Terms & Conditions
Version: September 2026 | Effective Date: September 2026
1. Introduction and Definitions
These Terms & Conditions (the “Agreement”) govern enrollment in and participation on educational tours provided by American Connections Inc. DBA “World Classrooms” (“WC”). I (the enrollee, or the parent or legal guardian if the enrollee is under 18) have read and agree to this Agreement.
Enrollment constitutes agreement. By enrolling and making my deposit, I agree to this Agreement on my own behalf and, if the participant is a minor, on behalf of my child. No separate signature is required.
PLEASE READ THIS AGREEMENT CAREFULLY. It includes provisions that affect your legal rights, including a Release and Waiver of Claims (Section 3), an Assumption of Risk (Section 4), an Indemnification obligation (Section 5), a Limitation of Liability (Section 6), and a requirement that most disputes be resolved by binding, individual arbitration with a class action waiver (Section 15.5).
Definitions
In this Agreement:
- “WC” means American Connections Inc. DBA World Classrooms and its affiliates, officers, directors, shareholders, and employees.
- “WC Tour Staff” means WC’s own personnel who travel with or support the group, which may include Chief Experience Officers (CEOs), Hosts, and Vice Presidents (VPs). WC Tour Staff are employees or authorized representatives of WC, and to the extent provided by law WC is responsible for their acts and omissions taken within the scope of their roles for WC.
- “Local tour guides” and other suppliers, such as hotels, airlines, motor coach and other transportation companies, local ground operators, attractions, and food service or entertainment providers, are independent third-party contractors that WC does not own, operate, employ, or control.
- “Group leader” means the teacher, school representative, or other individual selected by the school to organize and accompany the group. A group leader is not an employee, agent, or representative of WC.
- “Released Parties” means WC, my school, my school district, my school board, and my group leader.
The trip is not a school-sponsored activity. Group leaders and accompanying adults (teachers/school staff) and travelers do not attend as representatives or employees of the school in any way.
2. Independent Suppliers and Events Beyond WC’s Control
WC does not own or operate any entity which provides goods or services for my tour program, including but not limited to: hotels; arrangements for or ownership or control over lodging facilities; third-party local tour guides; attractions; airline; motor coach; bus or other transportation companies; local ground operators; visa processing services; providers or organizers of optional excursions; food service or entertainment providers; etc. All such persons and entities are independent contractors. As a result, WC is not liable for any negligent or willful act or failure to act of any such person or entity, or of any third party. Group leaders are not employees or agents of WC, and WC is not responsible for the acts or omissions of group leaders.
Without limitation, WC and its affiliated schools, companies, partners, or any companies acting on its behalf, and each of their directors, officers, employees, volunteers, sponsors, leaders, independent contractors, agents, and authorized representatives are not responsible for any injury, loss, or damage to person or property; death; delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to: acts of God; force majeure; acts of government; acts of war or civil unrest; insurrection or revolt; strikes or other labor activities; criminal; terrorist or threatened terrorist activities of any kind; overbooking or downgrading of accommodations; structural or other defective conditions in lodging facilities (or in any heating, plumbing, electrical or structural problem therein); mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely; dangers associated with or bites from animals, insects or pests; sanitation problems; food poisoning; epidemics or the threat thereof; disease; lack of access to or quality of medical care; difficulty in evacuation in case of a medical or other emergency; any negligent or willful act or failure to act of any third party; or for any other cause beyond the direct control of WC.
3. Release and Waiver of Claims
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I agree to release the Released Parties and not to sue the Released Parties for any and all claims, of any nature related in any manner to my participation in a WC sponsored tour, including, but not limited to, claims for negligence, breach of contract, or breach of express or implied warranties. I hereby waive any and all claims and demands for all damages, losses, costs and expenses of any nature whatsoever (including attorneys’ fees) on account of or arising out of any and all personal injury, death, bodily injury, mental anguish, emotional distress, property, or other damage that I may suffer from any cause whatsoever related in any way to my participation in any WC sponsored tour. I further agree to release the Released Parties from any and all decisions to cancel, modify, or delay the tour as a result of unforeseeable events that are beyond the reasonable control of WC or which become necessary or advisable so as to increase the quality of the tour.
Nothing in this Release is intended to, or shall, release any party from liability for its own gross negligence or willful misconduct, or to waive any rights that cannot be waived under applicable law. This Release applies to and binds me and my minor child enrolling on tour (if applicable), along with our respective heirs, personal representatives, executors, administrators, assigns, and family members.
4. Assumption of Risk
I understand that travel, both within the United States and internationally, involves inherent risks that cannot be eliminated regardless of the care taken to avoid them. These risks include, but are not limited to: transportation and traffic-related accidents; risks associated with air, motor coach, rail, and water transportation; dangers associated with recreational, physical, and water-based activities; forces of nature, severe weather, and geographic and climatic conditions; varying hygienic and sanitation standards; food-borne illness; exposure to illness, disease, epidemics, or pandemics; dangers associated with or bites from animals, insects, or pests; crime, vandalism, civil unrest, political instability, and terrorism; differing infrastructure, road, and accommodation conditions; limited availability or quality of medical care; difficulty of evacuation in the event of a medical or other emergency; and the negligent, wrongful, or intentional acts or omissions of other travelers or of third parties. I agree to review risks specific to my destination(s), including at the U.S. Centers for Disease Control and Prevention’s Travelers’ Health website (www.cdc.gov/travel) and, for international travel, the U.S. Department of State’s travel website (travel.state.gov).
PARTICIPANT-RELATED RISKS. I understand that WC tours involve shared hotel rooms, shared transportation, and group settings, and that participants are individuals whose conduct WC does not and cannot fully control. While WC establishes and enforces conduct rules, WC cannot guarantee the prevention of every act of misconduct, negligence, or wrongful conduct by another participant or third party. I acknowledge and assume the risks arising from the acts or omissions of other participants and third parties, and I understand that, to the fullest extent permitted by law, WC is not liable for the independent acts or omissions of other travelers.
I VOLUNTARILY AND KNOWINGLY ASSUME ALL SUCH RISKS, whether or not specifically identified above, as a condition of my (or my child’s) participation on a WC tour, to the fullest extent permitted by law. This assumption of risk binds me, my child enrolling on tour (if applicable), and our respective heirs, personal representatives, executors, administrators, assigns, and family members.
5. Indemnification
I agree to indemnify and hold harmless WC and the other Released Parties from and against any financial liability, loss, cost, damage, or expense (including reasonable attorneys’ fees) arising out of or relating to: (a) any injury to, or damage to the person or property of, any third party or other participant that I cause or contribute to while participating on a WC tour; (b) any financial obligation I incur to any third party, including hotels, transportation providers, and attractions, during the tour; and (c) my violation of this Agreement, of WC’s rules, or of applicable law while on tour. For travelers under 18, this obligation is undertaken by the parent or legal guardian agreeing to this Agreement.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WC’s total aggregate liability for any and all claims arising out of or relating to a WC tour or this Agreement, whether based in contract, tort, warranty, or otherwise, shall not exceed the total amount of trip fees actually paid by or on behalf of the participant to WC for the tour giving rise to the claim. In no event shall WC be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for lost profits, lost wages, or loss of enjoyment. This limitation does not apply to liability for gross negligence or willful misconduct, or to any liability that cannot be limited under applicable law.
7. Participant Conduct and Standards for Success
7.1 Right to Remove a Participant
WC reserves the right to refuse or cancel my registration at its sole discretion. WC and/or the group leader reserves the right to decline to accept, to retain, or to remove any participant from the tour whose conduct, behavior, intoxication, impairment, or actions are, in WC’s or the group leader’s sole discretion, disruptive, unsafe, unlawful, or detrimental to the safety, well-being, or experience of other travelers, or whose presence is dangerous to the participant or others, or who fails to abide by WC’s regulations and/or the directions of WC Tour Staff or the group leader. All participants are expected to be respectful towards other tour participants. Bullying and harassment are not tolerated, and individuals who engage in such behavior may be removed from tour. The use of any illegal substances is not allowed. Failure to comply is subject to disciplinary action, including dismissal from tour. Travelers who have been removed from their tour waive the right to a refund of any part of the fee. WC may send the traveler home at the traveler’s (or, for a minor, the parents’) own expense.
7.2 Adult Traveler Conduct
Adult travelers are expected to conduct themselves in a manner consistent with the educational nature of the program. Excessive alcohol consumption, intoxication, disruptive conduct, harassment, interference with staff, or behavior that jeopardizes the safety or experience of other travelers may result in removal from activities or dismissal from the tour without refund, and return home at the adult traveler’s own expense.
7.3 Standards for Success
All participants must comply with WC’s Standards for Success, a separate document that sets out WC’s behavior, safety, and conduct expectations for travelers, covering matters such as following the directions of group leaders and WC Tour Staff, respectful behavior, prohibited substances and items, staying with the group during free time, hotel and rooming rules, responsible use of electronic devices, and reporting concerns. The Standards for Success are published at https://www.worldclassrooms.com/standard-for-success (September 2026 version) and form part of, and are incorporated by reference into, this Agreement. Enrollment by a parent or legal guardian serves as the family’s agreement to the then-current Standards for Success; no separate signature is required. By enrolling a student, the parent or legal guardian also agrees to review the Standards for Success with the student before travel.
If any participant violates the Standards for Success, the participant may be dismissed from the tour at the sole discretion of WC Tour Staff. In such cases, the parent/guardian will be contacted, the student will be sent home at the parent’s expense, and no refund of any part of the trip price will be given.
7.4 Privacy, Electronic Devices, and Social Media
All participants must use technology and social media responsibly and respect the privacy and dignity of everyone in the group. Do not photograph, record, livestream, video chat, or otherwise capture images, audio, or video of another participant in a hotel room, bathroom, changing area, or any other location where privacy is reasonably expected. Do not share, post, transmit, forward, or ask for any image, video, or recording of another participant without that person’s permission. Any use of an electronic device that invades another participant’s privacy, is harmful, demeaning, exploitative, harassing, or threatening, or is otherwise considered inappropriate by World Classrooms staff is not allowed and may be against the law. Bullying or harassing anyone in the group, online or in person, is also prohibited. Violations may result in disciplinary action, including temporary confiscation of the device, removal from activities, dismissal from the tour at the traveler’s own expense, and, where required by law, a report to the appropriate authorities.
7.5 Conduct Between Participants
WC does not supervise, authorize, or condone romantic or sexual conduct between participants. Participants are expected to comply with rooming assignments, curfews, and all conduct rules. WC cannot guarantee the prevention of every interaction between participants; violations of rooming, curfew, or conduct rules may result in removal from the tour at the traveler’s own expense.
7.6 Compliance with Rules and Laws; Personal Charges
All participants agree to abide by WC regulations and the directions of my group leader and WC Tour Staff during the tour. Failure to do so may result in WC terminating the traveler from the tour immediately. Participants understand that to disobey such rules or directions is to waive the right to a refund of any kind, and that WC may then send the traveler home at the traveler’s (or, for a minor, the parents’)own expense.
All participants agree to abide by all local laws while on tour. Participants understand that if they violate such laws, even unintentionally, they waive the right to a refund of any kind and WC may send the traveler home at the traveler’s (or, for a minor, the parents’) own expense. Participants also understand that should local authorities be involved, they will be subject to the laws of the country or state they are visiting.
Participants will be required to pay for any phone calls or incidental personal expenses that they incur at hotels, as well as for any damage they cause to hotel rooms, buses or other property.
8. Child Safety and Staff Conduct
WC is committed to the safety of student participants and maintains the following safeguards:
- Staff training. All WC tour personnel, including employees, interns, seasonal staff, and volunteers, complete annual training, in person or through a video training series, regarding student safety, professional boundaries, appropriate communications, reporting obligations, and prohibited conduct involving student participants.
- Background screening. All WC tour staff are required to complete a background screening before working with student participants on tour.
- Communications. WC personnel may not initiate or maintain private or personal social media or electronic communication with student participants during a tour or for 12 months following a tour, except as authorized for legitimate business purposes.
- Zero tolerance. WC maintains a zero-tolerance policy regarding romantic, sexual, or otherwise inappropriate relationships between WC personnel and student participants. Any employee, intern, volunteer, or representative of WC who engages in, attempts to engage in, or facilitates such conduct is subject to immediate removal from the tour and termination of employment or engagement, and WC will report the conduct as required by law.
9. Free Time, Supervision, and Time Outside WC Activities
My tour begins only when the group departs from the designated meet point and ends upon the group’s arrival at the designated return point. WC has no responsibility or liability for any participant before the group departs from the designated meet point or after the group arrives at the designated return point. This includes, without limitation, any time a participant is traveling to or from the meet point, waiting at or arriving early to the meet point before the group departs, or making their own arrangements to join the group at the departure location or at any later point on the itinerary, such as meeting the group in a destination city. Getting to and from the designated meet point, and joining the group at any designated location, is the responsibility of the participant and, for a minor, the participant’s parent or guardian.
Free Time and Supervision
I understand and acknowledge that WC tours include periods of free time during which participants may explore in small groups, generally in groups of at least three, without direct or continuous adult supervision. WC does not provide one-on-one or continuous adult supervision and does not act as a custodial caregiver. During free time, participants are responsible for their own conduct and safety, subject to WC’s rules, and WC Tour Staff and group leaders are not able to observe every participant at all times. As the parent or legal guardian, I consent to my child participating in free time in groups as described, I confirm that I have discussed appropriate conduct and safety with my child, and I knowingly accept and assume the risks associated with such free time.
WC shall have no liability or responsibility for me when I am absent from WC sponsored activities or during WC non-sponsored activities, such as visits to friends or relatives or during stay-ahead, stay-behind, or any optional periods or activities that do not include the services of WC Tour Staff. WC will not provide refunds for any unused portion of a tour once the tour begins, including if you leave a tour for any reason, miss the tour’s departure date, or have to be removed from a tour. This includes any deviations from the tour related to weather, civil strife, personal, family or medical emergencies, or any other circumstances beyond our control.
10. Health, Medical Disclosure, and Emergency Authorization
10.1 Medical Disclosure and Fitness to Participate
Each participant is required to complete WC’s Medical Safety Form and to disclose fully and accurately all information it requests, including known medical, physical, and developmental conditions; allergies, including food allergies; current medications; dietary needs; and relevant mental, emotional, or behavioral health history. WC relies on this information to help its staff respond appropriately during the tour and in an emergency. I represent and warrant that the information provided on the Medical Safety Form is true, accurate, and complete, and I agree to notify WC promptly of any change before departure. I represent that the participant is physically, mentally, and emotionally able to participate in the tour, or that any relevant limitation has been disclosed to WC in writing. I understand that WC relies on these representations, and I agree to indemnify and hold WC harmless from any claim, loss, injury, cost, or expense arising out of or relating to any failure to disclose, or any inaccurate or incomplete disclosure of, the participant’s medical, allergy, medication, or health information.
10.2 Medications, Allergies, and Emergency Medication
Participants are responsible for bringing an adequate supply of their own medications in their original, labeled containers and, unless WC agrees otherwise in writing, for carrying, storing, and self-administering their own medications. Any need for assistance with medication must be disclosed on the Medical Safety Form and arranged with WC in advance. For any participant with a severe allergy or other condition requiring emergency medication, the parent or legal guardian is responsible for providing that medication, including any epinephrine auto-injector, ensuring it is current and clearly labeled, and ensuring the participant knows how and when to use it. I authorize WC Tour Staff, group leaders, and emergency responders to administer or assist with the administration of the participant’s prescribed emergency medication, including an epinephrine auto-injector, and to obtain emergency medical care, if they believe in good faith that the participant is experiencing a medical emergency. This authorization permits, but does not require, WC Tour Staff or group leaders to administer or assist with medication, and WC does not represent that any staff member is medically trained. To the fullest extent permitted by law, I release WC and WC Tour Staff from liability for any good-faith act or omission taken in response to a perceived medical emergency.
10.3 Emergency Care Authorization
If I become ill or incapacitated, WC or my group leader may take any action deemed necessary for my safety and well-being, including securing medical treatment (at my own expense) and transporting me home (at my own expense). WC retains the right, in its sole discretion, to contact the participant’s parent(s) and/or guardian with regard to health issues or any matter whatsoever that relates to the participant’s tour. These rights transcend any and all privacy regulations that may apply. In the event of a medical emergency, WC will attempt to cause appropriate treatment to be administered, and the participant authorizes WC to do so. WC, however, makes no warranty that it will be able to cause effective (or any) emergency treatment to be administered.
10.4 Participants Whose Needs Exceed the Program
WC welcomes participants of all abilities and will make reasonable efforts to accommodate disclosed needs. Because WC tours involve domestic and international travel, physically active itineraries, group settings, and environments that WC does not control, some accommodations may not be available in a given destination. Participants and families are encouraged to disclose any accommodation needs as early as possible, and no later than any deadline stated in enrollment materials, so that WC can conduct an individualized assessment of what is available. Where a participant’s needs cannot be reasonably accommodated, WC will work with the family to identify alternatives. Consistent with applicable law, WC reserves the right to require that a participant who needs individualized assistance or supervision beyond what the program provides be accompanied by a parent, legal guardian, or qualified aide, at the family’s expense; and WC reserves the right to decline or remove a participant if, after considering reasonable accommodations, WC determines in good faith that the participant’s participation would pose a direct threat to the health or safety of the participant or others that cannot be eliminated or reduced to an acceptable level by reasonable accommodation.
11. Supplemental Accident Coverage
While on tour, participants are provided with limited supplemental accident coverage under a blanket accident policy that WC maintains. This coverage applies only to accidental injury incurred during a tour activity; it does NOT cover illness or sickness of any kind. It is designed to help with out-of-pocket costs resulting from a covered accidental injury sustained while participating in scheduled, supervised tour activities and direct travel to and from those activities. The coverage is secondary (excess) to any other insurance the participant has and pays only after, and in excess of, the participant’s own coverage. Current benefit limits are: accident medical expense up to $5,000 per covered accident, with a $0 deductible and 100% coinsurance; and accidental death and dismemberment benefits of $15,000. Dental treatment for accidental injury to sound natural teeth is covered within the $5,000 accident medical maximum. Pre-existing conditions are not covered, and certain activities and locations may be excluded. Coverage is subject to all terms, limits, conditions, and exclusions of the master policy, which is available upon request. Participants are responsible for their own medical care and expenses for any illness or sickness, and for any charges not covered by this accident coverage.
12. Payment, Fees, and Pricing
12.1 Enrollment Fee
Upon enrollment in a tour, the first $199 paid is my enrollment fee.
12.2 Payment Plans
When you enroll with WC, there are three payment options: (1) Pay in Full, (2) Monthly Installment Plan, or (3) 4-Pay Automatic Installment Plan. Installment Plans must include details of a payment method of either direct debit from your checking account or your credit/debit card. The Monthly Installment payment amount is the trip price divided by the number of monthly installments, rounded to the nearest dollar. For all payment plans, travelers can pay with debit/credit card, direct checking account withdrawal, cash or check. Payments may be submitted online, over the phone, or mailed to WC. Your bank or credit card statement is your receipt.
A non-refundable maximum fee of $35 will be assessed each time a checking account payment is returned or a credit/debit card transaction is declined. A grace period will be given to those whose payments fail. WC holds the right to attempt to collect any scheduled payments. WC reserves the right to reschedule uncollected payments to the final payment date or to withdraw you from the program for consecutive checking account returns, credit card declines, or patterns of missed payments. A secondary credit card may be submitted for backup in the event the primary card is declined. No fee will be assessed if the secondary card is approved.
12.3 Pricing
My tour price is locked in at the time of registration. Prices are subject to change should I choose to change my rooming assignment or occupancy, request itinerary and/or flight deviation, or require additional accommodations for my tour. Occupancy chosen upon enrollment affects my trip price. I understand that if I don’t provide any specific rooming requests, WC has the right to review and adjust my occupancy based upon age and traveler type.
13. TripCare+ Program
WC highly recommends enrollment in its TripCare+ Program. Enrollment in TripCare+ must take place upon original trip enrollment. If I enroll in TripCare+, I understand that the first payments received per traveler will be used to cover the enrollment fee and TripCare+ protection.
TripCare+ is a non-insurance cancellation fee waiver and refund program offered by WC. It is not insurance and does not provide insurance benefits.
The TripCare+ cancellation policy is as follows: 100% of all monies paid to WC for the tour less the enrollment fee will be refunded for cancellations up to 1 week prior to trip departure; 50% of all monies paid to WC for the tour less the enrollment fee will be refunded between one week and 48 hours prior to departure date for any reason; no refunds will be given to those cancellations with less than 48 hours notice from trip departure.
14. Cancellations, Refunds, and Changes
14.1 Right Decision Guarantee
Within the first 30 days following the Parent Informational Meeting, you may cancel your tour and receive a full refund. If you cancel after 30 days and are not enrolled in the TripCare+ Program, the standard cancellation schedule in Section 14.2 applies.
14.2 How to Cancel; Standard Cancellation Schedule
All cancellation notices, with or without TripCare+, must be delivered to WC in writing and be acknowledged by WC in writing. Cancellations must be submitted on the WC Cancellation Form and include all requested information in order to be eligible for any refund. Completed and signed Cancellation Forms must be emailed to [email protected] or via mail to World Classrooms, 14 S Main Street, Ste 200, Aberdeen, SD, 57401. Date of cancellation is counted as the date on which WC receives the cancellation form. Refunds will take approximately three to six weeks to process. The $199 enrollment fee, all donated funds, fees for returned checks, fees for declined credit cards or electronic drafts, late payments, and registration fees are not refundable. WC’s standard cancellation policy is as follows: WC will retain 35% of the trip price for cancellations 180 days or more days prior to original departure date; 50% of the trip price for cancellations 179 to 90 days prior to original departure date; 75% of the trip price for cancellations 89 to 30 days prior to original departure date; and no refund will be given for cancellations 29 days or fewer prior to original departure date. Cancellations due to legal or school disciplinary actions will be reviewed on a case-by-case basis and may not be eligible for refunds. I have the option to transfer my trip to a new enrollee up to January 1st of the traveling tour year.
14.3 Changes and Cancellations by WC
WC has the right to make changes and/or cancellations to tour itineraries and trip dates, and to modify transportation arrangements, including hotels and any other tour features at any time. Usually, if schools have more than 20 travelers, WC will pick travelers up at a designated meet point. If schools have less, WC may ask travelers to meet at a designated meet point or the departure airport. In the event of such changes, refunds will be given only in accordance with the provisions of WC’s Cancellation Policy.
14.4 Group Leaders
As stated in Section 1, the group leader is not an employee, agent, or representative of WC. I understand that my group leader is able to make decisions on my behalf, including, but not limited to, changing the group’s requested travel date. If my group leader cancels for any reason, WC will work with the school to assign a new group leader. If I cancel at this point and choose not to travel with the replacement group leader, I will be subject to WC’s Cancellation Policy.
14.5 Travel Documents
It is my responsibility to secure necessary travel documents (passport, visa[s], and parental authorization forms). Failure to do so does not constitute grounds for a refund.
14.6 Reservations and Non-Refundable Deposits
I understand that WC acts on my behalf to arrange multiple travel services for my tour, such as transportation, lodging, attractions, and activities. Many of these arrangements require non-refundable deposits and payments that WC makes to third-party vendors on my behalf, often well in advance of departure.
14.7 Seller of Travel Registrations and State Disclosures
Seller of Travel Registrations: FL ST43182 and WA 604-334-901. Seller of Travel Disclosure Statements: Oregon residents: If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the passenger will be refunded to the passenger or the party who contracted for the passenger within 14 days after the cancellation by the seller of travel unless mutually acceptable alternative travel arrangements are provided. Washington residents: If transportation or services are canceled by WC, all sums paid to WC for services not performed in accordance with the contract between WC and the purchaser will be refunded within 30 days of receiving the funds from the vendor with whom the services were arranged, or if the funds are not sent to the vendor, the funds will be returned within 14 days after the cancellation by WC to the purchaser unless the purchaser requests WC to apply the money to another travel product and/or date.
15. General Provisions
15.1 Entire Agreement; Amendment; No Waiver
I have read and agree to all of the terms and conditions herein. I understand that together they constitute the entire agreement between WC and me with reference to the subject matter herein, and I do not rely upon any promises, inducements, or agreements not herein stated, including, but not limited to, any oral statements made to me by any agents or employees of WC, by my school representatives, or by my group leader. This Agreement may be amended or modified only in writing signed by an officer of WC. Any waiver by WC of any provision of this Agreement shall not preclude WC’s enforcement thereafter.
15.2 Severability
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and, if incapable of such enforcement, shall be deemed severed, and the remaining provisions shall continue in full force and effect as if the severed provision had not been contained herein.
15.3 Claim Notice and Time Limit for Claims
Before bringing any claim, I agree to give WC written notice of the claim, describing the facts and the relief sought, and to send it to World Classrooms, 14 S Main Street, Ste 200, Aberdeen, SD 57401, or to [email protected], so that WC has a reasonable opportunity to resolve the matter. TO THE FULLEST EXTENT PERMITTED BY LAW, any claim, dispute, or cause of action arising out of or relating to a WC tour or this Agreement must be brought within one year after the date on which the claim arose, and any claim not brought within that one-year period is permanently barred and waived. This provision does not extend any limitation period that applicable law makes shorter and does not apply where applicable law prohibits the parties from shortening the limitation period.
15.4 Governing Law and Venue
This Agreement shall be governed in all respects, and performance hereunder shall be judged, by the laws of the State of South Dakota, without regard to its conflict-of-laws principles, except that the agreement to arbitrate in Section 15.5 is governed by the Federal Arbitration Act. Subject to the agreement to arbitrate in Section 15.5, any claim, dispute, or proceeding that proceeds in court rather than in arbitration shall be brought exclusively in the state or federal courts located in the State of South Dakota, and the parties submit and consent to the exclusive jurisdiction and venue of those courts.
15.5 Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, YOUR RIGHT TO A JURY TRIAL, AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
Agreement to Arbitrate. Except as provided below, any dispute, claim, or controversy arising out of or relating to a WC tour, this Agreement, or the relationship between the parties (a “Dispute”) shall be resolved exclusively by final and binding arbitration rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. Section 1 et seq.) and evidences a transaction involving interstate commerce.
Informal Resolution First. Before initiating arbitration, the party raising a Dispute must first give the other party written notice of the Dispute as described in Section 15.3 and then allow at least 60 days for the parties to attempt to resolve it informally and in good faith. A notice from WC may be sent to the enrolling parent or guardian at the contact information on file. Arbitration may be initiated only if the Dispute is not resolved within that 60-day period. The one-year time limit in Section 15.3 is paused (tolled) while the parties engage in this informal resolution process. This requirement does not apply to a claim brought in small claims court or to a request for injunctive or other equitable relief to address urgent harm.
Rules and Administration. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time the Dispute is filed. Information about the AAA and its rules is available at www.adr.org. The location of any in-person hearing and the allocation of arbitration fees will be determined under the AAA Consumer Arbitration Rules. The arbitrator may award any relief that a court could award on an individual basis, and judgment on the award may be entered in any court of competent jurisdiction.
Authority of the Arbitrator. The arbitrator has exclusive authority to resolve any Dispute, including any dispute about the interpretation, scope, applicability, enforceability, or formation of this agreement to arbitrate, except that a court has authority to decide whether a claim qualifies for the small-claims exception below.
Class Action Waiver. All Disputes must be brought in the parties’ individual capacities, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding. This class action waiver is a material part of this agreement to arbitrate. If it is found unenforceable as to a particular Dispute, that Dispute shall be severed and heard in the courts identified in Section 15.4, but the remainder of this Section, including the requirement of individual arbitration for all other Disputes, shall remain in effect.
Jury Trial Waiver. If for any reason a Dispute proceeds in court rather than in arbitration, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY, to the fullest extent permitted by law.
Exceptions. Either party may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies. In addition, either party may seek injunctive or other equitable relief in the courts identified in Section 15.4 to address urgent harm pending arbitration. Nothing in this Section prevents either party from reporting conduct to, or seeking relief from, any government agency.
16. Media Release and Privacy
WC may use any film or digital likeness taken of me, including, but not exclusive to, tagged photos on Instagram and posts with our indicated hashtags. They may also use any of my comments while on a WC tour as well as any project work for future publicity without compensation to me and also use my contact information for future WC promotions.
WC collects and uses personal information to process enrollment, operate its tours, and provide related services, and may share it with the suppliers, insurers, and partners needed to deliver the tour. WC’s handling of personal information is described in its Privacy Policy at https://www.worldclassrooms.com/privacy-policy, which is incorporated by reference into this Agreement and which I accept by enrolling.
17. Acknowledgment
By enrolling and making my deposit, I acknowledge that I have read and understood this Agreement, including the Release and Waiver (Section 3), the Assumption of Risk (Section 4), the Indemnification (Section 5), the Limitation of Liability (Section 6), the free-time and supervision acknowledgment (Section 9), the medical disclosure and fitness representations (Section 10), and the Dispute Resolution, Binding Arbitration, and Class Action Waiver (Section 15.5), and I agree to all of their conditions on my own behalf and, if applicable, on behalf of my minor child.