TERMS & CONDITIONS

PLEASE READ THE FOLLOWING TERMS IN DEPTH BEFORE APPLYING TO AND ACCEPTING AN OFFER TO PARTICIPATE IN A Nomadize PROGRAM.

1. IMPORTANT NOTICE TO PARTICIPANTS:

By accepting your invitation to participate in Nomadize you are: (a) certifying that you are an adult with full authority to enter into this contract; (b) certifying that you have read and understand and accept these terms and conditions; and, (c) agreeing that these Terms and Conditions constitute a binding contract governing your rights as a participant and the relationship between you and Nomadize.

Nomadize makes no verbal or written representation, warranty or agreements with respect to any Nomadize program or participation, and Nomadize's responsibilities and liabilities are expressly limited as provided in these Terms and Conditions.

2. RESPONSIBILITY

2.1 Nomadize, Inc. (collectively with its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, and assigns referred to herein as “Nomadize”) is a travel program for remote workers as outlined on its website (www.nodeskproject.com). Nomadize organizes and negotiates trip, housing, and program arrangements that are provided by independent third party providers (“Other Providers”). Nomadize acts only as an arranger, and all services provided in connection with, before, during or after a trip, including but not limited to housing and transportation, are provided, owned and operated by Other Providers, whose employees, facilities, vehicles or vessels, products and services are not subject to Nomadize's supervision or control. The Other Providers are solely responsible and liable for providing their respective products, provisions and services. Nomadize is not their agent and is not responsible for their actions or inaction. The responsibility of Nomadize in connection with your trip and program is strictly limited. Nomadize makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Other Provider and any transportation, tours, services, products or facilities provided by Other Providers.

2.2 Nomadize and its designated travel program team members are not liable for, and the participant waives any claim for: (A) any damage to, or loss of, property or injury to, or death of, persons suffered during a travel program, whether or not occasioned directly or indirectly by an act or omission of Nomadize or any Other Provider, including but not limited to any latent or undisclosed defect in any aircraft, watercraft, vehicle, hotel, apartment, workspace or other service or property operated or provided by Nomadize or any Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the Other Providers, or any negligent or willful act or failure to act of any Other Provider or of any other third party, or any laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by Acts of God, strikes, fire, flood, war, rebellion, conflict & unrest, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claim against Nomadize and/or its designated travel program team members for any such loss, damage, injury, or death and assumes the risk of Nomadize's negligence.

2.3 Nomadize will not be liable to you in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive, special or exemplary, or incidental damages, however caused and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages. In connection with your trip, Nomadize shall not be liable to any participant for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances.

2.4 Nomadize programs travel to a large number of countries around the world. In joining Nomadize, you agree to assume responsibility for your own safety, and you acknowledge that we cannot guarantee your safety at any time. Local conditions, including infrastructure, road conditions, medical care, plumbing, agriculture, sanitation, safety and security, may differ significantly from those found in the United States or your home country, as applicable. At any given moment there may be "trouble spots" in the world in terms of war, terrorism, conflict, unrest, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm. The United States Department of State and other governmental and tourist organizations provide information on foreign countries, including details of local conditions in specified cities and countries according to such agency's perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions. Nomadize assumes no responsibility for gathering such information or providing it to you.

2.5 For your benefit, we strongly recommend that you purchase travel protection or insurance to protect against loss or damage to baggage and personal effects, trip cancellation and interruption, emergency evacuation, accidental death or injury, illness and medical expenses sustained or incurred in connection with your trip or program.

3. PAYMENTS, CANCELLATIONS, & REFUNDS

3.1 The deposit and the down payment: To reserve space on a Nomadize program, a $500 refundable deposit on the down payment is required per-person upon acceptance by Nomadize. This deposit is refundable up until 90 days before the start date of the first month of the program, at which point the remainder of the down payment is due. Barring the exceptions described in Extreme Situations section below, the down payment is non-refundable and non-transferable after the full amount is placed (90 days before the program start date).

3.2 Extreme Situations: In certain extreme situations, Nomadize may waive its strict refund and transfer policies. Those situations are limited to the following:

Death of an immediate family member:

• Prior to commencement of a Nomadize program, if a participant can no longer attend the program due to the death of an immediate family member (spouse, parent, child, or sibling), the participant’s down payment can be transferred to a future program within twelve (12) months of the original program start date.
• After commencement of a Nomadize program, if a participant needs to take a leave of absence due to the death of an immediate family member (spouse, parent, child, or sibling), Nomadize will not charge that participant starting from the date of departure until he or she decides to return to the program.

Personal injury or illness:

• Prior to commencement of a Nomadize program, if a participant can no longer attend their current program due to personal injury or illness which occurs before the program, the participant’s down payment can be transferred to a future program within twelve (12) months of the original program start date. If the injury or illness prohibits the participant from participating in the program within the 12-month transfer window, Nomadize will refund the full down payment. This does not apply to medical situations resulting from a pre-existing condition of which the participant had knowledge when they elected to participate in the program.
• If a participant needs to take a leave of absence from their Nomadize program due to personal injury or illness that occurs during the program, Nomadize will not bill that participant starting on the date of departure until he or she is medically able to return to the program. This does not apply to medical situations resulting from a pre-existing condition of which the participant had knowledge when they elected to participate in the program.
• Nomadize requires a signed note from the doctor treating the participant to confirm that the injury or illness precludes the participant from participating in the program.

3.3 Opting out: In a situation where a participant is going to miss an entire city, the bill for that month will be reduced based on notice given. With at least 60 days notice, the monthly fee will be reduced to $1,000. With at least 45 days notice, the monthly fee will be reduced to $1,250. With less than 45 days notice, no reduction in fee will be granted. Notice must be received in writing by a Program Leader. During his or her month away from the program, the participant will not have access to Nomadize accommodations, workspace, SIM cards services, or private events.

3.4 Notice of early departure: Should a participant decide to leave the program early, the participant acknowledges that in so doing, he/she will forfeit the full non-refundable and non-transferable down payment and is liable for all invoices due prior to the date of notice. Notice of departure must be received in writing by a Program Leader.

3.5 Travel refunds: During the program, no flight or other travel costs will be reimbursed. Arriving late or leaving a trip in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of an expedition. If a participant requests a travel change, the Nomadize Travel Team will assess and present alternative options, if any. Neither Nomadize, nor its designated Travel Team members or affiliates, shall be liable for any cancellation penalty charged by an air carrier or other transportation provider, including but not limited to, any air carrier's cancellation penalty related to the purchase of a non-refundable ticket to or from the city a participant is in prior to joining the program or the city a participant is going to after leaving the program.

3.6 Cancellations: Nomadize reserves the right to cancel any potential travel program because of inadequate enrollment or any other reason that makes the program economically infeasible to operate or because of good-faith concerns with respect to the safety, health, or welfare of the participants. If a program is canceled prior to departure, Nomadize will provide participants with a full refund of monies paid to Nomadize and reasonable expenditures that have been made on flights to the initial Nomadize city; except in the event that the cancellation is due to a significant event that makes it infeasible to operate the program as planned, in which case Nomadize will, at Nomadize’s option, provide participants with a refund and/or credit toward a future Nomadize equivalent to monies paid to Nomadize. If Nomadize cancels a program in progress, participants will receive a prorated refund of their down payment, and monthly fees paid to date will not be refunded. Except as outlined above when Nomadize cancels a program, Nomadize has no responsibility for any expenses, including any non-refundable expenses, incurred by participants in preparing for a cancelled program or for any additional arrangements should participants embark prior to the scheduled group departure date.

3.7 Included in Cost: Accommodations; airfare between destinations in line with the Nomadize itinerary, including associated transportation to and from airports; common workspace; programs will wellness experts; and miscellaneous activities and events, from time to time during a travel program.

3.8 Not Included in Cost: Passport, visa, and permit expenses; medical expenses and immunizations; transportation to initial destination and from final destination; ground-transportation within destinations; personal expenses such as food and beverage (alcoholic or otherwise), laundry, telephone calls, SIM cards; and any other items not specifically noted as included.

3.9 Itinerary Changes: Nomadize and the travel program team members reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of participants. Every reasonable effort will be made to operate programs as planned, but alterations may still occur after final itineraries are sent.

4. ELIGIBILITY

4.1 Nomadize reserves the right in their sole discretion to accept, decline to accept, or remove any participant on a Nomadize travel program at any time during the program period. Nomadize reserves the right to expel any participant from a trip or remove a participant from a vessel, vehicle or housing for any reason, including, but not limited to, lack of payment or if we deem it necessary for the comfort, convenience or safety of the other participants, including if your behavior is deemed to cause or be likely to cause danger to yourself or danger, distress or annoyance to other participants, if we reasonably determine your condition would adversely affect your health, safety or enjoyment, or that of other participants, or if we determine you have engaged in illegal actions. If we remove you from a trip in progress or remove you from a vessel, vehicle or housing, you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of your participation and you will be responsible for that month’s fee in its entirety and your travel costs as you leave your program.

4.2 Employment: Each participant is required to be employed throughout the entirety of the program and is solely and individually responsible for securing a job that can be performed remotely throughout the duration of the program. In the event that a participant loses his or her job during the program, he or she will be responsible for finding a new job and continuing to pay his or her monthly fees on time. In addition, to preserve the customer-service provider relationship, Nomadize does not employ or contract with participants during the course of their designated Nomadize program.

4.3 Background Check: Nomadize reserves the right to do background checks and to consider the results of said background checks in determining the eligibility of an applicant.

4.4 Documentation / Visas: Participants are responsible for obtaining any documents required for their participation in the trip, such as a valid passport, all visas, vaccination certificates, and any other documents. Failure to obtain documents does not negate the Terms and Conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the participant’s responsibility. Nomadize is not a legal advisor or a professional advisor and it does not provide guidance on visa processes. Note: We will tell you to make sure that your passport remains valid for at least 6 months past the last stop on your trip! Check out this US State Department video for more on this.

4.5 Illegal Activity: All participants are expected to abide by the laws in each country visited. If a participant at any point during the program performs or engages in any illegal activity, Nomadize is not responsible for legal ramifications of that action. It is not Nomadize’s responsibility to notify participants of all applicable local laws.

5. HEALTH & MEDICAL

5.1 Health Requirements: By registering for a Nomadize program, you certify that you do not have any mental, physical, or other condition or disability that would create a hazard for yourself or other participants. Participants must be in good physical and mental health. Any condition (physical or mental), diet, or treatment requiring special attention must be reported in writing in the Personal Information Survey to take place at the beginning of the on-boarding process. Nomadize encourages participants to consult a doctor for specific medical advice related to any activities or destinations. Nomadize reserves the right to request that a participant obtain medical consent prior to departure as a condition of participation, and/or after a trip has begun as a condition of continued participation, should Nomadize deem it necessary to do so.

5.2 Medical Authorization and Coverage: During your program, the availability of medical care may be limited or delayed. You acknowledge that all or part of your trip or program may be in areas where medical care and evacuation may not be available. In the event a participant becomes sufficiently incapacitated as to be unable to direct his or her own care, there is no one on the trip who can direct the participant’s care, and Nomadize is unable or does not have time to contact a participant’s emergency contact, the participant, by registering and paying a down payment for a Nomadize trip, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of a licensed physician deemed competent to render the necessary care. In addition, by applying each participant certifies that he or she has medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participant’s behalf.

5.3 Nomadize reserves the right to contact your stated emergency contact for any reason related to your health or safety.

6. PHOTOGRAPHS & VIDEO

6.1 Nomadize reserves the right to take photographs and video during your trip. By traveling with us, you grant to us the absolute and irrevocable right and unrestricted permission to use and publish your image, or likeness, without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without your inspection or approval. You hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of your image or likeness.

6.2 Photographs and video of your trip may be submitted to us by you or by third parties such as (but not limited to) other travelers, tour guides, crew, or staff members. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sublicensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted.

6.3 Additionally, by joining a Nomadize program, you grant Nomadize an irrevocable license to re-post or use for any purpose, any image or video that you post on social media, so long as you include “#nodeskproject” in your post. If you do not want to grant this specific right to Nomadize, please opt out by contacting your Admissions Director.

7. LEGAL

7.1 Time Limitation for Legal Action: Any claim or legal action whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with a trip or program or against Nomadize must be commenced within one (1) year from the date of injury, illness or death or the date the incident giving rise to the claim occurred or else shall be irrevocably waived, notwithstanding any provision or law of any state or country or international convention to the contrary.

7.2 Agreement to Arbitrate; Forum: You agree that any claim or dispute whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with your trip or against Nomadize, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration to be administered by the American Arbitration Association (“AAA”) using one mutually selected arbitrator according to the then existing rules of the AAA. The arbitration shall be held in Los Angeles, California to the exclusion of any other forum, regardless of where the claim arose, and you consent to jurisdiction and waive any objections to arbitration proceeding in Los Angeles, California. You agree that the costs of the arbitration shall be split between the parties. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract and the arbitration agreement, including but not limited to any claim that all or any part of these terms and conditions are void or voidable. Any action to enforce the arbitrator’s decision shall be brought in the state or federal courts in Los Angeles, California. In the event the arbitration provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then, the provisions of the “Forum for all other Claims” paragraph below governing forum shall exclusively apply to any lawsuit involving claims described in this subsection.

7.3 Neither party will have the right to a jury trial or to engage in pre-arbitration discovery except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court. The arbitrator’s decision will be final and binding. Other rights that you or we would have in court also may not be available in arbitration.

7.4 You and Nomadize further agree to permit the taking of a deposition under oath of the participant asserting the claim, or for whose benefit the claim is asserted, in any such arbitration.

7.5 Forum for all other claims: Any and all claims or disputes relating to or in any way arising out of or connected with this contract or your trip or program against Nomadize and not subject to arbitration under the language above shall be litigated, if at all, in and before the courts of the State of Illinois, U.S.A., to the exclusion of the courts of any other state and country. Any and all claims or disputes relating to, arising out of or connected with your trip or program against another provider, including Other Providers or a non-affiliated third party shall be brought, if at all, wherever such entities may be properly subject to jurisdiction.

7.6 Choice of Law: Any claim or dispute relating to, arising out of or connected with your trip and provision of services other than on a vessel, whether subject to arbitration or otherwise, shall be governed by the laws of the state of California without regard to conflict of law principles. Any claim or dispute relating to, arising out of or connected with any vessels, whether subject to arbitration or otherwise, shall be governed by the general maritime law of the United States, and if not inconsistent, the laws of the state of California without regard to conflicts of law principles.

7.7 Class Action Waiver: These Terms and Conditions provide for the exclusive resolution of disputes through individual legal action or arbitration on your own behalf instead of through any class or representative action. Even if the applicable law provides otherwise, you agree that any arbitration or lawsuit against us whatsoever shall be litigated by a participant individually and not as a member of any class or as part of a class or representative action, and each participant expressly agrees to waive any law entitling participant to participate in a class action. If a claim is subject to arbitration under the arbitration clause above, the arbitrator shall have no authority to arbitrate claims on a class action basis. Each participant agrees that this class action waiver shall not be severable under any circumstances from the arbitration clause set forth in the arbitration above, and if for any reason this class action waiver is unenforceable as to any particular claim, then and only then such claim shall not be subject to arbitration.

7.8 Indemnification: If requested by Nomadize, you will defend, indemnify, and hold harmless Nomadize from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by Nomadize in connection with any claim by a third party arising out of or in any way related to: (1) your use of accommodations or workspace provided for you, or your actions during a Nomadize event; (2) your violation or alleged violation of these Terms and Conditions or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and an Other Provider. You must not settle any such claim or matter without the prior written consent of Nomadize. Nomadize reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

8. Privacy Policy

By joining a Nomadize program you are agreeing to our Privacy Policy. The protection of your data is important to us. Please review our Privacy Policy for more information about how we collect, use, and store data.

9. MISCELLANEOUS

9.1 Right to Update: Nomadize reserves the right to update these Terms and Conditions at any time and will notify you of updates in a timely fashion. Please review all updates, as once the Terms and Conditions have been updated your continued use of service will constitute acceptance of the updated terms.

9.2 Severability: If it turns out that any part of these Terms and Conditions are invalid, void, or unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary and shall not affect any other terms or negate the validity of the rest of this agreement.

9.3 Entire Agreement: These terms constitute the entire agreement between you and Nomadize, and supersede all prior or contemporaneous communications or proposals. This agreement includes any and all language directly linked to within the body of the text. There will be additional agreements that you and Nomadize will enter during your onboarding and your trip, including, but not limited to: our Code of Conduct, our general billing policies, our policies regarding travel charges that you may incur, cancellation policies, damaged/lost item policies, SIM card policies, and visitor policies. These future agreements and policies may constitute separate binding agreements and will not impact the validity of these Terms and Conditions.

9.4 Assignment: You cannot assign, transfer or sublicense these Terms and Condition, or your acceptance into a Nomadize program, or any accommodations or services provided as part of a Nomadize program, without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms and Conditions do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

9.4 Assignment: You cannot assign, transfer or sublicense these Terms and Condition, or your acceptance into a Nomadize program, or any accommodations or services provided as part of a Nomadize program, without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms and Conditions do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

9.5 Confidential Information: Throughout the course of your participation in a Nomadize program, you may be exposed to information, documents, trade secrets, processes, and procedures that are confidential, proprietary to, and/or the intellectual property of Nomadize (collectively “Confidential Information”). You hereby agree that you will not: (i) collect or copy Confidential Information for any use outside of the enjoyment of your Nomadize trip; (ii) disseminate or publish Confidential Information; or, (iii) use Confidential Information to harm or compete with Nomadize.

9.6 We take our relationship with our participants very seriously, and safety is our first priority. Priority number two is that you have a meaningful and enjoyable experience on Nomadize. We can’t get to number two if you aren’t safe. However, sometimes things come up that are outside of our control, so we are not liable for any failure to perform any of our obligations stated in these Terms and Conditions if the failure is caused by something that is reasonably beyond our control.

9.7 If we do not enforce any part of these Terms and Conditions, it does not mean we give up the right to later enforce that part or any other part. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.