Program Participant Contract

Asia Institute Program Participant Contract

I understand and agree that this agreement shall constitute a binding contract between the undersigned and Kong and Allan Group LLC, its owners, directors, officers, employees and shareholders (collectively, the “Asia Institute”).

1. The Asia Institute does not own or operate any entity which is to or does provide goods or services for your program (except that it employs resident directors and staff), including, for example, arrangements for or ownership or control over houses, apartments or other lodging facilities, airline, vessel, bus or other transportation companies, local ground operators, visa processing services, providers or organizers of optional excursions, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, the Asia Institute is not liable for any negligent or willful act or failure to act of any such person or entity, or of any third party. Without limitation, the Asia Institute is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal, terrorist or threatened terrorist activities of any kind, overbooking or downgrading of accommodations, structural or other defective conditions in houses, apartments or other lodging facilities (or in any heating, plumbing, electrical or structural problem therein), mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely, dangers associated with or attacks or bites from animals, pests or insects, sanitation problems, food poisoning, epidemics or the threat thereof, disease, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, or for any other cause beyond the direct control of the Asia Institute.
2. I understand that perceived or actual epidemics (such as, but not limited to, H1N1, SARS or bird flu) can delay, disrupt, interrupt or cancel programs. I agree to assume all risk of any such problems which could result from any such occurrences.
3. The Asia Institute retains the right, in its sole discretion, to contact participant’s school, parents and/or guardian with regard to health issues or any other matter whatsoever which relates to participant or participant’s program. These rights transcend any and all privacy regulations that may apply.
4. In the event of a medical emergency, the Asia Institute will attempt to cause appropriate treatment to be administered.  However, it makes no warranty that it will be able to cause effective (or any) emergency treatment to be administered.
5. I understand that travel in other nations is not similar to travel within the United States. Programs outside the United States can involve inconvenience and risk, including, but not limited to, forces of nature, geographic and climatic conditions, different hygienic standards, infrastructure problems (including road maintenance, transportation delays and accommodation conditions or available at all), civil unrest, vandalism, crime, political instability and terrorism. Medical services or facilities may not be readily available during all or part of a program and, if available, may not be equal to standards in participant’s home country. I assume all risk of bodily injury, death, emotional trauma, property damage, inconvenience and/or loss resulting from negligence or any other acts of any and all persons or entities, however caused, including, but not limited to, those risks mentioned above. It is my intention fully to assume all of the risks of travel and participation in the Asia Institute program and to release the Asia Institute from any and all liabilities to the maximum extent permitted by law.  In addition, I release the Asia Institute from its own negligence. If this form is also signed by a parent or legal guardian, that parent or guardian is making a similar release. 
6. The Asia Institute reserves the right to decline, accept, dismiss, or retain any person as a participant in any program at any time before or during the program if participant has failed to comply with any provision(s) of this contract, if the person’s continued participation or presence in the program, in the Asia Institute’s view, constitutes a risk to that person’s health or to the enjoyment of or integrity of the program for others, or for any other reason whatsoever.  In the event a participant is dismissed from a program or voluntarily chooses to leave the program prematurely, no refunds will be made.

7. The Asia Institute reserves the right to take photographic or film records of any program. I understand that the Asia Institute may use such records for promotional and/or commercial purposes without limitation and without liability.
8. If by my acts or omissions I cause or threaten to cause damage of any kind whatsoever to third parties, I accept full responsibility therefore. Further, in the event of such damage or loss, I agree to indemnify and hold the Asia Institute harmless from any and all actions taken by third parties for said damages or loss. 
9. This "The Asia Institute Program Participant Contract" shall be legally binding upon myself, all minors traveling with me, my heirs, successors, assigns and legal representatives. This entire agreement is entered into on behalf of all members of my family who accompany me. I certify that I am the parent or legal guardian of any legal minors under the age of majority who accompany me.
10. All program applications are subject to acceptance by the Asia Institute in Nevada, U.S.A. 
11. COMPULSORY ARBITRATION: I agree that any dispute concerning, relating, or referring to this contract, the brochure, or any other literature concerning my program, or the program itself shall be resolved exclusively by binding arbitration in Nevada, according to the then existing commercial rules of the American Arbitration Association. Such proceedings will be governed by substantive Nevada law. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.
12. In the event any part of this "The Asia Institute Program Participant Contract" is found to be legally void or unenforceable, then such part will be stricken but the rest of this document will be given full force and effect.

I certify that all statements made in this "The Asia Institute Program Participant Contract" are true and correct and made of my own free will.