Note: This policy is subject to change at any time. Please check all StudentRoomStay Concierge Policies on a regular basis for updates.
Welcome, we are StudentRoomStay Concierge (SRS Concierge). We operate the SRSC Homestay Management System; connect Hosts with Students; and provide Students, Hosts, and other parties to international student Homestay arrangements with world-class administrative and support Services.
You (a Student) have made a great choice to apply for a Homestay arrangement with an SRS Concierge registered Host (Homestay), an experience uniquely rewarding and enriching for every Student and Homestay family.
This Student Agreement governs your relationship with SRS Concierge in relation to any Homestay and any supply of Services by SRS Concierge. By applying to be a Student, you agree to be bound by the terms and conditions of this Student Agreement. If you are an agent acting on behalf of the Student, you must pass this information on to the Student and the Student’s Native Parents for Students under age 18.
In this Student Agreement, when we say:
Eligibility criteria: we mean the Student eligibility criteria described in clause 1.1;
Fees: we mean the fees payable to SRS Concierge for the services as described in clause 4, or as notified by SRS Concierge in writing from time to time, and any other costs or charges as agreed or required by law.
Student: we mean any international or domestic Student (such as student, intern, chaperone, etc.) placed with a Host in a Homestay by SRS Concierge.
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 SRS Concierge as a Host of the Homestay.
Policies: we mean the ,Website Terms and Conditions, the Student Code of Conduct, the Refund Policy, and any other policy notified to you by SRS Concierge from time to time, all of which form part of this Student 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 Students by SRS Concierge in accordance with this Student Agreement.
1.1 A Student must:
1.2 You must notify SRS Concierge immediately if you cease to satisfy the eligibility criteria. If at any time you fail or cease to satisfy the eligibility criteria, SRS Concierge reserves the right to reject your application, and/or immediately suspend or terminate this Student Agreement and any Homestay.
1.3 Applicants will be accepted as Students by SRS Concierge subject to fulfilment of the eligibility criteria, and otherwise at ASRS Concierge’s sole discretion. SRS Concierge may revoke acceptance of a Student application if the person is in breach of this Student Agreement, or at the request of that person or their legal guardian.
1.4 Once your application to be a Student is accepted by SRS Concierge, SRS Concierge will deliver the services.
1.5 All Students under the age of 18 must complete SRS Concierge’s online Student orientation prior to arriving at their Homestay. By participating in SRS Concierge homestay, Students confirm they have viewed and understand the orientation materials provided.
1.6 Students under the age of 18 must seek approval from their legal guardian/parent prior to signing the Student Agreement. The legal guardian/parent must be listed on the Student's application and will be contacted for confirmation and to sign required documentation.
2.1 In exchange for and subject to payment of the fees, SRS Concierge provides all Students with the following services:
2.2 All Homestays are arranged on a case-by-case basis and all Students 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 Student 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 Student, SRS Concierge will consider the following factors:
3.1 SRS Concierge warrants to Students that it will provide the Services with all due care and skill, in compliance with applicable laws.
3.2 Every Student continuously warrants to SRS Concierge that they:
4. Fees & Payment
4.1 Students must pay both a matching fee; and a weekly fee; (together, the Student Total Fees), in the amounts notified by SRS Concierge to the Student in writing from time to time. The weekly Fees are collected by SRS Concierge on behalf of the Host and will be remitted to the Host in accordance with the SRS Concierge Host Agreement, less Fees payable to SRS Concierge.
4.2 The Student Fees must be paid by credit card, PayPal or electronic funds transfer directly to SRS Concierge, or by any other means directed by SRS Concierge, by the due date(s) notified by SRS Concierge to the Student in writing. Students must not pay any part of the Fees directly to Hosts or any other party in respect of the Homestay.The Student/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 SRS Concierge before SRS Concierge can begin the Student/Homestay matching process. Students 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 Student cancels the Homestay before commencement, the initial payment will be fully or partially refunded in accordance with the SRS Concierge Refund Policy, which can be viewed at https://srsc.studentroomstay.com/policies/srs-concierge-refund-policy. 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 Termination, on termination of a Homestay, weekly fees that have been paid in advance will be refunded in accordance with the SRS Concierge Refund Policy which can be reviewed at https://srsc.studentroomstay.com/policies/srs-concierge-refund-policy. After the first two weeks in Homestay, if the Student terminates without sufficient notice (see clause 9), the Student will be liable to SRS Concierge for up to two times the weekly fee and for any other costs or expenses reasonably incurred by SRS Concierge in connection with the termination.
4.5 If the Student 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 SRS Concierge Room Holding Policy.
4.6 SRS Concierge will not be liable to the Host or any other person for the amount of any unpaid Student Fees owing to them.
4.7 From time to time SRS Concierge 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.
4.8 Details that apply to the SRS Concierge High School Program Premium Guardianship Program are noted below.
5. Confidentiality & Privacy
5.1 Students and SRS Concierge agree to keep confidential the terms of this Student Agreement and any information or material received in connection with this Student 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, STUDENT/PARENT/AGENT will not, without the prior written consent of SRS Concierge, either directly or indirectly, on STUDENT'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 SRS Concierge or any client or host family of SRS Concierge. 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 SRS Concierge to seek injunctive relief and damages. In any action brought by SRS Concierge 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 Student's Parents from discussing and/or promoting the SRS Concierge Program.
5.3 Students and SRS Concierge agree that they will not disclose any confidential information to any third party unless or until it:
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:
6. Student Conduct
6.1 Student is expected to follow their Educational Provider’s Student Handbook and SRS Concierge Student Code of Conduct and Host Family House rules while in SRS Concierge Homestay Program. Students must read and abide by the Student Code of Conduct which can be accessed at https://srsc.studentroomstay.com/policies/srs-concierge-student-code-of-conduct. Student's violation of the Student Code of Conduct may result in disciplinary action, up to and including immediate removal from the SRS Concierge Program and termination of the homestay in accordance with clause 9. Students who fail to comply may face expulsion after a disciplinary board review and may forfeit all school and homestay related fees.
6.2 For Students Under age 18, The Student and Student's Parents will be required to sign an acknowledgement of their understanding and agreement with the Student Code of Conduct as a condition of participation in the SRS Concierge Program, at the beginning of the Term and thereafter at any time during the Term that the Student Code of Conduct is amended.
7. Medical Care and Insurance
7.1 The Student acknowledges that it is the sole responsibility of the Student 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 Student’s visa, and that neither SRS Concierge nor the Host’s household insurance covers the Student’s belongings or liability.
7.2 During the Term, the Student may need to obtain local medical treatment or healthcare in the United States. For Students under age 18, to facilitate the provision of all necessary medical services, the Student’s Parents will be required to execute: (a) a Medical Authorization in favor of SRS Concierge, the Local Manager, and the adult members of the Host Family, in a form referred hereto as SRS Concierge MEDICAL AUTHORIZATION FORM; and (b) a Limited Power of Attorney in favor of SRS Concierge, the SRS Concierge’s Local Manager, and the adult members of the Host Family, in a form referred hereto as Limited Power of Attorney. The SRS Concierge’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, SRS Concierge Parents release SRS Concierge 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, Students 18 and younger must be enrolled in a U.S. health insurance plan and must be able to provide proof of insurance. The Student may participate in a health insurance plan offered by SRS Concierge and administered through a third-party provider selected by SRS Concierge (“Program Plan”), subject to plan eligibility requirements and timely payment of Program Plan premiums. Purchasing and enrolling in the Program Plan Student's Parents may instead elect to enroll Student in an alternate U.S. health insurance plan selected by the Student’s Parents (“Alternate Plan”). Students Parents/Agent shall submit the proof of enrollment of Alternate Plan to SRS Concierge 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 Student’s Parents enroll the Student in the Program Plan or the Alternate Plan, the Student’s Parents will be responsible for the cost of any medical expenses, liability or damage claims incurred by the Student that are not covered by their insurance plan. SRS Concierge will assume no responsibility for the administration, filing claims, or processing of payments associated with either the Program Plan or the Alternate Plan.
8.1 To the maximum extent permitted by law, SRS Concierge excludes all warranties not expressly provided in this Student 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 Student or Host), suffered by any person in connection with the Services, a Homestay, or this Student Agreement.
8.2 Nothing in this Student Agreement is intended to exclude any consumer guarantee applicable under the relevant Consumer Law, or term otherwise implied by law, which cannot be excluded. Students agree that, to the maximum extent permitted by law, any liability of SRS Concierge in connection with such a guarantee or implied term and in respect of any particular supply of Services is limited (at SRS Concierge 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, SRS Concierge does not assume the role of guardian for any Student under the age of 18 and does not take responsibility for the actions nor the care of any such student under this Student Agreement.
8.4 SRS Concierge is not the legal guardian of any Student under the age of 18 and does not take responsibility for the actions nor the care of any such Student under this Student Agreement. SRS Concierge only provides guardianship service to act as the Student’s temporary guardian for medical emergency purposes while the Student studies in the US for students under age 18 who are registered under the Standard or Premium Guardianship Homestay programs. SRS Concierge will act as the local point of contact on the behalf of parents for the Student's medical needs. Parents must sign a guardianship form before the Student arrives to the US. As used herein, guardianship is defined as the authority to make medical decisions on behalf of Student as further described in the SRS Concierge Guardianship and Authorization Form attached hereto. No further rights, obligations and/or responsibilities should be construed by the term guardianship.
8.5 Subject to clauses 8.1 and 8.3, to the extent that SRS Concierge otherwise has any liability for any loss, cost, damage, or claim arising in connection with the Services, a Homestay, or this Student Agreement (including for negligence), SRS Concierge'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.
8.6 Students continually indemnify SRS Concierge from and against any loss, cost, damage, or claim (including third party claims) suffered or incurred by SRS Concierge in connection with a Student's breach of this Student Agreement, except to the extent that any such loss, cost, damage, or claim is caused by a negligent act or omission of SRS Concierge.
9.1 Students (or the agent or guardian of a student) may terminate a Homestay immediately on notice to SRS Concierge 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 student feel unsafe) in connection with the Homestay. In such circumstances, SRS Concierge will take all reasonable steps to relocate the Student to another Homestay, if required.
9.2 Students in an Over 18 program (or the agent of the Students) 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 SRS Concierge and their Host. On receipt of such a termination request, SRS Concierge 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 Student may otherwise notify SRS Concierge of any complaint regarding a Host or Homestay at any time, and SRS Concierge will use commercially reasonable endeavors to resolve, or assist the Student to resolve, the complaint.
9.4 For Students enrolled in the Tuition Only or SRS Concierge Tuition plus Homestay Program, if the school expels the Student, SRS Concierge shall notify the Student and the Student’s parents or agent in writing of the Student’s duty to attend school in the US. At its discretion, SRS Concierge 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 SRS Concierge program or in the US. If a Student is expelled or violates any law(s), and the SRS Concierge Management has determined that it warrants removal from the program, the Student will be sent back to his/her home country. IN THIS CASE, ALL FEES PAID TO SRS Concierge ARE FORFEITED AND WILL NOT BE RETURNED.
9.5 SRS Concierge may terminate a Homestay (before or after commencement) immediately on notice to a Student if:
9.6 SRS Concierge may terminate this Agreement due to violation of the Student Code of Conduct at any time by written notice to the Student, Agent, and the Student's Native Parents for Students under age 18. Except in circumstances where the Student has violated applicable law, SRS Concierge will endeavor to provide as much notice as is reasonably possible to the extent circumstances permit advance notice, as determined at the discretion of SRS Concierge. The Student may terminate this Agreement with fourteen (14) days’ written notice to SRS Concierge. Student notice requirement may be waived in emergency situations at the sole discretion of SRS Concierge. Termination of this Agreement will result in the Student’s expulsion from the SRS Concierge Program. If this Agreement is terminated, then SRS Concierge will decide when and whether part of the SRS Concierge Program fee will be refunded to the Student based on the “Refund Policy”.
9.7 Students 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 SRS Concierge.
9.8 Where a dispute arises and resolution cannot be achieved, SRS Concierge, at its discretion, may provide a change of homestay. A change in homestay may result in a $350 matching fee. (NOTE: SRS Concierge 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).
9.9 A valid reason must be provided in order for an SRS Concierge High School Program homestay to be terminated. Homestay changes will not be considered within the first 30 days of arrival with the exception of the reasons outlined in Clause 9.1. The Student must have made an effort to resolve any issues with their Host, or in cases where the Student cannot communicate with the Host, the Student must have contacted their SRS Concierge Coordinator for assistance. If the Student and the SRS Concierge Coordinator decide it is best for them to change accommodation, the SRS Concierge Coordinator will find a new homestay for the Student.
Examples of valid reasons include:
10.1 Governing Law and Restitution
10.2 Indemnification and Third Party Claim
STUDENT/PARENT/AGENT shall fully defend, indemnify, and hold harmless SRS Concierge, 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 SRS Concierge, 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 SRS Concierge for all legal fees, expenses, and costs incurred by it.
IN CONSIDERATION FOR FACILITATING PARTICIPATION IN THE PROGRAM DESCRIBED ABOVE, Student/Parent/Agent shall WAIVE, RELEASE, AND DISCHARGE SRS Concierge and any related or affiliated companies, host families, partners, or organizations, as well as its respective officers, employees, host families, agents, representatives, and volunteers (individually and in their official capacities) from any and all claims, judgments, and liability for any injury, including but not limited to personal injury and death, or damage to property, including but not limited to total loss, arising out of or in any manner, including negligence, related to my participation in Activities. I agree to indemnify, defend, and hold harmless SRS Concierge and any related or affiliated companies, host families, organizations, as well as its respective officers, employees, agents, representatives, and volunteers (individually and in their official capacities) from any and all liability, losses, damages, judgments, or expenses, including attorneys’ fees, that they may incur or sustain in connection with traveling by any means, public or private, within the United States.
Student/Parent/Agent shall FURTHER AGREE TO INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE SRS Concierge and any related or affiliated companies, host families, partners, or organizations, as well as their respective officers, employees, host families, agents, representatives, and volunteers (individually and in their official capacities) from any and all liabilities or claims made as a result of my participation in Activities, whether caused by negligence or otherwise. I acknowledge that SRS Concierge, host families, and its officers, employees, host families, agents, and volunteers (individually and in their official capacities) are not responsible for the errors, omissions, acts, or failures to act of any party or entity conducting an Activity on their behalf. I agree, promise, and covenant not to sue, or assert any claim against SRS Concierge for any reason whatsoever arising from or in any way connected with my participation in any Activity or from any claim brought against me by other Activity participants or third parties. Student/Parent/Agent also understands that this agreement binds him/her/them and his/her/their family, estate, and/or heirs.
10.3 Media Consent and Release
Throughout the school year, students may be highlighted in efforts to share students’ academic and social lives with the natural parents, and to engage students in schools and communities. For example, the student’s information and/or photo/video may appear in SRS Concierge social media posts, on the SRS Concierge website, other SRS Concierge social media platforms, or on SRS Concierge marketing materials. These materials will be used to showcase the success of the student during his/her American study and homestay.
Student/Parent/Agent hereby consents to the participation interviews, and the taking of photographs, movies or video of the Student/Guest named below.
Student/Parent/Agent also grants to SRS Concierge, its employees, local managers and coordinators, and authorized media organizations the right to edit, use, and reuse said products including use in print, on the internet, and all other forms of media.
10.4 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.
10.5 No employment: Nothing in this Student Agreement creates a relationship of joint venture, agency, partnership or employment between any of the parties.
10.6 Assignment: Student cannot assign, transfer, or dispose of their rights or obligations under this Student Agreement without the prior written consent of SRS Concierge.
10.7 Variation: SRS Concierge may vary or update this SRS Concierge Agreement at any time, but we will take reasonable steps to notify you of any changes.
10.8 Notices: Any notice or demand to be given or made under this SRS Concierge 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.
10.9 Governing law: This SRS Concierge Agreement is governed by the laws in the State of California and the parties irrevocably submit to the jurisdiction of the courts there.
10.10 Entire agreement: This Student Agreement contains the entire agreement between the parties, and supersedes and replaces any prior representations, negotiations, or agreements in respect of its subject matter. This Agreement, together with the documents referred to in this Agreement, constitutes the entire agreement between the parties with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral. Any modifications to this Agreement may only be done in writing and must be signed and authorized by SRS Concierge Board of Directors. To the extent that any provision herein is deemed unenforceable, all remaining provisions of this Agreement shall remain in full force and effect.
10.11 Waiver: Any waiver of a right or remedy under this Student 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.
10.12 Severance: If any provision of this Student Agreement is unenforceable, then that provision (or relevant part) may be severed without affecting the enforceability of any other provision.
10.13 Survival of Terms Those provisions of this Agreement that, by their nature, are intended to survive any expiration or termination of this Agreement shall so survive.
10.14 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.
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 SRS Concierge have executed this Agreement as of the date signed by the Student/Parent/Agent.
[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 SRS Concierge and I/(we) understand that this document is written in English and may not be in my/our primary language and I/(we), acknowledge that we fully understand the content of this Agreement.
Updated August 15, 2020