These Terms and Conditions contain important information about participating in a NomadPro Trek (as defined below), and/or using the website, applications, or any other services (collectively the “Services”), offered by NomadPro (collectively with its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, and assigns referred to herein as “NomadPro”). It is important you understand your rights and obligations. More importantly, by joining us and using our Services you are agreeing to these Terms and Conditions as a legally binding contract.
- Acceptance: By accepting your invitation to participate in NomadPro 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 NomadPro.
- Disclaimer: NomadPro makes no verbal or written representation, warranty or agreements with respect to any NomadPro Trek or participation or the Services, and NomadPro's responsibilities and liabilities are expressly limited as provided in these Terms and Conditions.
- Changes: We try to always improve NomadPro, so these Terms and Conditions may need to change. We reserve the right to change the Terms and Conditions at any time, but if we do, we will bring it to your attention by placing a notice on www.nomadpro.com, by sending you an email, and/or by some other means. Please review all updates, as once the Terms and Conditions have been updated your continued participation in a NomadPro Trek and/or use of the Services will constitute acceptance of the updated terms. If you don’t agree with the new Terms and Conditions, you are free to reject them; unfortunately, except as otherwise provided herein, that means you may no longer be able to use certain (or potentially all) of the Services.
- General: NomadPro provides travel programs of varying lengths for remote workers as outlined on its website (www.nomadpro.com) (“NomadPro Trek” or “Trek”). (For the sake of clarity, “NomadPro Trek” or “Trek” as defined in this document includes twelve month treks, eight month treks, four month treks, other length treks that NomadPro may provide, and special opportunities made available to participants who have completed twelve, eight, four, or other set length treks that NomadPro may provide.) NomadPro may organize and negotiate trip, housing, and program arrangements that are provided by independent third party providers (“Other Providers”). When provided by such Other Providers, NomadPro 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 NomadPro supervision or control. The Other Providers are solely responsible and liable for providing their respective products, provisions and services, unless otherwise specified. NomadPro is not their agent and is not responsible for their actions or inaction. The responsibility of NomadPro in connection with your Trek is strictly limited. NomadPro makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of the products and services provided by NomadPro or any Other Provider and any transportation, tours, services, products or facilities provided by Other Providers.
- Your Account: You may be required to sign up for an account, and select a password and username (“NomadPro User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your NomadPro User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.
- Communications: You may receive communications from NomadPro, including messages that NomadPro sends you (for example, via email, phone call, SMS, and/or text message). By signing up for a program or using services, you are agreeing to receive communications from NomadPro. You also warrant, guarantee, and represent each person for whom you provide an email address and/or phone number has also consented to receive communications of all kinds from NomadPro. By providing us with your wireless phone number, you confirm that you want NomadPro to send you information we think may be of interest to you, which may include NomadPro using automated dialing technology to text or call you at the wireless number you provided. You agree to indemnify and hold NomadPro harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
- Disclaimer: NomadPro and its designated travel program team members are not liable for, and you waive any claim for: (A) any damage to, or loss of, property or injury to, or death of, persons suffered during a Trek, whether or not occasioned directly or indirectly by an act or omission of NomadPro 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 NomadPro or any Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by NomadPro or the Other Providers, or any negligent or willful act or failure to act of NomadPro or 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. You waive any claim against NomadPro and/or its designated travel program team members for any such loss, damage, injury, or death and assume the risk of NomadPro's negligence.
- Activity Release: To the extent you engage in any activities in connection with the Program or any other Services, you acknowledge that you have voluntarily elected to participate in such activities. You further acknowledge and agree that the activities are voluntary recreational activities and that no officer, supervisor or other employee of NomadPro is requiring you to engage in the activity. You are aware that there are risks and hazards associated with the activities and voluntarily assume all risk of loss, damage or injury to person or property which may arise from or is related to your engaging in the activities, whether such risk is known or unknown to you. You are agreeing to this release in lieu of executing additional waivers in connection with such activities, but agree that you may be required by NomadPro or third parties to execute additional written waivers. The benefits of such waivers shall apply equally to NomadPro and shall not limit the waivers or release herein. You hereby release NomadPro and all entities associated with NomadPro and agree not to sue or bring any proceeding against any of the same for any actions, claims or demands that you, your assignees, heirs, distributees, guardians and legal representatives now have or may hereafter have for injury or damages resulting from your engaging in the activities.
- Standard Limitation of Liability: TO THE EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL NomadPro BE LIABLE TO YOU, YOUR EMPLOYER, OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE OR DELAYS, REGARDLESS OF WHETHER NomadPro HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CHANGE IN YOUR EMPLOYMENT STATUS AS A RESULT OF PARTICIPATING, OR ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE AMOUNTS PAID BY YOU TO NomadPro IN CONNECTION WITH THE PROGRAM OR THE SERVICES IN THE EIGHTEEN MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. In connection with your trip, NomadPro shall not be liable to you for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances.
- Assumption of Risk: NomadPro Treks travel to a large number of countries around the world. In joining NomadPro, 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 specific cities and countries according to such agencies perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions. NomadPro assumes no responsibility for gathering such information or providing it to you.
- Itinerary Changes: NomadPro 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.
3000. Determination of Eligibility
- General: NomadPro reserves the right in its sole discretion to accept, decline to accept, or remove any participant on a NomadPro Trek or any part thereof at any time. NomadPro reserves the right to expel any participant from a trip or remove a participant from a vessel, vehicle, event, activity, workspace, or accommodations 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, event, activity, workspace, or accommodations, 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 the Program.
- Employment: NomadPro is a work and travel program, rather than just a travel program, and all participants must have some form of employment, or be working on a project, starting a business, creating, or doing something of value in order to participate. Freelancers, contractors, and entrepreneurs are all eligible to join a 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.
- Background Check: NomadPro reserves the right to do background checks and to consider the results of said background checks in determining the eligibility of an applicant. Fees associated with background checks including initial application fees are nonrefundable.
- 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. NomadPro is not a legal advisor or a professional advisor and it does not provide guidance on visa processes.
- Taxes and Other Charges: Participants are responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments, in their home country and associated with their participation in the Program or use of the Services, provided that NomadPro may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. NomadPro is not a tax advisor or a professional advisor and it does not provide tax guidance.
- Illegal Activity: All participants are expected to abide by the laws in each country visited. If at any point during the Program you perform or engage in any illegal activity, NomadPro is not responsible for legal ramifications of that action, and you may be removed from the Program at your own cost, and without refund to you. NomadPro has no responsibility or obligation to notify participants of all applicable local laws.
4000. Financial Awareness
- General: The payment terms and cancellation and refund policies are as set forth in NomadPro’s Financial Policies. For clarity, the Payment Policies that are in effect upon your acceptance into a NomadPro Trek shall apply for the duration thereof, notwithstanding updates hereto. However, should you finish a specific NomadPro Trek and choose to enter another NomadPro Trek (friendly reminder, the definition of “NomadPro Trek” in this document includes Citizen and Global Services programs), the most up to date Payment Policies will apply.
- Billing: We use various third-parties for billing and payment processing (“Third Party Processors”). The Third Party Processors use and store the financial information you provide, and the processing of payments and billing will be subject to the terms, conditions and privacy policies of the Third Party Processors in addition to these Terms and Conditions. We are not responsible for error by the Third Party Processors. By choosing to participate in a NomadPro Trek, you agree to pay us, through Third Party Processors, all charges at the prices then in effect for the Program in accordance with the applicable payment terms and you authorize us, through the Third Party Processors, to charge your chosen payment provider (“Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Third Party Processors make even if it has already requested or received payment.
- Payment Method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Third Party Processors, do not receive payment from you, you agree to pay all amounts due upon demand.
- Recurring Billing: You acknowledge that NomadPro Treks have an initial and recurring payment feature and you accept responsibility for all recurring charges. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, EMAIL email@example.com. Your continued participation in the Program or use of the Services reaffirms that we are authorized to charge your Payment Method. We may submit those charges for payment and you will be responsible for such charges. We do not waive our right to seek payment directly from you, and we reserve the right to enlist a third party to seek collections, should we deem such action necessary.
- Current Information Required: YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE BILLING INFORMATION. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING INFORMATION CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE SENT TO firstname.lastname@example.org. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU YOUR MONTHLY FEES UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE AND/OR IN NomadPro’S PAYMENT POLICIES.
5000. Personal Medical & Health Care
- Health Requirements: By registering for a NomadPro Trek and/or using the Services, 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. NomadPro encourages participants to consult a doctor for specific medical advice related to any activities or destinations. NomadPro 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 NomadPro deem it necessary to do so.
- 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 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 NomadPro is unable or does not have time to contact a participant’s emergency contact, the participant, by agreeing to these Terms and Conditions, authorizes any medical treatment deemed necessary in the event of any injury or illness 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 agreeing to these Terms and Conditions 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.
- Emergency Contact: NomadPro reserves the right to contact your stated emergency contact for any reason related to your health or safety.
6000. Media & Content
- License Grant: NomadPro 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.
- Representations and Warranties: 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.
- Social Media: Additionally, by joining a NomadPro Trek and/or using the Services, you grant NomadPro a royalty-free irrevocable license to re-post or use for any purpose, any image or video including the #nomadpro or any written content (blog posts and articles) regarding NomadPro that you post on the internet and/or social media. We will always provide attribution.
- 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 the Program or Services, or against NomadPro 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.
READ THE FOLLOWING ARBITRATION PROVISION BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH NomadPro AND LIMITS THE MANNER IN WHICH YOU MAY PURSUE RELIEF FROM US.
- Agreement to Arbitrate: 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 Program, the Services, or against NomadPro, 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 in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
- Arbitration Fees: The JAMS rules will govern payment of all arbitration fees. NomadPro will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
- Small Claims Court: Either you or NomadPro may assert claims, if they qualify, in small claims court in Wilmington, Delaware or any United States county where you work or live.
- Opt Out: You have the right to opt out of the provisions of this section by sending written notice of your decision to opt out to the following address: NomadPro, Inc., Attn: Legal Department, 3500 S DuPont Hwy, Dover, DE 19901, USA, postmarked within 30 days of first accepting these Terms and Conditions. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of these Terms and Conditions’ arbitration agreement.
- Exclusive Venue: The arbitration shall be held in Chicago, Illinois, 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 Chicago, Illinois. 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 Chicago, Illinois. In the event the arbitration provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason or if you send the opt-out notice mentioned above, then and only then, the provisions of section 7.4 below governing forum shall exclusively apply to any lawsuit involving claims described in this subsection.
- Deposition: You and NomadPro 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.
- Waiver of Jury Trial: 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. You and NomadPro are instead choosing to have claims and disputes resolved by arbitration. 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. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and NomadPro over whether to vacate or enforce an arbitration award, YOU AND NomadPro WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Forum and Choice of Law: Any and all claims or disputes relating to or in any way arising out of or connected with this contract the Program or the Services against NomadPro and not subject to arbitration under the language above shall be litigated, if at all, in and before the courts of the State of Delaware, U.S.A., to the exclusion of the courts of any other state and country. Any claim or dispute relating to, arising out of or connected with your Program, the Services, 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 Delaware 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 Delaware without regard to conflicts of law principles.
- 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.
- Indemnification: If requested by NomadPro, you will defend, indemnify, and hold harmless NomadPro from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by NomadPro 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 NomadPro 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 NomadPro. NomadPro 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. Both you and NomadPro acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms and Conditions, NomadPro’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms and Conditions, and that upon your acceptance of these Terms and Conditions, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as the third party beneficiary hereof.
- 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, which shall remain in full force and effect.
- Entire Agreement: These terms, any and all language directly linked to within these terms, and any official NomadPro policies and waivers (e.g. the Code of Conduct, NomadPro’s Payment Policies, NomadPro’s Activity Waiver, and NomadPro’s Travel, Accommodation, Workspace, and Tech Policies), constitute the entire and exclusive agreement between you and NomadPro relating to the subject matter of these Terms and Conditions, and these Terms and Conditions supersede all prior or contemporaneous communications or proposals relating to the subject matter of these Terms and Conditions.
- Assignment: You cannot assign, transfer or sublicense these Terms and Conditions, or your acceptance into a NomadPro Trek, or any accommodations, workspace seats, or services provided as part of a NomadPro Trek, without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. You hereby acknowledge and agree that these Terms and Conditions do not create any agency, partnership, joint venture, or employment relationship between you and NomadPro, and neither party has any authority to bind the other in any respect.
- Confidential Information: Throughout the course of your participation in a NomadPro Trek or while using the Services, you may be exposed to information, NomadPro vendors, Other Providers, documents, trade secrets, processes, and procedures that are confidential, proprietary to, and/or the intellectual property of NomadPro (collectively “Confidential Information”). You hereby agree that you will not: (i) collect and/or copy Confidential Information for any use outside of the enjoyment of your NomadPro trip; (ii) disseminate or publish Confidential Information; or, (iii) use Confidential Information to harm or compete with NomadPro.
- (Act of God) Force Majeure: Sometimes things come up that are outside of our control. You acknowledge and agree that we are excused from any delay and will 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, including but not limited to, war, earthquakes, fire, flood, explosions, terrorist attacks, government action, or extreme weather.
- Waiver: If we do not enforce any part of these Terms and Conditions, it shall not be deemed a waiver of any further rights hereunder, and 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.
- Participants are responsible for finding passage / transportation to the first destination and from the final destination of any NomadPro Trek unless otherwise specified in explicit documentation. Once your tickets have been issued, routing changes (including changing point of origin or destination, adding, removing, or changing stopovers or connections) are not usually permitted by the airlines. If you need to make a routing change, your original ticket must be submitted for a refund, and a new ticket purchased for your new travel routing. If your original ticket is not refundable, to change your route you will most likely need to buy a new ticket.
- DON’T SKIP ANY FLIGHTS WITHOUT CHECKING WITH US OR THE AIRLINES: Flights need to be used in the order they are issued. You cannot miss or skip a flight. In most cases, if you miss or skip one of your flights, the airlines will automatically cancel all of your subsequent flights. Please inquire with us if you need to miss, skip, or cancel the flights you have booked once tickets have been issued.
- NAMES CANNOT BE CHANGED FOR FREE ONCE TICKETS HAVE BEEN ISSUED: If the name on your passport does not exactly match the name on your tickets, some airlines will not allow you to travel. Names cannot be changed for free once tickets have been issued, and every airline has different policies regarding adjusting names. If you provide us with the incorrect name at the time of booking, NomadPro charges a $25-per-airline name change research fee to assist with name changes after tickets have been issued.
- CANCELLATIONS AND REFUNDS: Cancellation penalties apply as soon as we have received payment. Some tickets are completely non-refundable and non-transferable. Cancellations for any reason whatsoever, including medical reasons, death in the family, strikes, wars, weather, natural disasters, airline default or government travel warnings will not entitle you to any refund in the case of nonrefundable tickets or waiving of the cancellation penalties in the case that the tickets can be refunded. Trip cancellation and interruption insurance is therefore highly recommended.
- VISAS AND ENTRY REQUIREMENTS: You are responsible for obtaining any necessary visas and travel permits for all countries that you will be traveling to or transiting through, and for informing yourself as to which countries/areas require visas and/or special permits. Visa and entry requirements may vary widely depending on your nationality, the length of your stay, and the purpose of your visit. The best way to get information about visa and entry requirements is to contact the Consulate or Embassy of the countries you plan to visit. Please also make certain that your passport is valid for at least six months after the latest expected end date of your trip, as some countries will not allow entry if your passport expires sooner.
- HEALTH AND SAFETY: You are responsible for determining what, if any, vaccinations or other health or safety precautions are necessary or recommended for your destinations. Some countries on your itinerary may require certain vaccinations for entry. It is your responsibility to confirm with your doctor about which vaccinations may be required. Traveling with medicine: Some countries place restrictions on what medication can and cannot enter across their border. If you will be travelling with prescribed medication or vitamins, it is your responsibility to check with the embassy/consulate of your visiting country to determine if your medication is permitted entry. Special written permission from the visiting country may be required for entry.
- BAGGAGE: You are responsible for any luggage fees charged by the airlines during your trip. When you are packing, please keep in mind that the international standard is 20 kg. (44 lbs.) of free baggage per person, total including all carry-on baggage. Some airlines no longer allow free baggage and will charge for carry-on as well as any checked luggage. On flights to, from, or within North America, paying for all checked baggage is the norm. This includes flights from/to the US, Canada, Mexico, Caribbean destinations, and Costa Rica. Most flights within Europe also now charge for all checked luggage.
- CONFIRMING FLIGHTS BEFORE DEPARTURE: NomadPro recommends that you contact each airline at least 3 days before each flight’s scheduled departure to confirm that flight’s time and date.
- AIRLINE DEFAULT OR AIRLINE SCHEDULE CHANGE: NomadPro takes no responsibility in the event of an airline’s default, cessation of service on a ticketed route or schedule change. Travel insurance that covers airline default is highly recommended. Note that many travel insurance policies do cover airline default, but do NOT cover involuntary schedule changes, unless those changes occur on the day of departure.
- UPGRADES: Most tickets are not eligible for upgrades. This includes using miles to upgrade as well as upgrades that are purchased after tickets have been issued. If it is possible for us to upgrade your ticket, airline change fees will still apply when upgrading to a higher class of service.
- RELEASE OF RISK: You understand that there are risks and dangers associated with travel. You assume these risks and acknowledge these dangers. You release NomadPro, its agents and employees, to the extent permitted by law, from liability for the negligent acts of airlines, sub-contractors and affiliated companies.