AIFS Terms and Conditions (THE “AGREEMENT”)
American Institute For Foreign Study, Inc., a Delaware corporation (“AIFS Abroad”), with an address at 1 High Ridge Park, Stamford, CT 06901, and you, the applicant (“You” or “Participant”), hereby agree as follows:
Application to Program
You hereby apply for acceptance into an AIFS Abroad program (the “Program”). The Program enables Participant to study at an overseas institution and/or to perform work for a host company or organization (“Host”). If interning, neither AIFS Abroad, nor the Host (unless it chooses to do so at its option) will pay Participant for such work. Participant further understands and acknowledges that the agreement between Participant and AIFS is not binding on AIFS Abroad until (i) Participant is accepted into the Program and has paid his or her Program Fees (as defined below) and (ii) Participant agrees to AIFS Abroad’s (a) Terms and Conditions, (b) Agreement and Release, (c) Code of Conduct and, if interning, (d) the AIFS Abroad Program Contract, each as separately provided to you or available on the AIFS Abroad website.
Application Fee
Applicants will be charged a $150 non-refundable application fee. The application fee is not considered part of or able to be applied in any way to any other fees, such as tuition, paid to AIFS Abroad as part of your participation in the Program (“Program Fees”). There will be no exceptions to the refund policy.
Program FEES
The Program Fee and any other fees for the Program can be found on the relevant program location pages on the AIFS Abroad website.
EXCURSIONS
Dates and itineraries for excursions are tentative and subject to change. Participants must enroll and pay for the optional excursions by the final payment deadline. Prices are indicated on the website and vary by excursion. Once paid for excursions are non-refundable except in the event of cancellation by AIFS Abroad. There will be no exceptions to the refund policy.
ENROLLMENT DEPOSIT PAYMENT AND REFUND POLICIES
Applicants will be charged a $500 enrollment deposit payment (“Enrollment Deposit”). The Enrollment Deposit reserves your Participant’s position in the Program, and, since AIFS Abroad will make numerous financial commitments upon acceptance and enrollment into the Program, the Enrollment Deposit, except as otherwise provided herein, is non-refundable. There will be no exceptions to the refund policy. Enrollment Deposit is due before AIFS Abroad can begin to formally process Participant’s enrollment. The Enrollment Deposit will be applied towards any Program Fee balance. The terms of this Agreement are effective upon receipt of the Enrollment Deposit.
Payment Policy and Options
For on-location Programs, upon acceptance and receipt of the non-refundable Enrollment Deposit, which will be applied towards Program Fees, AIFS Abroad offers two payment options (“Payment Options”) for the final balance due on the Program Tuition: (i) Pay in 30 Days: the Program Fee balance will be due within 30 days of enrollment; or (ii) Financial Aid: use of home institution financial aid arrangements. The use of home school financial aid should be discussed and implemented with the Student Accounts team or with the Program Advisor or Program Manager. Failure to receive financial aid will not relieve you of your obligation to pay the balance on the Program Fees or entitle you to a refund of the Enrollment Deposit. A 5.00% installment fee added to the Program Fees due from Participant to use of a payment plan.
Payment due dates may be modified for enrollments confirmed close to the deadlines. Unless a statement is received in writing from AIFS Abroad staff extending any deadline, you must enroll by submitting your full deposit within 14 days of being accepted into the program. For the virtual internship program, there is no payment plan option and the applicable Program Fee must be paid in full within 30 days of enrollment.
Balance of Program Fee
Participant agrees to pay the balance of the Program Fee according to the payment terms selected among the Payment Options at the time of enrollment. AIFS Abroad reserves the right to collect any unpaid balances using all remedies available at law or in equity.
LATE OR FAILED PAYMENT POLICY
Because AIFS Abroad incurs expenses immediately upon your depositing into the Program, late payments on non-deposit payments will be charged a $50.00 late payment fee and will accrue interest until paid in full at the lesser of (i) eighteen percent (18%) per annum or (ii) the maximum rate allowed by applicable law.
A fee of $35.00 will be charged for any failed or returned payments.
Non-Refundable Program Fee
Upon payment of the Enrollment Deposit, AIFS Abroad will reserve Participant’s place in the Program and will make immediate financial commitments on Participant’s behalf related to Participant’s participation in the Program. Therefore, Participant understands and agrees that when Participant electronically executes this Agreement by clicking on the “Terms and Conditions Approved” box on the Program application, Participant’s has made a commitment and agreed to pay the entirety of the Program Fee subject to the “Cancellation/Withdrawal and Refund Policy” guidelines provided below.
Accommodations
The Program Fee includes accommodation in an apartment, residence or homestay, which choice shall be in AIFS Abroad’s sole discretion. Unless noted otherwise or student is enrolling in the AIFS Abroad Travel Package, Participant is responsible for arranging their own transportation and for payment of any related costs incurred for transportation between their accommodations and the Program locations, including, but not limited to, fare for buses, taxis, trains or any other transportation costs. AIFS Abroad does not guarantee the location of accommodations, nor does it guarantee any amenities that may or may not be included in the accommodations.
Program Changes
AIFS Abroad reserves the right to make changes, cancellations or substitutions to the Program for any reason, including, without limitation, insufficient enrollment, emergency or changed conditions or based upon other circumstances which may affect the Program. Any expenses incurred due to such changes, cancellations or substitutions are at Participant’s expense, including, without limitation, travel arrangements and changes in accommodations. If Participant chooses to withdraw from the Program as a result of any such changes, there will be no refund of any portion of the Program Fee or of any other expenses. Additionally, if any change Participant makes results in additional fees, Participant will be responsible for paying such fees in full by the established payment due date.
Flights, Travel Risks and Procurement of Travel Insurance
Unless Participant enrolls in the AIFS Abroad Travel Package, AIFS Abroad does not make flight or travel arrangements so participants will be responsible for their own bookings as well as flight costs and fees charged by the airlines. There are risks associated with international travel, and it is important that Participant be aware of the specific risks as they relate to the host country for the Program.
For travel to all non-US locations, AIFS Abroad will register Participant for travel/medical emergency insurance, which is included in the Program Fee.
For travel to US locations, AIFS Abroad does not obtain travel insurance for Participants. However, Participant is still required to procure all travel insurance necessary to cover Participant for the entire length of the Program. If Participant fails to register, AIFS Abroad assumes no responsibility or liability for any costs or damages incurred as a result of not having the proper insurance, and Participant specifically acknowledges and agrees that AIFS Abroad will not be held responsible for any uninsured losses.
The virtual internship Program Fee does not include travel/medical emergency insurance, as there is no travel involved in the Program.
All enrolled Participants are required to sign an Acknowledgement of Risk as part of their tasks in order to participate in the Program.
Travel Documentation
Obtaining a passport and any other required travel documents, including visas, is Participant’s responsibility and is at his/her/their expense. For Participants enrolling in the AIFS Abroad Program in Spain or Italy in the Spring and Fall Semesters, AIFS Abroad may be able to provide assistance through a visa processing program. This is an opt-in service, and a relevant fee will be assessed.
AIFS Abroad is not an immigration agency, and it is each Participant’s responsibility to review, determine and satisfy the travel requirements applicable to their own personal situation prior to enrollment. Participant shall hold AIFS Abroad harmless in the event Participant cannot obtain the necessary documents for participation in the Program. The inability to obtain visas or other documents does not constitute grounds for a refund or waiving of any portion of the Program Fees.
For the virtual internship Program, Participant will not be able to secure visas to travel internationally based upon the internship experience.
Cancelation/Withdrawal and Refund Policy
Participant Withdrawal and Refunds prior to the start of the program.
Using the postmark, email or fax date of a participant’s withdrawal letter as the official withdrawal date (or next business day if this is a weekend), the following refund policy applies:
If a Participant withdraws:
More than 61 days before program start: 100% refund, less Enrollment Deposit and application fees
Between 31 and 60 days program start: 50% refund, less Enrollment Deposit and application fees
Within 30 days of program start: Recoverable costs only, less Enrollment Deposit and application fees
Participants who have not paid their program fees and do not notify AIFS Abroad in writing of their intent to withdraw before a payment deadline for their program are also subject to the stated refund policy. They will be invoiced accordingly and responsible for the balance due.
Participants Choosing to Leave the Program Early
Participants choosing to leave the Program early once it has commenced for personal, medical or other reasons are not entitled to any refund. Completion of academic credit will be determined on a case-by-case basis. Participants dismissed for disciplinary reasons shall receive no refund of any kind and forfeit any academic credit.
Missed Program Benefits
There are no refunds for meals, accommodation, cultural activities/excursions, tuition or transportation missed by participants.
If Participant is unable to complete the Program after it has begun due to outside factors both unrelated to and beyond the reasonable control of either AIFS Abroad or Participant (including, without limitation, if the Host or Overseas University ceases to do business or terminates its participation in the Program, or if a country’s visa-granting agency refuses to grant necessary work permits or visas to Participant, etc.), there is no assurance any funds will be recovered, and AIFS Abroad will have no liability for a refund beyond what is recovered. This does not include matters that are personal to Participant.
AIFS Cancelation of a Program
Should AIFS cancel a program prior to departure for reasons within its control (including due to lack of enrollment), participants will be notified, and options include moving to another program location, receiving financial credit towards another program (either for a future term or a virtual program during the same term), or a full refund, including Enrollment Deposit. This is the only unique situation where a non-refundable deposit can be returned.
Should AIFS Abroad cancel a program (including once the program has started) for reasons beyond its control including, but not limited to, Acts of God, government actions (including those restricting travel), pandemics, fire, flood, explosion, earthquake, or other natural forces, war, civil unrest, accident, terrorism, any strike or labor disturbance, or any other event similar to those enumerated above (a “Force Majeure Event”) participants shall only be entitled to recoverable costs, which may vary greatly depending on whether the program has already begun.
For those Participants who have purchased the AIFS Abroad Travel Package, after the Program has begun and upon a Program cancellation, AIFS Abroad will make arrangements to bring Participants back to the U.S. but Participants will be responsible for any additional flight fees charged by the airline(s). Participants with the AIFS Abroad Travel Package that opt to make their own return flight arrangements, rather than have AIFS Abroad do so, will not receive any refund for the unused return flight included in the AIFS Abroad Travel Package. Once a flight has been changed, whether by Participant or by AIFS Abroad, each Participant (both with the AIFS Abroad Travel Package and without) is responsible for any fees associated with a change in their return flight.
For those Participants who have not opted to purchase the AIFS Abroad Travel Package, after the Program has begun and upon a Program cancellation, they will be responsible to make their own return arrangements and for any and all flight costs and fees charged by the airlines.
AIFS Abroad pays program costs, including but not limited to housing, tuition, social/cultural activities/ excursions, flight packages, safety and security and administrative costs, in advance before the start of the program and these costs are not typically recoverable. In the event of cancellation, AIFS Abroad will endeavor to obtain refunds from suppliers and pass any recovered costs on to Participant.
Virtual Internship Program
If Participant wishes to withdraw from the Program, the following applies:
For cancellation prior to being offered a virtual internship placement, Participant will be eligible for a full refund of the Program Fee less $500.
For cancellation after the virtual internship placement is confirmed, Participant will not be eligible for a refund of any kind.
Internship Placement Process
AIFS Abroad uses commercially reasonable efforts to locate internship placements in the first or second placement area outlined on Participant’s acceptance letter. Participant must attend all interviews arranged. The Participant is expected to accept a position upon receiving an offer from a Host (provided it matches one of the placement areas indicated on the Participant’s acceptance letter), and Participant’s failure to accept such an offer would be a breach of a commitment to participating in the Program. If the first Host that has interviewed Participant is unable to offer an internship, AIFS Abroad will use commercially reasonable efforts to obtain another opportunity for Participant to interview with a different Host. All internship offers will be communicated to the Participant either by phone or email, and Participant is required to accept or decline a position by phone or email, as well. If the Participant rejects a properly made offer, AIFS Abroad is not responsible for finding another placement.
Early Termination of Internship while on the Program
Participant must provide two (2) weeks’ notice to both AIFS Abroad and the Host if Participant intends to terminate an internship ahead of the anticipated internship end date. If the Host chooses to terminate the Participant’s internship early, Participant’s Program and housing will also be terminated, and Participant will be entitled to no refund whatsoever. Upon notice of termination, AIFS Abroad will provide up to 72 hours (3 days) of assistance to Participant to arrange alternative housing and/or their departure. AIFS Abroad is under no obligation to re-place Participant in a new internship in such situation.
For Internship Participants – Relationship of Participant, AIFS Abroad and Host
Participant, after enrollment, is a member of the AIFS Abroad Internship Program, and the rights and obligations between Participant and AIFS Abroad are expressly limited to the terms and conditions of this Agreement, the Program Contract, the AIFS Abroad Agreement and Release, the AIFS Abroad Code of Conduct and any other documentation or agreements that may be required of Participant. The Participant will not be an employee or independent contractor of AIFS Abroad while in the Program. The Host is providing the opportunity for the Participant to gain valuable experience as an intern working for the Host; otherwise, subject to relevant applicable law, the Host has no obligations to Participant under the Program, and the Participant will not be an employee or independent contractor of the Host while in the Program (unless the Host independently offers the Participant a paid internship position).
For Internship Participants – Participant’s Work Commitment
Participant is expected to attend and participate in the Program for its entire length. Participant will work for the Host based on a schedule requested by the Host and, if applicable, comply with any visa requirements. Any requests for time off must be submitted in writing and approved by the Host [and AIFS Abroad], and Participant may be released from their full work commitment under the Program only with AIFS Abroad’s prior written consent.
Dispute Resolution Policies and Grievance Procedures
If Participant has a complaint about the Program, whether before or during, and wishes to rectify the issue, Participant must communicate in writing with the on-site Director. AIFS Abroad will then review and make a decision, in its sole discretion, whether any action is warranted. All decisions made by AIFS Abroad, in its sole discretion, are final. Any participant who has experienced or witnessed harassment or discrimination and does not feel comfortable reporting to staff on-site – or if the incident involves on-site staff – they should email reporting@aifs.com. The email should describe the misconduct and identify the individual(s) involved in the incident.
REcorded Media
AIFS Abroad often documents its programs by video, photographs, testimonials from participants and other means (collectively, “Recorded Media”). Subject to electing the provided “opt-out”, AIFS Abroad may use any means to record or otherwise memorialize Participant’s participation in the Program, and Participant authorizes AIFS Abroad to utilize any Recorded Media of Participant in AIFS promotional material and websites, or otherwise as AIFS may elect, at any time in the future, without compensation to Participant or any further permission or consent from Participant.
Representations and Warranties
Participant hereby represents and warrants that: (i) Participant have all requisite power and authority to enter into and perform Participant’s obligations under this Agreement; (ii) Participant will abide by all applicable laws, rules and regulations and will endeavor to comply with all local customs; (iii) Participant will carry out Participant’s duties as a Program Participant to the best of Participant’s abilities; and (iv) all of the information provided by Participant herein is true and accurate. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIFS ABROAD DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT, WITH REGARD TO ANY MATERIALS AND/OR INFORMATION PROVIDED AS A PART OF THE PROGRAM.
Limitation of Liability
In no event shall AIFS Abroad be liable for any consequential, indirect, exemplary, special, incidental or punitive damages of any kind, including, without limitation, damages for any loss of opportunity or other pecuniary loss, even if AIFS Abroad has been advised of the possibility of such damages or losses, whether such liability is based upon contract, tort, negligence or other legal theory. In no event shall AIFS Abroad’s total aggregate liability to Participant under claims arising under this Agreement exceed the total amounts paid by Participant to AIFS Abroad under this Agreement during the twelve (12) month period preceding the date of the initial event resulting in such claims.
Force Majeure (Forces Beyond Control)
AIFS Abroad shall not be deemed in default of this Agreement for any delay or failure to fulfill any obligation hereunder so long as and to the extent to which any delay or failure in the fulfillment of such obligation is prevented, frustrated, hindered or delayed as a consequence of any Force Majeure Event. In the event of any such excused delay, the time for performance of such obligations shall be extended for a period equal to the time lost by reason of the delay. A party claiming the benefit of this provision shall, as soon as reasonably practicable after the occurrence of any such event, (a) provide written notice to the other party of the nature and extent of any such Force Majeure Event; and (b) use commercially reasonable efforts to remove any such causes and resume performance under this Agreement, or any ancillary agreements, addendums or materials, as applicable, as soon as reasonably practicable. Notwithstanding the foregoing, should the Force Majeure Event suffered by a party extend beyond a two-month period, the other party may then terminate this Agreement by written notice to the non-performing party, with the consequences of such termination as if this Agreement had been mutually terminated. Provided, however, in such event, all cancellation policies and payment obligations of Participant shall be as provided herein (refer to section entitled “CANCELLATION/WITHDRAWAL AND REFUND POLICY”).
No Assignment; Binding Effect
Participant may not assign any of the Participant’s rights or obligations under this Agreement without AIFS Abroad’s prior written consent, to be given or withheld in AIFS Abroad’s sole and absolute discretion. Subject to such limitation, this Agreement shall inure to the benefit of and bind the Participant and AIFS Abroad, and their respective successors, assigns and personal and legal representatives. Any release of liability of AIFS Abroad under this Agreement shall extend to AIFS Abroad’s agents, staff, employees, officers, directors and shareholders, and to all other persons and entities affiliated with AIFS Abroad.
Severability
If any portion of this Agreement is held by any court to be illegal, void or otherwise unenforceable, the remainder of this Agreement will nevertheless continue unimpaired and in full force. In such an event, the court shall be authorized, upon the motion of either party, to modify this Agreement to the minimum extent required to render it valid and enforceable and to carry out the purposes and intent as set forth in this Agreement.
Notices
Any notices required or permitted hereunder shall be given to the appropriate party at the address specified above or at such other address as the party shall specify in writing. Such notice shall be deemed given: upon personal delivery; if sent by telephone facsimile, upon confirmation of receipt; if sent by internationally recognized courier service, the second business day after delivery to the courier service; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.
Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same Agreement.
Entire Agreement; Waiver; Modification; Headings
This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No terms contained on any proposal, purchase order, acknowledgment or other document will be effective with respect to affecting the terms of this Agreement. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver of such party’s rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. No waiver, modification or amendment of any provision hereof will be effective unless it is in a signed writing by the parties. The headings of the various sections of this Agreement have been inserted only for the purposes of convenience and are not part of this Agreement and shall not be deemed in any manner to modify, explain, expand or restrict any of the provisions of this Agreement.
Your Undestanding
You have read and understand this Agreement and agree to all of the terms and conditions herein.
Enforceable Agreement
You acknowledge You are bound by this Agreement when You submit it to AIFS Abroad, either via online application or paper application. You acknowledge this is a fully enforceable and legally binding agreement that is accepted by all Program participants upon application to the Program, and You will not be released from your obligations under this Agreement unless either (i) You are not accepted for the Program or (ii) as specifically set forth in this Agreement.
Waiver of Privacy and Confidentiality in Certain Situations
I also hereby waive any right to privacy or confidentiality regarding AIFS Abroad reporting to the appropriate authorities at my home school if I am seriously ill; suffer an injury; am the victim or perpetrator of harassment, whether on or off campus; am the victim or the perpetrator of sexual or gender-based misconduct and/or of criminal behavior, or my health and well-being may otherwise be at risk, whether on or off campus, or otherwise engage in behavior that violates the AIFS Abroad Code of Conduct (or any other obligations to which I have agreed to adhere to as part of my participation in the Program) and I grant AIFS Abroad staff, faculty and administrators full authority to report to the appropriate authorities at my home school any and such all incidents, under the applicable laws (including but not limited to Title IX and Clery Act), whether or not it involves disciplinary action.
governing law; modifications
My agreement to these terms and contained in this Agreement will be effective when my application is submitted to AIFS Abroad and shall be governed by the laws of the State of Connecticut.
This agreement cannot be modified except in writing by AIFS Abroad.