THIS HOST FAMILY AGREEMENT (this “Agreement”) is made on
this 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 in advance if any new members begin to reside in the household;
Criminal
background check must be completed prior to any new
member moving into residence if member is 18 years or
older and if international student is already residing in home
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 Host Family Agreement Page 2 of 4 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 a criminal background and sexual abuse history
check before the home interview; (a) AnB Education will
conduct annual background checks and home visiting
without prior notice or additional written consent, hereafter
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
Host Family will receive a monthly hosting reimbursement of $grade_id!=7&&$auth->grade_id!=8&&$auth->grade_id<20) readonly="readonly" @endif> 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”sshall 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
Host Family Agreement
Page 3 of 4
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
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.
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
Host Family Agreement
Page 4 of 4
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.
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:
*The Printed your name will be taken as your signature
*The Printed your name will be taken as your signature