AmeriStudent Guest Agreement - USA

AmeriStudent Guest Agreement - USA

Note: This policy is subject to change at any time. Please check all AmeriStudent Policies on a regular basis for updates.

Welcome, we are AmeriStudent, LLC (Ameristudent). We operate the Ameristudent Homestay Management System; connect Hosts with Guests; and provide Guests, Hosts, and other parties to international student Homestay arrangements with world-class administrative and support Services.

You (a Guest) have made a great choice to apply for a Homestay arrangement with an Ameristudent registered Host (Homestay), an experience uniquely rewarding and enriching for every guest and Homestay family.

This Guest Agreement governs your relationship with Ameristudent in relation to any Homestay and any supply of Services by Ameristudent. By applying to be a Guest, you agree to be bound by the terms and conditions of this Guest Agreement. If you are an agent acting on behalf of the Guest, you must pass this information on to the Guest and the guest’s Native Parents for Guests under age 18.

In this guest Agreement, when we say:

Eligibility criteria: we mean the Guest eligibility criteria described in clause 1.1;

Fees: we mean the fees payable to Ameristudent for the services as described in clause 4, or as notified by Ameristudent in writing from time to time, and any other costs or charges as agreed or required by law.

Guest: we mean any international Guest (such as student, intern, chaperone, etc.) placed with a Host in a Homestay by AmeriStudent.

Home: we mean the residence of a registered Host in which a Homestay is or may be conducted.

Host: we mean any person(s) notified by Ameristudent as a Host of the Homestay.

Policies: we mean the ,Website Terms and Conditions, the Guest Code of Conduct, the Refund Policy, and any other policy notified to you by Ameristudent from time to time, all of which form part of this Guest Agreement (but the terms herein will take precedence to the extent of any inconsistency); and

Services: we mean the services identified in clause 2 and provided to Guests by Ameristudent in accordance with this Guest Agreement.

1. Eligibility

1.1 A Guest must:

a) be a legally competent person enrolled at an Ameristudent affiliated educational institution,

b) have a valid visa for entry into America and comply with any conditions of that visa,

c) have no criminal record and otherwise be a fit and proper person of good reputation,

d) not be bankrupt and maintain financial obligations responsibly; and

e) be able, on request, to provide evidence of the matters described above and the personal insurance coverage in accordance with clause 7.

1.2 You must notify Ameristudent immediately if you cease to satisfy the eligibility criteria. If at any time you fail or cease to satisfy the eligibility criteria, Ameristudent reserves the right to reject your application, and/or immediately suspend or terminate this Guest Agreement and any Homestay.

1.3 Applicants will be accepted as Guests by Ameristudent subject to fulfilment of the eligibility criteria, and otherwise at Ameristudent’s sole discretion. Ameristudent may revoke acceptance of a guest application if the person is in breach of this Guest Agreement, or at the request of that person or their legal guardian.

1.4 Once your application to be a Guest is accepted by Ameristudent, Ameristudent will deliver the services.

1.5 All Guests under the age of 18 must complete AmeriStudent’s online guest orientation prior to arriving at their Homestay. By participating in AmeriStudent homestay, Guests confirm they have viewed and understand the orientation materials provided.

1.6 Guests under the age of 18 must seek approval from their legal guardian/parent prior to signing the Guest Agreement. The legal guardian/parent must be listed on the Guest’s application and will be contacted for confirmation and to sign required documentation.

2. Services

2.1 In exchange for and subject to payment of the fees, Ameristudent provides all Guests with the following services:

a) Host background checks, resourcing and matching,

b) Airport pick-up booking service (on request),

c) Payment processing and administration,

d) Support, advice, and complaints services, including the 24-Hour emergency assistance phone line (855) 385-0911; and

e) The Homestay Management System offered via the website at www.ameristudent.com/.

2.2 All Homestays are arranged on a case-by-case basis and all Guests are matched with a suitable Host, based on their profile and preferences, located within 60 minutes’ travel by public transport from their Education Provider. If a guest requests to be matched with a different Host after a placement has been confirmed, further Fees may apply.

2.3 In finding a suitable Homestay for each Guest, Ameristudent will consider the following factors:

a) The guest’s cultural background, age, gender and personal circumstances as applicable,

b) The suitability of the Host’s home, including in regards to proximity and transport to the education institution in which the guest is enrolled; and

c) Any other factor considered relevant by Ameristudent.

3. Warranties

3.1 Ameristudent warrants to Guests that it will provide the Services with all due care and skill, in compliance with applicable laws.

3.2 Every Guest continuously warrants to Ameristudent that they:

a) satisfy the eligibility criteria,

b) will use the Services and conduct themselves during a Homestay in a reasonable, respectful, and responsible manner,

c) will comply with the policies and applicable law at all times; and

d) will not, in connection with a Homestay or the Services, do or omit to do anything in a manner that is fraudulent, misleading and/or deceptive, negligent, illegal, immoral, offensive, or reasonably likely to harm or infringe the rights of any person.

4. Fees & Payment

4.1 Guests must pay both a “matching fee” and a “weekly fee” (together, the Guest Total Fees), in the amounts notified by Ameristudent to the Guest in writing from time to time. The weekly Fees are collected by Ameristudent on behalf of the Host and will be remitted to the Host in accordance with the Ameristudent Host Agreement, less Fees payable to Ameristudent.

4.2 The Guest Fees must be paid by credit card, PayPal or electronic funds transfer directly to AmeriStudent, or by any other means directed by AmeriStudent, by the due date(s) notified by AmeriStudent to the Guest in writing. Guests must not pay any part of the Fees directly to Hosts or any other party in respect of the Homestay.The Guest/Parent/Agent is responsible for all wire transfer fees and must include an additional wire transfer fee when remitting payment by wire transfer. All wire transfer fees are non-refundable.

4.3 The non-refundable matching fee must be paid to Ameristudent before Ameristudent can begin the Guest/Homestay matching process. Guests are also required to make an initial payment usually in the amount of four times the notified weekly fee (initial payment) before a placement can be confirmed. The initial payment is non-refundable once a Homestay has commenced but will be credited against the weekly fee payable for the first four weeks. If a Guest cancels the Homestay before commencement, the initial payment will be fully or partially refunded in accordance with the Ameristudent Refund Policy, which can be viewed at https://app.ameristudent.com/policies/ameristudent-refund-policy. The weekly fee is to be paid in advance on a fortnightly or monthly basis after the first four weeks of the Homestay (if the Homestay is longer than four weeks).

4.4 Subject to clause 4.3 and to the minimum notice periods under clause 9 Termination, on termination of a Homestay, weekly fees that have been paid in advance will be refunded in accordance with the Ameristudent Refund Policy which can be reviewed at https://app.ameristudent.com/policies/ameristudent-refund-policy. After the first two weeks in Homestay, if the guest terminates without sufficient notice (see clause 9), the guest will be liable to Ameristudent for up to two times the weekly fee and for any other costs or expenses reasonably incurred by Ameristudent in connection with the termination.

4.5 If the Guest requests a hold on their room while they go on holiday, they will be required to pay a fee which will be charged at 50% of their normal Homestay Fee. Specific terms regarding this process can be found in the AmeriStudent Room Holding Policy.

4.6 Ameristudent will not be liable to the Host or any other person for the amount of any unpaid Guest Fees owing to them.

4.7 From time to time Ameristudent may review and update Homestay Fees in line with market conditions. Guests in an ongoing placement will be provided with at least 3 months’ notice of any changes to their Homestay Fees.

5. Confidentiality & Privacy

5.1 Guests and Ameristudent agree to keep confidential the terms of this Guest Agreement and any information or material received in connection with this Guest Agreement or a Homestay and marked, or reasonably presumed to be, confidential (confidential information).

5.2 During the term of this Agreement and for 3 years after any termination of this Agreement, GUEST/PARENT/AGENT will not, without the prior written consent of AmeriStudent, either directly or indirectly, on GUEST’S/PARENT’S/AGENT’s own behalf or in the service of or on behalf of others, solicit or attempt to solicit, divert or hire away any person employed by AmeriStudent or any client or host family of AmeriStudent. This practice is strictly prohibited and in violation of this Agreement and may result in a penalty of up to $10,000.

The Parties will treat the terms of this Agreement as confidential and will not discuss the Agreement with anyone other than: (a) legal counsel or tax advisor as necessary to secure professional advice; or (b) as required by law. Breach of this provision shall be a material breach of the Agreement that shall entitle Ameristudent to seek injunctive relief and damages. In any action brought by Ameristudent under this paragraph, the prevailing party shall be entitled to an award of its costs and attorneys' fees, in addition to any other damages awarded by the court. Notwithstanding the foregoing, nothing in this Section 5 will be deemed to restrict Guest’s Parents from discussing and/or promoting the Ameristudent Program.

5.3 Guests and Ameristudent agree that they will not disclose any confidential information to any third party unless or until it:

a) is or becomes publicly known through no wrongful act of the receiving party,

b) is received from a third party (other than from or on behalf of a Guest, Host or Ameristudent) without restriction and without breach of any confidentiality obligation to the other party,

c) is independently developed by the receiving party; or

d) is required by law to be disclosed (provided that the other party is given advance notice of, and an opportunity to, contest any such requirement).

5.4  Ameristudent will always handle your personal information and the personal information of Guests in accordance with its Privacy Policy, accessible at https://ameristudent.com/policies/privacy .

5.5 Any personal information of a Host received by you in connection with a Homestay is confidential information for the purposes of clause 5.2. Without limiting clause 5.2, you warrant and agree that you will:

a) Keep Hosts’ personal information private and confidential,

b) Only use Hosts’ personal information for the purpose for which it was provided to you or otherwise with the consent of the Host; and

c) Will not disclose Hosts’ personal information to any person except with the Hosts’ consent.

6. Guest Conduct

6.1 Guest is expected to follow their Educational Provider’s Student Handbook and AmeriStudent Guest Code of Conduct and Host Family House rules while in AmeriStudent Homestay Program. Guests must read and abide by the Guest Code of Conduct which can be accessed at https://app.ameristudent.com/policies/ameristudent-student-code-of-conduct. Guest’s violation of the Guest Code of Conduct may result in disciplinary action, up to and including immediate removal from the Ameristudent Program and termination of the homestay in accordance with clause 9. Guests who fail to comply may face expulsion after a disciplinary board review and may forfeit all school and homestay related fees.

6.2 For Guests Under age 18, The Guest and Guest's Parents will be required to sign an acknowledgement of their understanding and agreement with the Guest Code of Conduct as a condition of participation in the Ameristudent Program, at the beginning of the Term and thereafter at any time during the Term that the Guest Code of Conduct is amended.

7. Medical Care and Insurance

7.1 The Guest acknowledges that it is the sole responsibility of the Guest to obtain his or her own personal insurance to cover loss, damage, or injury incurred inside the Home, including compliance with minimum insurance requirements at law or as a condition of the Guest’s visa, and that neither Ameristudent nor the Host’s household insurance covers the Guest’s belongings or liability.

7.2 During the Term, the Guest may need to obtain local medical treatment or healthcare in the United States. For Guests under age 18, to facilitate the provision of all necessary medical services, the Guest’s Parents will be required to execute: (a) a Medical Authorization in favor of Ameristudent, the Local Manager, and the adult members of the Host Family, in a form referred hereto as AMERISTUDENT MEDICAL AUTHORIZATION FORM; and (b) a Limited Power of Attorney in favor of Ameristudent, the Ameristudent’s Local Manager, and the adult members of the Host Family, in a form referred hereto as Limited Power of Attorney. The Guest’s Parents acknowledge and agree that different states or jurisdictions in the United States have different laws and requirements regarding the form and language of powers of attorney and medical authorizations. Accordingly, Guest Parents release Ameristudent from any liability associated with the insufficiency of the Medical Authorization and Limited Power of Attorney to have a valid, binding effect due to the particular laws of a certain state or jurisdiction.

7.3 During the Term, Guests 18 and younger must be enrolled in a U.S. health insurance plan and must be able to provide proof of insurance. The Guest may participate in a health insurance plan offered by AmeriStudent and administered through a third-party provider selected by AmeriStudent (“Program Plan”), subject to plan eligibility requirements and timely payment of Program Plan premiums. Guest’s Parents may instead elect to enroll Guest in an alternate U.S. health insurance plan selected by the Guest’s Parents (“Alternate Plan”). AmeriStudent will assume no responsibility for the administration or processing of payments associated with any Alternate Plan. Guests Parents/Agent shall submit the proof of enrollment of Alternate Plan to AmeriStudent prior to the Enrollment Period starts.  Failure to submit proof of enrollment in an Alternate Plan may result in services being delayed or withheld until proof can be provided. Regardless of whether the Guest’s Parents enroll the Guest in the Program Plan or the Alternate Plan, the Guest’s Parents will be responsible for the cost of any medical expenses, liability or damage claims incurred by the Guest that are not covered by their insurance plan.

8. Liability

8.1 To the maximum extent permitted by law, AmeriStudent excludes all warranties not expressly provided in this Guest Agreement and all liability for any loss (including consequential or indirect loss), cost, damage, or claim, however and whenever arising (including due to the act or omission of a Guest or Host), suffered by any person in connection with the Services, a Homestay, or this Guest Agreement.

8.2 Nothing in this Guest Agreement is intended to exclude any consumer guarantee applicable under the relevant Consumer Law, or term otherwise implied by law, which cannot be excluded. Guests agree that, to the maximum extent permitted by law, any liability of AmeriStudent in connection with such a guarantee or implied term and in respect of any particular supply of Services is limited (at AmeriStudent election) to either resupplying those Services or paying the cost of having those Services resupplied.

8.3 Unless the student is registered for the Under 18 Complete – Standard Guardianship or Under 18 Complete – Premium Guardianship programs, AmeriStudent does not assume the role of guardian for any Guest under the age of 18 and does not take responsibility for the actions nor the care of any such student under this Guest Agreement.

8.4 AmeriStudent is not the legal guardian of any Guest under the age of 18 and does not take responsibility for the actions nor the care of any such guest under this Guest Agreement. AmeriStudent only provides guardianship service to act as the guest’s temporary guardian for medical emergency purposes while the guest studies in the US for students under age 18 who are registered under the Standard or Premium Guardianship Homestay programs. AmeriStudent will act as the local point of contact on the behalf of parents for the guest's medical needs. Parents must sign a guardianship form before the guest arrives to the US. As used herein, guardianship is defined as the authority to make medical decisions on behalf of Guest as further described in the AmeriStudent Guardianship and Authorization Form attached hereto. No further rights, obligations and/or responsibilities should be construed by the term guardianship.

8.4 Subject to clauses 8.1 and 8.3, to the extent that AmeriStudent otherwise has any liability for any loss, cost, damage, or claim arising in connection with the Services, a Homestay, or this Guest Agreement (including for negligence), AmeriStudent’s liability is limited in aggregate to Fees paid or payable in the 12 months immediately preceding the date on which the cause of action accrued.

8.5 Guests continually indemnify AmeriStudent from and against any loss, cost, damage, or claim (including third party claims) suffered or incurred by AmeriStudent in connection with a Guest’s breach of this Guest Agreement, except to the extent that any such loss, cost, damage, or claim is caused by a negligent act or omission of AmeriStudent.

9. Termination

9.1 Guests (or the agent or guardian of a guest) may terminate a Homestay immediately on notice to AmeriStudent at any time if the Host has committed a theft, damaged property, caused an injury or engaged in violent or threatening behavior (or any other behavior which reasonably makes the guest feel unsafe) in connection with the Homestay. In such circumstances, AmeriStudent will take all reasonable steps to relocate the guest to another Homestay, if required.

9.2 Guests in an Over 18 program (or the agent of the Guest) may (after the first two weeks of the Homestay) request to terminate the Homestay without having to give a reason by providing two weeks’ written notice to AmeriStudent and their Host. On receipt of such a termination request, AmeriStudent will update its systems to record that the Homestay will be terminated effective from the expiration of the notice period (being no earlier than four weeks from the commencement of the Homestay). Weekly fees are payable up to the date of termination.

9.3 A Guest may otherwise notify AmeriStudent of any complaint regarding a Host or Homestay at any time, and AmeriStudent will use commercially reasonable endeavors to resolve, or assist the Guest to resolve, the complaint.

9.4 For Guests enrolled in the Tuition Only orAmeriStudent Tuition plus Homestay Program, if the school expels the guest, AmeriStudent shall notify the guest and the guest’s parents or agent in writing of the guest’s duty to attend school in the US. At its discretion, AmeriStudent may send a copy of the notice to the parent(s) or guardian(s) to determine if there are any options to remain in the AmeriStudent program or in the US. If a guest is expelled or violates any law(s), and the AmeriStudent Management has determined that it warrants removal from the program, the guest will be sent back to his/her home country. IN THIS CASE, ALL FEES PAID TO AMERISTUDENT ARE FORFEITED AND WILL NOT BE RETURNED. 

9.5 AmeriStudent may terminate a Homestay (before or after commencement) immediately on notice to a guest if:

a) a guest fails or ceases to satisfy the eligibility criteria; 
b) the Home ceases to meet the requirements identified by AmeriStudent under clause 2.3; or 
c) the guest has not returned to the homestay by their scheduled return date and cannot be contacted in accordance with the AmeriStudent Room Holding Policy
d) AmeriStudent otherwise determines in its sole discretion that it is appropriate to terminate the Homestay immediately in response to a request from a Host or related party.

9.6 AmeriStudent may terminate this Agreement due to violation of the Guest Code of Conduct at any time by written notice to the Guest, Agent, and the Guest’s Native Parents for Guests under age 18. Except in circumstances where the guest has violated applicable law, AmeriStudent will endeavor to provide as much notice as is reasonably possible to the extent circumstances permit advance notice, as determined at the discretion of AmeriStudent. The Guest may terminate this Agreement with fourteen (14) days’ written notice to AmeriStudent. Guest notice requirement may be waived in emergency situations at the sole discretion of AmeriStudent. Termination of this Agreement will result in the Guest’s expulsion from the AmeriStudent Program. If this Agreement is terminated, then AmeriStudent will decide when and whether part of the AmeriStudent Program fee will be refunded to the Guest based on the “Refund Policy”.

9.7 Guests acknowledge that a Host may otherwise terminate a Homestay immediately on similar grounds to those outlined at clause 9.1 and otherwise at any time after the first four weeks of the Homestay on two weeks’ written notice to AmeriStudent.

9.8 Where a dispute arises and resolution cannot be achieved, AmeriStudent, at its discretion, may provide a change of homestay. A change in homestay may result in a $350 matching fee . (NOTE: AmeriStudent does not discriminate against individuals on the basis of race, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, veteran status, national or ethnic origin.).

10. General

10.1 Governing Law and Restitution

a) This Agreement shall be interpreted and construed in accordance with the laws of the State of California and should a claim be brought against AmeriStudent related to terms or conditions of the contract it shall be brought within a court of competent jurisdiction within the county of Fresno. Parent also consents to jurisdiction of any claims by AmeriStudent related to the terms or conditions of the contract by a court of competent jurisdiction within the county of San Luis Obispo, California.

b) Any controversy or claim arising out of or relating to this Agreement, which cannot be resolved by good faith discussions between us, may be submitted to voluntary non-binding mediation or litigation in accordance with the venue provisions in Section 20(a). However, before submitting any controversy or claim to arbitration or filing a complaint, the acting party shall give written notice to the other party at least three (3) months in advance of said action, and both parties shall make a good faith effort to resolve said dispute.

10.2 Indemnification and Third Party Claim

GUEST/PARENT/AGENT shall fully defend, indemnify, and hold harmless AmeriStudent, its shareholders, officers, directors, and other agents from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any acts, omissions, negligence, or willful misconduct on the part of AmeriStudent, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers arising out of this Agreement. This indemnification agreement applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses and any reimbursement to AmeriStudent for all legal fees, expenses, and costs incurred by it.

IN CONSIDERATION FOR FACILITATING PARTICIPATION IN THE PROGRAM DESCRIBED ABOVE, Guest/Parent/Agent shall  WAIVE, RELEASE, AND DISCHARGE  AmeriStudent and any related or affiliated companies, host families, partners, or organizations, as well as its respective officers, employees, host families, agents, representatives, and volunteers (individually and in their official capacities) from any and all claims, judgments, and liability for any injury, including but not limited to personal injury and death, or damage to property, including but not limited to total loss, arising out of or in any manner, including negligence, related to my participation in Activities. I agree to indemnify, defend, and hold harmless AmeriStudent and any related or affiliated companies, host families, organizations, as well as its respective officers, employees, agents, representatives, and volunteers (individually and in their official capacities) from any and all liability, losses, damages, judgments, or expenses, including attorneys’ fees, that they may incur or sustain in connection with traveling by any means, public or private, within the United States.

Guest/Parent/Agent shall FURTHER AGREE TO INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE AmeriStudent and any related or affiliated companies, host families, partners, or organizations, as well as their respective officers, employees, host families, agents, representatives, and volunteers (individually and in their official capacities) from any and all liabilities or claims made as a result of my participation in Activities, whether caused by negligence or otherwise. I acknowledge that AmeriStudent, host families, and its officers, employees, host families, agents, and volunteers (individually and in their official capacities) are not responsible for the errors, omissions, acts, or failures to act of any party or entity conducting an Activity on their behalf. I agree, promise, and covenant not to sue, or assert any claim against AmeriStudent for any reason whatsoever arising from or in any way connected with my participation in any Activity or from any claim brought against me by other Activity participants or third parties.   Guest/Parent/Agent also understands that this agreement binds him/her/them and his/her/their  family, estate, and/or heirs.

10.3 Media Consent and Release

Throughout the school year, students may be highlighted in efforts to share students’ academic and social lives with the natural parents, and to engage students in schools and communities. For example, the student’s information and/or photo/video may appear in Ameristudent social media posts, on the Ameristudent website, other Ameristudent social media platforms, or on Ameristudent marketing materials. These materials will be used to showcase the success of the student during his/her American study and homestay.

Guest/Parent/Agent hereby consents to the participation interviews, and the taking of photographs, movies or video of the Student/Guest named below.

Guest/Parent/Agent  also grants to AmeriStudent, its employees, local managers and coordinators, and authorized media organizations the right to edit, use, and reuse said products including use in print, on the internet, and all other forms of media.

10.4 Attorney Laws and Fees

In the event of any suit, action, arbitration or other proceeding arising from or related to this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such suit, action, arbitration or other proceeding. In the event of a non-adjudicative settlement of litigation between the parties or a resolution of a dispute by arbitration, the term “prevailing party” shall be determined by that process.

10.5 No employment: Nothing in this Guest Agreement creates a relationship of joint venture, agency, partnership or employment between any of the parties.

10.3  Assignment: Guests cannot assign, transfer, or dispose of their rights or obligations under this Guest Agreement without the prior written consent of AmeriStudent.

10.7  Variation: AmeriStudent may vary or update this Guest Agreement at any time, but we will take reasonable steps to notify you of any changes.

10.8 Notices: Any notice or demand to be given or made under this Guest Agreement must be in writing and delivered to that party’s nominated address by mail, fax, or email (as applicable). Notice is effective on receipt by the addressee.

10.9 Governing law: This Guest Agreement is governed by the laws in the State of California and the parties irrevocably submit to the jurisdiction of the courts there.

10.10 Entire agreement: This Guest Agreement contains the entire agreement between the parties, and supersedes and replaces any prior representations, negotiations, or agreements in respect of its subject matter. This Agreement, together with the documents referred to in this Agreement, constitutes the entire agreement between the parties with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral. Any modifications to this Agreement may only be done in writing and must be signed and authorized by AmeriStudent Board of Directors. To the extent that any provision herein is deemed unenforceable, all remaining provisions of this Agreement shall remain in full force and effect.

10.11 Waiver: Any waiver of a right or remedy under this guest Agreement will only be valid if the waiver is given in writing and signed by the party giving the waiver.

Failure by either party to strictly enforce any term or provision of this agreement shall not constitute waiver of such term or provision.

EACH PARTY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING FROM OR RELATED TO THIS AGREEMENT. 

10.12 Severance: If any provision of this guest Agreement is unenforceable, then that provision (or relevant part) may be severed without affecting the enforceability of any other provision.

10.13 Survival of Terms Those provisions of this Agreement that, by their nature, are intended to survive any expiration or termination of this Agreement shall so survive.

10.14 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 instrument.

Authority to Enter into agreement

Each party warrants that the individuals who have signed this Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective party.

ACCEPTANCE

In Witness Whereof, Client and AmeriStudent have executed this Agreement as of the date signed by the Guest/Parent/Agent.

[Client. Company]:I/(we) confirm that I/(we) have read, been fully informed, and understand this Agreement prior to signing it, and I am/(we are) aware that by signing this Agreement, I am/(we are) waiving legal rights which I/(we) may have against AmeriStudent, LLC and I/(we) understand that this document is written in English and may not be in my/our primary language and I/(we), by our signature(s), hereby acknowledge that we fully understand the content of this Agreement.