ARTBOUND INITIATIVE LLC
TERMS AND CONDITIONS OF PARTICIPATION
Please read this document carefully. These Terms and Conditions (“Terms and Conditions”) are provided not only for your protection, but also for the protection of your program coordinators and us. It is important that you fully understand them.
The following sets forth the basis on which the Program, as defined below, will be arranged for you, and the promises and obligations of you, your Coordinator, as defined below, and of ArtBound Initiative LLC (“ABI”). By transacting with ABI by use of the Internet website www.artboundinitiative.com, you agree to be bound by these Terms and Conditions, all as set forth below. In order to participate in the Program, as defined below, you will be required to execute a separate Internship Program Agreement, the terms of which are incorporated herein.
In consideration of ABI’S accepting you into the ABI Internship Program (the “Program”), as well as other good and sufficient consideration, receipt of which is duly confirmed, you (or sometimes hereafter Intern) and ABI agree as follows:
1.Acknowledgements Relating to the Program.
1.1 I acknowledge that international travel entails risk, including the possibility of illness, adverse weather conditions, travel delays, strikes and other work stoppages, political issues, and other risks and inconveniences, whether or not similar to the foregoing. I fully acknowledge and assume the above-described risks and other risks involved in travel in, to and among foreign countries. I acknowledge that ABI is not responsible for the activities of persons not employed by ABI. On behalf of myself, my heirs, representatives, and successors), I fully and forever release ABI, and its officers, directors, managers, members and employees (collectively, “Representatives”), from and against any and all claims, and agree not to seek compensation from any of them, arising from any losses that I may suffer or incur during the course of the Program or during travel to and from the Program.
1.2 I understand that I will be traveling to a foreign country, with different customs, standards, laws, and risks than my own country. I agree to take reasonable steps to become familiar with the host country’s relevant civil laws, customs and risks.
1.3 I understand that ABI does not have a duty to inform me of these risks. I will abide by the appropriate laws, rules and regulations of my host country throughout the time I am participating in my internship, and will endeavor in good faith to learn of such local customs and comply with them.
1.4 I will bear all travel costs in connection with the Program. If my participation in the Program is terminated for any reason, I consent to withdraw from the Program at my own expense and will not receive a refund of any amounts I have paid, either to ABI or to any other person or entity in connection with the Program.
2.1 I will carry out my duties and responsibilities as an Intern to the best of my abilities. I will comply with ABI’s policies, including but not limited to its Code of Conduct for Program Candidates which you will receive. I agree that ABI will have the right to enforce such policies, and that it may at any time terminate my participation in the Program for failure to maintain or comply with such policies. I understand that ABI may change, modify or amend its policies, and that I will be bound by, and will comply with, all such modified policies.
2.2 Intern acknowledges and understands that once entry into the Program has occurred, Intern may not move or transfer to another host organization or artist’s studio. Notwithstanding the foregoing, should Intern experience conduct proscribed by law (such as discrimination), Intern shall forthwith advice ABI of the relevant facts and circumstances, and ABI, in its sole and absolute discretion, may effect the move or transfer of Intern to another host organization or artist’s studio.
3.1 As part of the International Program, ABI will arrange for your accommodation and housing reasonably within the locale where the host organization or artist’s studio is located. Intern acknowledges and understands that selection of such housing will be solely within the reasonable discretion of ABI, and that ABI will use reasonable commercial efforts to select suitable accommodation and housing.
3.2 You must report any damage to your accommodation (whether caused by you or otherwise) to your Coordinator at the time the damage occurs. Failure to report damage could mean the loss of part or all of your housing deposit. If the cost of the damage exceeds the amount of your housing deposit, you will liable to pay the difference.
3.3 Subletting will not be permitted in any accommodation selected and supplied to Intern by ABI.
3.4 Smoking will not be permitted in any accommodation selected and supplied by ABI. If you or your guests smoke in your accommodation, you will be asked to vacate your accommodation immediately and any of your remaining rent and housing deposit will not be refunded.
3.5 In general, you will not be permitted to have overnight guests in your accommodation for more than two consecutive nights without prior written permission from your Coordinator, and from any flat-mates or housemates. Should you violate this rule, you will be required to vacate your accommodation immediately and your any remaining rent and housing deposit will not be refunded. Please note that in certain accommodations, you will not be permitted to have any overnight guests. If having overnight guests is important to you, check the housing rules specific to your chosen accommodation before confirming housing.
4.Arrival in Host City.
Intern will be responsible for travel from the airport in the host city to Intern’s housing or accommodation. Notwithstanding the foregoing, ABI will use its reasonable efforts to meet Intern at that airport and to transport Intern to selected housing or accommodation. Changes in arrival dates or times must be communicated to ABI or its partners and representatives at least 24 hours in advance of the originally scheduled date and time (normal travel delays excepted).
5.1 ABI will undertake to secure an appropriate visa for Intern, acting through Cultural Vistas gGmbH in Berlin, Germany, Cultural Vistas Inc. in New York, United States, BUNAC in London, United Kingdom and the Hong Kong America Center in Hong Kong. Intern will be responsible for assembling all necessary information and documents in a timely manner to enable ABI to secure the visa. Should Intern fail to do so, ABI in its sole discretion may terminate Intern’s involvement in the Program, or take such other steps as it may deem reasonable and appropriate.
5.2 Intern will be responsible for obtaining validation of the visa at his or her local consulate or embassy.
5.3 If a visa is not secured for you, for any reasons or for no reason (other than through your own fault), ABI may determine in its sole discretion to issue a refund of any payment or payments you have previously made. You understand and acknowledge that ABI may exercise such discretion in its favor or in your favor, and that you have no guarantee that such a refund will be made.
5.4 Should the separate refund policies of Cultural Vistas GMBH and of Cultural Vistas Inc. provide for a refund in applicable circumstances, those policies will govern and the policies set forth in this section of these Terms and Conditions shall be inapplicable.
5.5 You will not be entitled to any refund of any payments you have made to us in the event that your Program participation must be terminated, cancelled, or materially curtailed should you fail to secure a visa or due to the immigration authorities not accepting your visa.
6.Your Obligations to ABI.
6.1 You must comply with any reasonable request by the host organization or artist’s studio, by any college or university acting as such in connection with the Program, and by your Coordinator or the director of the Program.
6.2 You may not enter into any direct negotiations for employment, or contractual arrangement providing for employment, with the host organization or artist’s studio during the course of your involvement in the Program.
6.3 You will take appropriate care of and be responsible for materials provided to you for your use by the host organization or artist’s studio. You will be financially responsible for damage to or loss of such materials.
6.4 You will be responsible fiscally for any damage you or any guest causes at or in your accommodation.
6.5 You will adhere to and comply with the Program Code of Conduct. The Code of Conduct covers, but is not limited to respecting the culture and beliefs of others, working responsibly at the host organization or artist’s studio, adhering to the rules and regulations set out by any college or university involved in the Program, respecting your accommodation or housing, and not consuming illegal drugs or participating in illegal activities.
It is your responsibility to ensure that you have a full and valid passport which is acceptable to the immigration authorities of the country in which the Program is located, and that such passport will be valid for the duration of the Program and for a period of at least 6 months after conclusion of the Program.
8.Inoculations, Medical Advice, Medical Emergency Consent.
8.1 You must bring with you any necessary or recommended medications or medical equipment (such as syringes, water sterilization tablets, mosquito netting and malaria tablets).
8.2 You must also take reasonable steps to keep yourself in good health by taking any such medication and not participating in any high-risk activities that may compromise your health for the duration of your Program.
8.3 By signing these Terms and Conditions, in case of medical emergency (as defined by us), you hereby give us permission to contact the emergency contacts that you designate during the Program.
In order to facilitate your Program, it may be necessary, from time to time, for ABI to release or transfer your personal information, including but not limited to, medical information, background check information, and details of any criminal convictions, to coordinators or Program partners. By your acceptance in the Program, you grant us permission to release or transfer such personal information to coordinators or Program partners, notwithstanding any provision of law in the codes and regulations of the nation in which the Program is being executed.
10.Use of Photos and Comments.
You hereby grant us permission on a royalty free basis to use photos or images or comments made by you for promotional/marketing purposes, including photos submitted to us by you when entering photo competitions, without obtaining your further specific permission or making any payment to you. Such use may include mention of your name, age, university, town/city/area of residence. Marketing purposes may include but are not limited to brochures, our website, and social media.
11.1 The cost of involvement and participation in the Program will start at USD $1,950. Actual cost will be dependent on length of participation in the Program, nature and cost of accommodation or housing, complexity and time involved in obtaining a visa or other travel documents, and other factors in ABI’s discretion. ABI will advise an accepted applicant of such cost on its website and upon request for additional features such as private apartment or a longer internship length. (or when it has reached a determination as to whether the applicant is qualified to participate in the Program.)
11.3 A deposit in the amount of 25% of the total cost is required in order to reserve your participation in the Program, and must be paid promptly upon acceptance, and in no event later than fifteen (15) calendar days after ABI sends you written notice of acceptance. After receipt of your deposit, we will invoice you for the Program fee balance. If a parent or other designee will be managing payment of fees on your behalf, it remains your responsibility to ensure that all fees are paid by their respective due dates. The program fee balance must be paid in full 60 days before the advertised arrival date for each term of the Program or by the due date on your billing statement, whichever is earlier. Should you fail timely to pay all such amounts due, within 14 calendar days of any invoice, then ABI, in its sole discretion, may terminate your participation and revoke its acceptance of you.
11.4 All payments must be made via Quickbooks Payment, bank wire transfer or acceptable credit or debit card.
In order to maximize the value of our programs to our participants, ABI makes financial commitments on your behalf prior to the Program start date. Accordingly, ABI has instituted a limited cancellation policy in line with current international education provider standards from which it cannot depart. Cancellations must be sent in writing via electronic mail; phone calls are not acceptable. No refunds will be made other than those specified below.
12.1 Refunds in the event of cancellation adhere to the following schedule:
12.1.1 If Participant withdraws from the Program or cancels his or her participation in the Program at a time that is fewer than or equal to sixty (60) days of the Program commencement date (which shall be the date upon which the Participant starts the internship), ABI will be entitled to retain 100% of the total Program fee.
12.1.2 If Participant withdraws from the Program or cancels his or her participation in the Program at a time that is more than sixty (60) days of the Program commencement date (which shall be the date upon which the Participant starts the internship), ABI will be entitled to retain 50% of the total Program fee.
12.1.3 If Participant withdraws from the Program or cancels his or her participation in the Program after the Program commencement date, ABI will be entitled to retain 100% of the total program fee.
12.1.4 A candidate cannot defer participation to a future Program. Once a Program begins, no refunds are granted for housing or for scheduled activities unused by students due to absence or any other reason.
12.1.5 All third party-fees (visa, insurance, housing, etc) that have already been paid are not guaranteed refundable and are dependent on the separate refund policies of the third parties.
13.Warranties and Representations
13.1 I represent that all of the above information is true and is given to induce my placement as an intern in the Program. I authorize ABI, to make such investigations as necessary, including contacting references.
13.2 I have read and agree to the Terms and Conditions stated above, the literature, and all of ABI’s policies, including those related to health and safety, participation conduct, and refunds.
I will indemnify ABI and its officers, directors, managers, members and employees (collectively, “Representatives”) against all loss or damage, including reasonable attorneys’ fees, and any claims made against any of them as a result of any breach by me of the undertakings and agreements set forth herein, or any negligent acts or omissions by me during the course of my participation in the Program.
These Terms and Conditions, the benefits of the Program, and the matter set forth in the Internship Program Agreement are personal to you, and may not be assigned. In strictly limited circumstances and within the sole discretion of ABI, ABI may permit such to be assigned to another individual who will substitute for Participant in the Program. Such assignment may be effected only with the express, written consent of ABI.
All notices required or permitted to be given hereunder will be in writing and will be delivered as follows:
If to ArtBound Initiative, then to:
If to Intern, then to:
Delivery will be effected by a means reasonably calculated to give reasonably contemporaneous notice to the recipient of sending the notice. Electronic mail shall be the sole means of delivery, Notice will be deemed given upon delivery, which will be the date and time on which the recipient accesses or otherwise opens the notice, as shown by the sender’s email system.
17.Modification and Waiver; Further Actions; Entire Agreement
No modification of or amendment to these Terms and Conditions, nor any waiver of any rights thereunder, will be effective unless in writing signed by the party to be charged. The waiver of any term or provision hereof shall not effect a waiver of any other term or provision hereof, nor shall such waiver affect the enforceability of the waived term or condition at any other time or in any other circumstance. ABI and Intern will take such actions and execute and deliver such instruments as may be reasonably necessary to effectuate the intent of these Terms and Conditions
18.Governing Law and Consent to Jurisdiction
These Terms and Conditions set forth the entire agreement and understanding relating to the subject matter hereof, and supersede any and all prior discussions or agreements. These Terms and Conditions will be governed by the laws of the State of New York without giving effect to the conflicts of laws principles of that state.
If any term or provision of these Terms and Conditions, or the application thereof to any person or circumstance, will, to any extent, be invalid or unenforceable, the remainder of these Terms and Conditions, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, will not be affected, and each term and provision of these Terms and Conditions will be valid and be enforced to the fullest extent permitted by law.
Any dispute, claim or controversy arising out of or relating to these Terms and Conditions, or to the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, will be determined by private arbitration in New York City before one arbitrator selected and agreed to by the Parties within ten (10) calendar days of demand, using AAA or JAMS rules, at the direction of the sole arbitrator. If the parties cannot agree upon a sole arbitrator, the arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures (for disputes greater than $250,000) and under the Expedited Procedures in those Rules, or under the JAMS Streamlined Arbitration Rules and Procedures (for disputes less than $250,000), whichever will be applicable. Judgment on the Award may be entered in any court having jurisdiction. This clause will not preclude ABI or Intern from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.