. Such visits interrupt the continuity of the relationship with the host family and diminish the exchange experience for the student and host family.
Visits to the home country while on Program: Visits by students to the home country while on the Program are not allowed except in the case of the death or imminent death of an immediate family member. An authorized visit will result in dismissal from the Program. Such trips break the continuity of the relationship with the host family and may diminish the exchange experience for the student and host family. Any request for exceptions must be presented to the YES Program organization in the U.S. and approved by the U.S. Department of State.
Return to home Country at the End of the Program: all students must return to their home country at the end of program on the date assigned. Student will not be allowed to remain in the country after their assigned return travel date
Host Family Regulations: Students must obey host family regulations regarding curfew, smoking, drinking, dating, or household chores for which they are responsible. They may not have guests in the Host Family home without their Host Family’s consent and supervision. Students are responsible to cover the costs of all long distance & international telephone calls they incur.
Laws of the Land: Students are subject to the authority and laws of their Host Country and must obey all national, state, and local laws and school regulations. Exchange students enjoy no special immunities from prosecution. Participants agree to hold YES Program organizations blameless for any or all consequences that may result from the Student breaking the law of the land.
Life-Changing Decisions: YES Students may not initiate “life-changing” decisions while on the Program. This includes changing religion (though a Student may explore the tenets of any faith), pregnancy, and marriage. Because of the life-changing impact of these decisions it is better to wait until the experiences and attachments coming from an exchange in the Host Country can be viewed from the perspective of the student’s own culture. Students may also be dismissed from the Program if they develop a life-threatening medical disorder such as anorexia or bulimia that cannot be adequately treated while on the Program. Students may not alter their body in any way while on program. This includes tattoos and body piercings, even if they have permission from their Parents.
Legal Proceeding: Participants consent and authorize YES Program organizations to pursue or defend any legal proceeding regarding the Student during the Program, costs to be reimbursed by Parent(s). However, YES Program organizations or any adult Host Family member is not obligated to pursue or defend any such legal action or proceedings. The Participants authorize any court, law enforcement agency, or any other government agency to release the Student to the YES Program organization in the event that the Student is detained or held by any such entity.
Use of Student’s Name and Likeness: Participants consent and authorize the YES Program to use the Student’s name, photograph, file or video likeness of Student or any comments or statements of Student in materials, publications or on websites to promote the Program.
End of Program: Students to the United States are expected to return to their home countries within two weeks after their school end date and no later than June 30 of their program year, pursuant to federal law. Neither YES Program organizations staff nor the Host Family will be responsible for a Student who remains illegally in the U.S. after the end of the Program. A student who ignores this regulation faces severe fines and penalties, which may include disbarment from future re-entry into the United States. In addition, a Student will not be covered by any insurance policy held by YES Program organizations after the end of the Program. Participants expressly release YES Program organizations, its representatives, and Host Families from all liability, injury, damages or claims incurred after termination of the Program.
Problem Notification and Resolution: YES Program organizations provide ongoing support of all Students; however, Students cannot be continually supervised or controlled by YES Program organizations. It is the responsibility of the Student to advise YES Program organizations of any significant problems, such as concerns about health, safety, adjustment problems with school, language or culture or issues involving the Host Family. YES Program organizations will make every effort to intervene and resolve these problems to help the Student successfully complete the Program. In this effort, YES Program organizations may, in its sole discretion, seek a replacement Host Family, if possible within the same community. However, if the Student does not make a substantial good faith effort or if the Student violates any terms of this Agreement, YES Program organizations may, in its sole and absolute discretion, terminate the Student’s participation in the Program and immediately repatriate the Student to the home country. Please see Student Support Issues Policies and Procedures document attached.
Agreement between Students and Originating Exchange Organization: YES Program organizations has a contractual agreement with its overseas representatives to operate all programs in full compliance with US Department of State regulations governing the Exchange Visitors Program 22CFR 62 Part 514 (March 19, 1993) and the standards of the Council on Standards for International Educational Travel Programs (CSIET). Beyond the terms of this contract, Participants understand that YES Program organizations are not a party to any agreement between the Student and the Originating Student Exchange Organization (“Originating Exchange Organization”) through which they applied for the YES Program in their home country. Participants acknowledge that all disputes or claims arising out of any disagreement with the Originating Exchange Organization shall be resolved directly with the Originating Exchange Organization.
General Release and Hold Harmless Provisions: As a condition of Student’s participation in the Program, the Participants agrees to release and hold AYUSA harmless for injury, loss, delay, or any damage and expense incurred by the Student due to: (i) any incident beyond YES Program organizations’ reasonable control, including, without limitation, acts of God, crimes of violence, acts of war, or government actions and restrictions; (ii) any events directly or indirectly caused by intentional or negligent acts or omissions by any third party, including, but not limited to, any member, guest, employee or agent of the Host Family or any other persons in the host country; (iii) risks associated with foreign travel & living abroad, including but not limited to risks associated with health care, sanitation, transportation, crime, justice, legal systems, customs, & values; (iv) any differences in the living conditions & standards between Student’s home & home country, & host home & Host Country; & (v) any act or omission of the Originating Exchange Organization.
Indemnification: As a further condition of Student’s participation in the Program, the Participants agree to indemnify and hold YES Program organizations harmless from any liability or expense, including court costs and attorney’s fees, resulting from any injury, loss or any other damage or expense caused by the Student during his/her participation in the Program.
Arbitration and Venue: This agreement shall be deemed to have been made in the State of California, USA, and its validity, construction, breach, performance and interpretation shall be governed by the laws of the State of California, USA. The parties to the Agreement acknowledge and agree that any dispute or claim arising out of this Agreement, any resulting or related transaction, or the relationship of the parties, shall be decided by neutral, exclusive and binding arbitration in San Francisco County, California, USA. The arbitration shall be conducted before JAMS/Endispute, Inc. Either party may appear telephonically at the arbitration hearing. The award of the arbitrator may be enforced in any court of competent jurisdiction located in the State of California, USA. In the event that the arbitration clause is deemed void or inapplicable, each party expressly consents to and submits to the personal jurisdiction of the federal or state court (s) of San Francisco County, California, USA. In any action, including arbitration, brought for breach of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs, including, but not limited to, the costs of arbitration.
Ratification of Contract: In the event that the Student is under the age of 18 at the time of execution of this Agreement, and the Student attains 18 years of age while participating in the Program, the Student agrees that continued participation in the Program after he/she attains 18 is deemed a ratification and adoption of all the terms and conditions of this Agreement.
YES Program Agreement Controls: Where there are any differences between this Agreement and any other program materials, the Agreement shall control. YES Program organizations cannot be legally bound or committed by any person other than a duly authorized representative. Parties are required to follow this Agreement and cannot vary from its terms.
Modification: This Agreement shall not be modified except by a writing that is executed by all parties hereto.
Severability: In the event any clause, sentence, term or provision of this Agreement shall be held by any court of competent jurisdiction to be illegal, invalid or unenforceable for any reason, the remaining portions of this Agreement shall remain in full force and effect.