EduKick Program Terms and Conditions

The undersigned parent or legal guardian (the "Parent") of the minor participant (the "Participant") and the Participant hereby agree to the terms and conditions set forth herein regarding Participant's application to and participation in any programs (the "Program" or "Programs") provided by EduKick, Inc.

1. Payment Method/Fees

   EduKick will accept the following methods of payment:

   • By Credit Card - no administration fee for payments under $3,000 USD. Payments equal to or above $3,000 USD are subject to a 3.00% administration fee.
   • By Bank wire transfer - no administration fee charged (free)
   • By Bank Cheque - no administration fee (Less than 10 business days before payment date a mail courier must be used to expedite the cheque to EduKick Inc)

2. Payment of Program Fees

   The amount to be paid EduKick by Participant, as well as the schedule of payments, depends on the type of Program that Participant chooses to attend. A list of payment schedules is set forth below. In all cases, a deposit in US Dollars is required upon submission of this application by Participant.

   1. Summer Camps, Spring or "Weekly" Camps, and Individual Monthly Camps:

      1. Payment 1

         A $200.00 USD non-refundable administration fee and a deposit of $499.00 USD for a total or $699.00 USD is required upon submission of the Program application.

      2. Payment 2

         60% (sixty percent) of Program fee balance due 60 (sixty) days prior to start date of Program

      3. Payment 3

         Balance of Program fee due thirty (30) days prior to start date of Program

      Camp Cancellation/Refund Policy

      Once EduKick finalizes a Program, it makes financial commitments on Participant's behalf and is obligated to secure and pay its overseas and domestic Program partners for many aspects of the program, including accommodations, language training, soccer/futbol training, ground transportation, excursions and any other services. As a result, refunds (with the exception of the non-refundable registration fee*) can only be extended to Participant according to the schedule and for the amounts listed below:

      If cancellation occurs 30 or more days prior to departure, Participant will be refunded all amounts paid with the exception of the $200.00 administrative fee

      If cancellation occurs less than 30 days prior to departure date of Program, Participant will be refunded all amounts paid less the $200.00 administrative fee and the $499.00 Program deposit.

      No refunds will be provided in cases where Participant of a Summer Camp Program or Custom Monthly Program chooses to permanently withdraw upon or after the departure date of such Program.

      *Although non-refundable, the registration fee may be transferable to another EduKick Program in exceptional circumstances and at the sole discretion of an authorized representative of EduKick.

   2. Boarding School/Extended Stay Program

      • Full Year:

        1. Payment 1 - A $200 non-refundable administration fee and a deposit equal to 15% (fifteen percent) of Program fee upon submission of application
        2. Payment 2 - 60% (sixty percent) of Program fee balance due July 1
        3. Payment 3 - Balance of Program fee due September 1

      • Half Year
        

        1. Payment 1 - A $200 non-refundable administration fee and a deposit equal to 15% (fifteen percent) of Program fee upon submission of application
        2. Payment 2 - Balance of Program fee due November 1

      Boarding School/Extended Stay Cancellation/Refund Policy:

      If cancellation occurs 30 or more days prior to departure, Participant will be refunded all amounts paid with the exception of the $200.00 administrative fee and a $500.00 cancellation fee.

      If cancellation occurs less than 30 days prior to departure date of Program, Participant will be refunded all amounts paid less 25% of Program fee.

      If cancellation occurs on or after departure date of Program, Edukick will issue a refund of 50% of the cost of the Boarding School Program in which Participant is enrolled, in cases where Edukick receives Participant's request for permanent withdrawal from the Program in which he/she is enrolled prior to September 15. NO REFUND will be issued for any Participant of a Boarding School Program who voluntarily withdraws from the Program in which he/she is enrolled on or after September 15.

      Boarding School Late Payment Fees & Program Forfeiture:

      Payments received by EduKick after the due date of the Boarding School Program in which the Participant is enrolled (as listed above and also on the EduKick Registration Form) are subject to late payment fees as described below:

      1. An initial $150 (one hundred fifty US dollars)

         late fee will be assessed on any student account upon which payment # 2 is not made by the payment due date of July 1st.

      2. An additional $150 (one hundred fifty US dollars)

         late fee will be assessed on any student account upon which payment # 2 is not made within 14 days by the payment due date of July 1st.

      3. An additional $150 (one hundred fifty US dollars)

         late fee will be assessed on any student account upon which there remains an outstanding balance after the due date of the final payment of September 1st.

      4. An additional $150 (one hundred fifty US dollars)

         late fee will be assessed if outstanding balance has not been paid in full within 30 (thirty) days of the due date of the final payment of September 1st.

In all cases, the account of a Participant in any of the EduKick year-round boarding school Programs must be paid in full prior to the January start-date of the 2nd semester of the Program in which Participant is enrolled. EduKick reserves the right, in its sole discretion, to not allow a Participant to attend the 2nd semester of the Program in which he/she is enrolled if Participant's account is not paid in full by such date. Further, Parent and /or Participant acknowledge and agree that, if necessary, Participant's full cost of returning home from the Program's host country will be at Parent and/or Participant's sole expense.

EduKick also reserves the right to suspend any or all of its present or future services to Participants who have not met their financial obligations to any Program. Such services include, but are not limited to, the release of academic transcripts, grades, references, and placement materials, as well as access to various campus offices and facilities.

Any account that is severely delinquent may be referred to a collection agency or lawyer for collection. Any expenses incurred by EduKick in doing so will be added to the balance due.

*Although non-refundable, the registration fee may be transferable to another EduKick Program in exceptional circumstances and at the sole discretion of an authorized representative of EduKick.

3. Team Tours and Tournaments Abroad

   1. Payment 1 - A $1,000.00 USD registration fee. This fee is non-refundable if tour is cancelled by the team. If team proceeds to make payment #2, the $1,000.00 USD is credited and deducted from final balance payment (Payment #4)
   2. Payment 2 - 20% (twenty percent) of Team Tours and Tournaments Abroad Program fee due ninety (90) days prior to start date of Program
   3. Payment 3 - 60% (sixty percent) of Team Tours and Tournaments Abroad Program fee balance due 60 (sixty) days prior to start date of Program
   4. Payment 4 - Final Balance of Team Tours and Tournaments Abroad Program fee due 30 (thirty) days prior to departure date
   
   

   Team Tour Cancellation/Refund Policy

   Although non-refundable, the registration fee may be transferable to another EduKick Program in exceptional circumstances and at the sole discretion of an authorized representative of EduKick.

3. Program Contents/Daily Itinerary

   Please refer to the website at www.edukick.com for a complete description of what is included in the Program fees for each particular Program. EduKick reserves the right to make changes, cancellations, or substitutions to the Program for reasons including, but not limited to, insufficient enrollment, emergency or changed conditions in a host country, or other circumstances beyond EduKick's control which may affect a Program. If the Program is canceled 60 (sixty) days or less from the Program start date, a full refund will be issued. Whereas EduKick makes every attempt to follow the Daily Itinerary of a Program, as posted on our website, the actual daily itinerary is subject to change and EduKick reserves the right to make such changes.

4. Late Arrival to Gate City (Air transportation is not included in any of the Programs)

   Participants, however, will be notified in advance of the specific flight from the North American "gate city" to the Program host city on which EduKick provides an adult monitor or monitors (the "EduKick flight"). It is the Participant's responsibility to arrive at the designated airport far enough in advance to meet the EduKick monitor(s) and board the EduKick flight. EduKick is not responsible for a late arrival of any Participant regardless of the cause. If a Participant fails to arrive on time for the EduKick flight, EduKick will make reasonable efforts to have an adult monitor wait for the Participant, secure overnight lodging at the gate city, and arrange for the next available flight to the Program host city. Parent and/or Participant agree to pay for all of Participant's expenses incurred as a result of Participant's late arrival including flight change fees, ground transportation to and from hotel and airport, overnight lodging, meals, and reimbursement of flight change fees of EduKick adult monitor.

5. Delayed Flights

   EduKick is not responsible for any inconvenience or expense caused by a delay to any connecting flight reserved by a Participant or any Group chaperoned flight. EduKick will assist Participants with re-ticketing and booking next available flights and booking hotels for overnight stays if required but all costs incurred must be paid for by Participant. EduKick will provide the necessary support to Participant in any claim against the airline for the delay.

6. Lost or stolen Property

   EduKick is not responsible for any inconvenience or expense incurred by an incident of lost or stolen property. All of Participant's belongings and valuables are the responsibility of Participant. EduKick will provide support to Participants if an incident occurs, inform the local police of the incident and help Participant file a lost/stolen report.

7. Incident/accident outside of EduKick Program

   EduKick is not responsible for any incident/accident that occurs outside of the supervision of any EduKick Program. EduKick staff must be informed and give authorization to any Participant who wishes to take part in an activity outside the Program. A parental permission release form is required to be signed by Participant's parent to release EduKick from any responsibility while Participant has left the program. If Participant leaves the Program without consent or without the required release form this is at there own risk.

8. Additional Charges

9. Insurance/Injuries

   1. Insurance

      EduKick is not responsible for events out of its control during any of its Programs which include, but are not limited to, instances of theft, burglary, assault, injury, loss of property, medical emergencies or other medical needs, acts of terrorism, Acts of God, or any other risks which arise as a result of traveling abroad. Accordingly, Parent agrees to procure on behalf of Participant, personal insurance necessary to cover all costs incurred by Participant in the Program. Parent agrees to provide EduKick with evidence of said insurance 30 days prior to Participant's departure for the host country of the Program. If evidence of the necessary insurance is not provided accordingly, EduKick reserves the right to deny Participant participation in the program. Parent and Participant acknowledge that it is his/her responsibility to understand the limitations of their insurance coverage and agree that EduKick is in no way responsible for any losses not covered by the insurance policy.

   2. Injury to Participant

      Injuries sustained by Participant while attending an EduKick Program, especially those occurring as a result of soccer training or participation in a soccer game, WILL NOT result in a refund. Injuries are an unfortunate part of participation in a sport and will inevitably occur. However, EduKick cannot recuperate the fixed cost of food, room and board, transportation, and all other expenses associated with Participant's attendance in an EduKick Program. If Participant needs to leave a Program due to injury, flights and other transportation must be arranged by Parent at Parent's expense. Future enrollment in an EduKick Program, however, will be discounted or credited accordingly.
      
      EduKick does, however, purchase a limited travel health insurance policy for each applicant that attends our summer camps or monthly programs. See here:
      

      http://www.culturalinsurance.com/ for North Americans participants

   http://www.mnui.com/ for all others participants.

10. Travel Documentation

    The procurement of any passport, visas or other required travel documents necessary to participate in the Program is the sole and absolute responsibility of Parent and Participant. Copies of all travel documents should be kept by Participant and Parents in the event of an emergency. Whether a U.S. citizen or not, Participant shall hold EduKick harmless in the event Participant cannot obtain the necessary documents for participation in the EduKick Program. Participant further understands that the inability to obtain visas and other documents does not constitute grounds for a refund or waiver of any Program fees.

11. Agreement to Abide by EduKick Policy

    Parent and Participant acknowledge that each has read and understand the Policies contained in this Policy Page, as well as the Code of Conduct attached hereto as Exhibit A and incorporated herein by reference, and will abide thereby. Failure to comply with the Policies of EduKick and the Code of Conduct may result in disciplinary action of Participant including, but not limited to, dismissal from the Program at the sole and absolute discretion of EduKick. If Participant is dismissed from a Program for failure to comply with the Policies of EduKick, Parent and Participant agree that
    (a) the full cost of returning home is at Parent and Participant's sole expense, and
    (b) Participant will not receive a refund of any Program Fees as a result of the dismissal.
    Parent and Participant further agree that participation in the Program may be terminated if Participant is expelled, suspended or otherwise disciplined from a partner school, or by civil authorities, or if EduKick, in its sole and absolute discretion, determines that Participant's conduct is incompatible with the interests, safety or welfare of other participants in the Program. Parent and Participant agree to indemnify EduKick if EduKick sustains any financial loss or liability as a result of the actions of Participant.

12. Hold Harmless

    Parent and Participant hereby agree to indemnify and hold harmless EduKick, its officers, directors, employees, shareholders, affiliates, agents and representatives, from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys' fees) and expenses, arising out of or resulting from participation by Participant in any EduKick Program.

14. Limitation of Liability

    IN NO EVENT SHALL EDUKICK 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, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY OTHER THAN THE INTENTIONAL MISCONDUCT OR WILLFUL MALFEASANCE OF EDUKICK. IN NO EVENT SHALL EduKick’s TOTAL AGGREGATE LIABILITY TO THE PARTICIPANT UNDER CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID By THE PARENT AND PARTICIPANT TO EDUKICK.

15. Dispute Resolution Policies and Grievance Procedures

    In the event where Participant has a complaint with any part of a program, the following grievance procedures must be followed for all program locations.
    
    1. Participant will address all such complaints, concerns, conflicts or related problems immediately and directly with the EduKick resident or the appropriate representative of EduKick's partner organization on the ground in the host location. At which time, EduKick and/or its partner organization will attempt to rectify the problem by working directly with participant and by offering proposed solution(s).
    2. If EduKick or its partner organization are unable to devise a mutually-acceptable solution, participant or parent must complete an official complaint form (which can be acquired from an EduKick representative or that of its partner) and submit directly to the host representative and the Program Coordinator with whom participant enrolled for that specific program at EduKick headquarters in a further attempt to rectify any conflict. The complaint form will then be reviewed by the Program Coordinator who will discuss the specifics with the appropriate representative in the host country and directly with the participant. Further solutions to resolve the complaint will then be presented to the participant, one of which must be accepted by participant or parent within reason.
    3. If all proposed solutions have not rectified the problem and the participant still feels the situation, including all proposed solutions, is unreasonable, the participant or parent must notify the management at EduKick head office in writing and explain the full details of the situation. At this stage a decision will be made by EduKick, at its sole discretion, whether a refund of any amount is warranted. All decisions made by EduKick, in its sole discretion, are final.
    4. If participant leaves program host country before exhausting all grievance procedures, no refunds will be provided and no further recourse is available to participant from that point.

16. Use of Information

    EduKick occasionally uses photographs of its Program Participants on its website and print marketing materials. Parent and Participant consent to use of such photographs. Participant agrees that EduKick may add participant's name and email address to an email distribution list which will be shared with other Participants on an EduKick Program, unless EduKick is otherwise notified in writing.

17. Miscellaneous

    1. Entire Agreement

       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.

    2. Governing Law

       This Agreement shall be governed and construed in all respects by and in accordance with the laws of the State of Illinois.

    3. Notices

       Any notices required or permitted hereunder shall be given to EduKick at the address specified below or at such other address EduKick shall specify in writing and to Parent and or Participant at the address specified on the Program application or at such other address as Parent and/or Participant shall provide in writing to EduKick. Such notice shall be deemed given: upon personal delivery; if sent by telephone facsimile upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.
       EduKick, Inc.
       3501 N. Southport Avenue, #115
       Chicago, Il 60657

    4. Costs of Prevailing Party

       If either party brings an action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including attorneys' fees, from the other party within reason.

    5. 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.

EXHIBIT A

Participant Code of Conduct

Participants in EduKick Programs are expected to respect the local people and customs of the host country in which they are visiting. Participants are subject to local laws, standards of living, and all that comes with living in a foreign country. Participants may also be subject to the rules and regulations set forth by the host institution.

1. Participant Responsibility

   Participants are responsible for understanding issues related to the legal, cultural, safety, health, political, and religious issues of their host country. Participants are responsible for themselves while traveling abroad and are expected to respect local people, customs, property, laws, and all other aspects of life in the host country.

2. Security

   It is not possible for EduKick or its partners to be solely responsible for the Participant's security while abroad. Each Participant is responsible for one's own safety and therefore should be constantly aware of their environment and the situations they put themselves in. Any activity which endangers oneself or another participant in an EduKick program is unacceptable. A Participant that knowingly and purposely engages in such behavior may be asked to leave the program with no refund at the sole discretion of EduKick.

3. Drugs, Alcohol, and Weapons

   Most EduKick Participants are minors, and consequently EduKick WILL NOT tolerate any involvement, be it consumption, sales, or possession, of alcohol, drugs, any other illegal substances, and/or weapons of any kind. Should EduKick or its affiliated partners learn of any such activity, unlawful drinking of alcoholic beverages, or illegal purchases, those participants will be immediately expelled from the EduKick Program in which they are enrolled and no refund will be provided.

4. Program Activity Attendance

   It is essential that Participant attend all language classes and soccer training to keep up with the group. Each Participant is expected to maintain 100% attendance to all scheduled activities (including sport, language classes, social activities, etc.). If deemed by EduKick or its partners that a participant has failed to attend courses in accordance with their program requirements, EduKick at its sole discretion may dismiss the participant from the program with no refund provided.

5. Free Time

   Participants should be aware that EduKick Programs are academic and athletic in nature and that "free time" is somewhat limited. Please note, however, that there will be occasional “down time” between activities when Participants will be responsible for entertaining themselves for short periods of time at the affiliated hotel or residential lodging facility. This time is intended for rest, emailing home, visiting with fellow campers, personal time in room for study, watching TV, etc. EduKick Programs are designed to be group activities and thus, we expect all Participants to engage in all activities. EduKick's bilingual professional staff provides daily supervision of Participants. Participants will NOT be allowed to travel apart from the group at any time without explicit permission by an EduKick staff member. Parents CANNOT provide "special permission" for Participants to engage in any activity that is not part of the regular EduKick curriculum. Participants are expected to arrive in a timely matter at all times to group activities. EduKick reserves the right to dismiss a participant that knowingly violates these rules.

6. Local Customs and Laws

   Participant understands and agrees that the Program entails travel to a foreign country, with different customs, standards, laws and risks to which Participant may be unaccustomed. Participant understands and acknowledges that (a) he/she may not agree with local customs and standards; (b) he/she may be arrested and/or imprisoned upon acts committed in violation of local laws; (c) there exists crime in foreign countries and that he/she may be a victim of such crime. Participant understands and accepts the above-described risks and other risks associated with travel in, to and among foreign countries. Participant understands that he/she is responsible for exercising caution and common sense at all times and agrees to release and not hold EduKick responsible for any such problems encountered while participating in an EduKick program. EduKick minors that consume alcohol or illegal drugs or violate any other local law will be subject to arrest and/or imprisonment (upon acts committed in violation of local laws).