VOLUNTEER AGREEMENT FOR ADULT BUILDER PARTICIPATION
- Humanitarian XP is engaged in various humanitarian and intercultural programs involving underdeveloped and emerging locations throughout the world.
- Adult Builder desires to engage in one of the programs sponsored by Humanitarian XP and desires to provide representations and to enter into certain agreements to induce Humanitarian XP to consent to this participation.
- The following three documents are attached as Exhibits and by this reference are incorporated as a part of this Agreement: Code of Honor (Exhibit 1), General Terms and Conditions (Exhibit 2).
NOW THEREFORE, based upon the mutual covenants, representations, inducements, and agreements provided herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
- The Program. Based upon Adult Builder’s representations and information, the parties agree that Adult Builder may participate in an expedition sponsored by Humanitarian XP (“the Program”) and agree to pay the costs as set forth in the General Terms and Conditions, including all penalties for delay of payment.
- Application. Adult Builder has, by separate document or online, completed Program Application, Background Information, and Health Information forms providing comprehensive and accurate information to permit Humanitarian XP to evaluate the qualifications and appropriateness for Adult Builder’s participation in the Program. The information and representations in those forms are incorporated in this Agreement, and Adult Builder warrants and represents that all such information and representations are true and correct. Failure to provide accurate and up-to-date information on the application and required forms by the date required will result in forfeiture of Adult Builder’s participation in the Program.
- Nature of Project and Risks. In addition to the other representations and agreements contained in this Agreement, Adult Builder specifically acknowledges that:
a. He or she has read the Code of Honor (Exhibit 1), General Terms and Conditions (Exhibit 2), Consent to Travel, and Medical Power of Attorney (Exhibit 3) and is aware of the standards of conduct expected of all Builders in the Program; has attended, or agrees to attend, any briefing and training sessions, and has had full opportunity to make all inquiries and to ask all questions for clarification as to the nature, scope, and risks inherent in the Program in order to permit him or her to make an informed decision to engage in the Program.
b. He or she understands and acknowledges that the Program is not intended nor designed as a tourist expedition or as a job for which compensation is paid. Rather the Program is designed for Adult Builder to work under the supervision of one or more volunteer trip leaders (“Trip Leader”) to guide the Builders to accomplish humanitarian and intercultural goals and purposes. To this end, he or she acknowledges that it is Adult Builder’s obligation to use his or her best efforts to ensure the safety of the Builders, and that Adult Builder will endeavor at all times to use good judgment for not only Adult Builder’s own safety, but also the well-being of other Builders and Trip Leaders in the Program.
c. Most Humanitarian XP projects are conducted in remote parts of the world, under somewhat primitive conditions, working with impoverished people in emerging countries. Adult Builder will likely encounter unconventional modes of transportation, exposure to an alien culture, food, law, and religious practices, and Adult Builder will likely be involved in bivouac living conditions in a wide range of climate and temperature extremes. The work may be physically and/or psychologically demanding, at times with unpredictable results inherent in outreach programs.
d. The Program is led by one or more Trip Leaders between the ages of 21 and 35, who lack extensive training or certification in youth programs or expedition management. While they are outstanding individuals with some Humanitarian XP training prior to the trip, they cannot be expected to operate beyond a volunteer level capacity, including any medical or psychological treatment.
e. The Humanitarian XP health and vaccinations sheets are guidelines based on the recommendations of health professionals, but Humanitarian XP is not liable for any or all illnesses, sicknesses, contraction of insects, or medical emergencies, the risk for which is inherent in international travel.
f. Humanitarian XP has no control over or the ability to predict the existence of or changes in governmental stability, uprisings, weather or climate considerations, unforeseen emergencies, existence or appearance of diseases, Acts of God, or any other such material and substantive factors. As such, refunds should not be expected in case of such events.
g. As a result of the inherent risks associated with this type of program, as well as circumstances beyond the critical or the reasonable ability of Humanitarian XP to anticipate, there exists a risk of injury and death by participation in the Program. If there are any prior medical situations that may endanger Adult Builder or others on the trip, including undisclosed pregnancy, Humanitarian XP reserves the right to immediately send Adult Builder home. Adult Builder agrees to comply with Humanitarian XP’s instruction to return home.
h. As most Humanitarian XP projects are conducted in foreign locations, Adult Builder understands and agrees that he or she will be privy to both oral and/or written personal and/or confidential information of Trip Leaders, other Adult Builders, Builders, and any person living within the boundaries of the Trip area and will not disclose such information either during or after the Program without proper consent to protect the confidentiality of those persons except in the case of life-threatening circumstances.
i. Adult Builder understands that he or she is responsible for any diagnosed or undiagnosed mental or other health conditions he or she may have, including medications and treatments, for the duration of the Program. Adult Builder understands that the Program includes stressful and/or high-intensity situations. Adult Builder agrees that he or she will not hold Humanitarian XP, Trip Leaders, other Adult Builders, or Builders liable for exacerbation of symptoms or effects of any mental or other health condition that he or she has during the Program. It is imperative to Adult Builder’s well-being to disclose this information to Humanitarian XP as soon as possible. This does not imply that Adult Builder will necessarily be limited in participation in the Program.
j. Humanitarian XP strongly recommends that Adult Builder ensure that his or her domestic flight arrives at the airport departing for the international flight to his or her Program expedition 4-5 hours prior to the international flight departure. Humanitarian XP is not responsible for any delays resulting in changes to international flights. Adult Builder is responsible to timely pay any additional charges due to changes in international, including any penalties or processing fees.
- Arrangements with Independent Contractors. Most of the arrangements made for transportation, housing, and supply of Adult Builder and others involved in the Program shall be furnished by third party hotels, youth hostels, airlines, travel agencies, restaurants, service transportation companies, and other suppliers of arrangements, services, and accommodations. While Humanitarian XP shall exercise its best efforts to coordinate the Program with such service providers, all such services are ultimately performed by third parties and Humanitarian XP shall not be liable or responsible for any interruptions, errors, accidents, incidents, or failure of transportation housing, supplies, or the like.
- Insurance. Adult Builder represents that Adult Builder has or will have and maintain medical insurance sufficient for Adult Builder’s participation in the Program. Adult Builder acknowledges that Humanitarian XP has no obligation to provide any medical insurance coverage or to provide for payment of medical expenses on behalf of Adult Builder. Adult Builder shall be solely responsible for the payment of all such insurance costs and expenses. If Humanitarian XP does arrange for or assist in obtaining any insurance, such arrangements shall be as an accommodation only, and Humanitarian XP shall not be deemed an agent, underwriter, broker, or guarantor of any such policies, the payments thereunder, or for the financial stability of any insurance company.
- Specific Prohibitions and Remedies. Adult Builder agrees that Humanitarian XP and all Builders, including Adult Builder, are subject to the applicable laws, regulations, cultural restrictions, and similar requirements of the respective countries and areas in which the Program will be conducted. In addition, Adult Builder agrees that he or she will abide by all of the rules and regulations of Humanitarian XP, including, but not limited to, any rules a Trip Leader may incorporate in his or her respective trip. Accordingly, in addition to and not in limitation of any other provisions and remedies in this Agreement, Adult Builder specifically represents and agrees:
- Adult Builder shall not possess, or cause to be delivered: any contraband as deemed by the Humanitarian XP Office; alcoholic beverages; drugs, except legitimate medicines prescribed by a physician, prescribed only to Adult Builder; firearms or other weapons; or pornographic, obscene, or other offensive written, photographic, or recorded materials.
- Representatives of Humanitarian XP shall have the right, without limitation, to confiscate and dispose of or destroy any items or properties which Humanitarian XP deems to be offensive, contraband, prohibited items, or any other items which might deter Humanitarian XP from accomplishing its objectives.
- Humanitarian XP may, in its sole discretion and at Adult Builder’s sole expense, send the Adult Builder home before the end of the Program if Adult Builder violates: any provision of this section; any provision of the Agreement; any applicable laws or regulations of the United States and/or Program country locations; any reasonable standard of appropriate conduct, General terms and conditions; Program rules; or the Code of Honor. Adult Builder agrees that he or she will fully indemnify Humanitarian XP for any loss suffered as a result of Adult Builder’s behavior.
7. Release. Adult Builder knowingly and voluntarily assumes full responsibility for all risks related to Adult Builder’s participation in the Program and in any other activities undertaken in connection with the Program, including all risks associated with Adult Builder’s own health problems and physical or emotional limitations. Furthermore, for himself or herself, his or her heirs, personal representatives, successors, and assigns, Adult Builder releases Humanitarian XP and all officers, employees, agents, and representatives of Humanitarian XP, without any limitation or qualification, from any and all liabilities, claims, demands, and actions of any nature which might be made by Adult Builder or his or her estate on account of any losses, expenses, damages, or inconveniences of any kind concerning property or personal injuries (physical or emotional) or death which may result directly or indirectly from Adult Builder’s participation in the Program, unless that damage or injury is the direct and proximate result of the gross negligence or wanton or reckless misconduct of Humanitarian XP or that of Humanitarian XP’s employees, agents, or staff members.
a. Humanitarian XP relinquishes all responsibility related to Adult Builder upon return arrival at the predetermined airport in the United States, which may be subject to change.
8. Media and Personal Information Release. Adult Builder grants and conveys to Humanitarian XP all right, title, and interest in any and all photographic images, video and audio recordings, and quotes made or obtained by Humanitarian XP during Adult Builder’s participation in the Program. Adult Builder also authorizes Humanitarian XP to verify any or all of the information contained in this application and to notify the Adult Builder’s ecclesiastical leaders of Adult Builder’s participation in the Program.
9. Priority of Laws and Regulations. Unless the provisions of this Agreement are superseded by applicable laws and regulations of the various applicable governmental entities under which the Program will be conducted, the interpretation and application of the Agreement shall be governed by the laws of the State of Utah.
10. Unenforceable Provision. If any court or governmental entity finds any provision of this Agreement to be unenforceable, the balance of the Agreement shall continue in full force and effect with the unenforceable portion eliminated.
11. Default. If either party defaults in any of the covenants, agreements, or other obligations in the agreement, the defaulting party shall pay all costs and expenses, including reasonable attorney’s fees, incurred by other party in enforcing its rights arising under this Agreement, whether incurred through legal action or otherwise.
12. Binding. This Agreement shall be binding upon and inure to the benefit of Humanitarian XP and Adult Builder, their heirs, agents, personal representatives, successors, and assigns.
13. Paragraph Numbers and Headings. The paragraph and subparagraph headings and numbers used are for purposes of convenience only and shall not be considered in the interpretation of this Agreement.
14. Entirety of Agreement. This Agreement, including its exhibits, constitutes the entire agreement between Adult Builder and Humanitarian XP, and supersedes all previous agreements between them relating to its subject matter. Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance, or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement. Nothing in this clause shall limit or exclude any liability for fraud or for fraudulent misrepresentation.
CODE OF HONOR – FOR ALL PARTICIPANTS (Exhibit 1)
- Adhering to this Code of Honor is mandatory for each Builder, Adult Builder, and Trip Leader, each of which is referred to herein as a “Participant”.
- Participant agrees to obey and sustain the laws of the United States of America and of any host country while Participant is with any Humanitarian XP Program. Without limiting this agreement, Participant specifically agrees to make honest and complete declarations at customs, paying for any and all declarations.
- Participant will respect the property rights of others. This includes, but is not limited to, refraining from shoplifting, concealment, damage, or misuse of the property of others, including hotels or any other facilities or supplies used in the Program. Participant will compensate any of the aforementioned persons if he or she is found responsible for violating others’ property rights.
- Participant will not be involved in drug use. This includes but is not limited to the possession, use, or distribution of any narcotic and/or controlled substances (as defined by applicable law), except as prescribed by a licensed medical practitioner. A Participant who has been prescribed medication agrees to use such medication according to his or her prescription and will not share such with others. Adult Builder will not use alcohol or any other intoxicating substance during the Program.
- Upon request, Participant will turn over any item to the Trip Leader in charge, if such an item is considered by the Trip Leader to distract from the purposes of the Humanitarian XP Program.
- Participant will respect the rights of others. This includes but is not limited to:
- Not physically or verbally abusing any person and not engaging in conduct that threatens or endangers the mental and/or physical health or safety of others; and
- Not obstructing or disrupting the privacy of others or the performance of official duties by Humanitarian XP personnel, including disciplinary, administrative, and other functions.
7. Participant will be honest in all behavior.
8. Participant will observe high principals of honor, integrity, and morality, including graciousness and consideration for others.
9. Participant will refrain from disorderly, lewd, indecent, or obscene conduct and will use his or her best efforts to work in conjunction with the Program group to complete the work which has been identified as the objective of the Program. Furthermore, Participant will not attempt to further any other cause, religious, political, or otherwise, which is outside of the stated purpose of the Program.
10. Participant will help the Builders, Adult Builders, and Trip Leaders follow the rules outlined in this Code of Honor. This includes, but is not limited to, making sure Builders follow all Humanitarian XP rules and standards as well as following all guidelines and counsel from Trip Leaders and the Humanitarian XP Office.
11. Participant will observe Humanitarian XP’s standards of comportment as interpreted by Trip Leader and will accept the suggestions and direction of the Trip Leader in all matters pertaining to the Program, personal conduct, social relationships, health, and hygiene.
12. Participant will follow Humanitarian XP’s rules prohibiting any type of romantic relationship or behaviors with members of the same or opposite sex, including but not limited to being alone with one other person, holding hands, kissing, any type of massage, or anything else deemed inappropriate by a Trip Leader. Participant will always remain in groups of three and will be accompanied by at least two other group members in all activities for the duration of the Program, unless in extreme circumstances and as approved by Trip Leader.
13. If Participant has mental and/or physical health conditions that require medications, he or she is expected to continue such treatments for the duration of the Program.I have read this Code of Honor and agree that I will abide by all the requirements herein. I understand that a single violation of the Code of Honor may be grounds for my expulsion from the Program, in which event I will return home early at my expense. I understand and agree that Humanitarian XP reserves unilateral and sole discretion to send me home according to the judgement of Trip Leaders and Humanitarian XP office staff, whether or not I have broken the aforementioned standards.
GENERAL TERMS, AND CONDITIONS (Exhibit 2)
The following information, terms, and conditions are mandatory for each Builder, Adult Builder, and Trip Leader, each of which is referred to herein as a “Participant”. All Participants and, if a Participant is a minor, such minor Participant’s parent/guardian, must read, review, understand and agree with the terms and conditions provided below. The Agreement (including these terms and conditions) describes what Participants are legally entitled to expect from Humanitarian XP when Participant books a Program, in addition to important obligations entered into as a Participant that affect the Participant’s legal rights. Therefore, it is of vital importance that Participant reads the terms and conditions in their entirety. Humanitarian XP is not responsible for any Participant’s unawareness of the Terms and Conditions due to the failure of the Trip Leader to share this information with all Participants. If the Participant does not agree with Humanitarian XP’s terms and conditions, the Participant must speak with a Humanitarian XP representative before making any booking.
Participant acknowledges and agrees that Humanitarian XP may change these Terms and Conditions from time to time and that those changes become effective immediately. If Humanitarian XP makes material changes, Humanitarian XP will provide notice to Participants. Participant’s continued participation or use of Humanitarian XP services following the notice of any changes constitutes the Participant’s acceptance and agreement to be bound by such changes. Participant agrees to be bound by the Terms and Conditions that are in effect at the time of travel or cancellation.
STANDARDS: All Participants are required to maintain ideals and standards in harmony with those of The Church of Jesus Christ of Latter-day Saints. High standards of honor, integrity and morality; graciousness in personal behavior: application of Christian ideals in everyday living; and abstinence from narcotics, alcohol, tobacco, coffee, and tea, are mandatory. Humanitarian XP does not discriminate on the basis of race, religion, gender, color, or ethnic or national origin, but all Participants must maintain the ideals and standards of The Church of Jesus Christ of Latter-day Saints during the entire Program.
Participants are also required to observe “mission” rules which prohibit anyone from being alone with another person of the opposite sex. This also includes engaging in any inappropriate behavior with someone of the same or opposite sex, deemed as such by Trip Leader. Participants should perform all activities during the duration of the trip accompanied by two other group members.
COST: All prices are quoted in U.S. dollars. They are based on tariffs, airfares, accommodation rates, and rates of exchange quoted to Humanitarian XP at the time of publication. These prices are expected to be in effect at the time of departure; however, prices are subject to change without notice. Humanitarian XP will make every effort to avoid price increases; however, any changes in price made by airlines, hotels, vendors, operators, etc., with which Humanitarian XP has made arrangements, may be passed on to Participant. If such rates change prior to departure, Humanitarian XP is not under any obligation to pay extra expenses arising from unforeseen circumstances, such as a change of itinerary or means of transportation. Extra charges are at Participant’s expense and will require immediate settlement, including penalties for late or processing fees. Processing fees are subject to prices quoted by vendors and may include overhead costs. Because Humanitarian XP is a nonprofit organization, any costs that are not resolved immediately will be sent to a third party for resolution.
APPLICATION; DEPOSIT AND PAYMENT: Unless otherwise noted, individual Participants will register with and submit payments directly to Humanitarian XP. To reserve space on a trip, each individual Participant must make the required deposit (payable by credit/debit card) and submit a completed registration form. Registration can be done online at www.HumanitarianXP.org. The operation of Programs requires extensive long-term planning, costs are incurred long before the actual departure date, including non-refundable deposits paid to suppliers. Humanitarian XP therefore has a required payment schedule and a nonrefundable deposit. The 2022 payment schedule is as follows:
$500 non-refundable deposit required upon registration;
$1500 (For international) $500 (for Domestic) due January 21, 2022
Balance of the trip due February 18, 2022.
In the event of any non-payment of any required payments according to the payment schedule, Humanitarian XP reserves the right to cancel the reservation according to the terms listed on the payments and donations page. In the event of any billing errors, Humanitarian XP reserves the right to re-invoice the correct amount. Humanitarian XP reserves the right to refuse a booking without giving any reason and shall, in that event only, return any deposit received. Reservations are transferable at the sole discretion of Humanitarian XP.
In the event a Participant attempts to chargeback, reverse, or recollect a trip payment already made without the authorization of Humanitarian XP, Humanitarian XP reserves the right to collect all additional costs, fees and expenses associated with such chargeback, reversal or recollection, including, without limitation, attorney fees.
TEMPORARY PROGRAM – MONEY-BACK GUARANTEE: All bookings made during Registration Week (November 8-12, 2021), are eligible for a money-back guarantee. If the trip is canceled by Humanitarian XP 90 days or more prior to departure due to complications or restrictions arising from the COVID-19 pandemic, Participants may either: (a) switch with their same group to a Domestic/International Alternative Service Tri, and receive a difference in cost; or (b) Humanitarian XP will refund the entire cost of their trip less the original nonrefundable $500 deposit. Eligible refunds would be issued back to the original form of payment. If the trip is canceled for any reason at 89 days or less prior to departure, the money-back guarantee is no longer valid.
To be eligible for the money-back guarantee, booking must be made during Registration Week (November 8-12, 2021), and travel must conclude by August 31, 2022. The money-back guarantee is offered solely by Humanitarian XP and is not associated with any travel protection or travel insurance program.
CANCELLATION: All cancellation requests must be submitted to Humanitarian XP in written form and received via email or mail. Any refunds, as applicable, will be processed based on the date stamp of email or mail received. Cancellations are possible at any time, but refunds will be subject to the policies listed on the payments and donations page.
If Humanitarian XP cancels a trip for insufficient participation, then Humanitarian XP will provide a full refund of any monies paid to Humanitarian XP within thirty (30) days of the cancellation notice. Humanitarian XP bears no further responsibility beyond the refund.
Humanitarian XP assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, border closures, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Humanitarian XP that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the event that any of these conditions apply, Humanitarian XP shall be excused, discharged, and released from performance to the extent such performance is so limited or prevented, without liability of any kind including liability to make any refund.
Parent Builders are eligible to register for a trip with their child on the first day of registration and any day from that point on. Registration essentially hooks the parent and the youth builder together in one booking which entails two people with two deposits, two checklists, etc. If either the Parent Builder or Youth Builder decide to cancel for any reason this cancels the entire booking, therefore, canceling both youth and parent from the trip. If, for example, the Youth Builder still wants to go on a trip they can start over with the registration process which could entail joining the waitlist.
PENALTIES: As Humanitarian XP is a non-profit organization, there are deadlines required by third-party vendors to maintain the contracts aforementioned. As such, a late fee of $50 will be applied to late payments. Failure to return this Agreement within 14 days of initial registration will result in the forfeiture of Participant’s $500 deposit, and the spot will become available once again to the public. If unexpected circumstances arise and prevent participation in a Humanitarian XP expedition, all payments and donations are non refundable.
CONTRIBUTIONS: Contributions can often be claimed for a federal tax deduction, based on Humanitarian XP’s 501(c)(3) status, if donated to Humanitarian XP on an unfettered basis (as opposed to supporting only an individual). Out-of-pocket travel expenses to further the Humanitarian XP non-profit purpose may be tax-deductible. The part of any contribution from which a person receives a benefit is not tax-deductible. Please consult a tax specialist concerning a Participant’s specific situation.
HEALTH: We advise each Participant to have a physical checkup before applying for the program. For the safety or our guests, Humanitarian XP reserves the right to request health information prior to travel and to exclude any Participants it deems unfit for travel at its sole discretion. Humanitarian XP cannot be responsible for illnesses that may occur while traveling. For safety, Participant should be in good health. A Participant who is pregnant or suspects that she could be pregnant should not register for an expedition. Since Program projects and group sightseeing can be physically taxing, we require that persons who suffer from heart disease, high blood pressure, or any physical impairment or mental condition which could hinder them from normal participation submit a Special Medical Release form from their doctor. The trip is physically rigorous with daily construction work, strenuous sightseeing activities, and a schedule that runs at an adolescent pace. Every effort will be made to accommodate the health needs of each Participant. Please be advised that most foreign countries do not conform to the same standards as found in the Americans with Disabilities Act. Humanitarian XP cannot provide individual assistance to Participants for walking, eating, or getting on and off modes of transportation. Participants who need this type of assistance are welcome to provide their own travel companion at their own expense. Please be advised that Humanitarian XP does not guarantee accessibility of all trip activities, tours, or sites, especially if a Participant’s mobility is severely restricted. Humanitarian XP accepts no responsibility for a Participant’s inability to fully participate in any or all portions of the trip, nor can Humanitarian XP provide any refund for non-participation in any part of the trip.
MENTAL HEALTH: If anything in Participant’s past history indicates that he or she has an unresolved emotional or mental illness which could hinder him or her from participation in the Program, Participant must submit a Special Emotional Health Release form from his or her doctor. If Participant is under the care of a mental health care professional, it is imperative to Participant’s well-being to disclose this information to Humanitarian XP. This does not imply that Participant will be limited in participation in the Program.
TRAVEL RISKS: Humanitarian XP makes the safety and security of Participants the highest priority, and Humanitarian XP monitors the ongoing current safety concerns in the destination country or locality. Humanitarian XP reserves the right to cancel the trip at any time if it appears the group’s safety may be at risk. If the trip is cancelled due to security concerns, refunds will be given in full, minus the non-refundable deposit. Participants are advised and understand that traveling to any country includes inherent risks, and that Humanitarian XP makes no guarantee regarding the safety and security of the group or any individuals at any time. Participants have been advised and understand there are inherent risks associated with traveling in general, and with traveling to the destination country in particular.
Travel to many parts of the world may involve the risk of a variety of hazards to health and/or safety, including but not limited to disease, crime, terrorism and warfare. Because each Participant’s risk tolerance is different, Humanitarian XP is not in a position to advise or recommend whether travel to any particular place at any particular time should take place. It is recommended that the Participant should refer to objective third-party sources of travel information, such as that maintained by the U.S. Department of State (travel.state.gov). In addition, Participant should consult with government websites to ensure that Participant is in compliance with all requirements for admittance into that country as well as understanding local laws that govern travel within a country, such as tracking. Should Participant choose to travel to a country that has been issued a travel warning or advisory, Humanitarian XP will not be liable for damages or losses that result from travel to such destinations.
INSURANCE: Humanitarian XP has no obligation to provide any medical insurance coverage or to provide for payment of medical expenses on behalf of Participant. Participant shall be solely responsible for the payment of all such insurance costs and expenses. While Humanitarian XP, at its discretion may provide very limited medical and accident insurance, Humanitarian XP is not an insuring agent and is not responsible for any injury to Participant. Participant may receive information on coverage available for protection against many unforeseen circumstances, including but not limited to injuries; illnesses; governmental instability; behavioral issues from fellow Participants or other persons with whom Participant may interact; airline and/or vendor cancellations; and Acts of God that preclude Humanitarian XP from fulfilling its obligations, which may necessitate trip interruption or cancellation.
Humanitarian XP is not responsible for any loss, theft, or damage to Participant’s belongings. Baggage and cancellation insurance is recommended and is available at nominal rates through private insurance companies. Humanitarian XP uses a third-party to ensure travel protection.
TRAVEL PROTECTION COVERAGE: Humanitarian XP highly recommends the purchasing of travel protection coverage. Such plan at a minimum should cover Trip Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect a Participant in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Purchasing coverage may be limited by time constraints so it is imperative that Participants purchase protection as soon as possible after booking.
Humanitarian XP recommends that each Participant reviews the terms and conditions of their chosen policy carefully. Humanitarian XP is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel protection plans. Humanitarian XP cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If a Participant has any questions about travel protection, call an insurer or insurance agent or broker.
Declining travel protection plan coverage could result in the loss of travel cost and/or require more money to correct the situation. Participant acknowledges that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If Participant chooses to travel without adequate coverage, Humanitarian XP will not be liable for any losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
COVID 19 RELEASE OF LIABILITY: Participant expressly acknowledges that naturally occurring diseases and viruses (including, but not limited to, the currently widespread COVID-19) may be present and actively occurring in all environments in which Participant travel will take place as well as other places where a trip takes place, such as airports, airplanes, terminals, trains, ferries and the like. Participant acknowledges that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. Participant acknowledges that COVID-19 has made travel uncertain due to government closures and other travel restrictions. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact (however the exact method of spread remains unknown). Participant also understands that if Participant is older or has underlying conditions, such Participant may be more prone to serious infection and death due to COVID-19. As a result of the highly infectious nature of this disease, federal, state, and local government health agencies recommend social distancing, wearing of personal protective equipment (including masks), and have, in many locations, prohibited the congregation of groups of people. Participant acknowledges that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by Humanitarian XP.
By booking a trip at this time, Participant acknowledges the highly contagious nature of COVID-19 and voluntarily assumes the risk, that Participant may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time of booking.
Participant acknowledges that due to the uncertainty of travel at this time, trips and Programs may be postponed or cancelled or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. Participant may also be required to quarantine upon arrival in some locations. Participant understands that Participant may become sick before, during, or after the trip and may not be able to travel and such cancellation or interruption will be subject to the cancellation terms, for which Humanitarian XP will not be liable.
Participant agrees that due to uncertainty caused by COVID 19, Humanitarian XP has strongly encouraged the purchase of travel protection coverage including “cancel for any reason” coverage if and when available, and that should Participant fail to purchase travel protection coverage, Humanitarian XP will not be liable for any losses howsoever arising.
Participant, on behalf of Participant and Participant’s heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Humanitarian XP and its members, officers, agents, and/or employees, suppliers, and other tour members (“RELEASEES”), of, from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS Participant may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this INDEMNIFICATION, HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of the Agreement, whether by operation of law or otherwise.
TRAVEL DOCUMENTS: All Participants on an Humanitarian XP trip must have appropriate travel documents. On trips that leave the country, all Participants are required to have a valid passport. Passports must be valid at least six months past the date of anticipated return. It is the individual’s responsibility to secure any necessary visas or other travel paperwork unless otherwise noted. Non-U.S. citizens should check with their appropriate governmental agencies to ensure their understanding of travel requirements. It is the responsibility of the individual to obtain all necessary travel documents (i.e. passports or visas) needed to participate.
It is the Participant’s sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries Participants may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
It is each Participant’s responsibility to ensure that all of the details on such Participant’s travel documents are correct and to bring to Humanitarian XP’s attention any errors or discrepancies immediately. Travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage, etc. Humanitarian XP recommends that Participants keep a copy of their scanned passport (photograph page) on Humanitarian XP email while traveling.
Any failure of a Participant to have proper visas and/or passport will likely result in the Participant not being able to leave the country or enter a destination and no refund will be available in any such case and Humanitarian XP will have no liability in such case.
ACCOMMODATIONS: Humanitarian XP seeks to provide appropriate accommodations representative of the area, which provide typical cuisine and service. In some rural project areas, Participants may sleep in tents and/or other rustic encampments without permanent bathroom facilities or heating. Participants should make themselves fully aware of the living conditions provided with each expedition before applying.
COMMUNICATIONS: Participant will have very limited, if any, access to international communications during the Program. It generally will not be possible for Participants or their parents to call, text or email each other during the Program. Humanitarian XP attempts to provide Participants with at least one opportunity to email home while out of the country. Trip Leaders carry in-country cell phones for emergency purposes but due to their heavy workload, they are unable to take calls from family members of Participants. If a Participant’s family members have an urgent need to contact an Participant, they should call the emergency number of the Humanitarian XP Salt Lake City office which can get a message to the Participant’s Trip Leader.
ROOMMATES: Program accommodations will be on a shared basis and Participants may be assigned roommates. Humanitarian XP will not have any coed accommodations for their Participants. Participant will be required to abide by the “Rule of Three”, which includes the requirement that Participant share a room with at least two other Builders. Trip Leader maintains the right to change rooming assignments and roommates at his or her own discretion.
ITEMS NOT INCLUDED: The following expenses are not included in the stated prices to participate in the Program: round-trip domestic airfare to and from the trip starting and end point; items of a personal nature, such as excess baggage or portage charges, personal, trip, or baggage insurance; room service; laundry; phone calls; food or beverages that are not part of the group menu; gratuities for special services; passports; immunization fees; visas; and any damage performed to any means of transportation, lodging, or in a location; etc. Included expenses consist of international airfare, transportation in country, lodging, and food while in country.
AIR TRANSPORTATION: Humanitarian XP trips include international airfare, and each Participant must be aware that final pricing may be adjusted based on actual flight costs. Schedules and pricing are not available until 11 months prior to the date of return. Participants are advised to be familiar with the airline’s terms and conditions when purchasing domestic airfare. Typically, airfare is non-refundable 24-hours after ticketing. Any cancellations, alterations, or failure to use confirmed space will be subject to the penalties and fees given by the airline. Please note that airfares, airline carriers, and schedules are always subject to change without notice. While Humanitarian XP attempts to accurately anticipate required airline taxes, fees, and fuel surcharges, any excess fees levied by the airlines beyond the original total price at time of booking will be the responsibility of the individual Participant. Humanitarian XP will pass these excess charges on to the individual Participant, even if the actual cost is higher than the expected cost advertised. Humanitarian XP is not responsible for any transportation expenses that are incurred due to an individual concern (missed flight, change of itinerary, illness, etc.). Seating preferences can be requested directly from the airlines. Humanitarian XP cannot guarantee any seating arrangements or requests.
BAGGAGE: Travelers to international destinations typically are allowed one free piece of luggage, but Participants are advised to check the requirements of each unique airline. Humanitarian XP is not responsible for any luggage fees or any other expenses incurred by individual Participants traveling on a group flight. Participants are also required to porter their own luggage between all destinations. We strongly recommend that Participants pack only one piece of checked luggage and one carry-on. Humanitarian XP is not responsible for loss, theft, or damage of any bags or items at any time.
MEALS AND PERSONAL EXPENSES: Most meals are included in the trip pricing. Personal meals are not covered during travel days (in the airports or on airplanes), and drinks at meals are not included unless otherwise noted. Refunds for unused meals are not available. Special dietary needs can be requested, and every effort will be made to accommodate Participants with special dietary concerns. However, Humanitarian XP cannot guarantee the availability of dietary accommodations at all meals and restaurants. The trip cost does not cover any fees or expenses incurred by individuals or groups for passports, visas, personal meals, extras beyond provided meals or beverages, travel incidentals, personal expenses, baggage, or any other items not explicitly stated as included.
PHOTOGRAPHY: Humanitarian XP reserves the right to take photographs and video during any trip activities and to use captured media for promotional use. Any individual that prefers their image not be used for promotional purposes is kindly asked to notify Humanitarian XP in writing before departure.
LIABILITY DISCLAIMER: Humanitarian XP expressly disclaims any and all liability for any personal injury, health problems, property damage, loss of baggage, incidents of theft or other loss of property, delay, or any action, omission, or error, whether negligent, wrongful, or intentional, by any air carrier, hotel or lodging operator, rail service, bus operator, public transportation service, sea carrier, local sightseeing or tour company, restaurant, event venue, tour operator, tour director, spiritual director, any employees thereof, or for any other entity or individual engaged in providing goods or services in connection with the trip. Humanitarian XP acts as a group travel coordinator and uses third-party vendors to provide goods and services for the trip. These suppliers provide goods and services which include, but are not limited to: transportation, accommodations, sightseeing arrangements, guided tours, tour guide services, and meals. These suppliers are independent contractors and are not direct employees or agents of Humanitarian XP. Humanitarian XP also disclaims any liability for any damages, losses incurred, expenses incurred, or inconvenience caused, due to delay or changes in schedules, booking arrangements, transportation services, sickness, weather, strikes, acts of terrorism, construction, war, natural disasters, epidemics, pandemics, or other such events which are outside of Humanitarian XP’s control. Furthermore, Humanitarian XP disclaims any liability for any damages or injuries, or other losses whatsoever, sustained or incurred as a result of any negligence of Humanitarian XP. In no event shall Humanitarian XP’s liability exceed the amounts paid by a Participant for participation in the trip, and subject to the provisions and cancellations fees as set forth in these Terms and Conditions. Trip details may be changed at any time without notice and at Humanitarian XP’s sole discretion.
DISPUTE RESOLUTION: Participants agree that the Utah state courts located in Salt Lake City, Utah, U.S.A (or, if there is exclusive federal jurisdiction, the U.S. District Court for the District of Utah) shall have exclusive jurisdiction and venue over any dispute arising out of this agreement and/or the trip. To the extent not otherwise subject to the jurisdiction of such courts, each Participant hereby agrees to waive any objection to jurisdiction and to subject itself/himself/herself to the jurisdiction of such courts. Participant agrees that Participant will only bring claims against Humanitarian XP in its individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Humanitarian XP shall not in any case be liable for other than compensatory damages, and payment of a deposit on a trip means that Participant agrees to these conditions and expressly waives any right to punitive damages. Participant understands and agrees that no claims will be considered and that Participant will not bring suit against Humanitarian XP unless Participant has first provided a typewritten notice of claim to Humanitarian XP within 30 days after the completion of the Program or cancellation of the Program.
NOTICE: Humanitarian XP reserves the right to make changes or substitutions in the interest of the Program in order to meet unexpected situations, such as increases in fares and accommodation rates, airline failures, changes in currency rates, etc., prior to departure. Additional charges or refunds will be made to Participant where applicable. However, no refund will be made for accommodations or services that are not utilized during the Program by the Participant. Humanitarian XP reserves the right to cancel the Program, if deemed necessary for reasons including insufficient program participation and unforeseen circumstances beyond Humanitarian XP’s control, such as strikes, lockouts, riots, wars, disease or Acts of God. In such an event, Humanitarian XP shall have no responsibility, beyond the refund of deposits and monies paid to Humanitarian XP by Participant less the cost of any non-refundable services purchased.
RESPONSIBILITY AND LIABILITY: The Program is under the management of Humanitarian XP, a Humanitarian Aid Program focused on serving Christian youth. Humanitarian XP has made all arrangements for accommodations and services furnished in connection with the Program. While participating in the Program, Humanitarian XP shall use its best efforts in supplying the services and accommodations offered to Participant as set forth in the Program, except to the extent such services or accommodations cannot be supplied, due to delays or other such causes beyond the control of Humanitarian XP. In any such event, Humanitarian XP will use its best efforts to supply comparable services and accommodations, but will not provide a refund. Humanitarian XP, in the absence of gross negligence on its part, shall not be responsible for any delay, substitution of equipment, or any act or omission whatsoever by any air carrier, hotel, guesthouse, car supplier, or any of their employees or agents, or any of the services and accommodations to Participants, including any results thereof, such as a change in services or accommodations necessitated by the same.