SEAGULL INSTITUTE PARTICIPANT AGREEMENT (IN PERSON PROGRAM)
This Agreement is made and entered into as of this day between Seagull Transformation, Inc., dba Seagull Institute (“Seagull”), and the Participant.
Recitals
1. Seagull is an Illinois corporation which is engaged in the business of organizing international educational programs online and in person.
2. In particular, Seagull trains professionals, entrepreneurs and university students. We carry out our mission through trainings, conferences, seminars and intercultural educational immersion experiences, online or in person in the cities of Chicago (United States), Montreal (Canada), Dublin (Ireland), Amsterdam (Netherlands) and Paris (France).
3. The educational program contemplated under this Agreement will hereinafter be referred to as the “Program”. Individuals who are participating in the Program will hereinafter be referred to as “Participants”.
4. The list of activities and itinerary which make up the Program for the Participant will be provided to the Participant.
5. The parties wish to set forth the terms which govern the services to be provided by Seagull in this Agreement.
Accordingly, in consideration of the mutual covenants, conditions and promises herein, the parties agree as follows:
Agreement
1. Work Product.
Organization's Work Product: The Participant acknowledges that any and all work products, materials, inventions, innovations, improvements, designs, works of authorship, and other outputs created by the Participant in the course of the Program under the direct instruction, resources, or specific assignment of [Organization Name] ("Organization's Work Product") shall be the exclusive property of the Organization. Upon request, the Participant agrees to execute any and all documents required to confirm or perfect the exclusive ownership of the Organization to the Organization's Work Product.
Exclusion of Student's Independent Work: Notwithstanding the above, [Organization Name] acknowledges and agrees that any work product, materials, inventions, innovations, improvements, designs, works of authorship, and other outputs created by the Participant independently and not as a direct result of specific assignments, resources provided by, or instructions from the Organization during the Program ("Student's Independent Work") shall remain the exclusive property of the Participant. The Organization claims no ownership rights over the Student's Independent Work. The Participant is encouraged, but not required, to notify the Organization of any such Student's Independent Work to avoid potential disputes regarding the nature of the work.
Collaborative Works: In the event that a work product is created collaboratively by Participants and/or between Participants and the Organization, and it cannot be clearly distinguished as either Organization's Work Product or Student's Independent Work, such work shall be subject to a separate agreement to be negotiated in good faith by the parties involved to establish ownership, rights, and any revenue-sharing arrangements.
Confidentiality and Use: All parties agree to maintain the confidentiality of proprietary information and to use the work products, materials, and intellectual property only in a manner that is consistent with the permissions granted under this agreement.
2. Use of Images.
If the Participant uses images or pictures taken by or on behalf of Seagull, in any public communication or media or social media site, it shall give credit to Seagull with respect to the image or picture in question.
3. Use of Name, Logo.
The Participant may use the Seagull name and logo for the limited purpose of promoting the Program, only after it has: (a) submitted the promotional material to Seagull for its review; and (b) received Seagull’s approval in writing for the proposed use of the material. The Participant may also include the Seagull logo and link on the Participant’s website after it has received Seagull’s written approval for such use.
4. Non-Responsibility for Errors.
Seagull is not responsible for typographical or printing errors with respect to the information it provides to Participants, including but not limited to pricing information.
5. Participants Evaluations and Conduct.
The Participants agree to conform to standards of conduct consistent with the positive reputation of Seagull, and to conform to all applicable rules, regulations and policies.
Seagull reserves the right to decline acceptance or retention of any Participant in the Program if Seagull determines that such person’s presence or conduct is: (a) detrimental to the enjoyment of the Program by others; (b) dangerous to the individual or others; (c) detrimental to the positive reputation of Seagull (d) violative of Seagull’s rules and regulations; (e) in violation of any laws applicable in the visited country and/or state or (f) for any other reason in its sole discretion
Before the Program.
Seagull reserves the right to evaluate Participants in order to join the program. After this evaluation and in the event that Seagull determines that the participant doesn’t meet the program academic standards or that the Participant behavior may be detrimental to the best interests of the Program, Seagull will raise such concerns to the University Client Representative and may not accept the Participant in the Program.
During the Program.
In the event that Seagull determines that the conduct or academic standards of any Participants are detrimental to the best interests of the Program, Seagull may terminate the participation of such individuals after raising such concerns to University Client Representative. As a first step, University Client Representative shall address the Participant’s behavior pursuant to Seagull’s policies and procedures. However Seagull may terminate, in its reasonable discretion, the participation of such individuals upon notice to University Client Representative for the reasons discussed in this Section.
Participants who have been removed from the Program for the reasons discussed in this Section waive the right to a refund of any part of the fee. Seagull may send such Participant home at the Participant’s own expense.
6. Liability.
The Participant understands that there are dangers, hazards, and risks inherent in international travel, living in a foreign country, and the activities included in the Program, included but not limited to air, land and sea travel, dietary differences, differences in legal expectations and protection, building code and other safety differences, any one of which could result in serious or even fatal injuries and property damage.
Participant hereby agrees to waive and release any and all rights, claims and causes of action you have or may have against Seagull that may arise as a result of your participation in the Program; and agrees to indemnify, defend, and hold harmless Seagull from and against any and all injuries, losses, causes of action, liabilities, damages, expenses (including attorney's fees and court costs) or claims (collectively, "Claims") that might arise directly or indirectly from your participation in the Program and/or the condition of the property, facilities or equipment used for the Program, regardless of when such Claim may arise including, without limitation, Claims relating to (i) theft, loss or disappearance of property, (ii) bodily injury (including fatality), and (iii) property damage, for all claims and losses (including attorney's fees and court costs), which may be brought against any one or more of them by anyone claiming to have been injured or otherwise to have suffered loss or damage as a result of your participation in the Program.
7. Privacy Policy.
Seagull recognizes the importance of protecting the privacy of the Participant’s personal information, and has prepared this Privacy Policy to provide the Participant with important information about privacy practices. This Privacy Policy applies when a Participant uses any website, mobile, or tablet application or other online service that references this Privacy Policy (collectively, the “Services”).
This Privacy Policy explains what personal data Seagull collects as part of the Services and the purpose for that collection. It also explains how Seagull uses your personal data and Participant choices about that use. By visiting the Services or submitting your personal data, you consent to the practices described in this Privacy Policy.
7.1. Seagull Institute Use of Images. The Participant hereby agrees that Seagull has full permission to take, store, use, reproduce and/or resell the image or likeness of the Participant by any audio and/or visual recording technique (including but not limited to electronic/digital techniques) for any legitimate purpose, including commercial sales and marketing purposes. The Participant understands and agrees that Seagull may take photographic and video images of the Participant(s), to be used for promotional purposes.
7.2. Information We Collect. We may collect personal information about our users in various ways. For example, we may collect information that you provide to us, information that we collect through your use of the Services, and information that we collect from publicly available sources or third parties.
7.2.1. Information You Provide to Us. In order to take advantage of the Services or features offered or provided by Seagull, you may be asked to provide personal information. For example, we may collect your name, e-mail address, mailing address, phone number, date of birth and other demographic information.
7.2.2. Information About Use of the Services. In addition to the information you provide to us, we may collect information about your use of the Services.
7.2.3. Information From Third-Party Sources. We may receive information about you from publicly and commercially available sources, as permitted by law, which we may combine with other information we receive from or about you. For example, we may receive information about you from a social media site if you connect to the Services through that site.
7.3. How We Use Information.
7.3.1. To Provide You Access to the Services and Manage Your Requests on the Services. To contribute and participate in the Program we require your information for basic Program functions.
7.3.2. To Better Understand Our Participants. We may use information we gather to determine which areas of the Services are most frequently visited to understand how to enhance the Services.
7.3.3. To Protect the Rights of the Services and Others. We may use your personal information as we believe is necessary or appropriate to protect, enforce, or defend the legal rights, privacy, safety, or property of the Services, our employees or agents, or other users and to comply with applicable law.
7.4. Sharing With Third Parties. We may disclose your personal information to the following third parties:
7.4.1. Educational Affiliates (i.e. Teachers/Speakers, etc..). We may share information with our educational affiliates for the purpose of providing you the information you seek. These entities are expected to protect the confidentiality, integrity, and security of any information we share with them.
7.4.2. Service Providers. We may use service providers to perform a variety of services for Seagull. As a result, we may share your personal information with those businesses for the limited purpose of performing those services.
7.4.3. Other Parties When Required by Law or As Necessary to Protect Our Services. There may also be occasion for Seagull to disclose your personal data to third parties if it believes, in its sole discretion, that such disclosure is required by law, is necessary to enforce its user agreement or privacy policy, or in connection with a sale or transfer of some or all of the assets in Seagull.
7.4.4. Online Tracking. We may use cookies, web beacons, and similar tracking technologies to facilitate administration and navigation on the Services, to better understand and improve the Services, and to provide you with a customized online experience.
7.5. Cookies. A cookie is a string of information that is sent by a Web site and stored on your hard drive or temporarily in your computer’s memory. We may employ cookie technology to help you move faster through our Services. We may employ cookie technology to estimate our total audience size and traffic and to help us improve the Services’ experience by measuring which areas are of greatest interest to users. You can turn off the ability to receive any of these cookies by adjusting the browser in your computer, but you should note that if you do so, this may materially affect the functionality of the Services and the information you can access through them. Information about prohibiting the collection of cookies is set out below. If you wish to find out more about cookies, please visit the Interactive Advertising Bureau’s website.
Prohibiting the collection of cookies. If you would like to prevent Seagull from collecting cookies when you visit our site, please update the privacy setting in your chosen web browser. You can directly control cookie acceptance from there: Google Chrome, Mozilla Firefox, Internet Explorer, Google Analytics
7.6. Links to Other Websites. We may make content or services on other websites including our co-branded websites, or other Seagull social media or managed educational institutions. These other websites are not subject to this Privacy Policy. We recommend that you review the Privacy Policy at each such website to determine how that site protects your privacy.
7.7. Transfer of Data Outside of Your Home Country. Your information may be stored, processed and accessed in the United States or any other countries where Seagull and our affiliates have facilities. By using the Services, you consent to the collection, transfer, storage, and processing of information outside your country. If you are located in the EU and applicable law specifies relevant legal grounds for processing personal data, the legal grounds for our processing activities are to perform our contract(s) with you; to meet our legal obligations; and for our legitimate business purposes, including to improve our operation and Services and to detect and prevent fraud. We rely on your consent to send your personal information to our affiliated or managed educational institutions so that they may send you direct marketing messages about educational offerings and related services. Please see the “Your Ability To Choose” section below for more information on how to withdraw your consent at any time. You may lodge a complaint with a supervisory authority if you consider that our processing of your personal information infringes applicable law.
7.8. Your Ability To Update. Access, Update, or Correct Information and Other Data Subject Rights. You may have certain rights as a data subject under local law. For example, you may have the right to access, update, or correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law, or the right to data portability. If you would like to access, review, or update your information or otherwise exercise your rights, please contact us at studentservices@seagullinstitute.com
7.9. Security. We have adopted technical, and administrative safeguards to help protect against theft, loss, misuse, and unauthorized access to or disclosure of the information we collect and receive. However, please note that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we are concerned with the security of your personal data and strive to protect your information and privacy, we cannot and do not guarantee the security of any information you disclose or transmit to our Services and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information, or any other disclosures out of our control.
8. Travel Responsibility.
In the absence of a specific agreement between the parties to the contrary, Seagull will not be responsible for air travel or other transportation by common carrier to the beginning point of the Program, or travel from the final destination of the Program. The travel from the relevant airport to the starting point of the Program, and the travel from the Program’s final destination to the pertinent airport, will normally be arranged by the Participant, based on the Program.
9. Age Requirement.
The Seagull Programs are open to everyone aged 18 years and over.
10. Minimum Number.
Each Program requires a minimum number of Participants, which will be determined by Seagull in its sole discretion. If that number is not reached, the Program will be cancelled, rescheduled or merged with other Programs. A Participant will be notified in the event it is necessary to cancel, reschedule or merge a Program. Participants should not purchase their flight tickets before receiving confirmation that the Program will take place, once the minimum number of Participants is reached.
11. ESTA.
For Programs taking place in the U.S. Seagull’s Programs are designed to enable Participants to enter the United States under the ESTA Program (a form of visiting visa program). Students from non-ESTA countries should contact Seagull. More information regarding ESTA Program countries can be found at: http://www.esta.us/visa_waiver_countries.html.
12. Chaperons.
The Participant will be responsible for his or her own behavior, during the travel and events encompassed by the Program, although he or she will be subject to direction by Seagull if called for. There may be chaperons who will accompany the student Participants in the course of the Program.
13. Insurance Responsibility.
Chaperons and Participants must obtain health and liability insurance coverage in order to have such protection relating to their participation in the Program. For example, health care costs can be quite expensive in the United States. The failure to have health insurance in effect for the Program could result in liability for substantial expenses for chaperons and Participants who do not have health insurance. Seagull is not responsible for health insurance or health expenses for chaperons and Participants while they are involved in the Program.
14. Housing.
To the extent that Seagull is to provide housing for the Participant during the Program, Seagull may provide leased housing from a college or university which is located in the vicinity of the Program’s events. Such housing may include the amenities and facilities typically associated with student housing. For example, such housing may include apartments with shared bedrooms, appliances, furniture, fixtures and mailboxes, and common areas.
15. Late Arrival.
In the event that a Participant misses a flight or otherwise fails to arrive on time for the beginning of the Program, Seagull will allow such Participant to join the Program if: (a) such Participant takes steps as quickly as possible to do so; and (2) no more than twenty-five percent (25%) of the Program, in terms of time, has elapsed. In no event will such latecomer, or the Participant with which he or she is associated, receive a reduction or refund of fees.
16. Standard of Service.
Seagull shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, employing knowledge and recommendations for the performance of such services which meet generally acceptable standards in Seagull’s community and region. Seagull will satisfy a standard of care equal to, or superior than, that of similar service providers in Seagull’s community and region working on similar projects.
17. Material Breach.
The occurrence of any of the following shall constitute a material breach of this Agreement:
18. Default.
In addition to any and all other rights a party may have under the applicable law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including but not limited to that failure to make a monetary payment when due), the other party may terminate this Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving this notice shall have fourteen (14) days from the effective date of such notice to cure such default. Unless waived in writing by the party providing the notice of default, the failure to cure the default within such time period shall result in the automatic termination of the Agreement.
19. Force Majeure.
If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with as a result of causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, but not be limited to, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or national emergencies, insurrections, riots, wars, terrorist attacks, strikes, lockouts, or other work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
20. COVID-19 Liability
Participant agrees and acknowledges that participation in the program may involve inherent danger and risk, including, without limitation, the risk of exposure to, and/or illness resulting from, the novel coronavirus (“COVID-19”), and participant knowingly and voluntarily assume all such risks and releases Seagull Institute and the venue where participant is participating in the program from any liability whatsoever. If a participant develops any COVID-19 symptoms or has a suspected or diagnosed case of COVID-19, the participant agrees they will not attend or participate in any program activities. Participants agree to notify Seagull Institute immediately if they believe they are experiencing any symptoms of COVID-19 and/or have a suspected or diagnosed case of COVID-19. Participants agree to comply with all safety protocols that have been or will be implemented by Seagull Institute.
21. Dispute Resolution
Each of Seagull and Client will appoint a party representative. Seagull’s party representative will be Jonathan Broutin. Each party may change the party representative upon notice to the other party as set forth in Section 32 hereof. In the event of a dispute under this Agreement, the party representatives will meet and discuss the dispute and attempt to resolve the dispute in good faith it being the intention of the parties that each would like to avoid litigation or formal arbitration. In the event the party representatives are unable to resolve the dispute using best efforts for 30 days or such longer period of time as they may agree upon, parties shall be free to pursue litigation or, if mutually agreed upon, formal arbitration. the parties agree that any controversy or claim arising out of or relating to this contract, or the breach thereof, will be settled by arbitration conducted in Chicago, Illinois, and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof
22. Entire Agreement.
This constitutes the entire agreement between the parties and is not to be modified or amended by any prior or contemporaneous agreement, whether written or oral.
23. Captions.
The captions for individual Paragraphs of this Agreement are inserted for organizational purposes only. They are not intended to modify or alter the substance of the provisions contained in the Paragraphs.
24. Counterparts.
This agreement may be executed in counterparts, with the same effectiveness and enforceability as if one copy had been executed by all parties
25. Effect of Invalid Provision.
In the event that any one or more of the provisions of this Agreement are determined to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining provisions of the Agreement.
26. Governing Law.
Any claim relating to Seagull (DBA), Seagull Transformation, Inc.'s shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.
27. Notice Requirements.
Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by a reputable overnight delivery service, or mailed by certified mail, to the address set forth in the opening paragraph of this Agreement or to such other address as either party may have furnished to the other in writing.
28. Opportunity To Read.
The parties hereto represent that they have had ample opportunity to read and understand the provisions of this Agreement.
If you have questions, please email us at studentservices@seagullinstitute.com.
Recitals
1. Seagull is an Illinois corporation which is engaged in the business of organizing international educational programs online and in person.
2. In particular, Seagull trains professionals, entrepreneurs and university students. We carry out our mission through trainings, conferences, seminars and intercultural educational immersion experiences, online or in person in the cities of Chicago (United States), Montreal (Canada), Dublin (Ireland), Amsterdam (Netherlands) and Paris (France).
3. The educational program contemplated under this Agreement will hereinafter be referred to as the “Program”. Individuals who are participating in the Program will hereinafter be referred to as “Participants”.
4. The list of activities and itinerary which make up the Program for the Participant will be provided to the Participant.
5. The parties wish to set forth the terms which govern the services to be provided by Seagull in this Agreement.
Accordingly, in consideration of the mutual covenants, conditions and promises herein, the parties agree as follows:
Agreement
1. Work Product.
Organization's Work Product: The Participant acknowledges that any and all work products, materials, inventions, innovations, improvements, designs, works of authorship, and other outputs created by the Participant in the course of the Program under the direct instruction, resources, or specific assignment of [Organization Name] ("Organization's Work Product") shall be the exclusive property of the Organization. Upon request, the Participant agrees to execute any and all documents required to confirm or perfect the exclusive ownership of the Organization to the Organization's Work Product.
Exclusion of Student's Independent Work: Notwithstanding the above, [Organization Name] acknowledges and agrees that any work product, materials, inventions, innovations, improvements, designs, works of authorship, and other outputs created by the Participant independently and not as a direct result of specific assignments, resources provided by, or instructions from the Organization during the Program ("Student's Independent Work") shall remain the exclusive property of the Participant. The Organization claims no ownership rights over the Student's Independent Work. The Participant is encouraged, but not required, to notify the Organization of any such Student's Independent Work to avoid potential disputes regarding the nature of the work.
Collaborative Works: In the event that a work product is created collaboratively by Participants and/or between Participants and the Organization, and it cannot be clearly distinguished as either Organization's Work Product or Student's Independent Work, such work shall be subject to a separate agreement to be negotiated in good faith by the parties involved to establish ownership, rights, and any revenue-sharing arrangements.
Confidentiality and Use: All parties agree to maintain the confidentiality of proprietary information and to use the work products, materials, and intellectual property only in a manner that is consistent with the permissions granted under this agreement.
2. Use of Images.
If the Participant uses images or pictures taken by or on behalf of Seagull, in any public communication or media or social media site, it shall give credit to Seagull with respect to the image or picture in question.
3. Use of Name, Logo.
The Participant may use the Seagull name and logo for the limited purpose of promoting the Program, only after it has: (a) submitted the promotional material to Seagull for its review; and (b) received Seagull’s approval in writing for the proposed use of the material. The Participant may also include the Seagull logo and link on the Participant’s website after it has received Seagull’s written approval for such use.
4. Non-Responsibility for Errors.
Seagull is not responsible for typographical or printing errors with respect to the information it provides to Participants, including but not limited to pricing information.
5. Participants Evaluations and Conduct.
The Participants agree to conform to standards of conduct consistent with the positive reputation of Seagull, and to conform to all applicable rules, regulations and policies.
Seagull reserves the right to decline acceptance or retention of any Participant in the Program if Seagull determines that such person’s presence or conduct is: (a) detrimental to the enjoyment of the Program by others; (b) dangerous to the individual or others; (c) detrimental to the positive reputation of Seagull (d) violative of Seagull’s rules and regulations; (e) in violation of any laws applicable in the visited country and/or state or (f) for any other reason in its sole discretion
Before the Program.
Seagull reserves the right to evaluate Participants in order to join the program. After this evaluation and in the event that Seagull determines that the participant doesn’t meet the program academic standards or that the Participant behavior may be detrimental to the best interests of the Program, Seagull will raise such concerns to the University Client Representative and may not accept the Participant in the Program.
During the Program.
In the event that Seagull determines that the conduct or academic standards of any Participants are detrimental to the best interests of the Program, Seagull may terminate the participation of such individuals after raising such concerns to University Client Representative. As a first step, University Client Representative shall address the Participant’s behavior pursuant to Seagull’s policies and procedures. However Seagull may terminate, in its reasonable discretion, the participation of such individuals upon notice to University Client Representative for the reasons discussed in this Section.
Participants who have been removed from the Program for the reasons discussed in this Section waive the right to a refund of any part of the fee. Seagull may send such Participant home at the Participant’s own expense.
6. Liability.
The Participant understands that there are dangers, hazards, and risks inherent in international travel, living in a foreign country, and the activities included in the Program, included but not limited to air, land and sea travel, dietary differences, differences in legal expectations and protection, building code and other safety differences, any one of which could result in serious or even fatal injuries and property damage.
Participant hereby agrees to waive and release any and all rights, claims and causes of action you have or may have against Seagull that may arise as a result of your participation in the Program; and agrees to indemnify, defend, and hold harmless Seagull from and against any and all injuries, losses, causes of action, liabilities, damages, expenses (including attorney's fees and court costs) or claims (collectively, "Claims") that might arise directly or indirectly from your participation in the Program and/or the condition of the property, facilities or equipment used for the Program, regardless of when such Claim may arise including, without limitation, Claims relating to (i) theft, loss or disappearance of property, (ii) bodily injury (including fatality), and (iii) property damage, for all claims and losses (including attorney's fees and court costs), which may be brought against any one or more of them by anyone claiming to have been injured or otherwise to have suffered loss or damage as a result of your participation in the Program.
7. Privacy Policy.
Seagull recognizes the importance of protecting the privacy of the Participant’s personal information, and has prepared this Privacy Policy to provide the Participant with important information about privacy practices. This Privacy Policy applies when a Participant uses any website, mobile, or tablet application or other online service that references this Privacy Policy (collectively, the “Services”).
This Privacy Policy explains what personal data Seagull collects as part of the Services and the purpose for that collection. It also explains how Seagull uses your personal data and Participant choices about that use. By visiting the Services or submitting your personal data, you consent to the practices described in this Privacy Policy.
7.1. Seagull Institute Use of Images. The Participant hereby agrees that Seagull has full permission to take, store, use, reproduce and/or resell the image or likeness of the Participant by any audio and/or visual recording technique (including but not limited to electronic/digital techniques) for any legitimate purpose, including commercial sales and marketing purposes. The Participant understands and agrees that Seagull may take photographic and video images of the Participant(s), to be used for promotional purposes.
7.2. Information We Collect. We may collect personal information about our users in various ways. For example, we may collect information that you provide to us, information that we collect through your use of the Services, and information that we collect from publicly available sources or third parties.
7.2.1. Information You Provide to Us. In order to take advantage of the Services or features offered or provided by Seagull, you may be asked to provide personal information. For example, we may collect your name, e-mail address, mailing address, phone number, date of birth and other demographic information.
7.2.2. Information About Use of the Services. In addition to the information you provide to us, we may collect information about your use of the Services.
7.2.3. Information From Third-Party Sources. We may receive information about you from publicly and commercially available sources, as permitted by law, which we may combine with other information we receive from or about you. For example, we may receive information about you from a social media site if you connect to the Services through that site.
7.3. How We Use Information.
7.3.1. To Provide You Access to the Services and Manage Your Requests on the Services. To contribute and participate in the Program we require your information for basic Program functions.
7.3.2. To Better Understand Our Participants. We may use information we gather to determine which areas of the Services are most frequently visited to understand how to enhance the Services.
7.3.3. To Protect the Rights of the Services and Others. We may use your personal information as we believe is necessary or appropriate to protect, enforce, or defend the legal rights, privacy, safety, or property of the Services, our employees or agents, or other users and to comply with applicable law.
7.4. Sharing With Third Parties. We may disclose your personal information to the following third parties:
7.4.1. Educational Affiliates (i.e. Teachers/Speakers, etc..). We may share information with our educational affiliates for the purpose of providing you the information you seek. These entities are expected to protect the confidentiality, integrity, and security of any information we share with them.
7.4.2. Service Providers. We may use service providers to perform a variety of services for Seagull. As a result, we may share your personal information with those businesses for the limited purpose of performing those services.
7.4.3. Other Parties When Required by Law or As Necessary to Protect Our Services. There may also be occasion for Seagull to disclose your personal data to third parties if it believes, in its sole discretion, that such disclosure is required by law, is necessary to enforce its user agreement or privacy policy, or in connection with a sale or transfer of some or all of the assets in Seagull.
7.4.4. Online Tracking. We may use cookies, web beacons, and similar tracking technologies to facilitate administration and navigation on the Services, to better understand and improve the Services, and to provide you with a customized online experience.
7.5. Cookies. A cookie is a string of information that is sent by a Web site and stored on your hard drive or temporarily in your computer’s memory. We may employ cookie technology to help you move faster through our Services. We may employ cookie technology to estimate our total audience size and traffic and to help us improve the Services’ experience by measuring which areas are of greatest interest to users. You can turn off the ability to receive any of these cookies by adjusting the browser in your computer, but you should note that if you do so, this may materially affect the functionality of the Services and the information you can access through them. Information about prohibiting the collection of cookies is set out below. If you wish to find out more about cookies, please visit the Interactive Advertising Bureau’s website.
Prohibiting the collection of cookies. If you would like to prevent Seagull from collecting cookies when you visit our site, please update the privacy setting in your chosen web browser. You can directly control cookie acceptance from there: Google Chrome, Mozilla Firefox, Internet Explorer, Google Analytics
7.6. Links to Other Websites. We may make content or services on other websites including our co-branded websites, or other Seagull social media or managed educational institutions. These other websites are not subject to this Privacy Policy. We recommend that you review the Privacy Policy at each such website to determine how that site protects your privacy.
7.7. Transfer of Data Outside of Your Home Country. Your information may be stored, processed and accessed in the United States or any other countries where Seagull and our affiliates have facilities. By using the Services, you consent to the collection, transfer, storage, and processing of information outside your country. If you are located in the EU and applicable law specifies relevant legal grounds for processing personal data, the legal grounds for our processing activities are to perform our contract(s) with you; to meet our legal obligations; and for our legitimate business purposes, including to improve our operation and Services and to detect and prevent fraud. We rely on your consent to send your personal information to our affiliated or managed educational institutions so that they may send you direct marketing messages about educational offerings and related services. Please see the “Your Ability To Choose” section below for more information on how to withdraw your consent at any time. You may lodge a complaint with a supervisory authority if you consider that our processing of your personal information infringes applicable law.
7.8. Your Ability To Update. Access, Update, or Correct Information and Other Data Subject Rights. You may have certain rights as a data subject under local law. For example, you may have the right to access, update, or correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law, or the right to data portability. If you would like to access, review, or update your information or otherwise exercise your rights, please contact us at studentservices@seagullinstitute.com
7.9. Security. We have adopted technical, and administrative safeguards to help protect against theft, loss, misuse, and unauthorized access to or disclosure of the information we collect and receive. However, please note that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we are concerned with the security of your personal data and strive to protect your information and privacy, we cannot and do not guarantee the security of any information you disclose or transmit to our Services and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information, or any other disclosures out of our control.
8. Travel Responsibility.
In the absence of a specific agreement between the parties to the contrary, Seagull will not be responsible for air travel or other transportation by common carrier to the beginning point of the Program, or travel from the final destination of the Program. The travel from the relevant airport to the starting point of the Program, and the travel from the Program’s final destination to the pertinent airport, will normally be arranged by the Participant, based on the Program.
9. Age Requirement.
The Seagull Programs are open to everyone aged 18 years and over.
10. Minimum Number.
Each Program requires a minimum number of Participants, which will be determined by Seagull in its sole discretion. If that number is not reached, the Program will be cancelled, rescheduled or merged with other Programs. A Participant will be notified in the event it is necessary to cancel, reschedule or merge a Program. Participants should not purchase their flight tickets before receiving confirmation that the Program will take place, once the minimum number of Participants is reached.
11. ESTA.
For Programs taking place in the U.S. Seagull’s Programs are designed to enable Participants to enter the United States under the ESTA Program (a form of visiting visa program). Students from non-ESTA countries should contact Seagull. More information regarding ESTA Program countries can be found at: http://www.esta.us/visa_waiver_countries.html.
12. Chaperons.
The Participant will be responsible for his or her own behavior, during the travel and events encompassed by the Program, although he or she will be subject to direction by Seagull if called for. There may be chaperons who will accompany the student Participants in the course of the Program.
13. Insurance Responsibility.
Chaperons and Participants must obtain health and liability insurance coverage in order to have such protection relating to their participation in the Program. For example, health care costs can be quite expensive in the United States. The failure to have health insurance in effect for the Program could result in liability for substantial expenses for chaperons and Participants who do not have health insurance. Seagull is not responsible for health insurance or health expenses for chaperons and Participants while they are involved in the Program.
14. Housing.
To the extent that Seagull is to provide housing for the Participant during the Program, Seagull may provide leased housing from a college or university which is located in the vicinity of the Program’s events. Such housing may include the amenities and facilities typically associated with student housing. For example, such housing may include apartments with shared bedrooms, appliances, furniture, fixtures and mailboxes, and common areas.
15. Late Arrival.
In the event that a Participant misses a flight or otherwise fails to arrive on time for the beginning of the Program, Seagull will allow such Participant to join the Program if: (a) such Participant takes steps as quickly as possible to do so; and (2) no more than twenty-five percent (25%) of the Program, in terms of time, has elapsed. In no event will such latecomer, or the Participant with which he or she is associated, receive a reduction or refund of fees.
16. Standard of Service.
Seagull shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, employing knowledge and recommendations for the performance of such services which meet generally acceptable standards in Seagull’s community and region. Seagull will satisfy a standard of care equal to, or superior than, that of similar service providers in Seagull’s community and region working on similar projects.
17. Material Breach.
The occurrence of any of the following shall constitute a material breach of this Agreement:
- The failure of the Participant to make a required payment when due.
- The insolvency or bankruptcy of either party.
- The subjection of either party’s property (or a substantial portion thereof) to a levy, seizure, general assignment for the benefit of creditors, or an execution by any creditor or government agency.
- The failure to provide a substantial portion of the services called for under this Agreement.
18. Default.
In addition to any and all other rights a party may have under the applicable law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including but not limited to that failure to make a monetary payment when due), the other party may terminate this Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving this notice shall have fourteen (14) days from the effective date of such notice to cure such default. Unless waived in writing by the party providing the notice of default, the failure to cure the default within such time period shall result in the automatic termination of the Agreement.
19. Force Majeure.
If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with as a result of causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, but not be limited to, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or national emergencies, insurrections, riots, wars, terrorist attacks, strikes, lockouts, or other work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
20. COVID-19 Liability
Participant agrees and acknowledges that participation in the program may involve inherent danger and risk, including, without limitation, the risk of exposure to, and/or illness resulting from, the novel coronavirus (“COVID-19”), and participant knowingly and voluntarily assume all such risks and releases Seagull Institute and the venue where participant is participating in the program from any liability whatsoever. If a participant develops any COVID-19 symptoms or has a suspected or diagnosed case of COVID-19, the participant agrees they will not attend or participate in any program activities. Participants agree to notify Seagull Institute immediately if they believe they are experiencing any symptoms of COVID-19 and/or have a suspected or diagnosed case of COVID-19. Participants agree to comply with all safety protocols that have been or will be implemented by Seagull Institute.
21. Dispute Resolution
Each of Seagull and Client will appoint a party representative. Seagull’s party representative will be Jonathan Broutin. Each party may change the party representative upon notice to the other party as set forth in Section 32 hereof. In the event of a dispute under this Agreement, the party representatives will meet and discuss the dispute and attempt to resolve the dispute in good faith it being the intention of the parties that each would like to avoid litigation or formal arbitration. In the event the party representatives are unable to resolve the dispute using best efforts for 30 days or such longer period of time as they may agree upon, parties shall be free to pursue litigation or, if mutually agreed upon, formal arbitration. the parties agree that any controversy or claim arising out of or relating to this contract, or the breach thereof, will be settled by arbitration conducted in Chicago, Illinois, and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof
22. Entire Agreement.
This constitutes the entire agreement between the parties and is not to be modified or amended by any prior or contemporaneous agreement, whether written or oral.
23. Captions.
The captions for individual Paragraphs of this Agreement are inserted for organizational purposes only. They are not intended to modify or alter the substance of the provisions contained in the Paragraphs.
24. Counterparts.
This agreement may be executed in counterparts, with the same effectiveness and enforceability as if one copy had been executed by all parties
25. Effect of Invalid Provision.
In the event that any one or more of the provisions of this Agreement are determined to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining provisions of the Agreement.
26. Governing Law.
Any claim relating to Seagull (DBA), Seagull Transformation, Inc.'s shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.
27. Notice Requirements.
Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by a reputable overnight delivery service, or mailed by certified mail, to the address set forth in the opening paragraph of this Agreement or to such other address as either party may have furnished to the other in writing.
28. Opportunity To Read.
The parties hereto represent that they have had ample opportunity to read and understand the provisions of this Agreement.
If you have questions, please email us at studentservices@seagullinstitute.com.
