exchange participant contract v6 february 2014

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Exchange Participant Contract Exchange Participant Contract - AIESEC Australia Ltd v6

EP Initials:

EXCHANGE PARTICIPANT CONTRACT

The AIESEC Local Committee in: ………………………………………………………….

Exchange Participant’s (EP) Name: ………………………………………………………

Other names known by (if any): …………………………………………………………

Nationality (as stated in passport): ……………………………………………………

Date of birth: ……………………………………………………………………………

Permanent address: …………………………………………………………………….

………………………………………………………………………………………………

E-mail: …………………………………………………………………………………….

Review Criteria for Exchange Participants

I agree that I fulfil the following minimum criteria (all boxes must be checked):

I have knowledge of AIESEC, its vision, purpose, its objectives and its activities I have developed the necessary competencies required to go on internship I have the adaptability, awareness and maturity to handle the challenges of an internship in a different country/territory and culture I have official written proof of my academic background and language proficiency levels and have passed relevant language tests where needed I will attend the Preparation Seminar provided by AIESEC I have the ability to cover travel and other related costs (e.g. visa, insurance) to the location of the internship I am matched to I will provide proof of travel insurance to cover m y stay in my exchange destination

I will facilitate the quality measurement of my internship through filling in AIESEC measurement forms I have read and understood the Exchange Program Policies (XPP), accept its conditions and agree to follow them at all times (the latest version of XPP can be found at

http://www.myaiesec.net/content/viewfile.do?contentid=10257027

Exchange Programme Selection

Global Community Development Programme (GCDP) – A GCDP experience is an opportunity to

develop entrepreneurial and responsible leadership by creating direct positive impact through an international volunteer experience. This includes internships that involve working with NGOs or underprivileged communities.

Global Internship Programme (GIP) – A GIP experience is an opportunity to develop entrepreneurial and responsible leadership by living a cross-cultural professional development experience. This includes internships related to business, education and technology, such as marketing, accounting, HR, teaching, engineering, etc.

As a participant in the AIESEC exchange program, we direct that you keep a copy of this contract with you to remind yourself of your responsibilities, the responsibilities of the Sending and Hosting Local Committees, the company/organisation you have been matched to, and AIESEC Australia Ltd.



Statement of Understanding

1.0 Agreement

1.1 The Exchange Participant enters into this contract understanding that the relationship with and role performed by Sending Local Committee is purely a facilitatory role and that the Sending Local Committee does not provide in any way any promise, guarantee or undertaking to the Exchange Participant regarding a successful placement

1.2 The Exchange Participant confirms and accepts that AIESEC Australia Ltd and the Sending

Local Committee do not and cannot guarantee any service or placement of the Hosting Local Committee or placement generally.

1.3 The Sending Local Committee and AIESEC Australia Ltd reserves the right to cancel this contract if at any given time it has information to satisfy itself that that any information provided to the Sending Local Committee or AIESEC Australia Ltd by the Exchange Participant is false, misleading, erroneous or different from the truth.

2.0 Selection

2.1 Before participating in AIESEC’s exchange program and becoming an EP, an individual must pass a selection interview comprising of at least one AIESEC representative and at least one external representative. This is referred to as a Member Review Board (MRB).

2.2 If an Exchange Participant is taking a second exchange under the same programme (GCDP or

GIP), the Exchange Participant is not required to re-sit the Member Review Board again.

2.0 Financial Agreement

2.1 If the Exchange Participant selected to participate in the Global Community Development Programme (GCDP), they are required to pay a $700 fee to the Sending Local Committee to cover AIESEC’s administration costs to deliver this exchange.

2.2 If the Exchange Participant selected to participate in the Global Internship Programme (GIP), they are required to pay a $850 fee to the Sending Local Committee to cover AIESEC’s administration costs to deliver this exchange.

2.3 Once the Exchange Participant has signed the Exchange Participant Contract, they will have 2 weeks (14 days) to pay their relevant fee. Failure to comply with these terms will result in an involuntary and immediate withdrawal from the program, unless an alternative arrangement has been made with the AIESEC Local Committee.

2.4 The Exchange Participant understands that the fees paid are non-refundable and to cover administrative costs as incurred by AIESEC Local Committee and AIESEC Australia Ltd

2.4.1 The fees may be refunded on the discretion of AIESEC Australia Ltd when the Exchange Participant experiences serious health or family related problems that hinder the Exchange Participant from going on an internship.

2.5 The fee is broken up into two parts: (1) 55% to the Sending Local Committee and (2) 45% to AIESEC Australia Ltd.

3.0 Documentation

3.1 The Exchange Participant is required to provide any language certificates necessary (for languages other than their native tongue), a photocopy of their passport; a copy of their academic transcript and an up-to-date resume. This documentation must be handed in prior to or with the final payment otherwise the Exchange Participant’s forms will not be administered.

4.0 Matching to an Internship

4.1 An Exchange Participant will not be able to change their selected exchange programme once all Exchange Participant fees have been paid, and their online EP Form has been uploaded onto MyAIESEC.net.

4.2 If an Exchange Participant wishes to change their exchange programme selection, they must submit a request to the Outgoing Exchange Director and Local Committee President.

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Exchange Participant Contract EP Initials: Exchange Participant Contract - AIESEC Australia Ltd v6

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4.2.1 In the case that the change of exchange programmes is approved, and the administration fee for the new exchange programme is lower than the one originally selected, no refund will be issued.

4.2.2 In the case that the change in exchange pool is approved, and the administration

fee for the new exchange programme is higher than the one originally selected, the Exchange Participant must pay the difference before the exchange programme can be changed.

4.3 The Exchange Participant must endeavour to get matched to an internship within a six (6)

month period of passing the Member Review Board. 4.4 If the Exchange Participant is not matched to an internship after the initial six (6) month period

outlined in 4.3, the Exchange Participant is no longer eligible to participate in the AIESEC exchange program under this current contract, and will not be entitled to a refund unless prior written arrangements have been made with the AIESEC Local Committee and a Director of AIESEC Australia Ltd. In certain circumstances a maximum of three (3) month extension may be granted.

4.5 If the Exchange Participant still wants to go on an AIESEC exchange after the 6 month period; and where no prior arrangements have been made with the AIESEC Local Committee, they will be required to:

4.5.1 Reapply for the AIESEC exchange program and be subject to standard selection procedures

4.5.2 Re-sit a Member Review Road 4.5.3 Pay further fees in full 4.5.4 Resubmit all documentation

5.0 Preparation

5.1 An Exchange Participant must participate in any events or activities organised or required by the Sending Local Committee associated with the preparation of their internship.

5.2 If an Exchange Participant is not able to attend an event or activity organised by the Sending Local Committee, the Exchange Participant must seek written permission from the Sending Local Committee by contacting the Sending Local Committee to re-arrange, at the discretion of the Sending Local Committee, another or alternative time for this activity.

6.0 Dispute Resolution

6.1 An Exchange Participant agrees and consents to undertake the following dispute resolution

process 6.2 In the event that an Exchange Participant feels that AIESEC Australia Ltd or the Sending Local

Committee has not met the requirements of this contract, the following process will apply: 6.2.1 Where the complaint is against an AIESEC Australia Local Committee, the

Exchange Participant will first try to remedy the issue with the Local Committee in good faith. Any claim is to be provided in writing outlining the reasons for the claim.

6.2.2 In the event that a suitable solution is not obtained from step 1, the Exchange Participant may submit a full outline of their complaint, in writing, to AIESEC Australia Ltd. AIESEC Australia Ltd will consider their application and provide a response, including a decision within 14 days.

6.2.3 In the event that any party considers that a suitable solution is not obtained from step 2, the Exchange Participant may choose to submit an application to the AIESEC Australia Exchange Quality Subcommittee at either July or January National Conference. In order to access this process the Exchange Participant must submit a written request to do so to AIESEC Australia Ltd. Requests received less than 28 days before the next National Conference may be considered at the conference after next. Such notice is at AIESEC Australia’s discretion.

6.3 In the event that an Exchange Participant has a grievance against AIESEC in another country, the following process will apply:

6.3.1 The Exchange Participant will follow AIESEC’s complaints process as documented in the current version of the Exchange Program Policies.

6.3.2 In the event that the complaint is of a serious nature and the Exchange Participant is

unable to resolve their complaint in a timely manner through AIESEC’s complaints process, they may ask the relevant Director of AIESEC Australia Ltd for authorisation to end their internship prematurely. Provision of this authorisation to the Exchange Participant in writing effectively releases the Exchange Participant

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from all obligations under this contract. The Exchange Participant fee originally paid to the AIESEC Australia Local Committee, or AIESEC Australia Ltd, may be refunded at the Director’s discretion.

6.4 In the event that the relevant Director of AIESEC Australia Ltd authorises the Exchange

Participant to return home, and the Exchange Participant wishes to raise a formal complaint against their Hosting Local Committee, the Sending Local Committee will assist the Exchange Participant in making this complaint.

6.5 Any claims made by the Exchange Participant pursuant to this agreement are to be made to

AIESEC Australia Ltd.

7.0 Other Conditions

7.1 The Exchange Participant agrees that AIESEC Australia Ltd or other AIESEC entity may give the Exchange Participants personal information (including the resume, academic background, the EP Form) to organisations participating in the AIESEC exchange program. This information can only be used for finding a suitable candidate for the position offered by the organisation.

7.2 Situations not outlined in this contract will be governed by Exchange Program Policies. 7.3 In case of a conflict between this contract and Exchange Program Policies, this contract takes

precedence. 7.4 The term of this contract is 6 months from the date of signing. If the Exchange Participant is

matched to an internship placement within that time then the contract will automatically be extended until the last day of the month after the end of the internship.

7.5 Any changes to this contract need to be done in writing and signed by both parties.

8.0 Definitions 8.1 This deed is governed by the laws of the state of New South W ales, and the parties, submit to

the non-exclusive jurisdiction of the courts of that State.

In the interpretation of this deed (a) “EP” means Exchange Participant, the person going on an internship overseas. (b) “TN” means Traineeship Nominee, the company or organisation providing a placement to

the Exchange Participant. (c) “LC” means Local Committee, a university chapter of AIESEC. (d) “Sending LC” means the AIESEC Australia Local Committee specified on this contract as

sending the Exchange Participant overseas (also referred to in this contract as “AIESEC Local Committee”). If the Exchange Participant has never had any dealings with a Local Committee, this is AIESEC Australia Ltd.

(e) “Hosting LC”, means the foreign Local Committee who has organised the TN that the intern is working with.

(f) “XPP” means the Exchange Program Policies which all parties involved in the exchange program must adhere to.

(g) “MyAIESEC.net” is the online platform used by AIESEC to manage the exchange program and every Exchange Participant will have access to the system.

(h) “EP Form” is a standardised form published on MyAIESEC.net that includes personal and professional information about the Exchange Participant and is used for applying to internships. In order to participate in the exchange program a complete EP Form has to be filled out and will be approved by AIESEC Australia Ltd before being published.

(i) “ÖPS” means Outgoing preparation Seminar. Compulsory event for every Exchange Participant

(j) “Serious nature” in paragraph 6.3.2 means a. The Exchange Participant has no job role in the country b. The Exchange Participant’s personal safety is at risk.

(k) references to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under, the legislation;

(l) words denoting the singular include the plural and vice versa; words denoting individuals or persons include bodies corporate and vice versa; references to documents or agreements also mean those documents or agreement as changed, novated or replaced, and words denoting one gender include all genders;

(m) grammatical forms of defined words or phrases have corresponding meanings; (n) parties must perform their obligations on the dates and times fixed by reference to the capital

city of the state of New South W ales;


EP Initials:

(o) reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;

(p) if the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;

(q) obligations under this deed affecting more than one party bind them jointly and each of them severally.

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Roles & Responsibilities

(a) The aim of the internship shall be to provide the intern with: A positive learning experience; Practical skills and knowledge in a foreign environment to complement the intern’s higher educational

background or field of career aspirations; Interaction with a different social and cultural environment with a view to gaining intercultural

competencies; Development of theoretical and practical leadership skills; Opportunity to apply personal and professional skills, knowledge, attitudes and values to work for the

organization as well as the host communities; Develop awareness and knowledge of social issues and different practices of the sending and hosting

country; Opportunity to contribute to personal and professional life goals.

(b) The aim of the internship is not: To provide an opportunity that the sole purpose is earning money; To provide a holiday; To act as a permanent career placement or recruitment opportunity. If the organization decides to

extend the internship on a permanent basis, AIESEC will have no role in facilitating this; To provide a resident in the country of internship.

(c) Role of the Sending Local Committee Organise a Member Review Board. Assist EP in filling in the required forms and entering them in MyAIESEC.net. Assist EP in finding a match in MyAIESEC.net. Inform and advise the EP about other available opportunities, and support EP in determining other

options. Prepare the EP for the internship experience according to the definition of adequate preparation in the

Exchange Program Policies (XPP). Advise and assist EP in acquiring the required documentation and legal papers (i.e. work permit, visa,

residence permit, insurance and other requirements). Maintain communication with the EP throughout the duration of the internship. Prepare opportunities for re-integration of the EP upon return from his/her internship as per the

definition of adequate re-integration in the XPP. Expectation setting with the EP before internship, and evaluation/measurement during and after the

internship. Provide EP with a copy of Exchange Program Policies (XPP) and assist in understanding of the XPP.

(d) Responsibilities and Obligations of the Exchange Participant Complete and enter the EP Form in MyAIESEC.net. Provide true and accurate information relating to and have written proof of the academic background,

working experience and language proficiency level(s) as stated on the EP Form. Pay the necessary fees to participate in the AIESEC exchange program as outlined in paragraph 2 of

the Statement of Understanding. Participate in and pass a Member Review Board organised by the Sending Local Committees. Attend preparation events and complete the preparation requirements of the sending country and

territory according to the preparation standards in the Exchange Program Policies. Acquire the necessary legal documents to participate in an internship in the foreign country (visa,

insurance, working permit and other required documents). The EP shall incur all expenses. Incur all expenses related to transportation to the host country or territory. Arrive in their city in which their first day of work is located at least 24 hours before their first day of

work. Ensure that he/she is acquiring adequate insurance, medical certifications, working & residence

permits, and flight arrangements for the internship. Have enough money to cover his/her living expenses for the first four weeks of the internship or,

where no salary will be provided, for the entire duration of the internship. Ensure that he/she has a return ticket to his/her home. Maintain communication with the Sending and Hosting Local Committees throughout the internship.

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Inform the Sending Local Committee if he/she becomes unavailable for an internship, or if he/she is looking into other opportunities.

Prepare to give presentations about his/her country and culture to company/organisation employees, AIESEC members, and other audiences.

Behave in terms of cultural, religious, ethical norms, national or local law and other policies that exist in the country of internship.

Search himself/herself for the information related to life conditions in the host country to be aware of any potential risks in the country or local areas. The Exchange Participant has the sole responsibility to take those risks.

Complete and submit an internship evaluation/measurement form before, during and after the internship and a report at the end of the internship. Give AIESEC feedback about the internship experience and how such exchanges could be improved in the future.

Complete their job role competently, and fulfil all requirements of their employment contract (if such a contract exists). This does not apply where the job role is materially different from the role advertised on MyAIESEC.net, and due to these differences the Exchange Participant is not capable of completing their role.

Resolve any complaints with the Sending Local Committee, Hosting Local Committee and/or AIESEC Australia Ltd before bringing any formal complaints against them.

Follow at all times the policies outlined in Exchange Program Policies.

Follow the Privacy Policy of MyAIESEC.net and refrain from exporting information about Interns/Organisations to other platforms.

Agree not to contact any organisation participating in the AIESEC exchange program without prior consent from the Hosting Local Committee.

(e) Limit of liability AIESEC Australia Ltd, the Sending Local Committee and the Hosting Local Committee may only be

held liable for their personal respective responsibilities as described in Exchange Program Policies. In particular (but not limited to) AIESEC Australia Ltd, the Sending Local Committee or the Hosting

Local Committee shall never be held liable: o In case of refusal from the authorities to provide a visa, work permit or any other legal

document or authorisation needed by the individual to participate in the internship;

o In case of false, inaccurate or incorrect information provided by the Intern or the Organisation resulting in the match/internship;

o In case of accident incurred by the Intern during the internship; o In case of damages caused by the Intern to the Organisation or to any third party during the

internship;

o In case of damages or loss of any working material (e.g. laptop, camera, cell phone, etc.) provided to the Intern by the Organisation for work purposes;

o For any consequential or indirect damages, including loss of income or profits.

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Agreement and execution of the parties to the agreement

Official Signatures

On behalf of AIESEC Australia Ltd by its authorised officers pursuant to s127 of the Corporations Act. ABN: 75 002 882 055

Authorised Signature: Authorised Signature:

Name: Name:

Position: Position:

Date: Date:

Confirmation of Understanding and Agreement

I understand and agree with the Statement of Understanding and Roles & Responsibilities outlined in this contract, and m y execution confirms that I have checked this form and any annexures thoroughly and confirm that all information stated on m y “Exchange Participant Resume” (EP Form) and “Exchange Participant Contract” and the contents are true and correct in every detail.

I understand that any costs, damages or claims incurred by AIESEC Organisations due to any false or misleading statements by me can be recovered from me by way of liquidated damages in a Court of competent jurisdiction.

N.B. Please initial all pages and annexures to confirm your acceptance of this acknowledgement.

Signature:

Exchange Participant’s Name:

Date:

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exchange participant contract v6 february 2014

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