Welcome, we are AmeriStudent, LLC (AmeriStudent). AmeriStudent is a CSIET accredited international student program. The goal of the AmeriStudent program is to provide a safe, culturally enriching experience for host families, schools and students to broaden their cultural awareness. Host families who are committed and share our vision are essential to providing quality homestays for our international students (“Student”). AmeriStudent provides emergency and local support, administrative and financial services, training and marketing for host families to connect them with international students.
This Host Agreement governs your relationship with AmeriStudent in relation to every Homestay and any supply of Services to Hosts by AmeriStudent. By applying to be a Host, you agree to be bound by the terms and conditions of this Host Agreement. It is your responsibility to ensure that any person who may be a Host in connection with your home receives adequate and timely notice of the terms and conditions of this Host Agreement and their obligations under it.
Notwithstanding all terms and conditions set forth herein, this Agreement shall not take effect unless and until a student is placed with the Host Family (Homestay). While Homestay placement is not guaranteed, at a minimum, any placement is contingent on a satisfactory background check and screening results.
In this Host Agreement, when we say:
Eligibility Criteria we mean the Host eligibility criteria described at clause 1.1;
Student we mean any international student placed with you in a Homestay by AmeriStudent;
Home we mean the residential address and premises identified on your application form or otherwise as notified to AmeriStudent from time to time in which a Homestay is or may be conducted;
Host we mean you and any other applicant named on your application form and registered by AmeriStudent as a Host, as well as any other person over the age of 18 years residing in your home during a Homestay (excluding Students shorter than 10 day stays);
Services we mean the services identified in clause 2.1 and provided to Hosts by AmeriStudent in accordance with this Host Agreement.
1 Eligibility & Registration
1.1 All Hosts must:
(a) be a legally competent person over 25 years of age (not subject to Guardianship or Administration);
(b) be a citizen or permanent Resident of America;
(c) have no criminal record and otherwise be a fit and proper person of good reputation;
(d) not be bankrupt;
(e) be covered under a satisfactory insurance policy in accordance with clause 7.1; and
(f) adhere to any and all policies and procedures as outlined in the Homestay Agreement.
(g) fully adhere to the rules, regulations and standards of conduct (Host Family Standards of Conduct), or as amended and restated periodically at the discretion of AmeriStudent, LLC.
1.2 You must notify AmeriStudent immediately if you or any other Host ceases to satisfy the eligibility criteria. If at any time you or any other applicant or Host fail or cease to satisfy the eligibility criteria, AmeriStudent reserves the right to reject your application, cancel your registration as Hosts, and immediately suspend or terminate this Host Agreement and any Homestay.
1.3 Applicants will be accepted and registered as Hosts by AmeriStudent subject to fulfilment of the eligibility criteria, and otherwise at AmeriStudent’s sole discretion. AmeriStudent may cancel a person’s registration as a Host if they are in breach of this Host Agreement, or at the request of that person.
2.1 In exchange for and subject to payment of the Student Fees, AmeriStudent provides Hosts with the following services:
(a) Student selection, recommendation and placement;
(b) Student payment processing and administration;
(c) Support services; and
(d) The Homestay Management System (HMS) offered via the website at https://app.ameristudent.com.
2.2 AmeriStudent may, from time to time, offer the Host the opportunity to host a Student in a Homestay. However, all Homestays are arranged on a case-by-case basis and may be subject to acceptance and approval by the Student or Education Provider. AmeriStudent does not warrant or guarantee that Hosts will be provided with the opportunity to participate in a Homestay, or Homestays of any minimum number, frequency or duration.
2.3 In arranging a Homestay, AmeriStudent will consider the following factors:
(a) The Home must be owned or leased by a Host;
(b) The Host must be a permanent resident of the home;
(c) The Home must be in good condition and well maintained;
(d) The Home must be of a sufficient size, with a room for the Student (which must have a door);
(e) The Home must be close to public transport and/or the educational institution in which the Student is enrolled; and
(f) Any other factor that AmeriStudent considers relevant.
2.4 The Host Family is responsible for the following:
(a) Private room, utilities, internet and furnishings - (See Host Family Standards of Conduct).
(b) Meals as outlined in the Placement Report
(c) Program Compliance (See Host Family Standards of Conduct)
(d) Notification to AmeriStudent if Student temporarily or permanently vacates homestay
When hosting Students in high school or younger enrolled in a Long Term School Program:
(e) Daily Meals - breakfast, lunch, dinner - (See Host Family Standards of Conduct)
(f) School Related Transportation - (See Host Family Standards of Conduct)
(g) Airport Drop Off and Pick Up - (See Host Family Standards of Conduct - Travel and Transportation Policy)
(h) Completion of the Homestay Monthly Report by the 25th of each month
When hosting Students in high school or younger participating in a Short Term Program:
3.1 AmeriStudent warrants to Hosts that it will provide the Services with all due care and skill, in compliance with applicable laws.
3.2 Every Host 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.
(e) will provide Notification to AmeriStudent if hosting or planning to host additional students from another agency or program during the duration of the student’s homestay
(f) will provide Notification to AmeriStudent of changes to the host family household - additional adults living in the home, additional students, children, etc. This includes dating partners of household members that will spend time regularly or overnight in the home. If the Host Family will rent to anyone who would occupy the Student’s and/or Host Family’s access-controlled living area i.e. key accessible living areas, AmeriStudent must be notified and the renter will need to be interviewed by AmeriStudent as well as submit a background check authorization.
(g) authorizes AmeriStudent staff to conduct annual and regularly scheduled home visits while hosting Student.
(h) consents to an annual background check conducted by AmeriStudent using social security numbers on all household members age 18 years or older. Receipt of the stipend is contingent upon AmeriStudent’s timely receipt from Host Family, of all requested information necessary to complete the annual background checks.
(g) will ensure that any member of the Host Family’s household who is 18 years of age or older, will execute and abide by:
4.1 AmeriStudent, LLC will fund a Host Family stipend to use for certain costs incurred by the Host Family in providing housing and care for the Student (“Stipend”). AmeriStudent, LLC will disburse Stipend installments every two weeks to the Host Family unless specified otherwise in the placement report. AmeriStudent, LLC intends for the Stipend to be used for the following expenses in accordance with the agreed meal and/or transportation plan detailed in the placement report:
(a) Expenses for utilities (electricity, water, gas, wireless internet, etc.) used by Student;
(b) Basic toiletries (toilet paper, hand soap, laundry detergent, etc.) for Student;
(c) For students who purchase meals with their placement: Two to three nutritious meals and snacks a day for student;
(d) For students who purchase transportation with their placement: Transportation for Student as deemed reasonable and necessary to ensure Student’s full participation in the AmeriStudent, LLC Program;
(e) Costs associated with Student participation in Host Family events and functions typical of American family life initiated and arranged by the host family.
4.2 Stipend Payment Conditions:
(a) The amount of the Stipend is calculated by multiplying the per diem rate, as determined solely by AmeriStudent, LLC, by the number of calendar nights Student is hosted by the Host Family.
(b) The stipend will be paid every two weeks with each payment covering 14 nights’ accommodation. The AmeriStudent team will process payments every Monday (or the next business day if there is a public holiday). The first payment for each student will occur after the student has arrived and has been in the home for at least seven (7) days. AmeriStudent will transfer the stipend to the host’s nominated bank account on the next payment date after this period.
(c) AmeriStudent retains the right of a seven-day grace period in issuing all Stipend installment payments to the Host Family.
(d) The stipend amount for the student move-out will be prorated based on the per diem rate. The stipend amount for the two week payment periods during the school year will be the flat rate.
(e) Entitlement to stipend terminates the day student moves out of the host family’s home, whether such movement is voluntary or involuntary, and whether or not such movement is at the request of the host family. If the student moves out of the host family home, it is the responsibility of the host to refund to Ameristudent all overpayment of stipend funds.
(f) The stipend shall remain confidential between host family and AmeriStudent and disclosure can result in termination of this agreement.
Stipend Payment Conditions when hosting Students in high school or younger enrolled in a Long Term Academic School Year Program:
(g) If Student leaves the Host Family's home to return to their home country for a duration of less than thirty (30) days during the school year, proration will not apply so long as round-trip ground transportation is provided for Student by Host Family to the airport, bus station, etc.
(h) As part of the stipend responsibilities, the host family provides airport transportation to the local airport for the arrival and departure of the school year as well as during Winter break.
(i) Host Family will not receive Stipend during summer vacation, after graduation, or in the event of Student absences for thirty (30) days or longer from Host Family during the school year.
(j) Stipend grace period shall extend no more than seven (7) days after the last day of Student’s school. No payment can be guaranteed after that date.
(k) If Host Family requires an alternate homestay for Student, to be determined by either Host Family or AmeriStudent, the amount paid to the alternate host will be deducted from Host Family's monthly Stipend.
(l) Stipend will be subject to a delay if Host Family is late in submitting a student's monthly report which is due on the 25th of each month.
4.3 The Stipend will be reported in “Box 3 – Other Income” on the 1099-MISC form, issued to the Host Family in January and reflecting the total Stipend amount received from the previous calendar year. The Host Family is responsible for paying any applicable taxes on the stipend received from AmeriStudent, LLC as imposed by any government taxing authority.
5. Performance Period
5.1 For purposes of this Agreement, the (“Homestay Enrollment Period”) begins on the date, as coordinated by AmeriStudent in the placement report, Student begins his/her residency with the Host Family, and ends on the date when the Student ends his/her residency with the Host Family.
5.2 For long term students, living with the host family for the duration of the academic school year: the Enrollment Period is typically no earlier than seven (7) calendar days prior to the first day of the School’s academic year or the School’s orientation (if applicable), and ends on the date when the Student ends his/her residency with the Host Family at the end of the same academic year, typically no later than seven (7) calendar days following the last day of the same academic year or the Student’s graduation ceremony (if applicable). The term of the Enrollment Period may be extended beyond the Academic School Year by the execution of an Extended Stay Addendum, by Student’s parent/guardian, the Host Family and AmeriStudent.
6. Confidentiality & Privacy
6.1 Hosts and AmeriStudent agree to keep confidential the terms of this Host Agreement and any information or material received in connection with this Host Agreement or a Homestay and marked, or reasonably presumed to be, confidential (confidential information).
6.2 Both Hosts 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 Student, Host or AmeriStudent) without restriction and without breach of any confidentiality obligation to the other party;
(c) is independently developed by the receiving party;
(d) is necessary for legal counsel or tax advisor to secure professional advice, or
(e) 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).
6.3 Breach of this provision shall be a material breach of the Agreement that shall entitle AmeriStudent, LLC to seek injunctive relief and damages. In any action brought by AmeriStudent, LLC 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 6 will be deemed to restrict Host Family from discussing and/or promoting the AmeriStudent, LLC Program.
6.4 Any personal information of a Student received by you in connection with a Homestay is Confidential Information for the purposes of clause 6.2. Without limiting clause 6.2, you warrant and agree that you will:
(a) keep Students’ personal information private and confidential;
(b) only use Students’ personal information for the purpose to which it was provided to you or otherwise with the consent of the Student; and
(c) not disclose Students’ personal information to any person except with the Students’ consent.
7. Property Damage and Insurance
7.1 AmeriStudent, LLC is committed to fully supporting our host families. We understand that a Host Family may incur damage to their home as a result of hosting students. AmeriStudent, LLC will endeavor to collect and reimburse funds for damages up to $2,000.00, provided that a damage claim is submitted in compliance with the AmeriStudent, LLC Property Damage Policy. The Host Family is expected to utilize their Homeowner or Renters Insurance for all damage exceeding this amount unless otherwise determined by AmeriStudent, LLC. Please note that in order to provide compensation for damages, AmeriStudent, LLC may require that an independent contractor, identified and contracted by AmeriStudent, LLC, visit the home and inspect the damages. In addition, damage claims must be submitted immediately when damage is noticed by the host family. AmeriStudent, LLC may not provide damage compensation in all cases.
7.1 “Satisfactory insurance” for the purposes of the eligibility criteria means an insurance policy purchased by the Host to cover their own contents and legal liability obligations, including compliance with minimum insurance requirements at law. AmeriStudent accepts no responsibility for loss, damage or injury to the Hosts’ property or their legal obligations.
8.1 AmeriStudent, LLC may terminate this Agreement at any time at its sole discretion.
8.2 Host Family must provide no less than 30 days written notice to terminate this homestay agreement. AmeriStudent will make every attempt to move the student as soon as possible after receiving written notice. If Host Family requests immediate removal, a relocation fee of $500.00 per student will be assessed. This fee will be deducted from any Stipend due to Host Family before a final check is released.
8.3 AmeriStudent reserves the right, in its sole discretion, to move Student immediately without prior notice given to the Host Family, if necessary, if there is a perceived danger to the student or any other circumstance that cannot be resolved.
8.4 A Host may terminate a Homestay (before or after commencement) immediately on notice to AmeriStudent if the Student has committed a theft, damaged property, caused an injury or engaged in violent or threatening behaviour (or any other behaviour which makes any person in the home feel unsafe) in connection with the Homestay. In such circumstances, AmeriStudent will (or will assist the Host to) take all reasonable steps to remove the Student from the Home, if required.
8.5 A Host may otherwise notify AmeriStudent of any complaint regarding a Student or Homestay at any time, and AmeriStudent will use commercially reasonable endeavours to resolve, or assist the Host to resolve, the complaint.
8.6 The Homestay will automatically terminate, in the event Student leaves the AmeriStudent, LLC Program, at any time for any reason. In the event of termination of the Homestay prior to expiration of the Term, the final installment payment of the Stipend will be pro-rated according to the date Student leaves the Host Family. In accordance with the Conditions set forth above, Host Family will be compensated for any partial month. Entitlement to Stipend will terminate the day Student moves out of home.
9. Permission to Use Media
AmeriStudent, LLC is authorized globally to use any films, video and/or audio recordings, slides or photographs provided by Host Family to AmeriStudent, or taken by AmeriStudent or any third party on behalf of AmeriStudent, that relate to or depict Host Family engaged in their Host Family duties, including attendance at AmeriStudent sponsored programs or events, to promote the AmeriStudent Program and as deemed appropriate for other AmeriStudent marketing purposes, on its website or in other printed or electronic marketing materials; Other than changes in for which AmeriStudent retains the sole discretion to effect pursuant to this Agreement, no amendment, change or modification of this Agreement shall be valid unless in writing and signed by the parties hereto. The Permission to Use Media section shall survive the expiration or termination of this Agreement and shall continue in effect for three (3) years from the date of expiration or termination of this Agreement.
10.1 All Hosts in your Home are jointly and severally liable for a breach of this Host Agreement by any of them.
10.2 To the maximum extent permitted by law, AmeriStudent excludes all warranties not expressly provided in this Host 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 Student or Host), suffered by any person in connection with the Services, a Homestay, or this Host Agreement.
10.3 Nothing in this Host Agreement is intended to exclude any consumer guarantee under the applicable consumer law, or term otherwise implied by law, which cannot be excluded. Hosts 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’s election) to either resupplying those Services or paying the cost of having those Services resupplied.
10.4 Subject to clauses 8.1 and 8.2, 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 Host 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.
10.5 Indemnification for Third Party Claims. The Host Family assumes all risks, to the extent not otherwise specified in this Agreement. The Host Family jointly and severally, will indemnify, defend and hold harmless AmeriStudent, LLC , and their shareholders, directors, officers, employees, representatives, coordinators, insurers and agents (collectively, the “Indemnified Persons”), from and against any and all liabilities, losses, payments and expenses (including, but not limited to attorneys’ fees and costs) incurred by or imposed against Indemnified Persons, arising out of or in any way related to any act or failure to act by Host Family, or for services provided under this Agreement, including but not limited to, all claims relating to the breach of this Agreement by the action or inaction of Host Family, injury or death of any person, or damage to any property. The Host Family acknowledges that this Section is a material inducement to AmeriStudent, LLC entering into this Agreement.
11.1 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.
11.2 No employment: Nothing in this Host Agreement creates a relationship of joint venture, agency, partnership or employment between any of the parties. The execution of this Agreement does not result in, either implicitly or explicitly, an employment contract between Host Family and AmeriStudent, LLC. Host Family is participating in the AmeriStudent, LLC Homestay Program on a voluntary basis.
11.3 Assignment. This Agreement and the rights and obligations of the Parties may not be assigned without the written consent of the other Parties, which consent will not be unreasonably withheld. This Agreement will be binding upon the respective heirs, successors, administrators, executors, representatives and permitted assignees of the Parties.
11.4 Variation: AmeriStudent may vary or update this Host Agreement at any time, but we will take reasonable steps to notify you of any changes.
11.5 Governing laws and Resolution
(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 San Luis Obispo. 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. 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.
11.6 Entire agreement: This Host Agreement in combination with the Host Family Code of Conduct contains the entire agreement of the Parties with respect to the matters addressed herein and all prior agreements, whether written or oral, among the Parties with respect to the subject matter hereof have been merged and integrated into, and are superseded by, the provisions of this Agreement. No amendment of any provision of this Agreement will be valid unless the same will be in writing and signed by the Parties. Failure by either party to strictly enforce any term or provision of this agreement shall not constitute waiver of such term or provision.
11.7 Waiver of Jury Trial. 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.
11.8 Notice. Unless otherwise provided, any notice required or permitted under this Agreement will be given in writing and deemed effectively given upon (i) personal delivery to the Party to be notified, (ii) two days following deposit with a national overnight courier service, with fees prepaid, (iii) five days following deposit with the United States Post Office, by registered or certified mail, postage prepaid, or (iv) Email of the document to the email address provided in the signature page of this Agreement.
11.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but all of which, taken together, will constitute one and the same instrument. This Agreement may be delivered by electronic transmission (i.e. PDF or facsimile), and such electronic transmission will be deemed a valid counterpart to this Agreement.
11.10 Interpretation; Access to Counsel. This Agreement will be construed and interpreted without regard to any rule of construction requiring that it be construed against the Party responsible for its drafting. The Parties have been given the opportunity to consult counsel of their own respective choosing to the extent each determines to be necessary. The Parties have read and fully understand this Agreement and voluntarily are entering into this Agreement.
11.11 Further Assurances. The Parties will cooperate fully and execute, acknowledge, and deliver any documents which may be reasonably necessary, appropriate, or desirable to carry out the intent and purposes of this Agreement.
11.12 Severance: In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, then the remainder of this Agreement will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any Party.
11.13 Integration. The Exhibits, rules and regulations, and other documents referenced in this Agreement are incorporated into, made a part of, and are an integral part of this Agreement. All such documents are incorporated in and made a part of this Agreement as if set forth in full herein.
11.14 Attorney's Fee and Costs. 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.
11.15 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.
11.16 Exclusive Services Agreement. Host Family agrees that it will neither accept nor enter into any arrangement, agreement or understanding with Student or Student’s family, or with any other student of the AmeriStudent, LLC American High School Program, to provide any services or benefits, that are also provided, managed or overseen by AmeriStudent, LLC for four (4) years from the time the Host Family enters into this Agreement, absent express written agreement from AmeriStudent, LLC. Host Family agrees that it will not continue hosting the Student in the event that the Student leaves the AmeriStudent, LLC Program. The Host Family, including family members and guests, will not encourage or facilitate the Student to leave AmeriStudent, LLC Program.
11.17 Affirmations and acknowledgments. By signing this Agreement, Host Family affirms and acknowledges: (a) all information and statements provided in the AmeriStudent, LLC Host Family Application and any additional supplemental information provided to AmeriStudent, LLC is completely accurate and true to the best of Host Family’s knowledge; (b) Host Family understands its obligation to immediately report to AmeriStudent, LLC any material changes in the status of the Host Family, including, but not limited to changes in address, finances, employment, and criminal charges or arrests of any member in the Host Family’s household, including the Student; (c) Host Family may be disqualified from becoming or remaining a AmeriStudent, LLC Host Family if Host Family conceals, falsifies, or fails to disclose or update any material information during and/or after the application process and the duration of the Enrollment Period; (d) AmeriStudent, LLC is authorized globally to use any films, video and/or audio recordings, slides or photographs provided by Host Family to AmeriStudent, LLC, or taken by AmeriStudent, LLC or any third party on behalf of AmeriStudent, LLC, that relate to or depict Host Family engaged in their Host Family duties, including attendance at AmeriStudent, LLC sponsored programs or events, to promote the AmeriStudent, LLC American High School Program and as deemed appropriate for other AmeriStudent, LLC marketing purposes, on its website or in other printed or electronic marketing materials;(e) Other than changes in for which AmeriStudent, LLC retains the sole discretion to effect pursuant to this Agreement, no amendment, change or modification of this Agreement shall be valid unless in writing and signed by the parties hereto. The section 15(f) shall survive the expiration or termination of this Agreement and shall continue in effect for three (3) years from the date of expiration or termination of this Agreement.
Updated April 2019