J-1 Camp Counselor 2024 Terms & Conditions
4.1 The Participant agrees and acknowledges that their place on the Programme is subject to the prompt and timely payment of the Fees in accordance with this Clause 4.
4.2 The program fee payment to the Company of €99 is non-refundable subject to Clause 10.3 (the “Deposit”).
4.3 The program fee covers the costs and expenses associated with the processing and administrative work carried out in reviewing and accepting applications for the Programme. This payment is also necessary to reserve a place in the US Sponsors’ J-1 Summer Work Travel allocation, pending approval. It is not linked to any outcome in relation to whether any Participant will or will not receive a J-1 Visa, or travel to the U.S. Subject to Clause 10.3, if a Participant chooses to withdraw his or her application, or if his or her application does not proceed for any reason this payment will not be refunded to the Participant under any circumstances.
4.4 Any dates referenced in these Terms and Conditions are subject to change at the Company’s discretion and are estimates only of the time required to process applications in full. These dates are subject always to Travel Restrictions and any other event of Force Majeure which may delay the Participant’s travel plans and application or cause these dates to change. The Company will notify the Participants of the final cut-off date for the 2024 Programme in order to allow applications to be processed in accordance with these Terms and Conditions. Any Fees paid are subject to these Terms and Conditions.
4.5 Any promotional offer is not considered to be accepted by the Company until such a time as the program fee has been paid by the Participant and confirmation of same has been issued by the Company.
4.6 The program fee is inclusive of the third party health insurance cover, which will only be effective from the date of the Participant’s arrival in the U.S., in accordance with the dates prescribed by the DS 2019. The insurance included in your Programme Fees is legally required by the US State Department as part of your Programme. Participants may purchase their own additional levels of travel/medical insurance should they require it. Any claim or potential claim is a matter between the Participant and the third party insurer only.
4.7 Participants are responsible for any third party Embassy interview fee $160.
5. VISA DENIAL
If a Participant’s application for a J-1 Visa is rejected by the US Embassy for any reason other than for the reasons set out in Clause 11.2, the Participant will be entitled to a refund of 50% of the Total Fee to be transferred to the Participant by the Company within fourteen (14) days of the rejection notice issued to the Participant by the Company.
6. PARTICIPANT PROGRAMME OBLIGATIONS
The Participant warrants and agrees that their eligibility and involvement in the Programme is contingent on the Participant abiding by the following:
6.1 Eligibility
(a) A person will be deemed to be eligible for the Programme should they meet the requirements set out in these Terms and Conditions and meet the description of a Participant;
(b) A Participant is not eligible to apply for another J-1 Visa if previously the Participant has been terminated from this Programme or any other programme the purpose of which is connected to the J-1 Visa.
(d) The Participant agrees and acknowledges that the U.S. Sponsor considers criteria including but not limited to the following:
(i) the Participant application packet materials;
(ii) age;
(iii) education background;
(iv) work experience;
(v) English language fluency;
(vi) physical and mental health;
(vii) references;
(viii) essay; and
(ix) personal interviews in determining whether to admit the Participant into the Programme.
The U.S. Sponsor reserves the right to refuse approval to a Participant that the U.S. Sponsor, in its sole and absolute discretion, deems unacceptable.
6.2 Obligations of the Participant
(a) The Participant is able to speak, read, and understand conversational English at a level that is sufficient to function on a day-to-day basis in the employment environment;
(b) The Participant is in good health (both physical and mental) and can see no reason why the Participant’s health would be a barrier to success on the Programme;
(c) The Participant has received information regarding health insurance coverage and is aware of the coverage and limitations thereof;
(d) The Participant will obey all U.S. federal, state, and local laws and will abide by all of the regulations of the J-1 Visa as they may be amended from time to time;
(e) The Participant will attend in-person/online orientation sessions in the Participant’s Home Country and in the U.S.;
(f) Any illegal use of drugs or alcohol, or abuse of harmful controlled substances or illegal possession of drugs, alcohol, or controlled substances will result in the Participant’s immediate repatriation;
(g) The Participant agrees and acknowledges that the Programme provides an overall understanding of American business practices and gives Participants the opportunity to travel throughout the U.S.;
(h) The Participant will comply with employers’ rules and respect the dress code of the Host Company;
(i) The Participant will carry out the duties and responsibilities of the position, which the U.S. Sponsor has approved. It is the Participant’s responsibility to advise the U.S. Sponsor of any significant problems regarding health, safety, welfare, adjustment to the training, culture, language, etc;
(j) The Participant read the list of non-approvable employment provided by the U.S. Sponsor and as set out in Clause 7 and agrees and acknowledges that working in one of these industries or positions compromises the Participant’s J-1 Visa and that visa will be terminated by the U.S. Sponsor;
(k) The Participant agrees and acknowledges that any employment must be approved by the U.S. Sponsor before commencing same. As part of the approval process the Participant will assist in gaining proof of business license or similar document regarding the employer; and
(l) The Participant can show proof of at least US$1500 that will be used to support the Participant during the first month of the Programme and prior to entry to the U.S.
6.3 Issue Notification and Resolution
(a) It is the responsibility of a Participant to notify the US Sponsor of any significant problems during the Programme. The US Sponsor will attempt to resolve such problems. If the Participant violates any of these Terms and Conditions, the US Sponsor may, in its sole and absolute discretion, terminate the Participant’s involvement in the Programme, cancelling their J-1 Visa. The Participant will have to depart the U.S. at his/her own expense;
(b) The Participant agrees and acknowledges that the Programme is temporary and the duration of the Programme and the expiry is stated on the DS 2019 (“DS 2019 Expiry”);
(c) The Participant agrees and acknowledges that within thirty (30) days of DS 2019 Expiry, the Participant must return to their home country (“ Expiry Period”) unless the Participant is terminated from the Programme for breach of these Terms and Conditions or for any violation of the sponsor rules governing Programme and U.S. Sponsor in their sole discretion requests that the Participant depart the U.S. immediately (“ Immediate Termination”);
(d) During the Expiry Period the Participant may not work or receive training of any kind;
(f) The Participant will be wholly liable for a property damages and must settle all damages prior to departing the U.S;
(h) The Participant agrees and acknowledges that failure to comply with Programme rules or giving misleading information may result in Programme dismissal and immediate termination of the J-1 Visa.
6.4 Compliance with J-1 Visa and Programme Requirements
(a) The Participant agrees and acknowledges that if the Participant fails to maintain J-1 Visa status, this could result in serious consequences and may affect a Participant’s ability to remain in or return to the U.S;
(b) The Participant agrees and acknowledges the rules of this Programme as detailed in these Terms and Conditions and any other rules and regulations as defined by the U.S. Sponsor, the U.S. State Department or any other law or rule as enacted in the U.S. , Ireland or elsewhere that is applicable to these Terms and Conditions and the Programme;
(c) The Participant agrees and acknowledges that the U.S. Sponsor sponsorship authorises the Participant to participate in the Programme at the Camp that the U.S. Sponsor has approved;
(d) The Participant declares that he or she has no intention of remaining in the U.S. following the Expiry Period;
(e) In order to activate the Participant’s J-1 Visa, the Participant must contact the U.S. Sponsor within one (1) Business Day upon arrival to the U.S. in order to give the U.S. Sponsor the following information:
(i) contact information of the Participant;
(ii) copy of the Participant’s passport and J-1 Visa stamp; and
(iii) the DS 2019.
(f) The Participant agrees and acknowledges that it is a condition of the Programme to update the U.S. Sponsor when the Participant completes the J-1 Camp Counselor job and begins any travel experience;
(h) The Participant agrees and acknowledges that it is a condition of the Programme that at the DS 2019 Expiry, the Participant must update the U.S. Sponsor on their intended return date to the Home Country and update the U.S. Sponsor of any deviation from that date;
(i) The Participant agrees and acknowledges that it is a condition of the Programme that the Participant must be available to receive a monthly call (or emergency call) from the U.S. Sponsor;
(j) The Participant agrees and acknowledges that the U.S. Sponsor, in its sole and absolute discretion, reserves the right to terminate Participant’s sponsorship, and the Participant agrees to depart the U.S. at the Participant’s own expense, within ten (10) days of such termination notice, unless the Participant is the subject of Immediate Termination, in which case the Participant will leave immediately; and
(k) The Participant agrees and acknowledges that failure to engage in the J-1 Camp Counselor job or any early departure from that job, without prior approval by the U.S. Sponsor, could lead to Programme termination, in which case the Participant must depart from the U.S. at the Participant’s own expense within ten (10) days of receiving such notice.
6.5 Participant Acknowledgements
(a) The Participant agrees and acknowledges that only the Participant that may contact J1 Ireland regarding their J-1 Summer Work Travel application and that J1 Ireland will not accept communications or enquiries from third parties regarding the participant’s application.
(b) The Participant agrees and acknowledges that all matters, processes and instructions related to the US Embassy J-1 Visa appointment and processing of J-1 visa are independent of J1 Ireland.
(c) The Participant agrees and acknowledges that it is obliged to respond to all correspondence sent by J-1 Ireland and designated J-1 sponsor to complete all required forms and documents and provide all J-1 program and related information when requested
(d) The Participant agrees and acknowledges that failure to observe any of the terms and conditions of J1 Ireland and its partnered J-1 sponsors or any of the rules of the J-1 Summer Work and Travel program could result in the termination of their participation in the program
7. PARTICIPANT CANCELLATION
10.1 If the Participant wishes to cancel following the payment of program fee the Participant must notify the Company by email using the same email address that was registered with the Company through the registration process.
10.2 Subject to Clause 10.3, the Participant agrees and acknowledges that the program fee to the Company are non-refundable.
10.3 A fourteen (14) day cooling off period will be applied to the program fee payment and the Participant has a right to cancel without giving any reason. The Participant must submit a Cancellation Request within fourteen days of payment in order to avail of a rebate from the Company. If the Participant submits a Cancellation Request within the fourteen (14) day period, J1 Ireland will reimburse the Deposit to the Participant without undue delay and in any event not later than fourteen (14) days from the day on which the Participant informs J1 Ireland of a decision to cancel. This reimbursement will be carried out using the same means of payment the Participant used when making the Deposit.
8. COMPANY CANCELLATION
8.1 The Company reserves the right to cancel the Participant’s application or involvement in the Programme should the Participant breach any of these Terms and Conditions or should the Company receive a recommendation by the U.S. Sponsor to cancel the Participant’s application or involvement in the Programme.
8.2 The Company shall not be liable for a failure or delay in performing any of its obligations hereunder, if the failure or delay is occasioned by an event beyond the reasonable control of such party, including but not limited to fire, explosion, flood, war, act of terrorism, act of God, accident, interruption of or delay in transportation, labour dispute, strike, suspension of operations or works (other than of such party’s employees, agents or sub-contractors), government action, riot or rebellion, pandemic, any consequence of the Covid-19 pandemic or any other pandemic or epidemic, including Travel Restrictions, presidential proclamations or executive order (such circumstances to be “Force Majeure”).
8.3 Where, during an event of Force Majeure, the Company cannot proceed with the Programme the Company will not be liable for any failure to process J-1 Visa applications on behalf of the Participants or any other action as set-out in these Terms and Conditions.
8.4 Subject to Clause 8.6 and the Company’s right to cancel, if the Programme is cancelled by reason of Force Majeure, the Company will make reasonable efforts to offer the Participant a place on the next available Programme subject always to the Participant’s continuing eligibility for a J-1 Visa. Any Fees paid will be deferred to the next available Programme. Please note the deferred payments will be subject to any changes made to these Terms and Conditions including but not limited to any increase in the Fees or any additional obligations of the Participant.
8.5 If the Programme is cancelled or suspended by reason of Force Majeure, after the Final Payment has been received by the Company prior to the Programme commencement date, as prescribed by the DS 2019 and the Participant notifies the Company that he or she does not wish to avail of the deferral outlined in Clause 8.4, the Participant will receive a 50% refund of the program fee.
8.6 Where Force Majeure continues for a period of two months or longer from the date of the conclusion of the contract, the Company shall be entitled to terminate these Terms and Conditions.
8.7 J1 Ireland and its partnered J-1 Sponsors endeavour to provide its clients with a timely, efficient service in a professional and courteous manner. J-1 visa applicants are expected to treat representatives of J1 Ireland and its J-1 Sponsors with respect and dignity. Any behaviour deemed disrespectful or abusive towards said representatives will not be accepted and J1 Ireland and its J-1 Sponsors reserve the right to cancel any customers from their booked programme without refund arising from such behaviour.
9. GENERAL
9.1 Entire Agreement
These Terms and Conditions constitute the entire understanding of the parties with respect to the matters contained herein and supersedes any previous written or oral agreement between the parties. Except for changes required by the U.S. Department of State or any other government agency with authority over J1 Ireland or the J-1 Visa, these Terms and Conditions may only be altered or amended in writing by J1 Ireland and any such amendments will be effective immediately.
9.2 Assignment
These Terms and Conditions cannot be assigned or transferred.
9.3 Notices
(a) Any notices or other communication under these Terms and Conditions shall only be effective if it is in writing and in English or accompanied by a properly prepared translation into English. Any notice or other communication under these Terms and Conditions that is delivered by fax shall not be effective for any purpose.
(b) Any notice or other communication given or made under these Terms and Conditions shall be addressed as provided in this clause and, if so addressed, shall, in the absence of earlier receipt, be deemed to have been duly given or made as follows:
(i) if sent by personal delivery, on delivery at the address of the relevant party;
(ii) if sent by commercial courier, on delivery at the address of the relevant party;
(iii) if sent by pre-paid post, two (2) clear days after the date of posting; or
(iv) if sent by email, when sent.
9.4 Waiver
The failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of the right to subsequently enforce each and every provision of these Terms and Conditions.
9.5 Severance
(a) If at any time any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:
(i) the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions; or
(ii) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms and Conditions.
(b) If any invalid, unenforceable or illegal provision of these Terms and Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
9.6 Limitation on Liability
(a) J1 Ireland, its officers, management, employees, and affiliates will not be held liable for any damage, injury, loss, delay, accident, or expense in connection with the Participant’s involvement in Programme or that is caused directly or indirectly by the Participant or that the Participant contributes to.
(b) J1 Ireland will not be liable to the Participant or to any third party for any consequential or indirect damages or losses.
(c) The Company’s liability shall be no greater than its role as a facilitator of the J-1 Visa and no greater than the amount of the Fees the Participant has paid to J1 Ireland in connection with Programme and nothing herein creates a duty or obligation on J1 Ireland other than any liability that cannot lawfully be excluded or limited in accordance with the laws of Ireland.
(d) The U.S. Embassy issues a J-1 Visa purely at its own discretion. J1Ireland and the U.S. Sponsor do not accept any responsibility in cases where a visa is denied.
(e) J-1 Ireland and the U.S. Sponsor are not responsible for any delays in booking US Embassy interview or the U.S. Embassy processing the visa.
(f) J1 Ireland and the U.S. Sponsor cannot be held responsible for any extra expenses incurred due to delays on the part of the Participants in submitting required supporting documentation.
(g) All job offers submitted must be vetted and approved by the U.S. Sponsor. J1 Ireland cannot be held responsible for any extra expenses due to delays in employer answers calls, responding to emails, or supplying up to date business licence and workers’ compensation documents as part of the vetting process.
9.7 Data Protection
J1 Ireland complies with the applicable requirements of the EU’s General Data Protection Regulation (EU) 2016/679 and the Data Protection Act 2018, as may be amended from time to time. For more information on the processing of personal data by J1 Ireland see its privacy policy, available on its website.
9.8 Governing Law, Jurisdiction And Dispute Resolution
(a) The Company and the Participant will at first instance in good faith attempt to resolve any dispute arising under or connection with these Terms and Conditions.
(b) These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland and the Courts of Ireland shall have non-exclusive jurisdiction in relation to any matter arising therefrom (including any non-contractual disputes or claims).
(c) This Clause 12 will continue in force following the cancellation or termination of these Terms and Conditions.
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