EverScholar Course: The Gilded Age and The Dawn of The American Century – WAITLIST SIGNUP

RELEASE FROM LIABILITY, ASSUMPTION OF RISK & BINDING ARBITRATION AGREEMENT

This Agreement is important.  It includes terms and conditions of your participation and a release of liability in favor of EverScholar Inc. It must be agreed to by all participants.

LIMITATION OF LIABILITY AND RELEASE.  EverScholar, a 501(c)(3) entity incorporated in the State of New Jersey with offices at 10 Partridge Run, Princeton Junction, New Jersey 08550 and its owners, trustees, directors, officers, affiliates and employees (collectively, “EverScholar”) does not own, control or operate any person or entity which is to or does provide goods or services for your program including, without limitation, hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, potential or actual host organizations, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc.  All such persons and entities are independent contractors.  As a result, EverScholar is not liable for any act or failure to act, whether negligent, willful or otherwise, of any such person or entity, or of any other third party.  

In addition and without limitation, EverScholar is not responsible for any injury, financial or other loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services whether resulting from, but not limited to, acts of God or force majeure, acts or orders of government, denial or delay of entry into any country, acts of war or civil unrest, insurrection or revolt, bites from or attacks by animals, insects or pests, strikes or other labor activities, criminal or terrorist activities of any kind or the threat thereof, sickness, illness, epidemics or the threat thereof, the lack of availability of or access to medical attention or the quality thereof, overbooking or downgrading of accommodations, mechanical or other failure of airplanes, vessels or other means of transportation, or for any failure of any transportation mechanism to arrive or depart timely or safely.  Further, I release EverScholar from its own negligence and assume all risk thereof.

ASSUMPTION OF RISK.  I am aware that my program may involve hazardous conditions or activities, some in remote areas of the world, with a risk of illness, injury (physical or emotional), inconvenience or death which may be caused by forces of nature, animals, insects or flora, cultural or behavioral differences, the negligence of any third party, whether known or unknown, or of EverScholar, or of willful or criminal conduct of any third parties.  I am aware that weather conditions may be severe, adverse and/or unpleasant.  In order to partake in the enjoyment, excitement and benefits of this program, I am willing to accept the risks and uncertainty involved as being an integral part of my program.  I accept and assume full responsibility for any and all such risks of illness, injury (physical or emotional), inconvenience or death.  We strongly recommend that participants review the destination country’s specific information at 

https://travel.state.gov/content/passports/en/alertswarnings.html  and 

https://wwwnc.cdc.gov/travel/notices, both of which contain important information.

CHANGES.  EverScholar reserves the right to change my itinerary, housing or other features of the program if EverScholar believes it will enhance the safety, comfort, enrichment or enjoyment of the program.  

RETENTION AND ACCEPTANCE OF PARTICIPANTS.  EverScholar, in its sole discretion, reserves the right to decline to accept or retain any participant whose actions or any other circumstances, in EverScholar’s sole judgment, impede the operation of the program or the welfare, enrichment or enjoyment of other program participants. 

CANCELLATION OR POSTPONEMENT OF PROGRAM:  EverScholar may cancel or postpone a program (or an option) for any reason whatsoever.  If so, for cancellations based upon acts of God or force majeure, acts or orders of government, epidemics or the threat thereof, terrorism or the threat thereof, strikes or labor disturbances, demonstrations, riots or civil unrest, criminal activity, supplier default or insolvency, or other similar circumstances, its sole obligation is to issue credits in the full amount of moneys paid to EverScholar to the extent its suppliers are crediting EverScholar with those monies paid by EverScholar to them.  Under no circumstances is EverScholar obligated to refund the cost of any purchased travel insurance. EverScholar is not required to cancel any program for any reason including without limitation, United States Department of State, Centers for Disease Control, World Health Organization or other Warnings or Advisories of any kind. EverScholar is not responsible for fees assessed by air carriers resulting from operational and/or itinerary changes, even if EverScholar makes the flight arrangements or cancels or postpones the program. 

CANCELLATIONS BY PARTICIPANTS:  Cancellations for all or any part of the program will not be effective until received in writing in the offices of EverScholar.  Should you have to cancel, the following terms will apply: reservation cancellation(s) are subject to, after June 1, 2025 and before July 1, 2025, 50% of the published full regular tariffs; cancellations after July 1, 2025, a no-show, or early return from the program will result in loss of 100% of the published full regular tariffs. In addition, any applicable airline cancellation fees, optional excursion cancellation fees and administrative fees may apply.

TRAVEL INSURANCE: We strongly recommend that you purchase trip cancellation insurance. In the event that you must cancel your participation in a travel program, trip cancellation insurance may be the only source of reimbursement. Trip cancellation insurance is available through others for comprehensive coverage of such expenses in conjunction with cancellation due to illness or accident, and damaged or lost luggage.

RATES:  Prices quoted are based on fares in effect at the time of printing and are subject to change at any time.  On programs which do not include interstate or international air, even after final payment, EverScholar reserves the right to increase the program price in the event of cost increases due to changes in supplier costs, currency fluctuations or fuel or energy surcharges and all such increases are to be paid to EverScholar upon notice to the program participant of such increases.  On programs which include EverScholar purchased interstate or international air, no increased costs will be passed on after final payment except for subsequently imposed governmental tax increases.  

CERTIFICATION.  I certify that I do not have any physical or mental condition which will create a danger or hazard for me, other participants, or any third party, and that I have the physical and mental faculties to complete my program without endangering myself, other participants or any third party. 

MEDICAL ISSUES.  I understand that I am solely responsible for my pre-program, program, and post-program medical care in all respects, including, but not limited to, obtaining and taking necessary medication(s), vaccinations, and any other medical care and treatment. I certify that I will consult a physician qualified in travel medicine, immunizations, and infectious/tropical diseases prior to my departure for my program. I understand I am solely responsible for my medical, psychological and physical condition during the duration of my program. Notwithstanding any travel medical and emergency evacuation coverage that may be arranged by EverScholar or any other assistance voluntarily provided by EverScholar, should any medical, psychological or physical problems arise during the course of my program, I am solely responsible for any and all care that I may need, including directly coordinating with any such travel medical and emergency evacuation provider and being ultimately responsible for paying for the costs and expenses of any such care. I also understand that failure to follow any instructions or recommendation from any medical or other health providers, or to refuse medical evaluation or treatment when recommended by medical professionals, is grounds for my immediate dismissal from the program.

COMPLIANCE WITH LOCAL LAWS.  I understand that I am obligated to comply with local laws and customs, and EverScholar is not able to provide assistance in case of arrest or detainment. I recognize that my conduct can have an effect on the program benefits intended for program participants. I agree to conduct myself in a manner that will support mutually beneficial interaction with other participants. 

EXPENSES AND COSTS.  I understand that I am solely responsible for any and all expenses and costs incurred by me before, during and after the program.  Under no circumstances will EverScholar be responsible for any of my expenses incurred in preparing for the program.  These expenses and costs include, but are not limited to, advance purchase air tickets or other transportation services, equipment, visa fees, passport fees, medical expenses, or any other expense incurred by me in preparation for the program.      

ENTRY INTO HOST COUNTRY.  EverScholar is not responsible for any failure of any country to issue a visa, work permit or other necessary travel document for any reason or to issue same in a timely manner. Should it not be possible to secure a visa, work permit or other necessary travel document including, for example, a recent negative COVID-19 test, I understand that EverScholar is not obligated to find me an alternate program or issue a refund or compensation in any amount.

EPIDEMICS, ACTS OF GOVERNMENT OR GOD.  I understand that perceived or actual epidemics such as, but not limited to, COVID-19, H1N1, Ebola, SARS, bird flu, Hantavirus or Zika, acts or orders of government or acts of God can delay, disrupt, interrupt or cancel programs either before they begin or after their commencement. I agree to assume all risk of any such events or losses which could result from any such occurrences.  EverScholar reserves the right, in its sole discretion, to cancel or postpone any and all programs under such circumstances.

PHOTOGRAPHIC RECORDS.  EverScholar reserves the right to take photographic or film records of any program, including photographs or film of myself or other participants, and to use and/or disseminate documents and materials created by the participant while on the program.  I understand and agree that EverScholar may use such records for promotional and/or commercial purposes without limitation, payment of any fees and without liability.  

NOT INCLUDED:  Taxes; passport, visas and associated fees; personal expenses such as laundry, telephone calls and Internet access or any other expenses unless specifically otherwise described; accident/sickness, trip cancellation, and baggage insurance; gratuities; optional sightseeing excursions; baggage charges on aircraft; local departure air/airport tax(es); airfare and associated local taxes, airport facility and security taxes and federal inspection fees not listed as included in the program; transfers and baggage handling to/from airport/hotel on day(s) of arrival and/or departure if you are arriving earlier or later than and/or departing earlier or later than the scheduled group transfer(s); any overnight on land due to flight schedule(s); meals, alcoholic or other beverages and all other services not specifically mentioned as included in the travel program.

AIRFARE: Airfare is subject to change and availability and, depending on the fare basis, likely is nonrefundable. Your airline ticket constitutes a contract between you and the airline.

LUGGAGE: Luggage allowance policies are set by the airlines and may change without notice.  EverScholar is not responsible for lost, damaged or misplaced luggage or other personal property.

PHYSICAL ACCESSIBILITY: All programs require physical independence and mobility. Any physical or mental condition that may require special medical attention or physical assistance (for example, the need for a wheelchair) must be reported in writing when you make your reservation. Participants must be able to embark or disembark motorcoaches alone or with minimal assistance from your traveling companion and climb stairs and step over raised thresholds without assistance. Participants requiring assistance must travel with a companion who will be responsible for handling equipment.

THIRD PARTY DAMAGE OR HARM.  If by my acts or omissions I cause or threaten to cause damage or harm of any kind whatsoever, physical or emotional, to third parties, I accept full responsibility therefore. Further, in the event of such damage or loss, I agree to indemnify and hold EverScholar harmless from any and all actions taken by third parties for said damages or loss.

BINDING ARBITRATION:  Any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning the program, or the program itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. Sections 1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS).  Such proceedings will be governed by substantive (but not procedural) New Jersey law and will take place in Mercer County, NJ.  The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.  Please understand that by agreeing to these terms and conditions, the participant and EverScholar are waiving the right to a trial by jury.  

VOLUNTARY PARTICIPATION.  I acknowledge that I have voluntarily applied to participate in the program and that I have read the description of it together with all information contained in the application.  I am voluntarily participating in this program with knowledge of the risks involved.