AAC Program Service Agreement, Terms and Conditions

2. Conditions of the AAC Program

   • In cases of extreme weather emergencies or other unpredictable circumstances (such as COVID-19) that prevent AAC from delivering the particular service, AAC reserves the right to suggest an alternative to the AAC program of equal value, postpone the program to a favorable date, or offer an 80% refund of the total cost to You, with the remaining 20% held as credit for You, that you can use at another time. Given these circumstances are not the fault of either party, both parties agree to negotiate the best outcome within these options and act in good faith.

   • AAC does not accept participants with known behaviors of concern unless our staff are able to receive a Functional Capacity Assessment and approve that participant based on our risk assessments. Should approved participants display behaviors of concern that have not been disclosed prior to the program service, AAC reserves the right to take out, at any time, any person whose behaviors are considered a danger to the security or safety of themselves, other participants, staff, or public. Behaviors of concern should be noted down on the Program Participant Registration Form, which will be reviewed before accepting the participant. No refund will be considered in this instance and the individual participant or guardian will be responsible for any costs that are incurred, including additional travel costs if necessary, in order to repatriate the participant in such circumstances. Of course, we will speak with guardians to discuss the best strategies should this occur. 

   • Participants will be accommodated in shared dormitory-style rooms with other children unless it is requested that they use individual rooms. By signing this agreement, you acknowledge that the participant is comfortable with this arrangement. Any concerns relating to the participant's suitability for shared accommodation must be disclosed in writing to AAC before the program begins.

4. Cancellation Policy

   Our team will work on the non-face-to-face component of the program as soon as we receive a signed Service Agreement back. We guarantee to complete this work within 10 days of the returned Service Agreement. As such, 10 days after the Service Agreement has been signed and returned, you will be invoiced for this component.

   • Should you cancel our service before 10 days of returning the signed Service Agreement, you will only be charged the completed portion of the non-face-to-face component, which is a maximum of $236.46 for each clear business day that has passed since signing the Service Agreement.

   • Should you cancel our service 10 days after the signed Service Agreement has been returned, but before 7 days of the program start date, you will only be charged for the work completed for the non-face-to-face component.

   • Should you cancel our service within 7 days of the program start date, you will be charged for the full amount.

   Cancellation includes but is not limited to:

   • a participant no longer wishing to join, refusing to go on a program, or choosing to not continue participation;

   • a logistical or practical reason that the participant can no longer attend sickness of the named participant. However, a doctor’s certificate will need to be supplied before the program commences and then AAC will in good faith, waive 50% of the face-to-face component for You.

6. Itineraries

   • Itineraries are subject to change and intended as a guide only.

   • AAC reserves the right to change accommodation, vehicles, or any other itinerary component due to road or weather conditions, mechanical failure, public holidays, strikes, cultural and local events or other unforeseen circumstances. This is specifically in an effort to make the experience both valuable and deliverable to participants. In these situations, it is common for us to ‘upgrade’ participants.

   • AAC can give no guarantee as to the exact arrival and departure times given on the itinerary, and will not be liable for failure to make connections with other services.

8. Personal Fitness & Safety

   • All medical considerations, disabilities, illnesses, injuries, allergies, or other concerns should be declared to AAC in writing before the program commences, via the Participant Registration Form.

   • AAC accepts no responsibility for any harm, injuries, medical emergencies, or inability to participate in the Program or components of it, due to negligence in not declaring relevant medical or personal fitness information, or participants not bringing/supplying their own necessary emergency medications or other remedies.

   • During the course of the Program, it is the participant’s responsibility to ensure they act and participate in a way that is safe, appropriate, and responsible - so as not to put themselves, other participants, staff, or members of the public in positions of unnecessary risk or danger.

   • In some instances, AAC may require a medical certificate from a registered doctor, or written confirmation from another medical practitioner to allow a participant to attend the program.

   • Where possible, AAC will do its best to accommodate all interested participants. However, given the nature of AAC’s program activities, AAC cannot guarantee our ability to deliver all services for all types of disabilities.

10. Acceptance of the Program

    In most instances, a deposit is not usually necessary for participants who are using NDIS funding to pay for their program attendance. As such, a signed Service Agreement is confirmation of:

    • The confirmed selection of a date for the AAC Program;

    • The confirmed selection of a location/program

    • The acceptance of these Service Agreement’s Terms and Conditions

    Once the Service Agreement is signed, both parties are bound by the Terms and Conditions. AAC does however still require a returned Participant Registration Form (PRF) to be filled out, in order for a participant’s spot to be reserved on the program. A participant’s spot is not reserved until a completed PRF is submitted to AAC

12. Repatriation Plan

    • By signing up for this program, you acknowledge that you are responsible for repatriation if this is called for on the program. Please ensure that nominated legal Guardian is available to be contacted during the program.

    • This section covers the scenario options and expectations for when a participant may need to be repatriated during a program either for behavioral, health reasons, or other unforeseen circumstances.

    • Please note repatriation will be a last resort option and only followed through if all other avenues have been exhausted. We will actively work with you to ensure the best possible outcome for the wellbeing of the participant and to ensure they get home safely if it comes to that. 

    Less than 4 hours drive	We will contact the Guardian to arrange a time that they can meet us at the accommodation.
    4-8 hours distance by car	We expect that Guardians will drive 4 hours one way, and our staff will travel the remaining distance to meet you at a designated public pick up location arranged by the Program Coordinator.
    Ferry transit needed (pick up at Ferry terminal)	Once the Guardian has been contacted to organise a suitable pick up time, we will arrange transportation to the ferry terminal to board the best ferry time to meet you at the mainland ferry terminal for pick up. Guardians are expected to pick up participants from mainland ferry terminals
    Flights needed (Airport Pick up)	The Guardian (where applicable) will be contacted to discuss their ability to pick up the participant from the nearest airport. Last minute flights will be booked depending on availability and circumstances. Our support staff will accompany the participant through the airport to the gate. If the participant is old enough and does not require support to fly, we will arrange an unaccompanied flight.

13. Costings for Repatriation

    • In instances where repatriation is deemed necessary by our staff for behavioural reasons, where this type of behaviour was not disclosed prior to the program, payment for services delivered until the point of repatriation, plus the cancellation schedule of 0 days will apply (100% cancellation fee) for the remaining program days. 

    • In instances where repatriation is deemed necessary by our staff, where this type of behaviour was disclosed prior to the program, you will only be charged for the days wherein the service was delivered. For example, if the participant was repatriated on midday day 2, they will not be charged for the remaining days 3 and 4. 

    • In instances where repatriation is deemed necessary by our staff for health reasons or circumstances that are out of the control of either You or Access Adventure Club (some examples include but are not limited to: a participant has contracted Covid, flu, gastro or something else that could spread to other staff or participants, or a natural disaster has occurred in our planned area). You will be billed for all days that service was provided, plus 50% of the remaining days full fee, to cover expenses we incurred as a result of the unforeseen circumstance. This is usually billed under the same or similar item under their NDIS Plan (if that is the funding source).

15. Photo and Video Permission

    • During the program, we may take photos and videos to capture the experience for the participants and to share with others. These photos will be available to all Guardians from the program for a short time.

    • These photos and videos may also be used for marketing purposes, including on our website, social media platforms, and promotional materials to showcase our programs to other NDIS participants and prospective families.

17. Protecting Your Personal Financial Liability

    If AAC has provided services to you under this agreement, and the Financial Protection Guarantee applies:

    • AAC has sent a valid invoice to your Plan Manager or NDIA; and

    • Payment is outstanding and no valid reason in AAC’s reasonable opinion has been provided, then you irrevocably appoint Students Explore Australia Pty Ltd, including its directors, officers and authorised employees (together the Attorneys) as the true and lawful attorney of the Participant for the sole purpose of recovering any unpaid amount owed to AAC, which amount includes, but is not limited to, any debt recovery fees that are incurred by AAC under this Agreement due to your nominated Plan Manager’s failure to make payment to AAC.   

    As your Attorney, AAC is authorised to:

    • do any act or thing necessary to recover payment for AAC’s services provided under this Agreement;

    • commence, defend, settle or take any legal proceedings on your behalf and against any Plan Manager or agency to recover the money owed to AAC; 

    • communicate directly with your Plan Manager, support coordinator or the NDIA about AAC’s unpaid invoices; 

    • request, submit or complete any documents or claim required to allow AAC to be paid; and

    • do anything else reasonably necessary to give full effect to this authority. 

    AAC agrees that, when acting as your Attorney, it will:

    • act in good faith and in your best interests;

    • use this authority only to recover AAC’s unpaid invoices; 

    • not use this authority to access unrelated supports or funding; and

    • comply with any reasonable directions you provide.

    You agree to reimburse and hold AAC harmless for all reasonable costs, expenses and liabilities it incurs in exercising its powers under this clause.

    This Power of Attorney starts when you sign this Agreement and continues until all unpaid amounts are recovered by AAC, or until you withdraw your consent to the Financial Protection Guarantee in writing.