Note: This policy is subject to change at any time. Please check all American Homestay Network Policies on a regular basis for updates.
Welcome, we are American Homestay Network (AHN). We operate the American Homestay Network; connect Hosts with Guests; and provide Guests, Hosts, and other parties to international student Homestay arrangements with world-class administrative and support Services.
You (a Guest) have made a great choice to apply for a short-term Homestay arrangement with an American Homestay Network registered Host (Homestay), an experience uniquely rewarding and enriching for every Guest and Homestay family.
This Guest Agreement governs your relationship with American Homestay Network in relation to any Homestay and any supply of Services by American Homestay Network. By applying to be a Guest, you agree to be bound by the terms and conditions of this Guest Agreement. If you are an agent acting on behalf of the Guest, you must pass this information on to the Guest and the Guest’s Native Parents for Guests under age 18.
In this Guest Agreement, when we say:
Eligibility criteria: we mean the Guest eligibility criteria described in clause 1.1,
Fees: we mean the fees payable to American Homestay Network for the Services as described in clause 4, or as notified by American Homestay Network in writing from time to time, and any other costs or charges as agreed or required by law,
Guest: we mean any international Guest (such as student, intern etc.) placed with a Host in a Homestay by American Homestay Network,
Home: we mean the residence of a registered Host in which a Homestay is or may be conducted,
Host: we mean any person(s) notified by American Homestay Network as a Host of the Homestay,
Policies: we mean the Website Terms and Conditions, the Guest Code of Conduct, the Refund Policy, and any other policy notified to you by American Homestay Network from time to time, all of which form part of this Guest Agreement (but the terms herein will take precedence to the extent of any inconsistency); and
Services: we mean the Services identified in clause 2 and provided to Guests by American Homestay Network in accordance with this Guest Agreement.
1.1 A Guest must:
1.2 You must notify American Homestay Network immediately if you cease to satisfy the eligibility criteria. If at any time you fail or cease to satisfy the eligibility criteria, American Homestay Network reserves the right to reject your application and/or immediately suspend or terminate this Guest Agreement and any Homestay.
1.3 Applicants will be accepted as Guests by American Homestay Network subject to fulfilment of the eligibility criteria and otherwise at American Homestay Network’s sole discretion. American Homestay Network may revoke acceptance of a Guest application if the person is in breach of this Guest Agreement, or at the request of that person or their legal guardian.
1.4 Once your application to be a Guest is accepted by American Homestay Network, American Homestay Network will deliver the Services.
1.5 All Guests under the age of 18 must complete American Homestay Network’s online guest orientation prior to arriving at their Homestay. By participating in American Homestay Network homestay, Guests confirm they have viewed and understand the orientation materials provided.
1.6 Guests under the age of 18 must seek approval from their legal guardian/parent prior to signing the Guest Agreement. The legal guardian/parent must be listed on the Guest’s application and may be contacted for confirmation.
2.1 In exchange for and subject to payment of the Fees, American Homestay Network provides Guests with the following Services:
a) Host background checks, resourcing and matching,
b) Airport pick-up booking service (on request),
c) Payment processing and administration,
d) Support, advice, and complaints Services, including the 24-Hour emergency assistance phone line (866 999 9076); and
e) The Homestay Management System offered via the website at homestaynetwork.com/.
2.2 All Homestays are arranged on a case-by-case basis and all Guests are matched with a suitable Host, based on their profile and preferences, located within 60 minutes’ travel by public transport from their Education Provider. If a Guest requests to be matched with a different Host after a placement has been confirmed, further Fees may apply.
2.3 In finding a suitable Homestay for each Guest, American Homestay Network will consider the following factors:
a) The Guest’s cultural background, age, gender and personal circumstances as applicable,
b) The suitability of the Host’s home, including in regard to proximity and transport to the education institution in which the Guest is enrolled; and
c) Any other factor considered relevant by American Homestay Network.
3.1 American Homestay Network warrants to Guests that it will provide the Services with all due care and skill, in compliance with applicable laws.
3.2 Every Guest continuously warrants to American Homestay Network that they:
a) satisfy the eligibility criteria,
b) will use the Services and conduct themselves during a Homestay in a reasonable, respectful, and responsible manner,
c) will comply with the policies and applicable law at all times; and
d) will not, in connection with a Homestay or the Services, do or omit to do anything in a manner that is fraudulent, misleading and/or deceptive, negligent, illegal, immoral, offensive, or reasonably likely to harm or infringe the rights of any person.
4. Fees & Payment
4.1 Guests must pay both a “matching fee” and a “weekly fee” (together, the Guest Fees), in the amounts notified by American Homestay Network to the Guest in writing from time to time. The weekly Fees are collected by American Homestay Network on behalf of the Host and will be remitted to the Host in accordance with the American Homestay Network Host Agreement, less Fees payable to American Homestay Network.
4.2 The Guest Fees must be paid by credit card, PayPal or electronic funds transfer directly to American Homestay Network, or by any other means directed by American Homestay Network, by the due date(s) notified by American Homestay Network to the Guest in writing. Guests must not pay any part of the Fees directly to Hosts or any other party in respect of the Homestay.The Guest/Parent/Agent is responsible for all wire transfer fees and must include an additional wire transfer fee when remitting payment by wire transfer. All wire transfer fees are non-refundable.
4.3 The non-refundable matching fee must be paid to American Homestay Network before American Homestay Network can begin the Guest/Homestay matching process. Guests are also required to make an initial payment usually in the amount of four times the notified weekly fee (initial payment) before a placement can be confirmed. The initial payment is non-refundable once a Homestay has commenced but will be credited against the weekly fee payable for the first four weeks. If a Guest cancels the Homestay before commencement, the initial payment will be fully or partially refunded in accordance with the American Homestay Network Refund Policy, which can be viewed at https://usa.homestaynetwork.com/policies/refund01. The weekly fee is to be paid in advance on a fortnightly or monthly basis after the first four weeks of the Homestay (if the Homestay is longer than four weeks).
4.4 Subject to clause 4.3 and to the minimum notice periods under clause 9, on termination of a Homestay, weekly fees that have been paid in advance will be refunded in accordance with the American Homestay Network Refund Policy. After the first two weeks in Homestay, if the Guest terminates without sufficient notice (see clause 9), the Guest will be liable to American Homestay Network for up to two times the weekly fee and for any other costs or expenses reasonably incurred by American Homestay Network in connection with the termination.
4.5 If the Guest requests a hold on their room while they go on holiday, they will be required to pay a fee which will be charged at 50% of their normal Homestay Fee. Specific terms regarding this process can be found in the American Homestay Network Room Holding Policy.
4.6 American Homestay Network will not be liable to the Host or any other person for the amount of any unpaid Guest Fees owing to them.
4.7 From time to time American Homestay Network may review and update Homestay Fees in line with market conditions. Students in an ongoing placement will be provided with at least 3 months’ notice of any changes to their Homestay Fees.
5. Confidentiality & Privacy
5.1 Guests and American Homestay Network agree to keep confidential the terms of this Guest Agreement and any information or material received in connection with this Guest Agreement or a Homestay and marked, or reasonably presumed to be, confidential (confidential information).
5.2 During the term of this Agreement and for 3 years after any termination of this Agreement, GUEST/PARENT/AGENT will not, without the prior written consent of American Homestay Network, either directly or indirectly, on GUEST’S/PARENT’S/AGENT’s own behalf or in the service of or on behalf of others, solicit or attempt to solicit, divert or hire away any person employed by American Homestay Network or any client or host family of American Homestay Network. This practice is strictly prohibited and in violation of this Agreement and may result in a penalty of up to $10,000.
The Parties will treat the terms of this Agreement as confidential and will not discuss the Agreement with anyone other than: (a) legal counsel or tax advisor as necessary to secure professional advice; or (b) as required by law. Breach of this provision shall be a material breach of the Agreement that shall entitle American Homestay Network to seek injunctive relief and damages. In any action brought by American Homestay Network under this paragraph, the prevailing party shall be entitled to an award of its costs and attorneys' fees, in addition to any other damages awarded by the court. Notwithstanding the foregoing, nothing in this Section 5 will be deemed to restrict Guest’s Parents from discussing and/or promoting the American Homestay Network Program.
5.3 Guests and American Homestay Network agree that they will not disclose any confidential information to any third party unless or until it:
a) is or becomes publicly known through no wrongful act of the receiving party,
b) is received from a third party (other than from or on behalf of a Guest, Host or American Homestay Network) without restriction and without breach of any confidentiality obligation to the other party,
c) is independently developed by the receiving party; or
d) is required by law to be disclosed (provided that the other party is given advance notice of, and an opportunity to contest any such requirement).
5.5 Any personal information of a Host received by you in connection with a Homestay is confidential information for the purposes of clause 5.2. Without limiting clause 5.2, you warrant and agree that you will:
a) Keep Hosts’ personal information private and confidential,
b) Only use Hosts’ personal information for the purpose for which it was provided to you or otherwise with the consent of the Host; and
c) Will not disclose Hosts’ personal information to any person except with the Hosts’ consent.
6. Guest Conduct
6.1 Guests are expected to follow their Educational Provider’s Student Handbook and American Homestay Network Guest Code of Conduct and Host Family House rules while in American Homestay Network Homestay Program. Guests must read and abide by the Guest Code of Conduct which can be accessed at https://usa.homestaynetwork.com/policies/ahn-guest-codes-of-conduct. Any Guest who fails to comply with the American Homestay Network Homestay Policies may have their Homestay terminated in accordance with clause 9.Guests who fail to comply may face expulsion after a disciplinary board review and may forfeit all school and homestay related fees.
6.2 For Guests Under age 18, The Guest and Guest Parents will be required to sign an acknowledgement of their understanding and agreement with the Guest Code of Conduct as a condition of participation in the American Homestay Network Program, at the beginning of the Term and thereafter at any time during the Term that the Guest Code of Conduct is amended.
7. Medical Care and Insurance
7.1 The Guest acknowledges that it is the sole responsibility of the Guest to obtain his or her own personal insurance to cover loss, damage, or injury incurred inside the Home, including compliance with minimum insurance requirements at law or as a condition of the Guest’s visa, and that neither American Homestay Network nor the Host’s household insurance covers the Guest’s belongings or liability.
7.2During the Term, the Guest may need to obtain local medical treatment or healthcare in the United States. For Guests under age 18, to facilitate the provision of all necessary medical services, the Guest’s Parents will be required to execute: (a) a Medical Authorization in favor of American Homestay Network, the American Homestay Network Local Manager, and the adult members of the Host Family, in a form referred herein as American Homestay Network MEDICAL AUTHORIZATION FORM; and (b) a Limited Power of Attorney in favor of American Homestay Network, the American Homestay Network’s Local Manager, and the adult members of the Host Family, in a form referred herein as Limited Power of Attorney. The Guest’s Parents acknowledge and agree that different states or jurisdictions in the United States have different laws and requirements regarding the form and language of powers of attorney and medical authorizations. Accordingly, Guest Parents release American Homestay Network from any liability associated with the insufficiency of the Medical Authorization and Limited Power of Attorney to have a valid, binding effect due to the particular laws of a certain state or jurisdiction.
7.3 During the Term, Guests 18 and younger must be enrolled in a U.S. health insurance plan and must be able to provide proof of insurance. The Guest may participate in a health insurance plan offered by American Homestay Network and administered through a third-party provider selected by American Homestay Network (“Program Plan”), subject to plan eligibility requirements and timely payment of Program Plan premiums. Guest’s Parents may instead elect to enroll Guest in an alternate U.S. health insurance plan selected by the Guest’s Parents (“Alternate Plan”). American Homestay Network will assume no responsibility for the administration or processing of payments associated with any Alternate Plan. Guests Parents/Agent shall submit the proof of enrollment of Alternate Plan to American Homestay Network prior to the Enrollment Period starts. Failure to submit proof of enrollment in an Alternate Plan may result in services being delayed or withheld until proof can be provided. Regardless of whether the Guest’s Parents enroll the Guest in the Program Plan or the Alternate Plan, the Guest’s Parents will be responsible for the cost of any medical expenses, liability or damage claims incurred by the Guest that are not covered by their insurance plan.
8.1 To the maximum extent permitted by law, American Homestay Network excludes all warranties not expressly provided in this Guest Agreement and all liability for any loss (including consequential or indirect loss), cost, damage, or claim, however and whenever arising (including due to the act or omission of a Guest or Host), suffered by any person in connection with the Services, a Homestay, or this Guest Agreement.
8.2 Nothing in this Guest Agreement is intended to exclude any consumer guarantee applicable under the relevant Consumer Law, or term otherwise implied by law, which cannot be excluded. Guests agree that, to the maximum extent permitted by law, any liability of American Homestay Network in connection with such a guarantee or implied term and in respect of any particular supply of Services is limited (at American Homestay Network's election) to either resupplying those Services or paying the cost of having those Services resupplied.
8.3 Unless the student is registered for the Under 18 Complete – Standard Guardianship or Under 18 Complete – Premium Guardianship programs, American Homestay Network does not assume the role of guardian for any Guest under the age of 18 and does not take responsibility for the actions nor the care of any such student under this Guest Agreement.
8.4 American Homestay Network is not the legal guardian of any Guest under the age of 18 and does not take responsibility for the actions nor the care of any such guest under this Guest Agreement. American Homestay Network only provides guardianship service to act as the guest’s temporary guardian for medical emergency purposes while the guest studies in the US for students under age 18 who are registered under the Standard or Premium Guardianship Homestay programs. American Homestay Network will act as the local point of contact on the behalf of parents for the guest's medical needs. Parents must sign a guardianship form before the guest arrives in the US. As used herein, guardianship is defined as the authority to make medical decisions on behalf of Guest as further described in the American Homestay Network Guardianship and Authorization Form attached hereto. No further rights, obligations and/or responsibilities should be construed by the term guardianship.
8.4 Subject to clauses 8.1 and 8.3, to the extent that American Homestay Network otherwise has any liability for any loss, cost, damage, or claim arising in connection with the Services, a Homestay, or this Guest Agreement (including for negligence), American Homestay Network’s liability is limited in aggregate to Fees paid or payable in the 12 months immediately preceding the date on which the cause of action accrued.
8.5 Guests continually indemnify American Homestay Network from and against any loss, cost, damage, or claim (including third party claims) suffered or incurred by American Homestay Network in connection with a Guest’s breach of this Guest Agreement, except to the extent that any such loss, cost, damage, or claim is caused by a negligent act or omission of American Homestay Network.
9.1 Guests (or the agent or guardian of a guest) may terminate a Homestay immediately on notice to American Homestay Network at any time if the Host has committed a theft, damaged property, caused an injury or engaged in violent or threatening behavior (or any other behavior which reasonably makes the guest feel unsafe) in connection with the Homestay. In such circumstances, American Homestay Network will take all reasonable steps to relocate the guest to another Homestay, if required.
9.2 Guests in an Over 18 program (or the agent of the Guest) may (after the first two weeks of the Homestay) request to terminate the Homestay without having to give a reason by providing two weeks’ written notice to American Homestay Network and their Host. On receipt of such a termination request, American Homestay Network will update its systems to record that the Homestay will be terminated effective from the expiration of the notice period (being no earlier than four weeks from the commencement of the Homestay). Weekly fees are payable up to the date of termination.
9.3 A Guest may otherwise notify American Homestay Network of any complaint regarding a Host or Homestay at any time, and American Homestay Network will use commercially reasonable endeavors to resolve, or assist the Guest to resolve, the complaint.
9.4 For Guests enrolled in the Tuition Only or American Homestay Network Tuition plus Homestay Program, if the school expels the guest, American Homestay Network shall notify the guest and the guest’s parents or agent in writing of the guest’s duty to attend school in the US. At its discretion, American Homestay Network may send a copy of the notice to the parent(s) or guardian(s) to determine if there are any options to remain in the American Homestay Network program or in the US. If a guest is expelled or violates any law(s), and the American Homestay Network Management has determined that it warrants removal from the program, the guest will be sent back to his/her home country. IN THIS CASE, ALL FEES PAID TO American Homestay Network ARE FORFEITED AND WILL NOT BE RETURNED.
9.5 American Homestay Network may terminate a Homestay (before or after commencement) immediately on notice to a guest if:
a) Guest fails or ceases to satisfy the eligibility criteria;
b) the Home ceases to meet the requirements identified by American Homestay Network under clause 2.3; or
c) the Guest has not returned to the homestay by their scheduled return date and cannot be contacted in accordance with the American Homestay Network Room Holding Policy; or
d) American Homestay Network otherwise determines in its sole discretion that it is appropriate to terminate the Homestay immediately in response to a request from a Host or related party.
9.5 American Homestay Networ may terminate this Agreement due to violation of the Guest Code of Conduct at any time by written notice to the Guest, Agent, and the Guest’s Native Parents for Guests under age 18. Except in circumstances where the guest has violated applicable law, American Homestay Network will endeavor to provide as much notice as is reasonably possible to the extent circumstances permit advance notice, as determined at the discretion of American Homestay Network. Guest may terminate this Agreement with fourteen (14) days’ written notice to American Homestay Network. Guest notice requirements may be waived in emergency situations at the sole discretion of American Homestay Network. Termination of this Agreement will result in the Guest’s expulsion from the American Homestay Network Program. If this Agreement is terminated, then American Homestay Network will decide when and whether part of the American Homestay Network Program fee will be refunded to the Guest based on the Refund Policy.
9.6 Guests acknowledge that a Host may otherwise terminate a Homestay immediately on similar grounds to those outlined at clause 9.1 and otherwise at any time after the first four weeks of the Homestay on two weeks’ written notice to American Homestay Network.
9.7 Where a dispute arises and resolution cannot be achieved, American Homestay Network, at its discretion, may provide a change of homestay. A change in homestay may result in a $350 matching fee. (NOTE: American Homestay Network does not discriminate against individuals on the basis of race, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, veteran status, national or ethnic origin.).
10.1 Governing Law and Restitution
a) This Agreement shall be interpreted and construed in accordance with the laws of the State of California and should a claim be brought against American Homestay Network related to terms or conditions of the contract it shall be brought within a court of competent jurisdiction within the county of Fresno. Parent also consents to jurisdiction of any claims by American Homestay Network related to the terms or conditions of the contract by a court of competent jurisdiction within the county ofSan Luis Obispo,California.
b) Any controversy or claim arising out of or relating to this Agreement, which cannot be resolved by good faith discussions between us, may be submitted to voluntary non-binding mediation or litigation in accordance with the venue provisions in Section 20(a). However, before submitting any controversy or claim to arbitration or filing a complaint, the acting party shall give written notice to the other party at least three (3) months in advance of said action, and both parties shall make a good faith effort to resolve said dispute.
10. 2 Indemnification and Third-Party Claim
GUEST/PARENT/AGENT shall fully defend, indemnify, and hold harmless American Homestay Network, its shareholders, officers, directors, and other agents from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any acts, omissions, negligence, or willful misconduct on the part of American Homestay Network, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers arising out of this Agreement. This indemnification agreement applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses and any reimbursement to American Homestay Network for all legal fees, expenses, and costs incurred by it.
10.3 Attorney Laws and Fees
In the event of any suit, action, arbitration or other proceeding arising from or related to this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such suit, action, arbitration or other proceeding. In the event of a non-adjudicative settlement of litigation between the parties or a resolution of a dispute by arbitration, the term “prevailing party” shall be determined by that process.
10.4 No employment: Nothing in this Guest Agreement creates a relationship of joint venture, agency, partnership or employment between any of the parties.
10.5 Assignment: Guests cannot assign, transfer, or dispose of their rights or obligations under this Guest Agreement without the prior written consent of American Homestay Network.
10.6 Variation: American Homestay Network may vary or update this Guest Agreement at any time, but we will take reasonable steps to notify you of any changes.
10.7 Notices: Any notice or demand to be given or made under this Guest Agreement must be in writing and delivered to that party’s nominated address by mail, fax, or email (as applicable). Notice is effective on receipt by the addressee.
10.8 Governing law: This Guest Agreement is governed by the laws in the State of California and the parties irrevocably submit to the jurisdiction of the courts there.
10.9 Entire Agreement: This Guest Agreement contains the entire agreement between the parties, and supersedes and replaces any prior representations, negotiations, or agreements in respect of its subject matter.
10.10 Waiver: Any waiver of a right or remedy under this Guest Agreement will only be valid if the waiver is given in writing and signed by the party giving the waiver.
Failure by either party to strictly enforce any term or provision of this agreement shall not constitute waiver of such term or provision.
EACH PARTY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING FROM OR RELATED TO THIS AGREEMENT.
10.11 Severance: If any provision of this Guest Agreement is unenforceable, then that provision (or relevant part) may be severed without affecting the enforceability of any other provision.
11 Authority to Enter into agreement
Each party warrants that the individuals who have signed this Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective party.
In Witness Whereof, Client and American Homestay Network have executed this Agreement as of the date first herein above written.
[Client.Company]:I/(we) confirm that I/(we) have read, been fully informed, and understand this Agreement prior to signing it, and I am/(we are) aware that by signing this Agreement, I am/(we are) waiving legal rights which I/(we) may have against American Homestay Network and I/(we) understand that this document is written in English and may not be in my/our primary language and I/(we), by our signature(s), hereby acknowledge that we fully understand the content of this Agreement.
Date Reviewed: April 2020