THIS HOST FAMILY AGREEMENT (this “Agreement”) is made on
this day of , by and between Summa Global Education, a Pennsylvania non-profit corporation (hereinafter ““AnB Education”) and undersigned individual(s) (hereinafter the “Host Family”).
AnB
Education is a provider of various international student programs, whereby
foreign students from outside of the United States may be able to legally come
to and study in the United States (the “AnB
Education Program”) and, for and in consideration of mutual agreement,
terms and conditions, the parties hereto, intending to be legally bound hereby,
agree as follows:
1. Agreement to Serve as Host Family.
Host Family agrees to serve as
host family for one or more students in the AnB Education Program, as are
assigned from time to time by AnB Education on terms set forth herein. Nothing
herein requires that AnB Education assign a student to Host Family during the
term of this Agreement, such assignment and the start/end dates being in AnB
Education’s discretion.
This Agreement is contingent upon further express
written approval of the Host Family by AnB Education following investigation,
which shall be in the discretion of AnB Education. Execution hereof by AnB
Education does not constitute express written approval.
This Agreement does not create an employer-employee, agency, partnership or joint venture relationship
between Host Family and AnB Education.
Host Family shall not have any right,
power or authority to act for or on behalf of AnB Education, or to bind AnB
Education in any way or to enter into or sign any agreement or contract on AnB
Education’s behalf.
2. Term; Termination.
The term of this Agreement shall commence on the date of express
written approval by AnB Education of the Host Family, and shall continue for an
initial term of one (1) year from such date, unless terminated earlier as set
forth below.
This Agreement shall automatically renew from year to year without
notice, unless terminated as provided hereunder.
In the event this
Agreement is terminated, the obligations of the parties under this Agreement
shall terminate immediately (except for Host Family’s obligations provided in
Sections 2(b), 5(b), 6, 7 and 8 of this Agreement, which obligations shall
survive termination, and except as otherwise expressly provided herein), and
Host Family shall be entitled only to the reimbursement amounts accrued to the
effective date of termination.
This Agreement may be terminated as follows:
immediately by mutual agreement of
the parties without the consent of any other person;
by AnB Education for any or no reason, without any prior
written notice or demand; or
by
Host Family for any or no reason, with fourteen days (14) days prior written
notice to the AnB Education.
3.Duties and Responsibilities of Host Family.
During the term
of this Agreement, and in addition to other duties and responsibilities
elsewhere provided, with respect to each
student assigned to Host Family by AnB Education, Host Family agrees to:
pick the student up from the airport when he/she arrives, and escort the
student to the airport when he/she leaves;
provide a room with a proper bed
(neither convertible nor inflatable), access to the outside of the building in
case of emergencies, and storage for their personal belongings. F-1 (long-term
academic) students must have a private bedroom located on the first floor or
higher (no basement bedroom permitted);
provide a desk to be located in the
student’s bedroom which is conducive to their studies;
provide reasonable
access to working bathroom facilities with a door that locks;
provide three
healthy meals on non-school days and two healthy meals on school days (the
student will purchase their own school lunch);
treat the student as a
family member and invite them along for activities and outings;
discuss and
provide transportation as needed for school commute, after school program,
activities, shopping and medical visits including immunization;
discuss and set some basic household rules such as bedtime, computer
usage rules, etc.;
discuss and set clear rules regarding phone use
including the use of phone cards, calling hours, Skype, etc. The student must
be able to contact his or her parents;
have at least one host parent attend
each AnB Education orientation program;
submit a monthly report with at
least 2 photos to AnB Education relating the
student’s adjustment to school and family life;
immediately report all
school correspondence (reports, letters, disciplinary actions, etc.) to AnB
Education;
report monthly to local coordinator (“LC”)
regarding student’s adjustment to school and family life. Send 2 photos to LC
to be placed in monthly report;
provide a safe living environment;
notify AnB Education immediately if Host Family experiences any conflict with the
student;
notify AnB Education immediately if any member of the household is arrested or convicted of a crime;
notify AnB Education immediately if any new members begin to reside in the household;
strictly comply with the AnB Education program agreement as the same are from time to time amended by AnB Education in its discretion;
perform
other duties as are normally associated with the
position as host family;
Perform other duties as required from time to time by AnB Education ;
strictly comply with and observe all rules and
regulations of AnB Education now in effect or hereinafter adopted, all of which
are subject to change by AnB Education in its discretion, including but not
limited to:
all household members
aged 18 years or older must voluntarily submit to a criminal background and
sexual abuse history check, and an at-home interview;
Host Family must agree to accept the decisions made by AnB
Education regarding the student’s wellbeing. This includes decisions to move
the student to a new home at any time, with or without prior notice;
Host Family must notify AnB
Education of all overnight, out-of-state, and out-of-country trips with the
student at least 2 weeks in advance;
Host Family must not host more than one student at any time, without the
express prior written consent of AnB Education. Host Family must also contact AnB
Education if he, she or they are considering hosting a student from another
organization. AnB Education prohibits hosting more than one student at a time
without the express prior written consent of AnB Education;
AnB Education students and family
members may not have a joint bank account. A student’s bank
account is strictly for his or her own personal use;
Host Family may not contact the student’s natural parents or
the student’s home country’s exchange agency, without the express prior written
consent of AnB Education;
All
tutoring, either through the school or with a private tutor, will be arranged
through AnB Education. Please contact AnB Education if a student Host Family is
hosting for AnB Education needs tutoring; and
Host Family is required to accompany the student to all
clinic visits. This includes all necessary immunizations required by the school
and medical emergencies;
follow all host family rules and responsibilities
of the AnB Education program contained in the AnB Education program agreement, as the same are from time to time amended by AnB
Education in its discretion;
communicate with AnB Education exclusively
through AnB Education designated representative(s);
not communicate
directly with the student’s natural parents, permanent legal guardian or the
student’s home country’s exchange agency;
not discuss the hosting
reimbursement with the student or his/her parents as the amount dispensed is
agreed upon with their home country’s exchange agency before coming to AnB
Education ; and
strictly comply
with, perform and observe all terms, conditions and provisions of this
Agreement.
4.Student Responsibilities.
Host Family acknowledges that the assigned student will:
have his/her own traveler’s insurance;
pay the cost of incidentals such as uniforms, school supplies, and leisure activities;
discuss transportation with the Host Family in advance;
be respectful of household rules and daily chores;
provide the Host Family and AnB Education with all travel release forms, written permissions and documentation required by AnB Education for travel without the Host Family, at least two (2) weeks prior to the departure date;
not possess or use any drugs (including alcohol and tobacco products), pornographic material, weapons, or other illegal materials during their time in the AnB Education program; and
not drive any vehicle during his/her time in the AnB Education program, except however F-1 students may obtain a license and drive only with consent from their natural parents, the host family, and AnB Education.
5.Hosting Reimbursement and Refund Policies.
Host Family will
receive a monthly hosting reimbursement of $ per month while
hosting a student for AnB Education.
This monthly amount will be paid in
accordance with then-current AnB Education host family payment policies.
The first and last months’ reimbursement will be prorated as determined by the
number of days the student actually and physically resides with the Host Family
in those months, as determined by AnB Education in its discretion.
No reimbursement will be due to Host Family for any period that the student does
not actually and physically reside with AnB Education.
The hosting reimbursement is a flat amount and may end up being above or below Host
Family’s actual hosting costs and expenses within a given month.
This hosting reimbursement is a supplement only.
If the student moves out of Host Family
home early, Host Family will be required to provide upon request by AnB
Education a prorated refund of the hosting reimbursement to AnB Education if
Host Family has already received the reimbursement for that month.
6.Confidentiality/Restrictive Covenant.
“Confidential Information”shall mean any and all financial and non-financial information,
documents, technical or non-technical data, and other related data, of AnB Education, and/or of any company, business entity or
business owned, in whole or in part or controlled by AnB Education and/or by any owner, shareholder, member, director or officer of AnB
Education (hereinafter each of the aforesaid, including but not limited to AnB Education, are sometimes referred
to as “AnB Education Party” and
collectively as “AnB Education Parties”),
whether or not
reduced to writing, which information has not previously been released to the
general public with AnB Education’s authorization, including but not limited
information relating to any business, finances, financing, services,
operations, business plans, marketing, sales, pricing, billing, invoices,
employees, consultants, contractors, personnel, host families, schools,
students or other business matters of any AnB Education Party, in any way obtained
by Host Family as a result of its relationship with any AnB Education Party. All Confidential Information, regardless of media or location, and
other documents made or compiled or otherwise acquired by Host Family, are and
shall remain the sole property of the respective AnB
Education
Party.
All originals and copies thereof shall be delivered to AnB Education upon demand for whatever reason.
It is acknowledged that AnB Education Parties are entitled to the
protection of this Agreement because AnB Education
Parties expended
substantial resources toward developing a significant body of highly
confidential and proprietary business information which has enabled it to
establish a valuable and extensive trade of its services and products, and
which is critical to the ability of AnB Education Parties to compete in the
marketplace and that AnB Education Parties would suffer
immediate and irreparable injury if Host Family used, divulged communicated or
otherwise made use of or disclosed any Confidential Information for any
purpose.
Host Family agrees not to, at any time following the
date hereof, use in any way for his, her or their own account or the account of
any third party, divulge, disclose or communicate to any third party, or
otherwise make use of or disclose, or cause, permit or allow to be disclosed or
used, any Confidential Information, or make use of or disclose documents or
copies of documents containing Confidential Information or allow or assist
third parties in using or disclosing Confidential Information.
During the term of this Agreement and for a period of four (4) years
after the termination of this Agreement, Host Family agrees that he/she/they
shall not, without the express prior written approval of AnB Education:
host or negotiate to host any
then-current or former AnB Education student or
have any communication with any then-current or former AnB Education
student, any then-current or former AnB Education student’s parents, the
exchange agency in their home country or any person or entity other than AnB
Education, regarding a new contract for hosting the then-current or former AnB Education student. For purposes
of this Agreement the terms “former” AnB Education student mean any student
that was at any time enrolled in any AnB Education Program within a four (4)
year period prior thereto. This includes, but is not limited to, precluding the
hosting of the same student after this Agreement expires or is otherwise
terminated.
Host Family acknowledges that the covenant contained in this
Section are necessary for the protection of legitimate business interests of AnB Education; that the scope of this
covenant is reasonable in time, geography, and limitations of activities and is
supported by consideration.
Recognizing that irreparable damage will result to AnB Education Parties in the event of the breach or threatened breach of any of the
foregoing provisions, and that AnB Education Parties’ remedies at law
for any such breach or threatened breach will be inadequate, AnB Education Parties and its, his, her and their successors and assigns, in
addition to such other remedies which may be available to them, shall be
entitled to an equitable relief and injunction, including a mandatory
injunction, to be issued by any court of competent jurisdiction ordering
compliance with this Agreement or enjoining and restraining Host Family, and
each and every person, firm or company acting in concert or participation with
Host Family, from the continuation of such breach and, in addition thereto,
Host Family shall pay to the respective AnB Education Party all ascertainable
damages, including costs and reasonable attorneys’ fees, sustained by such AnB Education Party by reason of the breach or any breach of said covenants and
assurances, as well as any other damages, expenses, attorney’s fees and costs
in enforcing any rights hereunder and/or collecting any amounts payable
hereunder. The covenants and obligations set forth in this Agreement are in
addition to and not in lieu of or exclusive of any other obligations and duties
to any AnB Education Parties and whether express or implied
in fact or in law. If a final judicial determination is
made that any provision of this Section is an unenforceable restriction against
Host Family, the provisions hereof shall be rendered void only to the extent
that such judicial determination finds such provisions unenforceable, and such unenforceable
provisions shall automatically be reconstituted and become a part of this
Agreement, effective as of the date first written above, to the maximum extent
in favor of each of AnB Education Parties that is lawfully enforceable. A
judicial determination that any provision of this is unenforceable shall in no
instance render the entire Section unenforceable, but rather the Agreement will
continue in full force and effect absent any unenforceable provision to the
maximum extent permitted by law.
7.Indemnification.
In addition to as
elsewhere provided, Host Family agrees to indemnify and hold harmless any and
all AnB Education Parties, and his, her, its and their owners, directors,
officers, shareholders, members, attorneys, successors and assigns (hereinafter each is an “AnB Education Indemnified Party” for, from and against:
any breach of any representation or
warranty herein by Host Family, any breach or nonperformance of any agreement,
covenant, promise, or obligation herein by Host Family, or any nonfulfillment by
Host Party of any condition herein;
any claim made against any AnB Education Indemnified Party arising out of Host Family’s
performance of this Agreement;
and any and all liabilities, damages, consequential
damages, losses, costs, expenses (including all attorneys' fees and costs)
suffered or incurred by any AnB Education
Indemnified Party
incident to any of the foregoing, including but not limited to all legal fees
and expenses incurred in enforcing this
Agreement and/or in collecting amounts payable hereunder.
In the event of any
breach of any representation or warranty herein by Host Family, any breach or
nonperformance of any agreement, covenant, promise, or obligation herein by
Host Family, or any nonfulfillment by Host Party of any condition herein, an AnB Education Indemnified Party shall be entitled to, at
its option and election, liquidated money damages for each such breach or
nonfulfillment in the amount of Ten Thousand Dollars ($10,000.00) plus return
of all amounts paid by any AnB Education
Indemnified Party to Host Family hereunder, in addition to any equitable and/or
injunctive relief and/or expenses actually incurred by any AnB
Education Indemnified Party in connection with enforcing this
Agreement and/or collecting amounts payable hereunder (including all attorneys'
fees and costs).
8.Miscellaneous Provisions.
The obligations and liabilities
of Host Family hereunder are and shall be the joint and several obligations and
liabilities of and every person signing below as Host Family.
This
Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
The exclusive jurisdiction over any disputes or proceeding arising of this
Agreement shall be in the state and federal courts Montgomery County,
Pennsylvania or Southeastern Pennsylvania, except that any AnB Education Party
may commence any action to enforce the terms of this Agreement or collect amounts
due under or in connection with this Agreement in any other jurisdiction.
Nothing herein precludes transfer of any judgment lawfully obtained hereunder
to any other jurisdiction.
This Agreement embodies the entire agreement of
the parties hereto in respect to the subject matter contained herein.
No
amendment or modification of this Agreement shall be valid unless it is in
writing and signed by all parties hereto.
This Agreement shall be binding
upon and inure to the benefit of the parties hereto and to their respective
heirs, executors, administrators, successors, and assigns. This Agreement shall
also inure to the benefit of and be enforceable by any or all AnB Education
Parties and their respective heirs, executors, administrators, legal
representatives, successors, and assigns.
AnB Education may assign this
Agreement, in whole or in part, without consent of Host Family. Host Family may
not assign this Agreement, in whole or in party, without express prior written
consent of AnB Education.
If any term or provision of the Agreement shall
be invalid, illegal or unenforceable, such provision shall be deemed to have
been modified to the extent necessary to make it valid, legal, and enforceable
and the validity, legality, and enforceability of any other term shall not in
any way be affected or impaired thereby.
The use of singular shall be
deemed to include the plural and vice versa. The use of any word indicating
masculine, feminine, or neuter gender shall be deemed to include the other
genders as well.
Sections, 2(b), 5(b), 6, 7 and 8 of this Agreement shall
survive termination of this Agreement.
Notwithstanding anything to the contrary herein, the sole remedy of Host
Family in the event of any default by AnB Education hereunder shall be to terminate this
Agreement and receive payment of all reimbursement amounts accrued through the
effective date of such termination. AnB Education shall not be liable to the Host Family for any further damages of any
kind, resulting from or in connection with any such default. (l) All
notices must be given in writing and may be delivered by mail, fax or email to
the address set forth herein, or to such other address, fax number or email as
the party to be notified previously notifies the other party in writing: as to
Host Family, at the address set forth below signature of Host Family; and as to
AnB Education: Summa Global Education, 290 Pennbrook Parkway, Lansdale, PA
19446, c/o Charles Yun, Fax No. 855-277-6562; Email: charlesyun@anbeducation.com.
IN WITNESS THEREOF, the parties hereto, intending to be legally bound hereby, have
caused this Host Family Agreement to be duly executed on the above date.
Host Family:
Summa Global Education:
Mila Yoon, Program Director
* Please attach a copy of your driver’s license and, if applicable,
criminal record & child abuse history