THIS AGREEMENT is made on the day of application and is legally binding.
1) YOU, the client ("Participant", "Volunteer", "Intern") as detailed in your application.
2) WindAid Institute (“WindAid”).
This is an important document. We have attempted to state the terms of this Agreement in a clear and concise manner, but if there is anything the Participant does not understand or wishes to have explained, the Participant should seek independent advice from a lawyer.
Agreement for participation in WindAid's Program:
1.1 In this Agreement:
The term “Program” means any expedition, project, course, trip, or other activity anywhere throughout the world, arranged by WindAid from time to time; The term “Program Leaders” means the leader(s) on the allocated Program, to whom the Participant must report and whose rules the Participant must abide by; The term “Service” means the services, as set out in clause 2 below, to be provided by WindAid to the Participant.
1.2 The headings in this Agreement are for convenience only and should not affect their interpretation.
2. The Service Provided
2.1 WindAid shall provide the Service described below to the Participant, subject to the terms of this Agreement.
2.2 WindAid reserves the right to refuse to offer the Service to anyone for any reason.
2.3 The Service shall consist of: -
2.3.1 organizing and setting up a Program and/or other course(s) as agreed upon between WindAid and the Participant in writing;
2.3.2 arranging suitable accommodation and food throughout the duration of the program, ongoing assessment and evaluation, and companionship throughout the duration of the program. Lodging shall consist of a shared bedroom in a private home. Food shall consist of breakfast, a lunch, and a supper during all work days. A kitchen will also be available for use;
2.3.3 in most cases, we are able to meet participants at the Trujillo airport or bus station. However, this cannot be guaranteed, and Participants may in some cases have to make their own arrangements. Participants are invited to communicate travel plans with WindAid staff prior to departure from host country;
2.3.4 arranging Program Leaders to lead and manage projects where required;
2.3.5 arranging the provision of Program equipment, training and training materials relevant to the Program, where applicable;
2.3.6 providing and maintaining a full international support structure and providing a 24 hour emergency phone line in Peru; and
2.3.7 providing international travel assistance and advice.
3. The Participant's Obligations
3.1 By participating in a WindAid Program the Participant accepts that he / she will be subjected to physical and emotional demands brought about by the cross-cultural experience. Participants are aware and accept 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 Participant is responsible for his/her own travel arrangements, expenses and insurance during the Program. The Participant is obliged to secure travel and medical insurance to protect the Participant against losses caused by travel arrangement cancellation, loss or damage of baggage, non-refundable airfare and/or emergency medical expenses.
3.3 In the event that WindAid advances any monies to or on behalf of the Participant, the Participant shall reimburse such monies to WindAid immediately upon conclusion of the Program.
3.4 It is a condition of booking that all Participants have a valid travel insurance policy to cover the entire duration of their trip which extends to include manual conservation and volunteer work. If you are unable to provide documentary evidence of a valid insurance, your booking may be cancelled at the sole discretion of WindAid without any refund.
3.5 The Participant represents and warrants that all information and records provided to WindAid relating to the Participant, the Participant's medical history and the Participant’s medical statement are accurate and truthful and provide WindAid with a clear indication of the Participant's state of health.
3.6 The Participant understands that he/she is under a duty to inform WindAid in advance of the Program of any medication requirements, any allergies and any other physical or mental condition or limitation that might disable or render the Participant unable to perform or safely complete the Program.
3.7 The Participant is the best judge of his/her own condition and limitations, and the Participant acknowledges that it is incumbent on him/her to fully disclose the extent of any conditions or limitations.
3.8 The Participant represents, warrants and affirms that he/she has discussed this Program, its urban location, potential risks and physical and mental demands with his/her personal physician, and that the Participant is physically and emotionally fit and able to undertake this Program.
3.9 The Participant agrees to notify WindAid 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 Participant's signing of this Agreement.
3.10 WindAid reserves the right to require documentation from a doctor or specialist verifying that the Participant is fit and able to undertake this program and WindAid reserves the right to reject a booking on the grounds of the doctor's comments.
3.11 WindAid shall not in any event be held liable for any consequence arising out of the Participant's failure to take advice or medication as prescribed by a medical practitioner both prior to departure and during the Program.
3.12 WindAid reserves the right to reject applicants who require special medical care following due consideration.
3.13 The Participant acknowledges and agrees that WindAid reserves the right to accept or reject any person as a Participant at any time, or to require a Participant to withdraw from a Program at any time if it is determined in a Program Leaders sole discretion that it is in the best interest of the Participant's health and safety, and/or in the best interest of the Program in general.
3.14 The Participant agrees to take personal responsibility for insuring the Participant's own personal effects and WindAid cannot be held liable for any loss or damage of personal effects.
3.15 The Participant 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 Program in terms of travel documents and medical documents.
3.16 WindAid 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 Participants must ensure that they contact the relevant Embassy to acquire the relevant Visa or Tourist Permit prior to commencing the Program.
3.17 The Participant shall comply with all relevant laws, regulations and customs of the countries visited during the Program. In the event of a contravention of these laws, the Program Leader or WindAid shall have the right to require the Participant to leave the Program and no liability on the part of WindAid shall arise whatsoever.
3.18 The Participant will at all times respect and follow local laws and culture of the host country and behave in a responsible and courteous manner. Each Participant has a duty of care to each other, to local people, to host country nationals participating in the Programs and to WindAid. The Participants shall follow the reasonable instructions of the Program Leaders during the Program.
3.19 As representatives of WindAid within the host country, the Participant must respect WindAid's aims and objectives and not willfully or recklessly seek to damage relations between WindAid, the Program and/or the host country. The Participant must not misrepresent WindAid in any way which would seek to undermine or damage relations between WindAid and the host country.
3.20 The Participant shall at all times respect and follow the health and safety procedures as set out by WindAid, the Program leaders and/or the representative in the host country.
4.1 Subject to any special terms agreed, the Participant must pay WindAid's standard charge as explained in the Program "Dates and Cost” section as published on WindAid's website www.WindAid.org. Please note that costs shown within WindAid's brochure are subject to change and as such all final payments shall be displayed on WindAid's website. The published prices on WindAid's website are valid for 30 days only and Participants are advised to check the site regularly for the most recent prices and up to date information. Once a Participant 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 For participants on the 4-week program, the non-refundable deposit payment of $750 shall be payable by the Participant to WindAid immediately upon receipt of the confirmation of booking.
4.3 WindAid asks payment be made directly. Upon receiving confirmation of payment, the participant will be notified directly by email or telephone.
4.4 Participants on the 4-week programme are required to pay the remaining portion of the program fee 60 days before arrival in Trujillo. This is to insure the material costs for the wind turbine are available for fabrication during the first stage of the program as stated in the itinerary portion of the schedule.
4.5 For long term and summer volunteers, the deposit payment for 50% of the volunteer fee must be paid by the Participant 75 days in advance of arrival. This insures the volunteer position is reserved and that WindAid can adequately prepare for the Participant's arrival. If, for any reason, the Participant does not make full payment by this date, then WindAid reserves the right to offer the Participant's placement to someone else, without any refund to the Participant. The remaining portion of the volunteer fee shall be paid 60 days prior to the Participant's arrival on the program.
4.6 For long term volunteers, any ongoing payment must be paid by the Participant 15 days in advance. Volunteers can extend their program by a minimum of 2 weeks each time. This insures continuity and allows participants an opportunity to depart from the program on a bi-monthly basis. If, for any reason, the Participant does not make full payment by this date, then WindAid reserves the right to offer the Participant's placement to someone else, without any refund to the Participant.
4.7 The total payment (i.e. the deposit and remaining sum paid) shall become non-refundable upon payment. Failure to pay the outstanding balance in a timely manner will result in the Participant's placement to be cancelled, without liability on the part of WindAid.
5. Warranties, Liabilities and Assumption of Risk
5.1 WindAid warrants to the Participant 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 WindAid, 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 WindAid.
5.3 WindAid does not assume responsibility for any accidental injury, illness, or death.
5.4 In particular WindAid shall have no responsibility for any activities undertaken by the Participant outside the scope of those directly relating to the Program. No warranty is given in respect of any activities outside the scope of those relating to the Program and it is the Participant'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 the Participant that were not pre-arranged or procured by WindAid, its employees or agents.
5.5 The Participant understands that certain risks may arise, including, but not limited to, hazards of travelling in remote areas; travel by automobile, van, bus, airplane, boat, 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; dive related accidents, boat accidents; interacting with dangerous wildlife; personal injury or illness from the local environment; accident or illness in remote locations without immediate evacuation or medical facilities; or negligent acts of third parties. The Participant hereby asserts that he/she knows, understands and appreciates these and other risks inherent in the Program and asserts that his/her participation is completely voluntary and assumes all risk associated with the Program and will hold WindAid 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 the Participant’s participation in this Program, any activities arranged by or for the Participant by WindAid, its agents or employees, emergency medical care if considered essential by the most qualified in-situ personnel. The Participant 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 the Participant’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 WindAid 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 WindAid has been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event will WindAid’s cumulative liability to the Participant 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.
6.1 If the Participant wishes to make a complaint in relation to the Program, he/she shall bring the complaint to the attention of the Program Leader who shall use his/her reasonable efforts to resolve the complaint within a reasonable time.
6.2 If the Program Leader or the representative in the host country is unable to resolve a serious complaint, and the Participant leaves the Program before the completion date, the Participant shall provide the Program Leader or the representative in the host country with a written version of events prior to the Participant’s departure.
6.3 No compensation shall be given to the Participant, unless there are extreme circumstances, which shall be determined at the sole discretion of WindAid. The Participant agrees that under no circumstances shall WindAid 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 WindAid both prior to and throughout the duration of the Program (including teaching manuals) remain the property of WindAid and must be returned on completion of the Program.
7.2 The Participant shall replace any property that is lost or damaged through his/her careless or otherwise negligent behavior.
7.3 All research, data, reports, photographs and documentation relating to the Program and WindAid projects provided by and/or developed with WindAid, shall remain the property of WindAid without compensation or further recourse to the Participant. WindAid 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 Participant while on the Program on its website, brochures, or other marketing, promotional or informational medium.
8. Data Protection
8.1 The Participant hereby agrees that WindAid may disclose his/her personal data, including any sensitive personal data such as relevant medical history, to the Program Leaders and any other representatives in the host countries.
8.2 From time to time WindAid shares Participant contact information with other Participants in order to enhance pre-departure support, allow direct communication between participants on similar programs and allow prospective Participants to communicate with former Participants. The Participant hereby agrees that WindAid may disclose his/her contact information to other Participants or potential Participants.
9. Termination and Expulsion
9.1 WindAid reserves the right to deny from participating in or otherwise to expel from the Program any Participant 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 behavior or committing acts which could injure or harm a member of the Program (including a staff member), or any other person;
9.2.3 Disobeying WindAid's, the Program 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 behavior which could jeopardize future WindAid Programs within the host country or lead to the souring of relations between WindAid and the host communities or country; and
9.2.5 Breaking local laws. Please note this list is not exhaustive.
9.3 Expulsion will be carried out by the Program Leader at WindAid's own discretion and is not subject to appeal.
9.4 In all such cases the Participant will not be entitled to any reimbursement from WindAid, nor will WindAid be responsible for any additional costs incurred by the Participant as a result of expulsion.
10. Currency of Agreement and Cancellation
10.1 The Participant will be entitled to cancel this Agreement at any time. Participants will indicate their desire to terminate the contract directly to a WindAid director or staff.
10.2 Participants are asked to clearly communicate travel plans with a WindAid director and staff 2 weeks prior to departure..
10.3 WindAid reserves the right to cancel or curtail the Program 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 Program, the Participant shall be entitled to any monies paid less any irrecoverable expenditure on the part of WindAid which has already been spent in relation to the preparation of the Program.
10.4 If WindAid cancels the Program, the Participant will be entitled to a refund:
10.4.1 In the case of cancellation by WindAid before departure, whether within or beyond WindAid's control, the Participant shall be entitled to their deposit; and
10.4.2 In the case of curtailment, the Participant shall be entitled to a reasonable proportion of the total charge from which any irrecoverable expenditure is deducted.
10.5 In the case of cancellation by the Participant, the Participant will be entitled to a refund at the discretion of WindAid, with consideration taken for any monies paid on expectation of the Participant's arrival on the Program.
10.6 In all of the above cases where there is a cancellation, WindAid's first recourse shall be to place the Participant on an alternative Program. WindAid shall use reasonable efforts to match any alternative Program in accordance with the Participant's preferences.
10.7 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 Participant shall be considered to be in full and final settlement of all and any liability owed by WindAid to the Participant.
11. Force Majeure
11.1 Notwithstanding any other provision of this Agreement, WindAid 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.
12.1 This Agreement constitutes the entire Agreement between the parties and shall apply to all Programs and/or other courses provided by WindAid and undertaken by the Participant. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions of this Agreement.
12.2 Any notice required or permitted to be given by one party of this Agreement to the other shall be in writing addressed to that other party: in the case of WindAid, its registered office or principal place of business, in the Participant's case to the Participant's address as stated in this Agreement or being given to the Participant in person or by delivery to the Participant's last known place of residence.
12.3 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.
12.4 A person who is not a party to this Agreement has no rights 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.
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.