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