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IENA Program Agreement

2019 IENA Program Agreement

IENA Program Agreement

IENA is a Cultural Exchange Program. The purpose of the program is to foster global understanding through shared experiences and friendship with US staff and campers in the unique setting that is an American Summer Camp. We are a designated J1 Sponsor by the US Department of State and further information about the J1 program can be found at j1visa.state.gov/.

1.The IENA International Camp Staff Program

A) The International Camp Staff program of International Exchange of North America (IENA). Our business address is 699 Washington St Suite 203, Hackettstown, New Jersey, 07840. IENA does not own any camps.
B) Applicants who wish to participate on the program should understand that they enter into this contract with IENA and will be bound by the following conditions. Once placed at a camp, you will additionally have an agreement with a specific camp. The applicant confirms that their command of English is sufficient to correctly understand these terms and conditions.

2. Services provided by IENA; IENA will:

A) Provide customer service and support with your application while in your home country.
B) Issue a DS-2019 form and SEVIS fee receipt (required for J1 visa application), provided by IENA.
C) Our best efforts to secure a placement for you at a summer camp in the US subject to adherence to this program agreement, IENA guidelines and subject to full compliance with your contract with the camp at which you are placed, as well as full compliance with all US Department of State requirements for J -1 visa holders.
D) Up to 120 days medical insurance (excluding Workman’s Compensation claims, pre-existing health conditions and situations that violate coverage of the health insurance policy).
E) 24 hours, 7 days per week emergency support via telephone while in the US.

3. Fees include:
A) The program fees shall be published on www.iena.org
B) Payments to IENA included Application and Placement services, J-1 Visa sponsorship, medical insurance and customer service.
C) First time placement service participants shall make first payment before your interview is confirmed and a second payment due within 10 days of your placement at camp. Fees are only refundable as set out in the”Refund and Cancellation Policy” section below. An additional fee is paid to IENA on your behalf, by the camp at which you are placed.
D) Returner and Direct Placement applicants may have this fee paid by your Camp at the discretion of the Camp. If the camp does not agree to pay the fee, the fee shall be payable in full upon completion of your application. This fee is to be paid by the person applying for the program and is only refundable as set out in the”Refund and Cancellation Policy” section below.

4. What is not included in the Program Fees?
A) Third Party costs incurred in obtaining criminal and medical records checks, and costs related to the Embassy J-1 visa application are not covered in the program fee.
B) Costs incurred during travel to interview, placement events, orientation, US Embassy and airports are not covered in the program fee.
C). Flights from your home country to America and return flights home.
D). Additional charges are made for optional items such as Travel Insurance and re-issuance of your DS2019 form if necessary.
E) Any additional items specified by the camp such as State Police Record Checks or additional medical checks. Please note that some camps may require immunizations for Hepatitis A or B, Mumps or TB and any costs incurred are the responsibility of the applicant to comply with these requirements.
F) Unusual courier fees over $25 (for Returners and Direct Placement applicants only).

You agree to pay these additional fees as they arise. Failure on your part to this will result in your application being withdrawn from the program.

5. Acceptance on to the Program
A) Following interview, your application will be submitted via your online IENA account, to the IENA Placement team for assessment. Once a completed application with references and criminal history disclosure conducted, we will determine if your application can be accepted and made available to US Camp Directors to view online. If your application is accepted there is no guarantee that a camp will offer you a summer position. Placements are offered based on a match in your availability, skills and experience. Placements are made from season start through June.

6. Qualifications for complete applications and ready to travel
A) Complete the online application and accept this Program Terms and Conditions.
B) Provide all documents as detailed in the”Required Documents” section of your online profile including (but not limited to) references, passport copy, police check, medical form and camp contract
C) Completed your online application to”100{4c317a57d8d1da4668b72c8a44e249c8fb53df37fbeb3293152b06cb14b6bc6e} complete” including (but not limited to) paying in full, verifying visa receipt, signing visa sponsor agreement, submitting travel information and requesting insurance.
D) Be placed at a camp and sign the relevant camp agreement.
E) Successfully apply for your J-1 Visa

7. Criminal Background Checks
A) You are required to declare any criminal convictions including juvenile cautions, reprimands and current charges on your application form. This is also a requirement of the US Embassy in the visa process. As Embassy regulations are extremely strict, non-disclosure of information may result in a longer visa process and in some cases visa refusal. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment. No refunds will be given to participants whose visa has been refused due to a non-disclosed criminal background. Failure to disclose details of criminal convictions (including juvenile, cautions and current charges) are grounds for dismissal from the program and will lead to any payments already made being forfeited. If you have had incidents with the law, you are advised to discuss such matters with your interviewer, local recruiter or the IENA office before you are interviewed for the program. Offenses relating to drugs or violence will render you ineligible for the program. Please also note that some camps undertake random drug testing during the summer and/or require drug testing upon your arrival at camp.
B) IENA requires all participants, including returners, to provide Criminal Background checks. Charges for a criminal record check varies from country to country and payment will be the responsibility of the applicant. IENA reserves the right to dismiss anyone from the program without compensation or refund if they are found to have concealed any criminal conviction, caution or pending charge.
C) By creating an account and agreeing to these Terms and Conditions, you will be providing your full consent for this background check to be shared with camps.
D) Applicants without a clear police check should be aware that additional costs will be incurred if additional checks are deemed necessary and may also incur substantial additional Embassy costs during the visa application process.
E) Applicants should be aware that they may be required to complete additional US State Police checks and finger prints (in addition to checks completed in their home country). When required, these checks are completed upon arrival at camp. Checks are handled differently by each camp and state. Some additional charges may apply.

8. Applicant Process
A) You must inform IENA of any changes in contact information, availability, health, criminal background, or any other pertinent changes regarding your application and ability to participant in the program. If any changes made after acceptance lead to placement becoming difficult or unlikely, IENA reserves the right to withdraw you from the program and any refund given will be at the absolute discretion of IENA.
B) You must inform IENA if you have any relatives living in the US. Failure to declare this information may have serious consequences with regard to your J-1 visa application and thus may result in your removal from the program and any previous payments will be forfeited.
C) Placement confirmation at a camp for first time participants may occur anytime between completion of a full application and July 1st.
D) There is no guarantee that a camp will offer you a position for the summer. A placement is based on the needs of the camp, your availability, your experience and skills.
E) You must be completely honest with IENA through the application process and all information contained on any form completed must be accurate. Any false, deceptive or withheld information on the application or documentation or any conduct (included conduct/behavior presented through your social media accounts such as ,but not limited to, Facebook and Twitter) deemed by IENA as inappropriate or prejudicial before, during or after your acceptance to the program may be grounds for immediate cancellation from the program with, or without, refund of fees, all at the absolute discretion of IENA.

9. Obtaining the J-1 Visa
A) You agree to complete all visa requirements including attending a personal interview at the United States Embassy or Consulate at your own expense in accordance with the instructions thereof and to be responsible for obtaining a valid passport at least six months prior to departure.
B) You are required to declare to IENA in your application, any previous US visas applied for. Failure to declare this information can have serious consequences on your visa application and may result in your cancellation from the program and any payments will be forfeit.
C) Once you have accepted a placement and have completed in full your application, IENA will send you your DS2019 form and instructions on how to apply for the J-1 visa at your nearest American Consulate.
D) You cannot participate on the program without a J-1 visa stamped in your passport, unless you hold a United State passport.
E) The J-1 visa is obtained by attending a face to face interview at your nearest American Embassy/Consulate. All US embassies now impose dollar based visa fees mandated by Congress (currently US $160 plus courier fees), which you will be required to pay in addition to IENA payments (see our website for fees). Applicants are also responsible for the costs of travel to and from their visa appointment and any courier fees charged by the embassy. Applicants are advised to complete visa interview formalities as soon as possible once placement is confirmed. Interview appointments become very booked up after April 1st and failure to book a timely appointment will constitute cancellation from the program.
F) It is an expectation of the US Embassy for all participants to provide a proof of return to their home country.

10. Visa Refusal
A) If you are refused a visa by the American Embassy/Consulate, please inform IENA immediately.

11. Visa Regulations – while in the US
A) You are permitted to enter the US no more than 30 days before the program date shown on your DS2019. This is termed a”Grace Period”. You are not permitted to work during this time. Upon successful complete of your program, you have a further grace period of 30 days to depart the US, during which you are not authorized to work. Overstaying this period may impact your ability to travel in the future.
B) If you are participating as a Support staff member at camp, you will additionally be required to complete a”Monthly Survey” which you will be emailed to you every 30 days. Completing this questionnaire is a regulation of your program and failure to do so could result in your program being terminated.
C) As your visa sponsor, IENA is required to maintain your visa sponsorship status in the SEVIS system. We have the right to end your program at any time if you fail to comply with program requirements – this includes once your visa has been issued.

12. Participation and placement at a Camp
A) IENA does not own or in any way assume responsibility for the operation of camps. The running of each camp is solely at the discretion of its proprietor and/or director. As a consequence, IENA cannot and does not, accept liability for any decision, actions or omission of whatever nature made by or on behalf of the proprietors and/or directors of the camps. If you consider that you have suffered any loss, injury or damage whatsoever as a result of any such decisions, actions or omissions, your right to recourse lies against the director or proprietor of the individual camp or resort. Your acceptance of placement with a camp is subject to this condition.
B) You are required to complete a 9 week assignment.
C) Any requirement to work longer than 9 weeks should be confirmed with your Director prior to the start of your placement. IENA is required by the US Department of State to keep your SEVIS record updated. You are therefore required to keep IENA informed of any changes to your placements re: length of placement.
D) The responsibility of the camp to you is limited to housing, food, and pocket money paid to you by the camp. If any problems should arise between you and your camp during the course of your stay, you must promptly inform IENA via our 24 hr manned phone line at 888-724-4292 x4.
E) While on camp you agree to carry out your employment duties and other responsibilities towards the participating camp to the best of your ability and with due respect. You agree to co-operate fully with those supervising the program on behalf of IENA and you agree to abide by any reason instructions they may give.
F) IENA considers children and young people to be individual and valuable members of society who have an unconditional right to be treated with dignity and respect. As such they should be fully protected against any exertion of inappropriate power, whether sexual, physical or emotional. Relationships with campers, or with anyone under the age of 18 are strictly forbidden. This is a zero tolerance policy. IENA will fully support any action taken against perpetrators of abuse.
G) You agree to abide by all lawful rules and reasonable expectations of IENA and contained herein and of the camp in which you are placed. Please be advised that all camps have a strict alcohol/drug policy. This is a zero tolerance policy. Camps will also have no smoking policies that may extend to local towns as well as camp grounds, most camps also operate a curfew requiring you to return to camp by a deadline when on time off. If you break any of these rules you will be required to leave camp immediately and will be responsible for your own costs and for any costs incurred by IENA through non-payment or reduced payment of fees by the camp. It is illegal to buy, consume or be in possession of alcohol under the age of 21 in the USA.
H) Failure to complete your camp contract, for any reason, may result in the ending of your visa program and insurance coverage and you may be required to immediately leave the USA. You will be required to return to your country of residence on the earliest available flight. Without prejudice to any other claims IENA may have, you will be responsible for any flight change fees and will be liable for any fees that would otherwise be paid by camp to IENA on your behalf (up to $800). In the event that any invoice is not paid when due, the credit card on file will be automatically charged. If the charge is rejected, all costs incurred in recovering the outstanding balance will be added to the outstanding amount.
I) Should you be unable to complete your camp contract due to personal illness or death, or the illness or death of an immediate family member (parents or siblings; not including grandparents), IENA may, in its absolute discretion waive any portion of fees otherwise owed by you to IENA for the incomplete summer camp contract. Official documentation showing reasons for your early return must be submitted before any reduction of the fees owed will be considered.

13 Emergencies while in the US
A) Understand that IENA or its affiliates or agents may, without liability, or expense to themselves take whatever action they deem appropriate with regard to your health and safety and may place you in a hospital for medical services and treatment or, if no hospital is readily available, may place you in the hands of a local medical doctor for treatment. You undertake to reimburse us, our agents or the summer camp in which you are placed for any expenses incurred by us or them in taking any action reasonably considered necessary in the interest of your health and safety, which is not covered by the medical insurance policy. If deemed desirable by IENA or its agents, you authorize them to transport you back to your country of origin at your own expense.
B) You agree to waive and release IENA and its affiliates, agents and employees from any claims whatsoever arising from any injury, loss, damage, accident, delay, or expense resulting from events beyond its control, including without limitation acts of God, acts of war, strikes, incidents of politically motivated violence, terrorism, sickness or quarantine, government restrictions or regulations, and, in the absence of gross negligence (or negligence in the case of personal injury) by IENA, arising from the use of any vehicle or from any act or omission by any agent or employee or guests of the participating camp, individual, firm or company in relation to transportation to, from and within the US or another facility or service organized on your behalf.
C) By agreeing to these Terms and Conditions you will be providing your consent to the release of your personal information (which may include sensitive personal information) to relevant third parties in an emergency situation and you authorize any medical provider to release information regarding your condition to camp or your insurance provider/emergency services. This includes, but not limited to, all information supplied on application forms and medical forms. You also consent to IENA, your camp or insurance provider/emergency services can contact you next of kin or nominated emergency contact.

14. Refund and Cancellation Policy
(First Time Participants)
A) If you are not accepted on the program, through your non-disclosure or other failure to comply with your obligations as set out in this agreement, the proof of all fees paid to IENA are paid to IENA are refundable.
B) If your application is withdrawn after acceptance but prior to placement at a summer camp AND you have paid the program fee in full, $100 is refundable, otherwise the program fee is non-refundable. If 28 days have past since acceptance and payment, no refund is available of this fee.
C) If your application is withdrawn after placement at a summer camp, the total program free is non-refundable.
D) After acceptance on the program, if changes to your availability, your ability to attend a camp, or any failure on your part to comply with your obligations in this agreement, or any other facts, affect the ability of IENA to place you at a camp, IENA reserves the right to withdraw your application from the program and refunds will be at the absolute discretion of IENA
E) If you are not placed at a camp by IENA by July 1st, your application will be withdrawn from the program and a refund will be issued.
(Returnee/Direct Participants)
A) If your application is withdrawn, the total program fee is non-refundable
B) If you leave camp before the end date of your camp contract for any reason, the total program fee is non-refundable.
(All Participants)
A) if you or a member of your immediate family (parents or siblings; not including grandparents) experiences a life threatening illness, or death, prior to your departure for your camp, written documentation must be submitted within 14 days and refunds will then be considered at the absolute discretion of IENA.
B) No refunds will be given if your application is withdrawn due to exacerbation of a pre-existing medical condition.
C) If you have not obtained your J-1 visa (delayed/denied/rejected) by your contracted start date at your camp or by June 15th of the year of your participation in the program, whichever is sooner, IENA reserves the right to withdraw you from the program without refund.
D) Any fees you incur for third party services (such as J1 visa interview or criminal background checks, etc�) or other costs associated with the program (but not inclusive of the program fee) are not refundable by IENA.
E) IENA reserves the right to withdraw your application, without refund, if unable to make contact with you via the contact details you provided; if you are late with any paperwork or payments; or in any other circumstances where IENA is unable to obtain required information from you.

15. Medical Form
A) You are required to complete a medical form and have it signed by a physician prior to your departure to your camp/resort.
B) You must provide IENA with a completed copy of this medical form prior to your departure to camp.
C) You are required to make IENA aware of any pre-existing medical/mental conditions from which you may suffer. If IENA feels that any of your medical conditions may affect our ability to place you at a camp or your ability to participate safely in the program, IENA reserves the right to terminate your participation on the program and issue a refund amount at its absolute discretion. Likewise, should you fail to disclose any pre-existing medical/mental condition that prevents you from performing your camp duties, or hinders the operation of the camp, camp and/or IENA reserves the right to terminate your participation in the program and any refund made will be at the sole discretion of IENA.
D) Failure to take the original medical form to your camp or failure to disclose any pre-existing conditions on your medical form may result in your immediate dismissal from your placement and incur associated fees as outlined in #12, section H of this agreement.

16. Medical and Travel Insurance
A) IENA provides you with up to 120 days of medical insurance beginning on the date you depart for the US. This insurance does not cover pre-existing medical/mental conditions (any chronic condition or condition for which you have had treatment/changes to medication, in the 6 months prior to departure to the USA) and participants over the age of 55.
B) IENA offers a travel insurance upgrade policy that covers personal liability and loss or theft of baggage, valuable or personal property. Full details are available in the insurance section of the control panel.
C) If you will be in the USA for more than 120 days you must purchase an insurance extension. The Medical Insurance policy is subject to change dependent on the policy provider.
D) Prior to your departure to the US, you must select your policy type and insurance dates in the insurance section of your online profile. Any upgrade or extension of the standard or upgraded policy will incur a surcharge, which must be paid at the point of purchase. If you fail to complete your insurance request prior to your departure for the USA, you will automatically be issued medical insurance only on the start date of your camp contract to the day after your camp contract ends. You agree to pay an additional fees which may be incurred should the automatically assigned cover run beyond 120 days.
E) If you have any pre-existing medical/mental conditions or take any medications you must declare this on your online application from and medical form. IENA reserves the right to decline your application should we feel your condition(s) may affect your safety and ability to complete your summer contract. We advise you to speak to IENA directly regarding alternative insurance coverage.
F) Your insurance policy has an excess/deductible, which you will have to pay on any qualifying claims.
G) By agreeing to this Terms and Conditions you agree that IENA can take any required action in regards to your health and safety without incurring any liability or expense. This may include, but is not limited to: your placement in a hospital, use of doctor’s service and transportation to your home country at your own expense.

17. Participation on a Cultural Exchange
A) You understand and acknowledge that you are not an employee or agent of IENA or any affiliate thereof and agree not to make any representations to any third party or employee of the participating camp to that effect. You understand that you are a cultural exchange visitor.
B) As a Cultural Exchange Visitor you are expected to experience and form a greater understanding of the culture of the US. IENA encourages you to take full advantage of days off and time after camp to travel, learn and enjoy.
C) You understand the IENA and its staff undertake at all times to treat applicants and enquirers with courtesy and respect. IN return for this we require our applicants to always be courteous and polite to our staff and associates. You therefore agree that hostile or aggressive behavior by applicants will result in immediate cancellation from the program and the forfeiting of all payments.

18. Data Protection
A) In order to provide the IENA services to you we will need to collect, use and disclose your personal information to third parties, which may included transferring it within and/or outside of the USA. In particular, we will need to share your information, by electronic and physical means, within and between IENA, independent camps, US employers, government departments (in the US and in various countries), insurance providers and other relevant suppliers for the purpose of seeking or securing seasonal work/placement for you in the USA. You may also be required to disclose sensitive personal information to us, for example as part of the medical and criminal record checks during the application process. If you do, we will use that information for the purpose(s) for which the information is collected. We may also collect and use your sensitive personal information where there is a legal basis to do so with your consent.
B) By applying to IENA for seasonal work/placement, you consent to your image and any comments, photos and videos uploaded to the IENA website or taken at IENA events or on camps to be used for IENA marketing and publicity purposes.
C) You understand that the IENA program is a designated J-1 Exchange Visitor Program sponsor through the US Department of State. As such it adheres to strict regulatory provisions with regard to the cultural exchange component, your placement and working conditions as well as safeguarding your health, safety and welfare. You may contact IENA’s Responsible Officer , Scott Curry, by telephone toll-free within the US at 888-724-4292 x3 as well as by email at [email protected]
law of the State of New Jersey should apply to the Agreement between us and you agree to submit to all jurisdiction of the New Jersey courts.

19. General Information
A) Nothing in this agreement shall be deemed to constitute a partnership or joint venture between the parties hereto.
B)This agreement together with all documents referred to herein constitute the entire understanding between both parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements in regard thereto.
C)This agreement cannot be amended, superseded, cancelled or any of its terms and conditions waived except by an agreement in writing signed by an authorized representative of IENA.
D) If any of the provisions of this agreement are, or become to any extent or in any circumstances, invalid or are ruled illegal or deemed unenforceable for any reason under current applicable law from time to time, then to the extent or in those circumstances it is the intention of the parties that this shall not affect the validity or enforceability of this agreement or any of the provisions of this agreement and if such provision would be valid if some part of the provision were deleted or modified, the provision in question shall apply with such deletion or modification as may be necessary to make it valid provided that the operation of this clause would not negate any commercial intent and the purpose of the parties under this agreement.
E) You agree to abide by all lawful rules and regulations of IENA and of the camp at which you are placed and to fully indemnify and hold IENA completely harmless from and against any liability, obligation, loss and expenses including court costs and legal fees incurred by IENA, your camp/resort or a third party resulting from any injury, loss, property damage or expenses that you directly or indirectly cause or to which you contribute.
F) IENA and its affiliates, agents and employees shall not be liable for claims or costs whatsoever arise from any injury, loss, damage, delay, accident or expense resulting from events beyond IENA control including (but not limited to) natural disasters, acts of war or terrorism, strikes, incidents of politically motivated violence, sickness or quarantine, government restrictions or regulations or transportation accidents.
G) You accept full responsibility for your own actions as an adult during the summer and during any post-camp travel.

20. Payment
If after payment is received a chargeback is used or any kind of payment dispute from the card holder is issued, Payment is due immediately plus a service fee of $100 to cover administrative costs. Failure to pay immediately may result in program termination.

21. By completing the on-line registration process and ticking your acceptance of this contract, you agree to be bound by its terms.

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