This is a legal
and binding agreement (the “Agreement”) which, when agreed to by
submitting an online application on www.teachaway.com (the” Application”), will permanently
limit your ability to recover from the parties indicated below for injuries
or losses you may sustain as a result of participating in employment,
study, or volunteer program overseas. The purpose of the terms
and conditions set forth below is to outline the relationship between
Teach Away Inc. (hereinafter referred to as “Teach Away”), you (hereinafter
referred to as “the Teacher” or “You” or “I”), and your
overseas employer (hereinafter referred to as the “Hiring Institution”)
in relation to any part of your participation in overseas paid or unpaid
assignment including work and study abroad (hereinafter referred to
as the “Program”). THIS AGREEMENT AFFECTS YOUR RIGHTS, PLEASE
READ CAREFULLY BEFORE SUBMITTING THE APPLICATION.
The following
terms and conditions apply to the Teacher’s participation in the Program:
Participation in the Program and Assumption of Risk:
I freely choose
to participate in the Program and I agree to travel to the location(s)
that are required of the Program for the purpose of working, researching,
studying, or volunteering.
I understand
that by participating in the Program I will be in an unfamiliar surrounding
and will be exposed to risks to my person and possession. I understand
that I may suffer physical injury, sickness or death, or damage to my
property as a result of my participation in the Program; and that there
is a possibility of violence and crime, civil unrest, natural disaster,
homesickness, and loneliness. I freely and voluntarily accept
and assume all such risks, dangers and hazards.
I agree that
my safety is primarily dependent upon my taking proper care of myself
and avoiding any activity or behavior which would harm me or others.
Despite precautions, accidents and injuries can occur. I freely
choose to participate in the Program and assume all risks in relation
to the activities I undertake while participating in the Program including
but not limited to loss or injury, death, illness, bodily harm, theft
or loss which may result from accidents, natural disasters, extreme
weather conditions, crime, civil unrest, terrorism, war or riot.
By submitting
my application to the Program I certify that I am physically and emotionally
capable to carry out the duties required of me by the Hiring Institution.
I further certify that I do not have any mental, physical, or other
medical issues which may affect my ability to participate in the Program
in a professional and respectful manner.
I acknowledge and agree that Teach Away is not responsible for arranging any medical, personal health, dental or accidental insurance coverage, or any insurance coverage protecting the Teacher’s personal possessions for the Teacher in relation to the Teacher’s participation in the Program (“Insurance”) and that it is my responsibility to ensure Insurance for the duration of the Program.
I further acknowledge
and agree, that unless the Teacher and the Hiring Institution separately
agree in writing to have Insurance as part of the Program, the Hiring
Institution is not responsible for arranging Insurance and that arranging
for any and all Insurance for the duration of the Program is solely
the responsibility of the Teacher.
Participation in the Program and Employment Overseas:
I expressly
agree that I am not an employee of Teach Away, and have no employee
rights or benefits including, without limitation, any workers’ compensation
benefits. I understand that Teach Away is not a Hiring Institution
but rather an agency that introduces me to the Hiring Institution.
I understand that by receiving an acceptance from Teach Away I am not
guaranteed a placement with the Hiring Institution. I further
acknowledge that the final offer of employment and participation in
the Program is provided by the Hiring Institution.
I understand
that while Teach Away offers support in preparation for the Program,
the Program is a relationship between the Teacher and the Hiring Institution
and subject to a separate agreement between the Teacher and the Hiring
Institution. Teach Away is not liable for any disputes: financial,
physical or otherwise that may occur between the Teacher and the Hiring
Institution in connection with the Program, including but not limited
to, breach of contract by the Teacher or the Hiring Institution, bankruptcy,
or violation of host country’s laws. Furthermore, Teach Away
is not responsible for arbitrating a dispute between the Teacher and
the Hiring Institution nor the outcome of any such disputes including
but not limited to termination of contract between the Teacher and the
Hiring Institution and guarantee of further employment or participation
in the Program.
I understand
that Teach Away is not an agent of, and has no responsibility for, any
third party including without limitation any sponsor or Program that
may provide any services, equipment, training or activities associated
with the Program. I agree to inform myself about the potential
dangers of the areas I am traveling to and precautions which should
be taken for health, immunization, political and consular information.
Participation in the Program and Assumption of Responsibility:
I understand
that I am responsible for preparing all necessary documents required
for participation in the Program and agree that I am responsible for
all costs associated with preparation of such documents. I further
acknowledge that I am responsible for all transportation and accommodation
arrangements and costs associated with the Program. If any of
these arrangements are offered by the Hiring Institution, I understand
that these arrangements are only between I and the Hiring Institution
and as such do not hold Teach Away responsible for any such arrangements.
I am fully
aware that by participating in the Program I am required to abide by
laws and customs of my host country and the Hiring Institution.
I agree to
be accountable in all respects for my own actions and not to ask Teach
Away or its employees to accept the consequences thereof; further, I
agree to be responsible for any third party claims, liabilities, damages,
fines made against Teach Away in relation to such actions. I acknowledge
that I have been advised by Teach Away of such risks and dangers as
well as the need to act in a responsible manner at all times.
I recognize that despite all support offered by Teach Away to the Teacher,
Teach Away will not supervise any of the Hiring Institutions’ Programs,
living arrangements, or extracurricular activities carried out throughout
the Program.
Personal Information:
Teach Away
is committed to protecting the privacy of all applicants and participants
of the Program. I authorize Teach Away to collect my personal
information for the purposes of determining my eligibility for the Program.
I further authorize Teach Away to share this information with potential
Hiring Institutions for the purpose of securing my employment overseas
and assisting in any travel arrangements associated with the Program.
Personal information
such as academic background, resume, cover letter, contact information,
age, and any financial information is confidential and will only be
shared with potential Hiring Institutions for the purpose of securing
employment and application to the Program.
Teach Away
stores all information submitted through Teach Away’s online application.
If the Teacher wishes to remove personal information from Teach Away’s
system, the Teacher can submit a written request to Teach Away.
I understand
that my communication with Teach Away, including but not limited to
emails and phone calls, pertaining to my experience in the Program may
be used by Teach Away for the purpose of promoting the Program.
I agree to allow Teach Away to use any such information for reproduction,
website content development and promotional material related to Teach
Away and the Program. I further understand that any communication
related to the Program such as pictures, questions, feedback, ideas,
lesson plans, and suggestions are available for use by Teach Away for
any purpose whatsoever. Aforementioned communication does not
include personal information such as resume, cover letter, financial
and academic history, preferences and age. Teach Away does not
sell or distribute the Teacher’s personal information. Teach
Away only shares personal information with the potential Hiring Institution
for the purpose of employment and participation in the Program.
Liability Waiver:
I forever release
and hold harmless Teach Away and its employees from any and all liability
for any loss, damage, injury or expense that I or my next of kin may
suffer as a result of my participation in the Program including but
not limited to injury, bodily harm, property damage, transportation,
civil unrest, accidents, civil unrest, war, natural disasters, scheduling,
government restrictions and regulations, and any and all expenses which
I may incur while participating in the Program.
In consideration
of Teach Away’s support of the Program, I covenant not to sue and
agree to indemnify and hold harmless Teach Away from any and all causes
of action, claims, demands, losses or costs of any nature whatsoever
arising out of or in any way relating to my participation in the Program.
This Agreement
is effective commencing the time that the Teacher submits an Application.
The provisions of this Agreement shall survive the expiration or termination
of a Teacher’s participation in the Program. I herby certify that
I have read this Agreement in its entirety and that I agree to all terms
and conditions outlined in this Agreement. I further certify that
I am legally competent and that I freely agree to this Agreement.
I understand
that this Agreement cannot be modified or interpreted except in writing
by Teach Away and that verbal or interpretation modifications shall
not be valid. In case of death, this Agreement is effective and
binding upon my next of kin, heirs, representatives, executors, administrators
and assigns, in the event of death.
Governing
Law: This Agreement shall be exclusively governed by and construed
in accordance with the laws in force in the Province of Ontario, including
all applicable federal laws of Canada.
Use of Website: Under no circumstances, included but not limited to, negligence, shall Teach Away be liable for any special or consequential damages arising from the use of, or inability to use this website. Teach Away website may contain links to third party websites. Teach Away is not responsible for the content or use of such third party websites.