Oriental Pearl TV Tower, Shanghai Nissan Factory Tour Nanjing Road, Shanghai Orfalea College of Business in cooperation with Cal Poly Continuing Education Orfalea College Establishing International Supply Chains (BUS 304) Intersession Course APPLICATION AND RELEASE FORM Cal Poly Student Tour - China 1 Orfalea College of Business & Cal Poly Continuing Education Orfalea College Establishing International Supply Chains (BUS 304) Intersession Course Date of Field Trip to Shanghai: March 16/17, 2012 to March 24, 2012 (tentative) Faculty Coordinator/Professor: Chris A. Carr, JD (Cal Poly, San Luis Obispo) Faculty bio: http://www.cob.calpoly.edu/faculty/chris-carr/ Welcome and thank you for your interest in the Orfalea College’s Establishing International Supply Chains course (BUS 304)! Participating students will earn 4 quarter units of academic credit while traveling to the People’s Republic of China as part of this course, for an eight day field trip in Shanghai (3 days travel; 5 full days on-the-ground). The following materials provide you with basic information, an overview of the application process, the application itself, and the various legal forms required for participation in the course and trip if you are accepted into the course. The following materials also highlight pertinent deadlines and payment schedules in preparation and planning for the course and tour. Note: A Course Syllabus, Information Booklet, and an Expectations & Frequently Asked Questions Document (“FAQ Document”) were previously provided or made available to you. You are expected to have read those three documents, in detail, prior to reading and processing the following materials. 2 Orfalea College of Business & Cal Poly Continuing Education Orfalea College Establishing International Supply Chains (BUS 304) Intersession Course Date of Field Trip to Shanghai: March 16/17, 2012 to March 24, 2012 (tentative) Application Process – Overview This is a business course available to Orfalea College students for application and enrollment. Students from other colleges and programs will also be considered for application and enrollment on a discretionary basis. Students wishing to participate must also submit the following completed items, along with their initial nonrefundable deposit and payment of $300.00 USD, to Cal Poly Continuing Education by 4:00 pm of Friday, October 21, 2011. Page ___ contains the Payment Receipt Forms you can fill out and return to Continuing Education with your initial deposit and final payment. Signed Application and Registration Form – pg. ____ Signed Cancellation and Refund of Fees Policy – pg. __ Signed Agreement between Cal Poly, SLO and Student Participant – pg. ___ Signed Medical Information and Authorization Form – pg. ___ Signed Assumption of Risk and Release Agreement – pg. _____ If you are not accepted into the course your $300 will be returned to you (and only in that instance). You should have your valid passport in hand no later than December 2, 2011 (you will obtain your China visa later). Students accepted to participate in this course and tour must then submit the remaining $1500.00 USD nonrefundable balance for the course and tour to Cal Poly Continuing Education no later than Friday, January 13, 2012. Students accepted to participate in the course and tour will also be expected to monitor and keep up to date, review and comply with the following: Any updates provided to them re: the Course Syllabus, Information Booklet, and/or the Expectations & FAQ Document (again, see and refer to those three documents previously made available to you). Any travel advisories applicable to this tour from the U.S. State Department, World Health Organization, and/or Center for Disease Control, posted on their respective web sites. All requests for additional information they receive from Cal Poly Continuing Education and/or the Orfalea College. Any notice of any mandatory pre-departure meeting. 3 Participants may also be contacted by Cal Poly Continuing Education and/or the Orfalea College for additional information and/or materials. Students should anticipate, among other things, contact regarding making sure they have obtained their passport and the required Chinese tourist visa. It is important that students regularly check and closely read the email they have designated as their Cal Poly email account as course information will often be sent to them via that email address. If you have set it up so that an email sent to your Cal Poly.edu address is then forwarded to another email account, please check and make sure your filter on that forwarding email account permit your Cal Poly email and information to come through. I.e., check and adjust your filter settings! Registration and Payment Delivery (location and mailing address) Cal Poly Continuing Education Jespersen Hall (Building 116), Room 101 California Polytechnic State University San Luis Obispo, CA 93407-0442 Continuing Education Telephone Number: (805) 756 2053 *** You can mail in the completed and signed materials required by this Application and Release (with your $300 non-refundable deposit) or hand-deliver them to Cal Poly Continuing Education (recommended), but either way they must be RECEIVED by Cal Poly Continuing Education no later than 4:00 pm of Friday, October 21, 2011. Passport and Chinese Tourist Visa A passport AND Chinese tourist visa are required for travel to China. It will be your responsibility to obtain both documents in a timely manner. See the Information Booklet for these details and how/when to obtain these needed trip documents in a timely manner. 4 Application and Registration Form Orfalea College Establishing International Supply Chains (BUS 304) Intersession Course Date of Field Trip to Shanghai: March 16/17, 2012 to March 24, 2012 (tentative) Note that this particular document is an application and registration form, and you are applying for a spot in this course and on this trip. It is not a guarantee of acceptance or a spot on the trip. You are not accepted into this course and trip until all of the requisite forms have been submitted, reviewed and approved by Cal Poly Continuing Education and the Orfalea College. You will be notified by the Professor for the course (or his designee) of your acceptance (or not) into the course and trip, no later than Monday, November 14, 2011. _____________________ Empl. ID /Student ID ________________ Birth Date _________ Age ______________ Gender: M/F Name _________________________________________________________________ Last Name First Name Middle Current (Local) Address __________________________________________________ Street Number Street Name Apartment __________________________________________________ City State Zip Code Cell Phone _________________________ Message Phone ___________________ Home phone ________________________ Cal Poly Email Address (we will use this to email you information) _________________________ Other email address you use (Gmail, Hotmail, other) ____________________________________ (if your Cal Poly.edu email forwards to this email, please check your filter to make sure your emails from Cal Poly are received and come through) 5 To enhance efficiency, can we release your phone number and/or e-mail address to other students enrolled in the course and tour? Yes ____ No ____ What is your country of citizenship? __________________________________________________ Emergency Contact Information Name of Person ________________________________________________________________ Last Name First Name Middle Their Relationship to You ______________________________________________________ Their Address ________________________________________________________________ Street Number Street Name Apartment ______________________________________________________________ City State Zip Code Their Home Number _________________________ Their Work Number _______________ Their Cell Phone ____________________________ Their E-mail _____________________ Your Major or Concentration If you have declared your major or concentration, what is it? ________________________________ If you have not declared one, what is your intended major or concentration? ____________________ _________________________________________________________________________________ Your GPA What is your Cal Poly GPA? _________________ What is your GPA in your major? ________________ 6 Your Background and Interest in this Course What is your interest in the supply chain area (briefly)? _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ What is your interest in China (briefly)? _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Please briefly explain any international experience or background you have. _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Why do you want to participate in this course (briefly)? _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Coursework Have you taken an economics course at Cal Poly, other, or in junior college? Yes ____ No ____ If yes, what was the course(s) and what grade did you receive in the course? _________________ _______________________________________________________________________________ 7 Winter Quarter On-Campus Meetings The syllabus notes that the on-campus portion and meetings of this course will take place Winter quarter, and one day a week, on Fridays from 1:00 PM to 4:00 PM (this is tentative). For a class like this we will either meet on that day and time, or, in the evening during another day of the week (or on Friday morning). Do you understand this and are you willing to work with this game plan? ____ Yes ____ No What is your preference for when those once a week, three hour, class meetings take place during the Winter quarter? (List your top three choices – 1, 2, 3, with 1 being your first choice. Your Professor will do his best to accommodate the majority of people and their preferences, find a room we can meet in, etc. Note that not everybody may get his or her first choice. As the host of Project Runway notes, “Work with me people.”) ____ Friday afternoon (1 pm to 4 pm) ____ Friday morning (9 am to 12 pm) ____ Monday evening (6 pm to 9 pm) ____ Tuesday evening (6 pm to 9 pm) ____ Wednesday evening (6 pm to 9 pm) ____ Thursday evening (6 pm to 9 pm) ____ Other -- list the day and time you would like: _____________________________________ Anything else you want us to know/your additional comments re: when you would like this class to meet during Winter quarter, and why? _______________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Special Dietary Needs, Allergies and/or Medical Conditions: If you have special dietary needs for/on the field trip to China please identify them: _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Allergies, Pre-Existing Medical Conditions, Other That May Impact You On This Trip and/or When Travelling Abroad (attach separate sheet if necessary): _________________________________________________________________________________ _________________________________________________________________________________ ________________________________________________________________________________ 8 Passport and Visa Information 1. Do you have a passport? ? Yes ____ No ____ 2. If you answered “yes” to question No. 1 above, what is your passport number, is it a US passport (or other and if other what nationality), and when does your passport expire? Note that if you do not have a passport or your passport will be expired before September 30, 2012, you will need to apply for a passport or a new passport as soon as possible. To apply for a passport for the first time, you need to go in person to one of over 9,000 passport acceptance facilities located throughout the United States. Many post offices, including the post office in San Luis Obispo located on Madonna Road, accept passport applications. You will need the passport application (which you can find on-line) with two photographs of yourself, proof of U.S. citizenship (birth certificate, naturalization certificate, etc.), and a valid form of photo identification such as a driver’s license. Additional information on the passport application process can be found at the following link: http://travel.state.gov/passport/passport_1738.html 3. If you do NOT have a US passport, are you a US citizen? Yes ____ No ____ If you answered “yes” to question No. 3 above, then you can ignore question Nos. 4-9 below. But if you answered “no to question No. 3 above you must continue on and answer and complete the below. 4. Are you a US permanent resident (do you have a "green card')? ? Yes ____ No ____ If you answered “Yes” to question No. 4 above, please answer question Nos. 5-6 below. If you answered “no” to question No. 4 above, please answer question Nos. 7-9 below. 5. When was your permanent resident card issued and when does it expire (month, day and year)? _________________________________________________________________________________ _________________________________________________________________________________ 6. What is your US permanent resident (Alien) number? ________________________________ 7. What is your US visa type? __________________________________________________ 8. What is your US visa number? ________________________________________________ 9. What is your US visa issuance and expiration date? _________________________________ ________________________________________________________________________________ ________________________________________________________________________________ 9 Payment Receipt Forms (submit with your initial nonrefundable payment and final nonrefundable payment) Establishing International Supply Chains (BUS 304) Intersession Course Date of Field Trip to Shanghai: March 16/17, 2012 to March 24, 2012 (tentative) -------------------------------------------------------------------------------------------------------------------------------------Receipt/Payment No. 1: $300.00 USD Non-Refundable Deposit Payment due to Continuing Education by 4:00 PM of Friday, October 21, 2011 Shanghai 2012 Payment Method: Check # _________________________ Amount __________________________ VISA/MC/AMEX/DISC: Account # _________________ Expiration Date: _______________________ Signature _________________________________________________Date____________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- Receipt/Payment No. 2: Remaining Non-Refundable Balance and Payment due to Continuing Education by 4:00 PM of Friday, January 13, 2012: Shanghai 2012 Payment Method: Check # _________________________ Amount _________________________ VISA/MC/AMEX/DISC: Account # _________________ Expiration Date: _____________________ Signature _________________________________________________Date__________________ ------------------------------------------------------------------------------------------------------------------------------------ 10 Orfalea College of Business & Cal Poly Continuing Education Orfalea College Establishing International Supply Chains (BUS 304) Intersession Course Date of Field Trip to Shanghai: March 16/17, 2012 to March 24, 2012 (tentative) Cancellation and Refund of Fees Policy I have read and acknowledge acceptance of the terms of the cancellation and refund policy as follows: “I understand that should I cancel or withdraw from the course and tour after being accepted to participate, regardless of the reason, I will receive no refund of the $300.00 USD non-refundable payment I must make to Cal Poly Continuing Education on or before Friday, October 21, 2011. I also understand that should I cancel or withdraw from the course and tour (regardless of the reason), I will receive no refund of any fees paid including; the initial $300.00 deposit, the cost of my airplane ticket, the remaining balance for the course and tour that is due in January 2012, and my passport or Chinese visa fees. I also understand that if I am denied travel related documents from either the U.S. or Chinese government due to my failure to supply requested information in a timely manner and/or my own untimely application for said documents I will receive no refund of payment(s) made. I also understand that if my application to participate in this course and trip is not accepted, I will receive a refund of the initial $300.00 deposit.” ________________________________________ Student Signature _______________ Date 11 Orfalea College of Business & Cal Poly Continuing Education Orfalea College Establishing International Supply Chains (BUS 304) Intersession Course Date of Field Trip to Shanghai: March 16/17, 2012 to March 24, 2012 (tentative) Agreement between California Polytechnic State University, San Luis Obispo and Student Participant This agreement is entered into on behalf of the Trustees of the California State University and California Polytechnic State University, San Luis Obispo, collectively referred to as “University” and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , hereinafter referred to as “Student”. [Print Student Name Here] University and Student agree as follows: VOLUNTARY PARTICIPATION Student acknowledges that the Orfalea College’s Establishing International Supply Chains course (BUS 304) is an elective course and therefore participation is optional and voluntary. PROFESSIONALISM, PERFORMANCE, CONDUCT AND SANCTIONS Student understands and agrees to attend and participate in all classes, excursions and/or meetings and/or activities that are a part of the course and tour. Further, student has read Addendum A attached hereto, which is hereby incorporated into this agreement by this reference, and also agrees to properly conduct himself or herself in conformance with said Addendum at all times during the course and tour. Any violation of these standards and expectations of professionalism, performance and/or conduct during the course and trip may lead to sanctions being imposed, including, but not limited to, one or more of the following: A reduced grade for the course, including the award of a “B”, “C”, “D” or “F”, and with no refund of monies paid. Suspension or expulsion from the course and tour, and with no refund of monies paid; and/or 12 Being taken to a nearby airport and being sent home early from the field trip, and with no refund of monies paid. Student acknowledges and agrees that the Professor has the discretion to make this decision and will be the final and exclusive authority re: the determination of any violation of the standards of professionalism, performance and conduct noted in Addendum A. In said case, student acknowledges that said Professor will issue a verbal warning to the student no more than two (2) times. Student agrees that if the student’s misconduct continues for a second time, then one or more of the above sanctions may be imposed. Student further agrees that if the conduct at issue is egregious enough as determined by said Professor, the Professor can immediately elect to impose one of more of the sanctions noted above. Being Sent Home: Student further acknowledges and agrees that should the Professor make the decision to send said student home early during the field trip, the student will be transported to a nearby airport (to be determined by the Professor), have the student purchase a one way ticket back to the US with their own credit card or funds, and send said student back to the departing airport in the US. Student acknowledges and understands that the price of this ticket will be substantial (e.g., potentially in the thousands of dollars). Student further acknowledges and agrees that if he/she refuses to pay for said air/hotel/room and/or food charges, the Professor can elect to do so and will then turn collection of that amount over to Cal Poly upon his return to the US, which may include: (1) the filing of a legal collection action against the student; (2) attaching the student’s wages from their employer; and/or (3) withholding the granting of their degree, registration and/or other university services. Further, in addition to the above noted sanctions, student further acknowledges and agrees that said misconduct and/or unprofessionalism can also result in the following disciplinary measures being taken against him or her: Expulsion from their undergraduate program; and/or Not being awarded their undergraduate or other degree Student also understands and agrees that their student records and/or student disciplinary records may be accessed and reviewed by the Professor (or his/her agents) for the course and tour. UNIVERSITY SERVICES The University shall provide appropriate academic supervision for the course and tour offered and shall grant academic credit for the successful satisfactory completion of said course and tour and all required deliverables. The University reserves the right to cancel and/or modify the course and tour at its discretion where student interest, availability of adequate faculty or resources, or other relevant criteria indicate such cancellation or modification to be appropriate. ACADEMIC PROGRAM Student agrees that he or she will expend his or her best efforts in successfully completing all of the academic requirements for the course and tour in a timely manner. COURSE FEE AND TOUR SUPPORT Course Fee -- $1,800.00 USD. Said fee assumes a currency exchange rate of 6.5 RMB to 1 USD, and it includes: Tuition for the four unit course, and, the University, College, and Continuing Education overhead incurred in the planning, offering and execution of this course and trip Scheduled hotel accommodation in Shanghai (including breakfasts, taxes and Internet in your room; note that if you require your own room you can expect to pay an additional/single room surcharge in the range of $400 USD) Hotel conference or other meeting rooms we will use/rent for our meetings and activities 13 Scheduled transportation in Shanghai (i.e., bus airport pick up and drop off for the group flight (only), and the bus to and from our various firm visits) Scheduled lunches in Shanghai Speaker and firm gifts and honorariums Emergency Travel Insurance (this is required by the University and we will obtain this for you after you enroll in the course) Note: Should the above noted currency exchange rate shift the amount of this course fee may be adjusted. ITEMS AND SERVICES NOT COVERED BY THE COURSE FEE Required textbooks for the course -- $30 USD estimate for this item. This amount includes: The Starr book (Understanding China). If you buy from Amazon.com, with shipping, this will cost you less than $20 USD. The Bowman textbook. This will cost you less than $10 – we will later advise re: how you can best purchase and access this book. Travel from SFO or LAX to Shanghai and Back -- $700 USD estimate if you book a one stop ticket and a $950 USD estimate if you book a non-stop ticket This amount includes: Round trip airfare to Shanghai out of LAX or SFO. Your ticket price could be less and we (or you) may get a better deal on a flight and ticket, but it could also be more. Thus, for planning purposes, the best number we can give you at this time for this year’s trip is $700 USD for a one stop ticket to and from Shanghai and $950 USD for a nonstop ticket to and from Shanghai. If a one stop ticket, the “stop” is either often an international airport in Vancouver, Japan, Korea, Taiwan, or Hong Kong. Passport and China Visa --$195 to $330 USD This amount includes: Passport, if you don’t already have one (estimate of $135 – $110 for the application fee and $25 for the acceptance fee = $135; see the Passport discussion later in this Information Booklet) One year multiple entry tourist (L) visa to enter China (estimate of $145 for the visa and $50 for the outsourcing firm fee to process = $195; see visa discussion later in this Information Booklet) Miscellaneous: Here is a list of “off-the-clock” type expenses that we see students sometimes incur on international field trips like this. Of course, the amounts will vary by the student and the good judgment they use or do not use. A travel guide book of China or Shanghai you may choose to buy on your own Any overage charges on any bags you check with the airlines due to weight limitations Domestic transportation from SLO to LAX or SFO – see below for budget ideas and options in this regard. Note that as many students are from southern or northern California and they would be going home for Spring break anyway, this is an expense many students would still be incur over spring break Entertainment, sightseeing and shopping in Shanghai while you are off-the-clock (can vary widely by student) Taxis and/or other mode of transport while you are off-the-clock (will vary widely by student; but taxis are cheap in China!) 14 Food and drink for lunch and dinner while you are off-the-clock (we estimate this at less than $80 USD for our entire stay in Shanghai if you make good choices and don’t eat at every Outback Steakhouse or California Pizza Kitchen you see in Shanghai) Possible cost of your own business cards, if you elect to get these and you don’t already have these (will vary by student; these can be done cheaply) Any room charges you incur (e.g., soda’s, snacks and food, movies, laundry, telephone, room damage, etc.) (will vary by student) Any doctor’s office visit in Shanghai that you might incur for something unexpected that for some strange reason is not covered by your Emergency Travel Insurance policy we will purchase for you Further, the University is not furnishing and is not responsible for and assumes no liability in connection with matters other than academic instruction and logistical services detailed above. The University is not furnishing and is not responsible for and assumes no liability of guarantee or assurance of the health and/or safety of participants and/or the elimination of all risks from the environment. The University is not furnishing and is not responsible for and assumes no liability for the safety of personal property during participation in the program. The University is not furnishing and is not responsible for and assumes no liability for monitoring and/or control of all the daily personal decisions, choices, and activities of the individual participants. The University is not furnishing and is not responsible for and assumes no liability for the prevention of participants from engaging in illegal dangerous or unwise activities, including but not limited to situations that my arise due to the failure of a participant to disclose pertinent information. The University is not furnishing and is not responsible for and assumes no liability for assumption of responsibility for the actions of persons not employed or otherwise engaged by the University, for events that are not part of the program, or that are beyond the control the University and its subcontractors. The University is not furnishing and is not responsible for and assumes no liability for assurance that home-country culture values and norms will apply in the host country. The University is not furnishing and is not responsible for and assumes no liability for the safety of any student who is dismissed from the trip and is sent home early. STUDENT RESPONSIBILITIES Student shall complete, execute (sign), and deliver to Cal Poly Continuing Education by 4:00 pm of Friday, October 21, 2011: o o o o o Application and Registration form – pg. ___ Cancellation and Refund of Fees Policy – pg. ____ Agreement Between Cal Poly, SLO and Student Participant – pg. ____ Medical Information and Authorization form – pg. ___ Assumption of Risk and Release Agreement – pg. ___ Student shall obtain, on their own, all necessary passports, visas and health certifications (if deemed necessary by the U.S., and/or Chinese government) for participation in the course and tour. Proof of international health insurance that meets or exceeds the benefits provided by the CSU Study Abroad Program is required, and said insurance which satisfies this requirement is included in the fee for this course and tour. Student will receive the necessary insurance from Cal Poly Continuing Education upon acceptance into the course and tour, and if/when requested must timely return said completed and signed insurance form(s) back to Cal Poly Continuing Education and/or the insurance carrier. Student further acknowledges and agrees that any logistical arrangements entered into by him/her to enable his/her participation in the course and tour (e.g., transit to and from the Los Angeles or San Francisco airports to fly to Shanghai; or they elect to travel to and from Shanghai on their own and arrange their own ticket and not be a part of the group flight that will be arranged, etc.) are the sole responsibility of the student and that the University is not responsible for the services, payments or guarantees provided pursuant to such arrangements and is not responsible for any injury arising out of such logistical arrangements and transport. ACADEMIC CREDIT Student shall be enrolled in the Orfalea College course (BUS 304 – Establishing International Supply Chains) through Cal Poly Continuing Education in four (4.0) academic units. Student understands and agrees that this 15 course and tour can only be taken for a letter grade and not on a “Credit/No Credit” or “Audit” basis. Student also understands and agrees that the plus/minus grading system will be used in this course. 16 POLICY ON REFUNDS AND CANCELLATION Cancellation and refunds will be governed by the Cancellation and Refund of Fees Policy which is a part of the application materials and is hereby incorporated into this agreement by this reference. That policy describes the cancellation and refund policy applicable to this course and tour. That policy states that the initial $300.00 USD deposit as well as the remaining balance due for the course and tour are NON-REFUNDABLE. Students who are denied travel related documents, from either the U.S or Chinese government, due to reasons that are not related to their own failure to supply requested information in a timely manner and/or own untimely application, will receive a refund of fees paid. Further, if a the student is not accepted into the course, their $300 USD deposit will be returned (and only in that instance). COURSE SYLLABUS, INFORMATION BOOKLET, AND EXPECTATIONS & FREQUENTLY ASKED QUESTIONS DOCUMENT HAVE BEEN PROVIDED OR MADE AVAILABLE TO STUDENT Student acknowledges and agrees that a copy of an extensive Course Syllabus, Information Booklet, and a Expectations & Frequently Asked Question (“FAQ Document”) were provided to him/her and/or made available to him/her, that he/she has read each document, that he/she understands them, and that he/she has asked the Professor any follow-up questions he/she may have had arising from his/her review of those documents. ASSUMPTION OF RISK AND RELEASE Assumption of Risk and Release matters and issues not addressed above will be governed by the Assumption of Risk and Release Form, which is a part of the application materials and is hereby incorporated into this agreement by this reference. MEDICAL INFORMATION AND AUTHORIZATION Medical Information and Authorization matters and issues, including the Authorization for Consent to Medical Treatment document, which is a part of the application materials is hereby incorporated into this agreement by this reference. LAWS, REGULATIONS AND REFUNDS This Agreement is subject to all applicable laws and regulations unless otherwise provided herein. If performance of this Agreement involves violation of applicable law or regulation thereby making it legally impossible to perform and such illegality is not the fault of Student, the University shall refund to the Student all appropriate fees paid pursuant to this agreement as authorized in section 41802 of title 5 of the California Administrative Code; upon payment of said refund all rights of University and Student are expressly waived under this agreement. No refunds will be made for fees already paid in the event of the dismissal and expulsion of the participant from the course and tour or if the participant leaves the course and tour (for whatever reason). SOLE AGREEMENT This Agreement and the various supplemental documents incorporated herein by reference, contain the sole and entire agreement between the University and Student and shall supersede any and all other agreements between the parties. The University and Student further acknowledge and agree that any statements or representations that may have, heretofore, been made by either of them has not been relied thereon in connection with his or her or its dealings with the other. SEVERABILITY If any one or more of the terms or provisions of this agreement shall to any extent be declared invalid, unenforceable, void or voidable for any reason by a court of competent jurisdiction, none of the remaining terms 17 or provisions of this agreement shall be affected thereby, and each provision of this agreement shall be valid and enforceable to the fullest extent permitted by law. DEFEND, INDEMNIFY AND HOLD HARMLESS Student shall defend, indemnify, hold harmless and protect the State of California, the Trustees of the California State University, California Polytechnic State University, San Luis Obispo, their officers, employees, representatives, agents, students and volunteers (the “University”) from and against any and all liability, loss, damage, expense, cost (including without limitation the costs and attorney fees of litigation) of every nature arising out of or in connection with Student’s participation in this course and tour hereunder or failure to comply with any obligations of the Student contained in the agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the University. CHOICE OF LAW AND JURISDICTION The laws of the State of California shall exclusively govern this agreement. The State of California, County of San Luis Obispo, shall also be the sole and exclusive forum for any lawsuits filed under or incident to this agreement or to the course and tour. In anticipation of acceptance and as consideration for participating in this course and tour, I agree to the terms of the Agreement between California Polytechnic State University, San Luis Obispo and Student Participant, the additional forms incorporated herein (Addendum A, Cancellation and Refund of Fees Policy, Assumption of Risk and Release Form) and that I have read them and understand them. I also acknowledge that I have reviewed and understand the Medical Information and Authorization Form which accompanies the application materials, including the Authorization for Consent to Medical Treatment, and I also agree to its incorporation into this agreement by this reference. The terms under which I agree to participate in the course and tour cannot be changed or amended except in writing and signed by an authorized office of the University. This Agreement is approved and accepted: _____________________________________________________ Student Signature __________________ Date _____________________________________________________ Brian Tietje, PhD Dean, Cal Poly Continuing Education __________________ Date _____________________________________________________ Matthew Roberts Contracts and Procurement, Cal Poly State University ___________________ Date 18 Addendum A Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and to contribute positively to student and university life. Section 41301, Title V, California Code of Regulations, notes that the following behavior is subject to sanctions (including dismissal from the course and trip, program, being sequestered away from other students during the trip, no awarding of a degree from Cal Poly, and/or a grade reduction in the course to a B, C, D or F): (1) Dishonesty, including: (A) Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage. (B) Furnishing false information to a University official, faculty member, or campus office. (C) Forgery, alteration, or misuse of a University document, key, or identification instrument. (D) Misrepresenting oneself to be an authorized agent of the University or one of its auxiliaries. (2) Unauthorized entry into, presence in, use of, or misuse of University property. (3) Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity. (4) Participating in an activity that substantially and materially disrupts the normal operations of the University, or infringes on the rights of members of the University community. (5) Willful, material and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus University related activity. (6) Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the University community. (7) Conduct that threatens or endangers the health or safety of any person within or related to the University community, including physical abuse, threats, intimidation, harassment, or sexual misconduct. (8) Hazing, or conspiracy to haze, as defined in Education Code Sections 32050 and 32051. (9) Use, possession, manufacture, or distribution of illegal drugs or drug-related paraphernalia, (except as expressly permitted by law and University regulations) or the misuse of legal pharmaceutical drugs. (10) Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and University regulations), or public intoxication while on campus or at a University related activity. (11) Theft of property or services from the University community, or misappropriation of University resources. (12) Unauthorized destruction, or damage to University property or other property in the University community. (13) Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a University related activity. (14) Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose. (15) Misuse of computer facilities or resources, including: (A) Unauthorized entry into a file, for any purpose. (B) Unauthorized transfer of a file. (C) Use of another’s identification or password. (D) Use of computing facilities, campus network, or other resources to interfere with the work of another member of the University Community. (E) Use of computing facilities and resources to send obscene or intimidating and abusive messages. (F) Use of computing facilities and resources to interfere with normal University operations. (G) Use of computing facilities and resources in violation of copyright laws. (H) Violation of a campus computer use policy. (16) Violation of any published University policy, rule, regulation or presidential order. (17) Failure to comply with directions of, or interference with, any University official or any public safety officer while acting in the performance of his/her duties. (18) Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well-being of members of the University community, to property within the University community or poses a significant threat of disruption or interference with University operations. (19) Violations of the Student Conduct Procedures, including: 19 (A) Falsification, distortion, or misrepresentation of information related to a student discipline matter. (B) Disruption or interference with the orderly progress of a student discipline proceeding. (C) Initiation of a student discipline proceeding in bad faith. (D) Attempting to discourage another from participating in the student discipline matter. (E) Attempting to influence the impartiality of any participant in a student discipline matter. (F) Verbal or physical harassment or intimidation of any participant in a student discipline matter. (G) Failure to comply with the sanction(s) imposed under a student discipline proceeding. (20) Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline. 20 Orfalea College of Business & Cal Poly Continuing Education Orfalea College Establishing International Supply Chains (BUS 304) Intersession Course Date of Field Trip to Shanghai: March 16/17, 2012 to March 24, 2012 (tentative) Medical Information and Authorization Form _________________________________________ Student Name ________________________ Empl. ID/Student ID __________________________ Birth date __________________ Gender M/F _________________________ Home Phone ___________________________ Cell Phone _________ Age ___________________ Work Phone _______________________________ Emergency Contact Name & Number ___________________________ Email ____________________________ Doctor’s Name ____________________ Doctor’s Phone ___________________________ Insurance Company ______________________ Policy Number 21 Authorization for Consent to Medical Treatment The participant named above states that the participant is in good health and knows of no conditions contrary to active participation in this course and tour. The participant authorizes the Professor (or his/her agent, other Cal Poly faculty or staff member who accompanies the Professor on the tour (or the Professor’s accompanying spouse) to consent to any diagnostic procedure (including x-rays), to the administration of any medical or surgical treatment, or to any hospital care when any, or all are rendered under the general supervision of any licensed physician and/or surgeon. The participant agrees that the University is not responsible for any medical, dental or other expenses resulting from the exercise of this authorization. This authorization is given in advance of any specific diagnosis, treatment or medical care being required, and pursuant to the intent and provisions of Section 6910 of the California Family Code. ____________________________________ Student’s Signature _________________ Date 22 Orfalea College of Business & Cal Poly Continuing Education Orfalea College Establishing International Supply Chains (BUS 304) Intersession Course Date of Field Trip to Shanghai: March 16/17, 2012 to March 24, 2012 (tentative) ASSUMPTION OF RISK AND RELEASE AGREEMENT THIS IS A RELEASE OF LEGAL RIGHTS – CLOSELY READ AND UNDERSTAND BEFORE INITIALLY AND SIGNING Name of Participant: (print legibly)_________________________________________ I hereby agree as follows: Risks of Off Campus Study I understand that participation in this course and tour involves risk not found in study at the University. These may include risks involved in traveling to and within, and returning from, one or more foreign countries; foreign political, legal, social, economic and health conditions; different standards of design, safety and maintenance of buildings, public places and conveyances and transportation; local sanitation, health, medical and weather conditions. I understand that travel advisories often change and I agree to perform my own periodic personal review of current travel advisories issued by the U.S. Department of State, the Center for Disease Control and the World Health Organization, and I am willing to accept these risks. Initial _________ Risks of Air, Taxi, Bus, Subway, Boat, Shuttle and Train Travel Participation in this program may requires air, taxi, bus, shuttle, subway, train and/or boat travel. Each of these forms of travel involves risks and could result in damage to property, injury to persons and death. The University assumes no liability for damage, injury, and death, which may occur during these modes of travel 23 required by participation in this course and tour. Participation in this course and tour is voluntary and I acknowledge that my participation is at my own risk. Risks include: bodily injury, death, illness, property loss and/or damage, acts of terrorism, kidnap, extortion, and incarceration. Initial _________ Risk of Personal Property Damage or Loss I understand that the travel in this course and tour presents a risk of theft or damage to my personal property and I agree that the University is not furnishing and is not responsible for and assumes no liability for damage to or theft of any of my personal belonging or property during my participation in this course and tour, including but not limited to, my laptop, cell phone, camera, computer equipment, any currency I bring with me, luggage, passport and visa. Initial__________ Health and Safety A. I have consulted with a medical doctor with regard to my personal medical needs for this course and tour, with respect to China. I am aware of all applicable personal medical needs. There are no health-related reasons or problems that preclude or restrict my participation in the course and tour. Should that situation change between now (when I fill out and submit this document) and when we leave, I will promptly notify the Professor for the course in writing. B. I agree to meet any and all of my needs for payment of medical costs while I participate in the course and tour. I recognize that the University is not obligated to provide any of my medical or medication needs. If I require medical treatment or hospital care, in a foreign country or in the United States during the course and tour, the University is not responsible for the cost or quality of such treatment or care. C. The University may, but is not obligated to, take any actions it considers to be warranted under the circumstances regarding my health and safety. I agree to pay all expenses relating thereto and release the University from any liability for any actions. I assume all risk and responsibility for my medical needs. Initial _________ Americans With Disabilities Act (ADA) I understand that China is not bound by the ADA or obligated to comply with this piece of US legislation. If I have a disability, I agree to promptly disclose it to the Professor and I also agree that the Professor (or his/her agent) has the unilateral and non-appealable discretion to decide whether I can (or cannot) participate in this course and trip. Initial _________ 24 Private Information In acknowledge that my academic program, the Orfalea College and/or the University, may, as a part of executing this course and trip, release certain information to the travel agency, hotel, the embassy or consulate, and some of the companies or other entities we will visit. Such released information may include, but is not limited to, my date of birth, driver’s license number and expiration date, passport or visa number and expiration dates, my telephone number or email, my gender, and in the case of the travel agency or airline my credit card information. I understand that this information may be used to register me in my hotel, buy or issue my airline ticket, obtain my passport or visa, or register me with an embassy or consulate for safety precautions, obtain approval for a firm, company or government agency visit, etc. Initial _________ Photographs and Videos I hereby irrevocably consent to and authorize the use by my academic program, the Orfalea College, the University, and/or the firms, businesses, entities or government agencies that were visited or will be visited in connection with this course and trip, of any and all photographs, audio tapes and audio-visual tape recordings taken of me including derivative works thereof, and any reproduction of them in any form in any media whatsoever, throughout the world. I also consent to the use of my own name or any fictitious name which may be chosen in connection with the aforesaid photographs. I hereby release any and all claims whatsoever in connection with the use of my photographs, audio tapes and audio-visual tape recordings and name and the reproduction thereof as aforesaid. I also hereby waive any right that I may have to inspect and/or approve the use of the aforesaid photographs, audio tapes, audio-visual tape recordings or any reproductions thereof, by said entities. Initial _________ Standards of Conduct A. I understand that each foreign country has its own laws and standard of acceptable conduct, including dress, manners, morals, politics, drug use and behavior. I recognize that behavior which violates those laws or standards could harm the University’s relations with those countries and institutions therein, as well as my own health and safety. I will become informed of, and will abide by, all such laws and standards for each country to or through which I will travel during the course and tour. B. I also will comply with the University’s rules, standards, and instructions for student behavior and the expected rules, standards and instructions for student behavior and conduct during the course and trip. I waive and release all claims against the University that arise at a time when I am not under the direct supervision of the University or that are caused by my failure to remain under such supervision or to comply with such rules, standards, and instructions. C. I acknowledge and understand that any violation of the above standards of conduct, rules and expectations, could lead to sanctions and/or disciplinary measures being imposed on me that are consistent with CSU Student Discipline Policies and Procedures, including, but not limited to: Sanctions: A reduced grade for the course, including the award of a “B”, “C”, “D” or “F”, and with no refund of monies paid. Suspension or expulsion from the course and tour, and with no refund of monies paid; and/or 25 Being taken to an appropriate airport and being sent home early from the trip, and with no refund of monies paid. Disciplinary Measures: Expulsion from their undergraduate program; and/or Not being awarded their undergraduate or other degree D. I will attend to any legal problems I encounter with any foreign nationals, ex-patriots, or government. This includes, but is not limited to, my incarceration. The University is not obligated or responsible for providing any assistance under such circumstances. Initial __________ Independent Activity and Travel A. I understand that the University is not responsible for any injury or loss I may suffer when I am acting or traveling independently or am otherwise separated or absent from any University-supervised activities. This includes, but is not/limited to, free or “off the clock” time during the course and tour and/or travel to or from the point of departure and return from China (e.g., Los Angeles, San Francisco, other). It also includes any decision by me to elect to remain overseas or in Shanghai after participation in the tour, in which case I will cease to be a part of the course and tour. B. I accept all responsibility for loss or additional expenses due to delays or other changes in the means of transportation, or other services, or sickness, weather, strikes, or other unforeseen causes. C. If I become detached from the course and tour group, fail to meet a departure by bus, airplane, or train, or become sick or injured, I will, at my own expense, seek out, contact, and reach the course and tour group at our hotel or the group’s next available destination, and to enable me to do so I will always keep on my physical person a copy of the trip schedule/itinerary. I waive and release all claims against the University that arise at a time when I am not under the direct supervision of the University or that are caused by my failure to remain under such supervision or to comply with such rules, standards and instructions. Initial _________ Institutional Arrangements I understand that the University does not represent or act as an agent for, and cannot control the acts or omissions of, any host institution, host firm, company or family, government agency, transportation carrier, hotel, tour organizer or other provider of goods or services involved in the course and tour. I understand that the University is not responsible for matters that are beyond its control. I hereby release the University from any injury, loss, damage, accident, delay or expense arising out of any such matters. Initial _________ 26 Program Changes The University has the right to make cancellations, substitutions or changes in case of emergency or changed conditions or in the interest of the course and tour. I understand that the University’s fees and program charges are based on current airfares, lodging rates, and travel costs which are subject to change. If I leave or am expelled from the course or tour for any reason, there will be no refund of fees already paid. Initial _________ ASSUMPTION OF RISK, RELEASE OF CLAIMS, INDEMNITY, CHOICE OF LAW AND JURISDICTION Knowing the risks described above, and in consideration of being permitted to participate in this elective course and tour, I agree, on behalf of my family, heirs, and personal representative(s), to assume all the risks and responsibilities surrounding my participation in this course and tour, including those which may occur during transit to or from any country where the course and tour is being considered. I shall also defend, indemnify, hold harmless and protect the State of California, the Trustees of the California State University, California Polytechnic State University, San Luis Obispo, their officers, employees, representatives, agents, students, and volunteers (the “University”) from and against any and all liability, loss damage, expense, cost (including without limitation to costs and fees of litigation) of every nature arising out of or in connection with my participation in this optional course and tour thereunder or my failure to comply with any of my obligations contained in this Assumption of Risk and Release Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the University. The laws of the State of California shall also exclusively govern this agreement. The State of California, County of San Luis Obispo, shall also be the sole and exclusive forum for any lawsuits filed under or incident to this agreement or to the course and tour. Initial _________ I have carefully read this Assumption of Risk and Release Agreement before signing it. No representations, statements, or inducements, oral or written, apart from the foregoing, have been made. ________________________________ Signature of Participant ___________________ Date 27