I understand and agree that this agreement shall constitute a binding contract between the undersigned and "ISE". "ISE" is definedto include: International Student Exchange, Inc., its affiliates, and their owners, directors, officers, and employees.1. I hereby waive and release ISE to the maximum extent permitted by law, from any claims, causes of action, and liability forany loss or damage (including, without limitation, damage to property, personal injury, illness, or death) suffered or incurred inconnection with the Program, by me (or my dependent), whether based on breach of contract, statutory duty or warranty, negligence,or any other grounds.2. I will indemnify ISE for any loss or damage incurred or suffered by it and caused by me (or my dependent) in connection withthe Program.3. ISE does not own or operate any entity which is to or does provide goods or services for the Program (except that it employsregional directors and staff and may cover participant with ISE affiliated travel insurance), including, for example, arrangementsfor 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 entertainmentproviders, etc. All such persons and entities are independent contractors. As a result, ISE is not liable for any negligent or willfulact or failure to act of any such person or entity, or of any other third party. Without limitation, ISE 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 servicesoccasioned 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 ofaccommodations, 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 forany failure of any transportation mechanism to arrive or depart timely, dangers associated with animals, sanitation problems, foodpoisoning, epidemics or the threat thereof, disease, lack of access to or quality of medical care, difficulty in evacuation in case of amedical or other emergency, or for any other cause beyond the direct control of ISE.4. 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.5. ISE retains the right, in its sole discretion, to contact participant's school, parents, and/or guardian with regard to health issuesor any other matter whatsoever which relates to participant or participant's program. These rights transcend any and all privacyregulations that may apply.6. In the event of a medical emergency, ISE will attempt to cause appropriate treatment to be administered. However, it makes nowarranty that it will be able to cause effective (or any) emergency treatment to be administered.7. ISE, in its sole discretion, can approve or disapprove of any participant's housing.8. ISE reserves the right to decline, accept, dismiss, or retain any person as a participant in any program at any time before orduring the program for any reason. If a participant is removed by ISE from a program for cause, or if the participant voluntarilyleaves the program, there will be no refund of any payments made.9. I agree that all of the information provided in the application is true to the best of my knowledge and that any falsification ofor failure to disclose any relevant information may lead to immediate dismissal from the program.10. All program applications are subject to acceptance by ISE in Babylon, NY, U.S.A.11. I give ISE permission to use any written, photographic, or video images of me (or my dependent) in the course of reportingon and/or promoting ISE programs.12. Participant and parent(s)/guardian(s) are responsible for all fees and charges associated with this program. This includes, butis not limited to, any private school tuition, fees, medical bills not paid by insurance, or other associated costs incurred.13. I give my son/daughter permission to travel with the host family, organized and adult supervised school or organizationalfunction, or ISE organized trip.14. In the event any part of this "ISE Program Participant Contract and Waiver" is found to be legally void or unenforceable, thensuch part will be stricken but the rest of this document will be given full force and effect.15. COMPULSORY ARBITRATION: I agree that any dispute concerning, relating, or referring to this contract, any literatureconcerning this program, or the program itself shall be resolved exclusively by binding arbitration in Babylon, NY, according to thethen existing commercial rules of the American Arbitration Association. The arbitrator and not any federal, state, or local court oragency 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 orvoidable. Such proceedings will be governed by substantive New York law without reference to its conflict of laws provisions.
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