Encountour LLC is a limited liability company formed under the laws of the State of New York, USA, and the laws of the State of New York govern this Agreement.
In this Agreement, “Encountour” means the company, its members, directors, officers, employees, and agents. “You” and “your” refers to the person signing this Agreement. “Participant” refers to clients who participate in an Encountour Trip. “Trip” means any expedition, project, course, trip, or other activity anywhere throughout the world, arranged by Encountour from time to time. The “Student Outreach Director” is an independent, commissioned salesperson who assists Encountour with campus-recruitment efforts. The “Host” refers to the entity(ies) (e.g., school, clinic, hospital, organization, and/or government agency) which invited Encountour and/or to which you are assigned to serve, and its employees, agents, officers, and directors.
Trip fees and deadlines can be found on Encountour’s online Sign Up page. A nonrefundable deposit, which is applied toward the Trip fee, is due with the Sign Up Form. The balance of the Trip fee is due on the date specified on the Encountour Sign Up page. In order for Encountour to properly prepare for your Trip, it is imperative that we receive your registration materials and payments by the specified deadlines. If you submit your deposit, the balance of your Trip fee, flight information, or your Medical Form after the specified date, you must pay a late fee of $50 per late item. The Trip fee does not include insurance, visas, airfare, extra expenses incurred in emergency situations, or anything else not specifically mentioned in the Trip itinerary. You authorize Encountour to use your fee for general operating purposes until the Trip begins.
The Trip fee covers lodging, meals in homestays and when specifically indicated on the Trip itinerary, in country ground transportation for scheduled activities, administrative expenses, and project costs.
The Trip fee does not include meals other than those listed, insurance, visas, airfare, medical bills, items of a personal nature including laundry, excess baggage charges, emergency evacuation, extra expenses incurred in emergency situations, and any item not specifically listed as included. You are responsible for any additional costs you may incur during free time and personal time, and for activities that are outside the Encountour Trip. Encountour is not responsible for the acts or failures of anyone who provides services to you.
Encountour may cancel any Trip at any time. Encountour may also reject a participant registration anytime before departure. Encountour will refund the total amount you paid to Encountour (1) if the Trip is filled at the time you register, (2) if Encountour does not accept your booking for any reason, or (3) if the Trip is canceled for any reason other than a natural disaster or a U.S. State Department travel warning that applies to the country to which you are traveling. In the event of a natural disaster or U.S. State Department travel warning, Encountour’s standard Refund Policy will apply.
If you cancel your Trip for any reason, you must notify Encountour in writing. Encountour will not make refunds for unused portions of the Trip or because of your inability to participate according to the scheduled itinerary. Please note that Encountour does not refund penalties charged by airlines or travel agents. If you cancel the Trip, you will receive a partial refund according to the following refund schedule:
Over 60 days before Trip: Trip deposit is not refunded. 100 percent of balance is refunded.
60 to 30 days before Trip: Trip deposit is not refunded. 55 percent of balance is refunded.
Less than 30 days before Trip: Trip deposit is not refunded. 25 percent of balance is refunded.
You understand that you are under a duty to inform Encountour in advance of the Trip of any medication requirements, any allergies and any other physical or mental condition or limitation that might disable or render you unable to perform or safely complete the Trip. You are the best judge of your own condition and limitations, and you acknowledge that it is incumbent on you to fully disclose the extent of any conditions or limitations. You represent, warrant and affirm that you have discussed this Trip, its remote location, potential risks and physical and mental demands with your personal physician, and that you are physically and emotionally fit and able to undertake this Trip. You agree to notify Encountour of any physical and medical condition at least 4 weeks prior to departure and also of any changes in your physical and medical condition occurring after submitting your registration. Encountour reserves the right to require documentation from a doctor or specialist verifying that you are fit and able to undertake this program and Encountour reserves the right to reject a booking on the grounds of the doctor's comments. Encountour shall not in any event be held liable for any consequence arising out of your failure to take advice or medication as prescribed by a medical practitioner both prior to departure and during the Trip. Encountour reserves the right to reject applicants who require special medical care. You acknowledge and agree that Encountour reserves the right to accept or reject any person as a Participant at any time, or to require you to withdraw from a Trip at any time if it is determined in Encountour’s sole discretion that it is in the best interest of your health and safety, and/or in the best interest of the Trip in general.
In the event of a medical emergency, you consent to be hospitalized, have surgery, or receive other necessary healthcare, and you agree to pay for all medications and services provided. You give Encountour permission to make medical decisions on your behalf if you are unable to consent to treatment at the time of illness.
You are responsible for ensuring that you have a valid passport, any necessary visa, permits and vaccinations and have obtained and supplied all relevant valid documentation for the Trip in terms of travel documents and medical documents.
Encountour cannot be held responsible for a country's decision to refuse entry, exit or the right of passage (national and local laws governing immigration). You must ensure that you contact the relevant Embassy to acquire the relevant Visa or Tourist Permit prior to commencing the Trip.
If you arrive in your destination country before the advertised Trip start date, Encountour can arrange for a hotel/hostel and airport pick-up for you for an additional fee. If you arrive early and wish to organize your own logistics, then there will be no extra fee, but you will be required to meet your group at the airport, and Encountour will be unable to assist you in any way before the arrival of your group.
It may be necessary for Encountour to pass data about you from time to time. You hereby agree that Encountour may disclose your personal data, including any sensitive personal data such as relevant medical history, to Encountour staff, Encountour partners, the Host and any other representatives in the host countries.
You grant Encountour permission to use your likeness in an image, photograph, voice, or video in any and all of its publications and marketing materials, including website entries, without payment or any other consideration. You understand and agree that these materials will become the property of Encountour and will not be returned. You irrevocably authorize Encountour to edit, alter, copy, exhibit, publish or distribute this image, photograph, voice, or video for purposes of publicizing Encountour’s programs or for any other lawful purpose. In addition, you waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of the image, photograph, voice, or video. You agree to hold harmless and release and forever discharge Encountour from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization.
You acknowledge that there are dangers in traveling to and living in the country you are registering for. You agree to travel and participate at your own risk. You agree to assume full responsibility for injury to you, including death and emotional trauma, and damage to or theft of your property.
Any information provided by Encountour, including but not limited to information about visas, vaccinations, healthcare, climate, baggage, group sizes, itineraries, and special equipment is given in good faith for information and for educational purposes only but without responsibility on the part of Encountour.
Encountour is not responsible for the acts or failures of the Host. In particular, Encountour shall have no responsibility for any activities undertaken by you outside the scope of those directly relating to the Trip. No warranty is given in respect of any activities outside the scope of those relating to the Trip and it is your 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 you that were not arranged or procured by Encountour, its employees or agents.
You understand that certain risks may arise, including, but not limited to, hazards of traveling in remote areas; travel by motor vehicles, plane, train or any other means of conveyance; hazards of local voluntary work, which include, but are not limited to the use of hazardous construction and agricultural tools; swimming in strong currents; the forces of nature; civil disturbances; national or international conflicts; criminal acts; terrorism; arbitrary itinerary changes made by foreign governments or vendors; accident or illness in remote locations without immediate evacuation or medical facilities; or negligent acts of third parties. You hereby assert that you know, understand and appreciate these and other risks inherent in the expedition and acknowledge that your participation is completely voluntary and assume all risk associated with the expedition and that you will hold Encountour 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 your participation in this expedition or any activities arranged by or for you by Encountour, its agents or employees. You further expressly agree 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 of the Agreement shall, notwithstanding, continue in full legal force and effect. The terms of this Agreement shall further extend to your heirs, personal representatives, successors and assigns.
Due to the inherent nature of international travel, Encountour cannot guarantee that your Trip will proceed according to the advertised brochure or itinerary. Encountour may change your Trip and/or itinerary at its discretion. While Encountour will attempt to communicate these changes in advance, it is not obligated to do so.
Notwithstanding any other provision of this Agreement, Encountour 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.
Except as provided for herein, you will not sue Encountour, the Host, or the Student Outreach Director because of the negligence of Encountour, the Host, or the Student Outreach Director. You will not sue Encountour, the Host, or the Student Outreach Director because of the negligence or intentional acts of anyone else. If anyone, e.g., you, a family member, spouse, etc., sues Encountour, the Host, or the Student Outreach Director because of the negligence of Encountour, the Host, or the Student Outreach Director because of the negligence or intentional acts of anyone else, you or your estate will reimburse Encountour, the Host, and the Student Outreach Director for all fees, including reasonable attorneys’ fees, costs, and if applicable, judgments rendered against them.
You may sue Encountour for intentional acts, gross misconduct or gross negligence engaged in by Encountour. Any such claims shall be settled exclusively by arbitration, before a single arbitrator, in accordance with the stipulations set forth in this agreement and the commercial arbitration rules of the American Arbitration Association (the "AAA"). Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. Arbitration shall be the exclusive remedy for determining any such dispute, regardless of its nature.
The arbitration shall be administered by the AAA in the event the parties cannot agree on the selection of an arbitrator or if one (or both) of the parties requests such administration. Any filing or administrative fees shall be borne initially by the party requesting administration by the AAA. The prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled to reimbursement from the other party for all of the prevailing party's costs (including but not limited to the arbitrator's compensation), expenses, and attorneys' fees.
Should any claims be asserted, you consent to exclusive jurisdiction and venue of the arbitration proceeding in New York City, New York. For any claim other than for bodily injury, you agree that the claim shall be limited to the amount of the Trip fee.
Encountour requires that all Participants arrive at the designated site by the scheduled Trip arrival date. You will be the guest of the local people and the Host. You agree to follow all applicable rules, policies and guidelines of Encountour and the Host, as well as the laws of the local country. If you do not follow all rules, laws, policies and guidelines, Encountour has the authority to ask you to leave the Trip immediately. If you are asked to leave, you agree to do so immediately, and Encountour shall have no further responsibility with respect to you or your Trip.
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of the Agreement shall nevertheless remain in full force and effect.