Dream Volunteers, a California 501(c)(3) non-profit organization (“DV”), of PO Box 390726, Mountain View, CA., 94039, and ______________________ (“Volunteer”), hereby agree as follows:
1. Standards of Conduct
(a) DV reserves the right to establish and enforce reasonable rules and standards of conduct to facilitate the well being and enjoyment of our Volunteers and other trip participants. Failure to comply with such rules and standards may result in Volunteer being barred from participating further in the trip. If necessary to enforce its rules and standards, DV will, at its sole discretion, have Volunteer removed from the Trip, at Volunteer’s sole cost and expense, without subsequent refund of any portion of the price paid. In the event of such removal, Volunteers will no longer be considered a part of the Trip. The Volunteer hereby releases DV from any and all liability arising out of, or in connection with, Volunteer’s said removal.
(b) DV reserves the right to limit or preclude participation in the Trip to any Volunteer who has a misdemeanor or felony conviction. Such information will be confidential and will not be disclosed by DV to any Sponsors or other third parties not affiliated with DV.
2. Releases and Indemnification
(a) Sporting activities, including without limitation swimming, snorkeling, parasailing, bungee jumping, boating, rafting, diving, skating, hiking, camping, surfing, jet skiing, water skiing, wave running, motor vehicle rentals, attending night clubs and activities, ground or other tours offered by local vendors or merchants, and any other sporting event or physical exertion, may result in injuries or damages to Volunteer and others. Thus, Volunteer’s participation in such sporting or other activities is entirely voluntary and is undertaken at Volunteer’s own risk.
(b) If Volunteer chooses to drive a motor vehicle or ride in a non-sponsored Trip vehicle during the Trip period, whether for purposes of work or leisure, Volunteer does so at his/her own risk. Any activities or choices made by Volunteer that involve alcohol or reckless driving are engaged in at Volunteer’s own risk. DV does not condone consumption of alcohol or drugs, and warns Volunteer that driving while under the influence of alcohol or drugs is against the law. By signing this Agreement, Volunteer agrees that DV shall not be liable for any damage, loss, or injury resulting from Volunteer’s participation in any such activities.
(c) DV will arrange for accommodations for Volunteer during the Trip, to include hotel lodging, breakfast, lunch and dinner most days, a few planned activities, and daily transportation to all DV sponsored activities. Nevertheless, DV does not assume responsibility, and Volunteer hereby releases DV from any liability, for any act, omission, injury to person or property, loss, inconvenience, accident, delay, irregularity, negligence or default of any DV partners, hotel, common carrier company and/or their employees, staff, servants or subcontractors providing any services, accommodations, or facilities in connection with the Trip. DV is also not responsible for lost or stolen baggage or any other personal property of Volunteer.
(d) Volunteer shall defend, indemnify, and hold harmless DV from any claim, demand, obligation, liability, loss, cost, or expense (including attorney fees), including without limitation any injury or damage to person or property of any third party, arising in any manner from any act, omission, fault, neglect, breach, violation, or default of Volunteer under his Agreement or otherwise related in any manner to Volunteer’s participation in the Trip.
(e) Volunteer hereby releases DV Partners from any claim for worker’s compensation, health care, or any employment or unemployment benefits related in any manner to the Trip. Volunteer also releases DV from any claim, demand, obligation, liability, loss, cost, or expense arising from any act or omission of DV Partners.
3. Medical Release. Volunteer represents to DV that he/she is in good physical and mental health and has no medical condition or disability, or need for prescription medication, which would require special attention or would limit Volunteer ‘s performance during the Trip (except where separately noted in writing to DV’s corporate headquarters prior to acceptance to attend the Trip). However, if Volunteer becomes ill or injured during the Trip, Volunteer agrees that DV shall have the right, but not the duty, as agent for Volunteer, to take reasonable action to secure emergency medical or dental attention for Volunteer and any transportation related thereto. In such event, Volunteer agrees to pay for any expense incurred for such medical attention, transportation, or other related emergency services, and to reimburse DV for any sums advanced or paid therefore. Any and all medical expenses incurred by Volunteer are the sole responsibility of Volunteer. DV does not provide health insurance for Volunteer during the Trip, and Volunteer is advised to obtain his/her own health insurance.
4. Recorded Media. Volunteer understands that DV often documents its trips and programs by video, photographs, testimonials from Volunteers, and other means (collectively, “Recorded Media”). Volunteer agrees that DV may use any means to record or otherwise memorialize Volunteer’s participation on the Trip, and expressly authorizes DV to utilize any Recorded Media of Volunteer in DV ‘s promotional material and websites, or otherwise as DV may elect, at any time in the future, without compensation to Volunteer or any further permission or consent of Volunteer.
5. Forces Beyond Control. If forces beyond DV’s reasonable control (e.g., blackouts, storms, road closures, visa denials, stolen passports, transportation strikes, or acts of terrorism) cause the Trip to be extended or delayed, Volunteer must pay all extra costs associated with such extension or delay (e.g., extra lodging, meals, and transportation, including change of scheduled flight fees), or must reimburse DV for any such increased expenditures made on Volunteer ‘s behalf. In the unlikely event the entire Trip is canceled prior to the start of the trip due to circumstances beyond DV’s reasonable control, DV shall refund payments made to date by Volunteer. In the event that forces beyond DV ‘s reasonable control occur after the start date that directly leads to the interruption of the Trip, Volunteer will not be entitled to a full refund. In such event, DV will reasonably attempt to recover payments made to third party contractors on Volunteer’s behalf, and will refund to Volunteer any amounts so recovered; nevertheless, there is no assurance that any sums whatsoever will be recovered.
6. Dispute Resolution. If any dispute related to this Agreement or the Trip arises between the parties, which they are unable to resolve, each party waives the right to file legal action and to trial by judge or jury. Instead, upon the request of either party, such dispute shall be submitted to arbitration in accordance with California Code of Civil Procedure sections 1280-1294.2 (specifically including section 1283.05) or any successor statutes. The arbitrator shall be required to follow California law, and shall prepare written findings stating the reasons and law on which the decision is based. The decision in writing of the arbitrator shall be final and binding on both parties, and judgment thereon may be entered in any court of competent jurisdiction. All fees and expenses of the arbitrator shall be paid equally by the parties, unless the arbitrator decides to the contrary. Exclusive jurisdiction and venue of any legal action or arbitration shall be in San Mateo County, California.
7. Notice. All notices under this Agreement or by law shall be in writing and shall be deemed duly served and given (i) when delivered personally, (ii) when deposited with a nationally recognized commercial courier for overnight or second day delivery, (iii) when transmitted by facsimile or electronically, with proof of transmission, or (iii) when deposited in the United States mail, first-class postage prepaid, sent registered or certified with return receipt requested. All such notices shall be addressed to the parties at their addresses set forth below or at such other addresses directed by notice given in accordance with this paragraph.
8. No Assignment; Binding Effect. Volunteer may not assign any of his/her rights or obligations under this Agreement without the prior written consent of DV. Subject to such limitation, this Agreement shall inure to the benefit of and bind the parties and their respective successors, assigns, and personal and legal representatives. Any release of liability of DV under this Agreement shall extend to all agents, summer staff, employees, officers, and directors of DV.
9. Entire Agreement. This Agreement constitutes the sole and entire agreement between the parties concerning this transaction. All written or oral agreements, representations, and understandings not expressly contained herein are hereby superseded and of no further force or effect. No modification or amendment of this Agreement shall be binding unless executed in writing by the party(ies) to be charged. No waiver of any provision of this Agreement shall be deemed or constitute a continuing waiver of that provision or a waiver of any other provision of this Agreement. Time is of the essence of this Agreement.
10. Payment Policy
10.1 Volunteer has agreed to pay the applicable volunteer trip fee at enrollment in consideration of DV providing the opportunity for Volunteer to participate in providing humanitarian and educational assistance and in consideration of DV providing accommodations and other services for Volunteer.
10.2 A deposit of 40% of your trip cost, payable by check or credit card, is due at the time of enrollment. Please make checks payable to Dream Volunteers.
10.2.1 A balance of the remaining 60% is due no later than one month prior to departure. Please pay online or mail payments to our Redwood City Headquarters at PO Box 390726, Mountain View, CA., 94039. Late payments may result in the cancellation of your trip and the forfeiture of your deposit.
11. Cancellation and Refund
11.1 Dream Volunteers reserves the right, in its sole discretion, to reject an individual at any time prior to departure, or to cancel the DV Guatemala Volunteer Trip in which Volunteer is scheduled to participate.
11.2 In the unlikely event of such a cancellation, or if Volunteer has been rejected, the total amount paid to DV will be refunded, unless the cancellation is due to non-payment by the agreed upon due date. Other than such refund, DV will not be responsible to Volunteer for any other refund, costs, interest, liability or damages of any kind.
11.3 If Volunteer cancels for any reason, Volunteer must notify Dream Volunteers in writing. The cancellation will be effective upon receipt of the writing by DV in its offices in Redwood City, CA.
11.4 No portion of the volunteer trip fee is refundable if Volunteer cancels their participation after making payment if received and deposited by DV.
11.5 If the Volunteer is fundraising, all contributions from sponsors must be received by DV prior to departure. If Volunteer has fundraised over the amount of the Volunteer Trip, no funds can be refunded. If funds are received after the departure date and Volunteer does not participate in the trip, the total amount of those funds will be held on file for one year from the original program start date to be used for another DV Volunteer Trip. No portion of these funds is eligible for refund.
11.6 No refunds will be made for unused portions of the Volunteer Trip or because of Volunteer’s failure or inability to participate in the DV Volunteer Trip. This includes lost passports or declined visas.
11.7 Volunteer is responsible for transportation to the start location. Volunteer is also solely responsible for any airfare or other travel fees, charges, expenses or penalties that might result from any cancellation of or change in Volunteer’s program, whether Volunteer cancels the program or it is cancelled or altered by DV.
11.8 It is very important that the Volunteer understands the cancellation policy. If it is not clear, Volunteer should ask for clarification. DV cannot make exceptions to this cancellation policy for any reason, including medical emergencies. DV strongly urges Volunteer to purchase trip cancellation insurance.
12.1 If the Volunteer is fundraising and would like an extension of his or her due date to 15 days prior to departure, Volunteer must inform DV that he or she is fundraising and the due date will be changed upon DV receiving the first sponsor payment.
12.2 If the Volunteer will be receiving a matching gift from his or her company, neither the original payment nor the amount matched is refundable to the Volunteer or the company. For example, if the Volunteer’s contribution to the program fee is $100 and the company gives a matching gift of $100, then neither contribution of $100 is refundable.
13.1 By signing the DV Volunteer Trip Agreement, Volunteer acknowledges that there are dangers in traveling, and as such Volunteer participates at his/her own risk and assumes full responsibility for personal injury and property damage caused to himself/herself which arises out of such inherent danger.
13.2 As consideration for the Volunteer’s participation in the DV Volunteer Trip, it is further expressly agreed by Volunteer and DV, its directors, officers, team leaders, agents, and representatives (collectively referred to as Released Parties) shall not be liable for any claims, demands, injuries, damages, actions or causes of actions, whatsoever made or incurred by Volunteer or his/her property arising out of or connected with the preparation of a DV trip, the actual trip itself or post-trip activities, use of any services or facilities of DV or the premises where same are located, delays, substitutions of equipment, or any act or omission whatsoever, brought about by any airline, hotel, car rental company, government agency, or any other individual, organization or corporation, their agents or employees.
13.3 Furthermore, Volunteer does hereby expressly forever release and discharge Released Parties from all such claims, demands, injuries, damages, actions or causes of actions and formal acts of passive or active negligence on the part of the Released Parties.
13.4 As further consideration for the Volunteer’s participation in the DV trip, Volunteer agrees to indemnify and hold harmless the Released Parties from all claims, judgments, and costs, including attorney’s fees, incurred in connection with any such claims, demands, actions or causes of actions brought by or on behalf of Volunteer.
13.5 In addition, Volunteer recognizes that he/she is traveling as a tourist and, while on site, will be the guest of the local people and the sponsoring organization. Consequently, the Volunteer agrees to abide by all applicable rules of the sponsoring organization, and the laws of the government in the places of the program offering. The Volunteer agrees to indemnify and hold harmless the Released Parties from all claims, demands, injuries, damages, actions or causes of actions resulting from Volunteer’s failure to abide by such rules and laws.