1. DUS ProgramDUS hosts various international sporting events and competitions for participating student-athletes ("Athlete") and in connection therewith provides travel and lodging coordination services for Athletes and supporters of Athletes, including in Australia ("DUS Program"). The travel coordination services referenced herein are included as part of the DUS Program, which is offered subject to each Participant’s Application relating to the DUS Program and the following DUS Program Terms and Conditions, which are incorporated therein (collectively, "Agreement").
2. ApplicabilityThese Terms and Conditions are applicable to each person who pays a deposit or otherwise participates in the DUS Program, including those paying for or booking travel or accommodations, traveling to Australia, participating in DUS planned events or competitions, or staying at DUS’s coordinated/provided accommodations (collectively, "Participant"). Participant includes the Athletes, who are participating and/or competing in the sporting events and competitions, as well as any family or friends ("Supporters") who may also travel with and thereby also participate in the DUS Program with the Athlete. These Terms and Conditions also apply to and are binding on any and all legal guardians of any Participants who are minors or infants. Payment of a deposit or other participation in the DUS Program is considered a consent by the Participant and/or, as noted, by the Participant’s legal guardian, to these Terms and Conditions.
3. DUS Program CostsThe DUS Program Costs for Participants are determined based upon applicable vendors or carriers’ rules, regulations, fares, prices and US dollar exchange rates in effect on June 1st of the previous year and are subject to change if such rates or costs change. The DUS Program Costs are also subject to increases due to unforeseen fuel surcharges, government taxes, fees or other assessments. Upon learning of such, DUS will notify you of any changes in the DUS Program Costs as soon as reasonably possible.
4. Deposits and PaymentsEach Participant in the DUS Program must complete an Application. Applications to travel with and/or participate in the DUS Program will be considered on a first-come, first-served basis. Each applicant must submit a required and non-refundable $300 deposit with an Application. This deposit is non-refundable and non-transferable unless stated otherwise in Section 10. The deposit will be applied to the DUS Program Costs. Payments towards the DUS Program Costs are required according to the payment schedule provided by DUS ("Payment Schedule"). Late fees may be incurred if payments and final balances due are received after the due dates established in the Payment Schedule. DUS reserves the right to refuse acceptance or participation in the DUS Program and to remove a Participant from the DUS Program for any reason whatsoever, with or without cause, at any time.
5. DUS Program Inclusions a. Air Transportation i. International Flights The DUS Program includes roundtrip international airfare from a designated airport ("International Gateway") to Brisbane, AU. The International Gateway is determined by DUS. Typically, Los Angeles, CA is the International Gateway, however, an alternate International Gateway airport may be used in the sole discretion of DUS. If a Participant decides to purchase his/her own flight and/or transportation to or lodging in Brisbane, AU, DUS shall not be responsible for any of a Participant’s travel or lodging coordination, including if a Participant purchases tickets for the wrong date/time/location. Any fees incurred for this purpose shall be and remain the sole responsibility of each Participant. A Participant will also be responsible for the transportation between the Australian airport and hotel. An itinerary and flight schedule for flights that a Participant arranges must be provided to DUS by no later than June 1 of the travel year. ii. Domestic Flights Each Participant will automatically be assigned a roundtrip domestic airfare to the International Gateway through DUS. The beginning airport or "Point of Origin Airport" will be designated by DUS. DUS will do its best to designate the closest available airport to a Participant’s disclosed residence. Participants will be scheduled on domestic flights with coaches and/or other athletes when possible; however, the majority of Participants will travel alone from their Point of Origin Airport to the International Gateway, where groups will board the flight to Australia. To help ensure that no Participants miss their connections at the International Gateway, DUS has a standard policy of a 4 to 8 hour layover at the International Gateway (i.e., Participants should plan for downtime accordingly). iii. Opting Out of Domestic Flights and Associated Waiver To opt out of DUS booking a domestic roundtrip flight on behalf of a Participant, Participant must provide direct, written notice to DUS within 30 days of paying the deposit. Opting out on the Participant’s account on the DUS website will satisfy this notice requirement. If a Participant chooses to opt out of the domestic flight option, the Participant will be fully responsible for arranging transportation to/from the International Gateway, assumes all responsibility for timely arrival for the scheduled international flight, and will remain fully responsible for any complications that may arise as a consequence of arranging said transportation outside of DUS. iv. Benefits of Booking Domestic Airfare through DUS The benefits of booking domestic airfare through DUS include: 1. Participant’s account will not be charged an upfront ticket price, allowing Participant time to fundraise for this cost. 2. DUS will coordinate Participant’s domestic flight with other team members where possible. 3. Participant will be allowed two (2) checked bags for the duration of the trip (50 lb weight limit per bag). 4. Participant’s checked bags will continue checked through to the final destination of Brisbane, Australia, avoiding a reclaim and recheck process at the International Gateway. 5. Participant will be eligible for DUS 24/7 travel assistance for missed/delayed/cancelled flights. 6. If Participant is covered by Travelex insurance (discussed below), Participant’s trip will be covered roundtrip from the Point of Origin Airport (i.e., Participant’s trip is only covered to/from International Gateway, if Participant opts out of DUS providing domestic airfare). v. Final Flight Details DUS cannot confirm final travel and flight details until April 15 of the travel year. School holidays and other considerations are used to allocate departure dates for each group. Each Participant will be notified of his/her group’s departure date. vi. Changes to Flight Schedules Within 30 days of paying the deposit, a Participant may submit a written request to DUS to change the Point of Origin Airport, including through Participant’s account on the DUS website. DUS will do its best to accommodate requested changes, but cannot guarantee such will be made. Requests for flight changes from the scheduled flight itinerary made after 30 days of paying the deposit must be in writing and sent to DUS by April 1 of the travel year. For each change accommodated, DUS will charge a $250 change fee, which is in addition to any additional cost in airfare (i.e., due to changes in rates, etc.). b. Ground Transportation and Transfers All ground transportation provided during the trip will be by modern, climate controlled motor coaches. All transfers for the scheduled DUS Program events are included. However, even if a Participant booked his/her domestic and international flights through DUS, each Participant is responsible for transportation to and from the Point of Origin Airport. Transportation to and from destinations not in the scheduled DUS Program group itinerary shall remain the sole responsibility of Participant. c. Baggage Participants are responsible for handling their own luggage. Luggage will be limited to one carry-on and two checked pieces. Checked luggage may not exceed 50 lbs (fees may be incurred for overweight baggage). As certain airlines may charge additional baggage related fees, such fees shall remain the sole responsibility of Participant. d. Accommodations Hotel accommodations for shared rooms are provided as part of the DUS Program. Accommodations are generally hotel or apartment style. Each participant will have their own bed (i.e., a standard, rollaway or hideaway/couch style bed). All Participants will be assigned double occupancy rooms. There are limited numbers of single rooms available for Supporters at an additional cost. The accommodation properties will be listed in the ground itinerary provided to the Participant. The accommodation property may be changed, but any substitute will be roughly equivalent to the listed accommodation property. e. Meals Two meals per day will be provided throughout the DUS Program beginning with arrival in Australia and ending upon departure from Australia. Any additional meals, snacks or food will remain the responsibility of the Participant. f. Tips and Taxes For all services and flights that are purchased through DUS, the associated taxes and tips are included in the DUS Program Costs. g. Tour Escorts In addition to providing an athletic coach to each team/group, tour escorts accompany each team/group during the DUS Program while in Australia. h. Tours Various tours and events will be provided to Participant as part of the DUS Program. Some are included in the DUS Program Costs as outlined in the itinerary of events provided by DUS. Other optional tours and events may be available to Participants at an additional cost. One example is the popular Great Barrier Reef Escape tour. This tour has limited availability and will be filled on a first-come, first-served basis. Full cost for the tour must be paid at the designated sign-up time in order to reserve the Participant’s spot. The reservation of the Participant’s spot is non-transferable and a cancellation is non-refundable. i. Itinerary Changes DUS plans each DUS Program itinerary and all features a year in advance for the advantage, convenience and enjoyment of the Participant. DUS reserves the right to change or vary its itinerary. In such circumstance, DUS will do its best to provide the best available alternative substitute. j. Fundraising A company affiliated with DUS provides fundraising opportunities to help Athletes pay for the DUS Program. DUS and affiliated companies are committed to complying with all required federal non-profit and NCAA regulations. Accordingly, all funds raised by Participant through Dreamtime Foundation must be submitted to DUS every 2 weeks. No fundraised money is allowed to be kept by any Participant. Fundraising checks must be made payable to Down Under Sports and must not be deposited into a Participant or other person’s bank account. Failure to follow this rule may interfere with high school or collegiate athletic eligibility as outlined by state and local high school sport regulations. Each Participant and applicable legal guardians are responsible for ensuring that all fundraising activities for any Participant comply with state and local laws and high school sport regulations (i.e., in each state wherein they fundraise). In the event of a cancellation, DUS will notify sponsors and all refundable, publicly raised funds must be returned to the source from which the funds were donated. If a Participant using a Dreamtime Foundation starter program is unable to participate in the DUS Program, community money that is raised will be used to help achieve the team’s goal of competing in Australia. Participants are not to send cash in the mail.
6. Program ExclusionsIn addition to those items outlined above that are not included as part of the DUS Program, the following items are also not included: a. Personal charges for additional food or beverage orders, room service, valet service, laundry service, telephone charges, optional activities or tours, souvenirs and any other item not specifically included in the itinerary provided by DUS; b. Excess or overweight baggage charges; c. Charges for transporting additional equipment, including poles for pole vaulters; d. Charges for obtaining a passport; e. Charges for an Electronic Travel Authorization or visa; f. Costs resulting from or relating to any damages caused by Participant; g. Charges for handling of luggage; and h. Costs resulting to or relating from any civil or criminal misconduct, injury, damage or other loss.
7. Passport, Electronic Travel Authorization ("ETA") and/or Travel VisasParticipants must have and are solely responsible for timely obtaining and possessing a passport to travel to Australia. Each Participant should timely contact their local Post Office or County Clerk’s office to obtain and process all required passport forms. Participant is responsible for having a Passport issued in time. Notably, an ETA, in most cases, can replace the need for a visa to travel to Australia. DUS can provide information to assist Participant in obtaining an ETA. DUS must be provided with a copy of the picture page of the Participant’s passport at least 30 days prior to departure in order obtain the ETA. In some cases, DUS may not be able to obtain an ETA for non-U.S. citizens. In such cases, Participants are responsible for obtaining their own ETAs through the Australian Embassy. DUS is not liable or responsible if it cannot assist a Participant or obtain an ETA for any Participant. Failure on the Participant’s part to timely secure a proper passport and ETA may result in the Participant not being able to travel. DUS cannot return payment for the DUS Program for such failures. If a Participant loses a passport before or during the DUS Program, the Participant is responsible for obtaining a new passport and all additional costs. Entry into and exit from Australia and the U.S. are not permitted without a passport.
8. Risk of LossAs with all travel, especially to foreign destinations, there is a substantial risk of loss from theft or damage. Each Participant must be cautious to assure that personal items, money and other valuables are properly cared for and secured. Each Participant and the Participant’s legal guardian assume all risk of loss while participating in the DUS Program. DUS shall not be responsible for any theft, damage or other losses.
9. Insurance a. Health and Accident Protection Each Participant must be insured and have adequate coverage that will cover any illness or injury that may occur while traveling internationally. Each Participant must have sufficient medical insurance coverage. Each Participant must provide DUS with written verification of medical insurance coverage prior to the Participant’s traveling and participating in the DUS Program. b. Travel and Health Protection DUS strongly recommends that each Participant purchase a travel and health protection plan to protect against unforeseeable and unexpected problems, including trip cancellations, trip interruptions, emergency medical situations and emergency evacuations/repatriations, trip delays, lost baggage, connection delays, etc. Travelx Insurance Services, Inc. is DUS’s preferred trip-protection provider for Participants. Travelx provides a recommended minimum Travelx 360 Student Group Choice plan for Participants. Further summary details are provided at: https://downundersports.com/assets/pdfs/insurance.pdf for the 360 Student Group Choice brochure and http://policy.travelexinsurance.com/SCGB-1217. The full coverage terms and details, including limitations and exclusions, are contained in the insurance policy. To view/download the policy, go to http://policy.travelexinsurance.com/SCGB-1217. Travelex Insurance Services, Inc. CA Agency License #0D10209. Travelx Insurance is underwritten by Berkshire Hathaway Specialty.
10. Cancellation and RefundsAll cancellation and any associated refund requests must be submitted in writing to DUS. Refunds are subject to the following limitations: a. Deposits A deposit may only be refunded if: (1) DUS does not accept an applicant to be a Participant, or (2) if a Participant cancels within three days of DUS’s receipt of the deposit. Otherwise, all deposits paid are non-refundable and non-transferable. b. Trip Protection Any payment for the Travelx 360 Student Group Choice plan is non-refundable after a ten day review period. c. Additional Tours Payment for additional available tours, such as the Great Barrier Reef Escape, are non-refundable and non-transferable. d. Non-Deposit Refund Schedule i. For cancellation requests received by DUS between 71-95 days prior to the scheduled departure, an amount of $1,000 (plus the deposit amount) shall be non-refundable and non-transferable. ii. For cancellation requests received by DUS between 70-46 days prior to the scheduled departure, an amount of $2,000 (plus the deposit amount) shall be non-refundable and non-transferable. iii. All monies paid (including deposit) are non-refundable and non-transferable if a cancellation request is received by DUS less than 45 days prior to the scheduled departure date. e. Removal of a Participant i. If DUS removes a Participant without cause prior to departure (except for cause of non-payment according to the Payment Schedule), the sole liability of DUS is to refund any monies paid by the Participant. ii. If DUS removes a Participant with cause, including for non-payment of scheduled installments, administrative charges will be assessed. If the removal for non-payment occurs after 95 days prior to the scheduled departure, the refund schedule above in Section 10(d) applies as if the removal were a cancellation. iii. If DUS removes a Participant or cancels a Participant’s participation after departure, no refund will be made, and the Participant will be liable for all additional travel expenses incurred.
11. Consent to Use of Image and Intellectual Property ReleaseBy submitting payment to DUS or otherwise participating in the DUS Program, Participant, and their legal guardian, consent to Participant’s participation and appearance in DUS video tapes, audio tapes, film, photographs, and/or any other medium and to DUS’s use of Participant’s name, likeness, voice, comments, submitted documentation, written papers, and/or biographical material without restrictions or limitation for any educational or promotional purpose which DUS and those acting pursuant to its authority deem appropriate, unless a Participant, or a Participant’s legal guardian, otherwise expressly revokes such in writing prior to such use by DUS. This consent includes DUS’s use of the Participant’s photograph, voice, likeness, and image in broadcasts of the DUS Program and in subsequent productions, promotions, products or advertising. DUS shall retain exclusive ownership of and all rights to use such information as part of DUS’s intellectual property, regarding which Participants, and their legal guardians expressly release and/or waive all rights and interests.
12. DUS Program RulesFailure to comply with DUS Program Rules and directives could result in Participant’s possible early return to Point of Origin at Participant and/or Participant’s legal guardian’s own expense. No refunds or partial refunds will be allowed if the Participant’s travel is terminated early for failure to follow the rules and directives from DUS. The following rules apply to the DUS Program, and may be changed at any time, in addition to other rules or directions provided by DUS throughout the DUS Program. a. The use of any illegal or drug related substances will not be tolerated at any time. b. Sexual harassment will not be tolerated at any time. c. Crude or offensive behavior, including threats and trash talking, will not be tolerated at any time. d. Athletes (regardless of age) are not permitted to consume alcohol at any time. For adult Supporters (over the age of 18), alcohol and tobacco will not be used around the Athletes at any time. e. Good sportsmanship and respectful conduct is required by all Participants at all times. f. Participants will abide by all applicable laws in of the Country and locality in which the Participant may be during the DUS Program. g. No male Athletes are permitted in female Athletes’ rooms and vice versa. Gender and/or gender identification will be determined based upon the sex evidenced in a Participant’s certified birth certificate, if such becomes an issue. h. Participants will be responsible for any loss or damage that may occur during the DUS Program, including damage in their hotel rooms, during carriage and/or in other areas while participating in the DUS Program, including damages or injury caused by Participant. i. Participant shall remain solely responsible for any additional costs incurred, not included in the stated DUS Program itinerary. All bills must be paid and settled before leaving each location. j. Each Participant agrees to strictly follow DUS Program Rules as set forth herein and all other rules or directions issued or outlined while on the trip.
13. Disclaimers; Waiver and Release of Third Party LiabilitiesParticipant’s retention of tickets, reservations or bookings after issuance shall constitute consent of the Participant, and their legal guardian, to the following, and an agreement on behalf of Participant and Participant’s legal guardian to notify Participant’s travel companions or group members of the terms hereof. a. Suppliers. DUS is acting as an intermediary and agent for suppliers in selling services, or in accepting reservations or bookings for services, which are not directly supplied by DUS (such as all carriage, hotel accommodations, ground transportation, meals, tours, cruises, etc.). PARTICIPANT ACKNOWLEDGES AND AGREES THAT DUS SHALL NOT BE RESPONSIBLE FOR ANY BREACH OF CONTRACT OR ANY INTENTIONAL OR CARELESS ACTIONS OR OMISSIONS ON THE PART OF SUCH SUPPLIERS, WHICH RESULT IN ANY LOSS, DAMAGE, DELAY OR INJURY TO THE PARTICIPANT, PARTICIPANT’S TRAVEL COMPANIONS OR GROUP MEMBERS. Unless the term guaranteed is specifically stated in writing on the Participant’s ticket, invoice or reservation itinerary, DUS does not guarantee any of such supplier’s rates, bookings or reservations. PARTICIPANT ACKNOWLEDGES AND AGREES THAT DUS SHALL NOT BE HELD RESPONSIBLE FOR ANY DISRUPTIONS OF TRAVEL AND/OR RELATED SERVICES IN TROUBLED AREAS, DUE TO MONETARY CRISIS, POLITICAL OR SOCIAL UNREST, LABOR PROBLEMS, MECHANICAL OR CONSTRUCTION DIFFICULTIES, WEATHER CONDITIONS, CLIMATIC ABERRATIONS, LOCAL LAWS, DISEASES, NOVEL CONDITIONS OR OTHER FORCE MAJEURE SITUATIONS INCLUDING TERRORISM. PARTICIPANT EXPRESSLY WAIVES ANY CLAIMS AND RELEASES DUS FROM ANY AND ALL LIABILITY RELATING TO THE FOREGOING RISKS AND/OR EVENTS. b. Medical Needs. All medical needs are and shall remain the sole responsibility of the Participant. The costs of any special needs are and shall remain the sole responsibility of the Participant. c. Actions of Participants. DUS is not responsible for the actions, inactions or liabilities of any Participants. This includes actions or inactions of Participants in causing injury to others or engaging in any kind of harmful conduct while participating in the DUS Program.
14. Representations and Warranties. By submitting any payments to DUS, Participant and Participant’s legal guardian, represent and warrant to DUS as follows: a. Participant and/or the legal guardian of the Participant has carefully read, reviewed and understands the entirety of the Terms and Conditions, and that each has had the opportunity to consult counsel in connection therewith. The legal guardian acknowledges that they are also bound by such Terms and Conditions. b. The Participant has the permission and authorization of any and all legal guardians to travel internationally and to participate without restriction in the DUS Program. c. The Participant does not have any health problems, behavior disabilities, medical or other limitations that could restrict or substantially interfere with Participant’s or any other Participant’s ability to fully and carefully participate in the DUS Program. d. The Participant is fully responsible for any medical needs and associated expenses incurred by or on behalf of Participant while participating in the DUS Program. e. The Participant is aware that the content of foods or drinks provided cannot be controlled while participating in the DUS Program. Any special dietary needs are and shall remain the sole responsibility of the Participant. f. The Athlete is a qualified athlete in his/her chosen sport and is mature and capable of fully appreciating the advantages and risks associated with a trip of this nature. g. The Participant and the Participant’s legal guardian have conducted such due diligence as deemed necessary and have taken the proper steps necessary to assure that participation in the DUS Program, including any fundraising activities, will not restrict participation in sports for the balance of the Participant’s high school years and/or in college. h. The Participant and Participant’s legal guardian have ensured and will ensure that all fundraising activities on behalf of the Participant are in compliance with federal, state and local laws and with high school sport regulations, the NCAA, and those of any other state in which they fundraise and that they have and will comply with associated fundraising rules established herein. i. The Participant has obtained all required health and accident insurance prior to participating in the DUS Program. j. The Participant will abide by all laws of the Country and locality in which the Participant resides as a guest during the DUS Program. k. Participant will have all necessary travel documents, including Passport, ETA and/or travel visa that will allow Participant to travel to Australia as part of the DUS Program. l. THE ATHLETE IS AWARE THAT ATHLETIC COMPETITIONS ARE PHYSICALLY AND EMOTIONALLY DEMANDING ACTIVITIES AND CAN RESULT IN MINOR TO SEVERE PHYSICAL INJURY OR EVEN DEATH, AS WELL AS OTHER KNOWN AND UNKNOWN PERSONAL SAFETY RISKS AND KNOWINGLY ASSUMES THE RISKS ASSOCIATED WITH SUCH. PARTICIPATION IN THE DUS PROGRAM IS ON A STRICTLY VOLUNTARY BASIS. ATHLETE AND ATHLETE’S LEGAL GUARDIAN ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE DUS PROGRAM, WHICH INCLUDE SPORT PRACTICES AND COMPETITIONS. DEPENDING ON THE SPORT IN WHICH THE ATHLETE IS PARTICIPATING, FULL BODY CONTACT WITH OTHER ATHLETES OR OBJECTS AND OTHER RISKS EXIST, WHICH MAY RESULT IN HARM OR PERSONAL INJURY, INCLUDING CONCUSSIONS, HEAD INJURIES, BROKEN BONES, INTERNAL ORGAN INJURIES OR DAMAGES, INJURIES OR DAMAGES TO TENDONS AND LIGAMENTS, AMONG OTHER KNOWN OR UNKNOWN INJURIES. m. Participant and/or the Participant’s legal guardian has legal capacity and is authorized to enter into these Terms and Conditions. n. The Participant will abide by the rules and directions provided by DUS, as referenced in these Terms and Conditions, and as may be provided at any time by DUS. Participant understands that if he/she does not strictly follow and abide by all rules or directions provided by DUS that he/she may be removed from the DUS Program at his/her own cost with no refund. This does not constitute an admission that DUS is responsible for a Participant’s actions or has any associated duty therewith.
15. Release of LiabilityIn consideration for participation in the DUS Program, and to the full extent permitted by law, the PARTICIPANT AND LEGAL GUARDIAN RELEASE AND DISCHARGE DUS, ITS OWNERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, COACHES, ATTORNEYS, AGENTS AND ASSIGNS FROM ANY AND ALL LIABILITY WHATSOEVER, WHETHER INCLUDING IN CONTRACT OR IN TORT, KNOWN OR UNKNOWN, ACCRUED OR UNACCRUED, AND AGREE TO INDEMNIFY, DEFEND AND HOLD THEM HARMLESS FROM AND AGAINST ANY AND ALL INJURIES OR DAMAGES OF ANY KIND OR NATURE THAT MIGHT ARISE FROM PARTICIPATION IN THE DUS PROGRAM.
NOTICE TO THE MINOR CHILD’S LEGAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF DUS (INCLUDING ITS OWNERS, OFFICERS, MANAGERS, EMPLOYEES, COACHES, AGENTS, ASSIGNS, ETC.) USES REASONABLE CARE IN PROVIDING DUS PROGRAM RELATED ACTIVITIES, THAT THERE IS A SUBSTANTIAL CHANCE YOUR CHILD OR WARD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN SUCH ACTIVITIES BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITIES WHICH CANNOT BE AVOIDED OR ELIMINATED. BY ALLOWING THE MINOR CHILD TO PARTICIPATE IN THE DUS PROGRAM, YOU ARE GIVING UP YOUR AND YOUR CHILD’S RIGHT TO RECOVER FROM DUS (INCLUDING ITS OWNERS, OFFICERS, MANAGERS, EMPLOYEES, COACHES, AGENTS, ASSIGNS, ETC.) IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD, OR FOR ANY PROPERTY DAMAGE OR OTHER LOSS THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITIES. YOU HAVE THE RIGHT TO REFUSE TO CONSENT AND TO NOT ALLOW YOUR MINOR TO PARTICIPATE IN THE DUS PROGRAM.
16. Medical ReleaseDuring a Participant’s participation in the DUS Program and in the event of an accident or injury involving a Participant that is brought to the attention of DUS, the Participant’s legal guardian understands that DUS will make a reasonable attempt to communicate with individuals identified in the emergency contact information supplied to DUS for specific consent to obtain medical care and/or for medical decisions. Should a representative of DUS be unable to reach a designated emergency contact, Participant’s legal guardian: a. Authorizes DUS to secure medical services for Participant. b. Authorizes DUS to make medical care decisions as recommended by a medical professional, including diagnostic examinations (including radiological and laboratory testing) and medical treatment (including surgical procedures). c. Understands that DUS will only authorize medical care decisions based upon recommendations by a medical professional. d. Understands that DUS shall not be responsible for any outcomes of any treatments and expressly releases DUS from any and claims relating to such. e. Understands that DUS shall not be legally responsible for any care, negligence or gross negligence provided by any medical care professional while DUS is exercising this emergency authorization to obtain medical attention and to make medical decisions according to the recommendations of a medical care professional. f. Understands that all medical and related expenses incurred in treating and caring for my son/daughter/dependent, including transportation, hospitalization, physician, nursing, lodging, etc. shall be the responsibility of the Participant’s legal guardian. g. Understands that DUS may, but shall not be required to, advance payments of medical or related expenses to foreign medical providers in good-faith and as a courtesy. h. Understands that to the extent that DUS extends such a payment of medical or related expenses, and agrees to promptly reimburse DUS for all expenses advanced by DUS.
17. IndemnificationParticipant and Participant’s legal guardian agree to and shall indemnify and hold harmless DUS, its owners, officers, managers, employees, coaches, agents, attorneys and assigns (collectively and severally, "Indemnified Party"), from and against any and all liability, claims, demands, proceedings, obligations, assessments, loss, cost, damage and expense, of any kind or nature whatsoever, including in contract or in tort, known or unknown, accrued or unaccrued, contingent or otherwise (including any and all judgments, decrees, equitable relief, extraordinary relief, settlements, awards, attorneys’ fees, court costs, punitive damage and arbitration costs including arbitrator’s fees) (collectively and severally, "Indemnified Loss"), which are incurred, sustained, suffered by, threatened or assessed against the Indemnified Party, or all or any combination thereof, because of, arising out of or as a result of these Terms and Conditions, Participant’s participation in the DUS Program and/or any acts or omissions by Participant, including a breach of these Terms and Conditions. The Indemnified Party shall be entitled to use counsel of its own choosing, shall be entitled to determine the validity of the Indemnified Loss and shall not be required to notify Participant or Participant’s legal guardian of the existence or progress of any claims or Indemnified Loss as a condition precedent to requiring payment by Participant or Participant’s legal guardian to the Indemnified Party for an Indemnified Loss.
18. GuarantyTO THE EXTENT THAT ANY PARTICIPANT IS A MINOR OR INFANT AND IN CONSIDERATION OF THE PARTICIPANT’S PARTICIPATION IN THE DUS PROGRAM, THE PARTICIPANT’S LEGAL GUARDIAN ("GUARANTOR") PERSONALLY AND UNCONDITIONALLY GUARANTEES ALL DUTIES AND LIABILITIES OF PARTICIPANT THAT ARISES OUT OF THESE TERMS AND CONDITIONS AND/OR PARTICIPANT’S PARTICIPATION IN THE DUS PROGRAM, INCLUDING PARTICIPANT’S INCURRING ANY ADDITIONAL COSTS, CAUSING ANY INJURY TO PERSONS AND/OR DAMAGE TO PROPERTY, AND ANY OTHER LIABILITIES, KNOWN OR UNKNOWN. THE GUARANTOR HEREBY WAIVES ALL LEGAL AND EQUITABLE DEFENSES THAT MAY APPLY TO THE ENFORCEABILITY OF THESE TERMS AND CONDITIONS OR OTHERWISE.
19. Governing Law and JurisdictionThis Agreement and all agreements or matters relating hereto, including any matter or dispute arising out of the Terms and Conditions or any agreements or from participation in the DUS Program, shall be interpreted, governed and enforced according to the laws of the State of Utah. In the event that either party makes a claim against the other relating to any alleged act, error or omission of the other party in connection with the DUS Program or any related activities, some of which will occur in a foreign country, the parties hereby stipulate and agree and irrevocably consent to the sole and exclusive jurisdiction and venue in any resulting legal action of the State or Federal Courts in the County of Salt Lake, State of Utah. In the event of litigation regarding and/or to enforce these Terms and Conditions, the prevailing party shall be entitled to costs and attorneys’ fees. DUS is registered as a "Seller of Travel" with the Attorney General’s offices of California (#2067927-40), Washington (#602207085) and Hawaii (TAR-6164). Registration as a seller of travel does not constitute approval by the various states.
20. Entire AgreementThese Terms and Conditions (together with the Application and any documents referenced herein or additional directives or rules provided by DUS) in addition to any written, waiver/release forms or guaranties that may be required by DUS from the Participant (and Participant’s legal guardian) constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof. No change, amendment, termination or attempted waiver of any of the provisions hereof shall be binding upon DUS, unless it is in writing and signed by DUS. In entering into these Terms and Conditions, Participant and Participant’s legal guardian acknowledge that they have conducted such due diligence as they deem necessary and appropriate (with the opportunity to obtain legal or other professional advice), have carefully read and understand the terms of the Agreement, have entered herein knowingly and voluntarily and have not actually or reasonably relied upon any representation, promise or agreement not contained in these Terms and Conditions.
21. Invalidity of Particular ProvisionsIf any term or provision of these Terms and Conditions and Agreement are declared illegal, invalid, unenforceable or void, the remaining terms and provisions of these Terms and Conditions shall not be affected thereby, and shall remain effective and fully enforceable.
22. NoticeAny written notice provided or required hereunder shall be sent through the following methods: US Mail, personal service, FedEx or UPS.The address where notice is to be sent or provided to DUS is: 1755 N 400 E #201, North Logan, UT 84341.