LEGAL CONTRACT
AGREEMENT
ENTERED INTO BETWEEN:
Sent to Applicant after approval
Fill in his details
Payment schedule
Dates for course
Assign him his intake number
Lighthouse Enterprises Tanzania Limited t/a ODYSSEY TANZANIA and represented herein by
Chris Horsfall, he being duly authorised by Board of Directors (referred to hereunder as "ODYSSEY")
and _____________________________________________
(full names of Applicant, hereunder referred to as "Applicant")
________________________________, nationality ______________________________
(Passport / Identity Number of Applicant)
duly assisted herein by his natural/iegal guardian ("the guardian")
_______________________________________________
(full names of Applicant's Guardian)
________________________________
(Passport/ Identity Number of Applicant's Guardian)
of the following physical address: ______________________________________________
(referred to hereunder as the "Parent and or Guardian")
Parent/Guardian: ______________________
Witness 1: ___________________________
Witness 2: ___________________________
1. PREAMBLE
1.1. ODYSSEY and the Applicant are referred to as the "Parties" in this agreement.
1.2. ODYSSEY offers a bridging life skills and coaching programme for young people
comprising of the activities, excursions, courses and workshops specified in the ODYSSEY Syllabus.
1.3. The Applicant has applied to ODYSSEY for participation in the programme to be
presented in the 2024 intake starting in ________________________________(start date), which application has been accepted subject to the terms and conditions stated below.
1.4. The Applicant has accepted those terms and conditions by signing this
document which will constitute the contract between the parties and will be binding on them.
2. COMMENCEMENT
This contract comes into operation on the date of signing and/or the deposit of funds whichever comes first.
3. DUTIES AND COMMITMENT OF ODYSSEY
3.1. Provide the Applicant with board and lodging and three meals per day for the duration of the programme and;
3.2. Secure the services of suitably qualified instructors and facilitators to present
the training modules and excursions included in the syllabus and;
3.3. Provide boat/kayak or vehicular transfers to convey the Applicant to venues where activities incidental to the programme take place and;
3.4. Use its best endeavours to equip the Applicant with the life skills referred to in
the syllabus and promote the personal growth, maturity and self-confidence of the Applicant and;
3.5. Endeavor to ensure that a minimum of eighty percent of the programme
schedule is available to the Applicant.
4. DUTIES AND COMMITMENT OF APPLICANT
4.1. Apply and commit himself diligently to acquiring the skills and knowledge
offered by the training courses and programme and;
4.2. Co-operate fully with ODYSSEY management, the other Applicants, instructors and
facilitators at all times and;
4.3. Obey all reasonable and lawful instructions from staff, facilitators, instructors
and team leaders and;
4.4. Refrain from anything which is deemed to undermine the morale or sow dissension amongst Applicants or harm the reputation of ODYSSEY and;
4.5. Engage with enthusiasm and commitment in the programme and make every
effort to promote an esprit de corps and team spirit among all Applicants and;
4.6. Obey and follow all the standing rules of ODYSSEY.
5. PAYMENT
5.1. The Applicant shall pay the programme fee in the amount and in accordance
with the payment plan Annexure "A"
5.2. Should the Applicant fail to make payments in accordance with the payment plan and having been duly requested by ODYSSEY to remedy the arrears, ODYSSEY reserves the right to terminate the agreement and recover any outstanding amounts due.
5.3. Should the Applicant fail to participate in the programme, the processing
deposit is non-refundable under any circumstances.
5.4. If the place offered is cancelled due to circumstances clearly beyond the
Applicant's control, a full refund will be made.
5.5. I undertake to furnish applicant with $1,000 in cash to be used for purchases outside of usual needs, the balance not used the applicant will return home with.
6. EXTRA COSTS
6.1. The parties acknowledge the possibility that there may be extra costs including
but not confined to:
6.1.1. Personal expenses, National Park fees, additional visa fees, optional
tours, extra tuition, social events, equipment damages, special transport or additional courses and workshops and;
6.1.2. emergency expenses such as medical and hospital costs, ambulance or
evacuation services or other unforeseen items;
6.2. In the case of optional expenses as mentioned in 6.1.1 above details will be
furnished to the Applicant in advance and if he agrees to such item the costs involved will be payable within fourteen (14) days.
6.3. In the case of emergency expenses as set out in 6.1.2 the Applicant and his
guardian irrevocably authorize ODYSSEY to disburse the amounts required when the need arises and these amounts will be refundable to ODYSSEY on demand.
7. SURETYSHIP
The Applicant's guardian, the said _________________________________, as above
hereby binds himself/herself as the surety and co-principal debtor in solidum with the Applicant for due and prompt payment of all amounts owing to ODYSSEY in terms of this agreement and for purposes of this Deed of Suretyship hereby renounces the benefits of exclusion and division, debatement of accounts and any other legal exceptions which might otherwise have been available to the surety and he/she declares that he/she knows and understands the meaning and full force and effect of such benefits.
8. PROOF OF AMOUNT DUE
8.1. The amount of the indebtedness of the Applicant and surety to ODYSSEY at any time including interest, the rate of interest and the method of calculation thereof shall be determined and conclusively proved by a certificate under the signature of any one member of ODYSSEY.
8.2. It shall not be necessary to prove the appointment or signature of such
member. Such certificate will be valid against the Applicant and the surety in any competent court for purposes of obtaining summary judgment thereon.
9. PREMATURE WITHDRAWAL
9.1. Should the Applicant voluntarily withdraw before the end of the programme he
will remain liable for payment for the full fees for the programme.
9.1.1. The Applicant will however have the right in deserving cases to make
representations to ODYSSEY management for a partial refund and such representations will be considered on their merits.
9.1.2. The decision of whether or not to make any refund will be in the sole and
absolute discretion of ODYSSEY and should they decide to do so it will be on a purely ex gratia basis.
10. TERMINATION OF THE AGREEMENT, (Ronald please check this)
The Applicant acknowledges that this agreement could be terminated subject but not limited to the following:
10.1 Intoxication, possession or use of illegal drugs of any description
10.2 Theft or fraud or any other unlawful conduct.
10.3 Non-payment of fees as per Annexure A
10.4. Leaving the premises without consent
10.5. Disrespectful conduct to other participants, staff or Tanzanians in adjacent villages
10.6. Any behaviour unbecoming of Odyssey Participants
10.7. Fighting
Termination will be subject to the following procedure:
If charged with any of the above under Clause 10, an immediate meeting with any Senior staff and the participant in question
Consultation will always be sought, in the hope of finding a path to speedy resolution and remorse, whereby Management might Grant the participant in a Final Notice.
Final Notice will run for the remainder of the course
On final Notice, if the participant is found to be in breach again, instant dismissal will be
All costs involved for transport and any remedial costs incurred because of this termination will be passed to the Guardian under Clause 6
11. DAMAGES
Should the behavior of the Applicant during the programme be disruptive or such as to undermine the success of the programme or prejudice other Applicants, ODYSSEY will discuss such problems with the Applicant in a counselling session;
If, however, this does not have the desired effect and should ODYSSEY, be of the opinion that the behavior or demeanor of the Applicant is incompatible with the ideals of the programme to such an extent that his further participation has become intolerable, ODYSSEY will be entitled to expel the Applicant.
Vis majore - An outbreak of a pandemic or any other similar act, which makes the continuance of the ODYSSEY programme, within the stipulated time period, impossible and/or unviable to either of the parties.
Any other reason, not specifically mentioned above, which, in the Opinion of ODYSSEY, makes the continued presence of Applicant at ODYSSEY incompatible with ODYSSEY principles and ideals
Should the Applicant cause damage to any of the ODYSSEY's assets or property due to wrongful, negligent or unlawful conduct he will be liable to ODYSSEY to make good the
loss.
12. INDEMNITY
12.1. GENERAL
Whilst every effort will be made to ensure the safety and well-being of the Applicant, Applicant and his guardian do acknowledge the following:
12.1.1 That there is an element of risk in some of the modules and
activities which form part of the programme.
12.1.2 That these risks are fully explained to him beforehand in plain
and understandable language and his specific attention drawn to them.
12.1.3 That he and (his guardian) have put their initials at the end of
this clause, to confirm that his attention has indeed been drawn to this clause and its implications fully explained;
12.1.4 The Applicant and his guardian hereby indemnify ODYSSEY, the
Lighthouse Board of Directors and its members and employees against any claims for loss of property, personal injuries, illness, death or accidents which might occur during the programme. The Applicant and his guardian further acknowledge that he shall participate in all curriculum activities at his own risk.
Applicant______________________ Guardian _________________________
(initial here) (initial here)
COVID-19 OR ANY OTHER PANDEMIC.
The Applicant and his guardian further indemnify ODYSSEY, the Lighthouse board of directors and its members and employees against any claims for illness, deaths, or any other loss which may occur to the Applicant during the course of the programme as a result of Applicant contracting the Coronavirus or any other virus or pandemic, which Applicant and his guardian confirm is binding on them and which he and his guardian have signed voluntarily.
NO RIGHT OF ACTION
Applicant and his guardian accept that he and his guardian shall have no right of action against ODYSSEY, the Lighthouse Board of Directors, its members and employees for any damage or injury or illness or death suffered by him through the fault or negligence of ODYSSEY or its Officers or employees. Applicant and his guardian further reiterate and acknowledge that he shall participate in all curriculum activities at his own risk without liability whatsoever to ODYSSEY, the Lighthouse Board of Directors, and its members and employees.
Applicant______________________ Guardian _________________________
(initial here) (initial here)
13. SYLLABUS CHANGES
13.1. ODYSSEY reserves the right to change the programme schedule or the facilitators as deemed necessary to ensure the maximum value to the programme and the Applicants.
13.2.
The parties acknowledge that the programme schedule, courses and workshops are subject to availability, weather and time constraints.
14. SOUND RECORDINGS, VIDEO AND PHOTOGRAPHIC MATERIAL
The Applicant and his guardian hereby consent to the use by ODYSSEY for promotional purposes of sound recordings, video and photographic material of the Applicant depicting his activities during the course and he will have no claim against ODYSSEY arising from the use of such material.
15. ADDRESS OF SERVICE
The Applicant (and his guardian) accepts that the address listed on page of this Agreement, shall serve as Applicant's domicilium citandi et executandi or address of service for anything done in connection with and/ or pertaining to this Agreement. It shall be Applicant's obligation to advise ODYSSEY in writing, should he wish to change that address and ensure that such advice does reach and is acknowledged by ODYSSEY.
16. ARBITRATION
Should any dispute or claim arise between the parties concerning this Agreement, the parties shall use all their reasonable endeavours to resolve the dispute by negotiation, failing which, the dispute shall be referred to Arbitration in terms of the Arbitration Act under the laws of the United Republic of Tanzania (Ronald please check this)
17. NON WAIVER
No relaxation, indulgence or extension which ODYSSEY may show or allow to the Applicant shall, in any way, prejudice ODYSSEY's strict rights under this Agreement and, der, Jebu
in particular, no acceptance by ODYSSEY of the payments after the due date thereof shall be construed as a waiver by ODYSSEY of their rights hereunder.
18. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties and no amendments or representations whatsoever will be of any force or effect unless committed in writing and signed by all parties.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND THAT I HAVE SIGNED THIS AGREEMENT VOLUNTARILY AND THAT THE AGREEMENT IS BINDING UPON ME AND MY REPRESENTATIVES.
APPLICANT __________________________________
DATED _____________________at place:____________________________
AS WITNESSES
1. ______________________________ Dated:______________________
2. ______________________________ Dated:______________________
APPLICANT
(Duly assisted by his guardian) being the parent/legal guardian of
__________________________ (applicant), agree that I assisted him in signing this Agreement and that I read and understood it and fully agree with its terms. I also agree that it is binding on me and my son and that we signed it voluntarily.
DATED _____________________________ Place:___________________________
_______________________________________________
PARENT/LEGAL GUARDIAN
AS WITNESSES
1. ___________________________________
2. ___________________________________
FOR ODYSSEY
_______________________________________
Christopher David Horsfall
Managing Director
Plot #3, Kipili Village, Rukwa, Tanzania
+255 757299 371
ANNEXE A
Annexe A outlines the payment options available through ODYSSEY Tanzania and under this agreement.
Payments require student's name to be referenced.
Adventure Course. Elite Course
Deposit to secure position (50%) GBP 1,925 GBP 4,925
2nd Payment, 30 days before the intake date (30%). GBP 1,155 GBP 2,955
3rd Payment, 2 months after start date (20%). GBP 770 GBP 1,970
TOTAL. GBP 3,850. GBP 9,850
Start Date of Programme:_______________________________________
End Date of Programme:_________________________________________
Intake Reference Number:_______________________________________
Applicant Reference Number:____________________________________
Account Payment Details:
Account Name: Lighthouse Enterprises Tz Ltd, (please note-Odyssey is a Trading Name Under this Holding Company)
Bank: NBC (National Bank of Commerce), Tanzania
Branch: Sumbawanga
Branch Code: 015-032
Swift Code: NLCBTZTX
Postal Address for NBC Bank: P O Box 140, Sumbawanga, Rukwa, Tanzania
Physical Address for NBC Bank: Mbeya Road, Sumbawanga, Rukwa, Tanzania
Account Number: 032105000152
Postal Address for Lighthouse Enterprises: P O Box 448, Sumbawanga, Rukwa, Tanzania
Physical Address for Lighthouse Enterprises: Plot 3, Kipili Village, Lake Tanganyika
Please send proof of payment to odysseytanzania@gmail.com referencing the Student’s name.
Many thanks for signing up with ODYSSEY Tanzania