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STUDY TOUR AGREEMENT BETWEEN: AND: University of Southern Queensland of West Street Toowoomba in the State of Queensland (“USQ”) The Organisation whose details are listed in Item One of the Schedule attached (“Organisation”) Where USQ and the Organisation have agreed for USQ to provide the Program set out in Item 2 of the Schedule ("Study Tour") for students from the Organisation ("Students") and this document provides the terms and conditions for the program. 1. 1.1 Comencement and Term The parties agree that USQ responsibility for the Study Tour: (a) commences when Students and associated support staff of the Organisation ("Participants") arrive on the date and at the place specified in Item 3 of the Schedule ("Arrival Date"); and (b) ends when the Participants arrive at the Airport and on the date specified in Item 4 of the Schedule. 2. Responsibilities of the Organisation 2.1. The Organisation is responsible for all arrangements that are not the subject of this Agreement, including international travel, passports, visas, vaccinations and health insurance, 2.2 The Organisation will ensure that the Participants have comprehensive travel insurance which must include cover for medical expenses, repatriation, personal accident and liability, theft and cancellation. The Organisation will ensure that each Participant is aware that it is their responsibility to provide their insurer with information about any pre-existing medical condition. 2.3 All insurances referred to in clause 2.2 must be in place prior to departure on the Study Tour from the Participants’ home country. USQ Program Page 2 3. Program 3.1 The start date of the Study Tour is the date specified in Item 5 of the Schedule. 3.2 The program for the Study Tour is set out in the Appendix which forms part of this Agreement. The parties agree that the program will be altered in exceptional circumstances only, however as USQ is dependent on external agencies for many of the services included in the program and as some program elements are subject to interference by inclement weather, changes to the program may be necessary prior to or during the course of the program. 4. Student Numbers 4.1 The Orginsation will notify USQ of the final number of Students participating in the Study Tour on or before the date specified in Item 6 of the Schedule ("Notification Date"). 4.2 The parties agree that Students shall have attained the age of 18 years prior to departure on the Study Tour from their home country. 4.3 The parties agree that the number of Students participating in the Study Tour will not be less than the number specified in Item 7 of the Schedule. 4.4 If the minimum numbers set out in clause 4.3 are not confirmed by the Notification Date, USQ reserves the right to cancel the Study Tour and this Agreement. 5. Payment 5.1 Payment in full of all fees is due on or before the date specified in Item 8 of the Schedule ("Payment Date") 5.2 The fees are based on a fee per Student as set out in Item 9 of the Schedule. 6. Insurance and Indemnity 6.1 The Organisation will maintain insurance to cover public liability, workers compensation (where applicable) and any travel and other insurances necessary to cover themselves in the event that any Participant suffers loss or damage, or suffers personal injury or death, or that any employee or agent suffers any loss or injury. 6.2 The Organisation will on written request from USQ, promptly forward certificates of all relevant insurance policies to USQ. 6.3 The Study Tour is undertaken at the sole risk of the Organisation and each Participant. The Organisation shall at all times indemnify, hold harmless and defend USQ, its officers, employees and agents (in this clause referred to as “those indemnified”) from and against any loss, (including legal costs and expenses) or liability, reasonably incurred or suffered by any of those indemnified, arising out of a Participant’s involvement in the Study Tour. USQ Program Page 3 6.4 The Organisation’s liability to indemnify USQ under clause 6.3 shall be reduced proportionally to the extent that any negligent act or omission of USQ or its officers, employees or agents contributed to the loss or liability. 6.5 This indemnity shall survive the expiration or termination of this Agreement. 7. Termination and Cancellation Policy 7.1 USQ reserves the right to terminate this Agreement if the minimum number under clause 4.3 is not confirmed by the Notification Date. 7.2 The Organisation agrees to pay USQ an amount equal to 10% of the Fee per Student for each Student who withdraws from the Study Tour after the Notification Date but before the Payment Date. 7.3 Students who withdraw from the Study Tour after the Payment Date will be entitled to the following refunds:- 7.4 (a) written notice of withdrawal received after the Payment Date but before the Arrival Date - 50% of the Fee; (b) written notice of withdrawal received after Arrival Date - no refund. Notwithstanding clause 7.3, a notice of withdrawal due to exceptional circumstances may, at the sole discretion of USQ, entitle a Student to a full refund of fees paid. USQ will be entitled to seek from the Organisation such documentation as it requires to substantiate any claim for a total refund. SIGNED on behalf of the University of Southern Queensland ) ) by _________________________________ ) ) ) ) ) __________________________ Authorised Signatory ) ) ) ) ) ) __________________________ Authorised Signatory this ________ day of _______________ in the presence of __________________________ __________________________ (Signature of Witness) SIGNED on behalf of the Organisation by _________________________________ this ________ day of _______________ in the presence of __________________________ __________________________ (Signature of Witness) USQ Program Page 4 SCHEDULE Item 1: Organisation: Name: Address: Item 2: Name of Program: Item 3: Arrival Date: Airport: Item 4: Departure Date: Airport: Item 5: Start Date: Item 6: Notification Date: Item 7: Minimum Student Numbers: Item 8: Final Payment Date: Item 9: Per Student Fee: APPENDIX