Participant Agreement

This Agreement (the “Agreement”) is entered into by InterExchange, Inc. (“InterExchange”), a not for profit corporation with its principal place of business located at 1 State Street, Fl 17, New York, NY 10004 and the applicant (“Applicant,” “Participant,” “me,” or “I”).  The Effective Date of this Agreement shall be the date I submit my Application. 

I am applying to an InterExchange program (the “Program”) that provides high school, college and university students with opportunities to interact with foreign students and share their cultures while working for host employers in seasonal or temporary jobs.  As an Applicant, I agree to the following:

1. I certify that I have read and understood all application materials sent to me by InterExchange, including, without limitation, this Agreement.
2. My Program application is complete and accurate, and I will amend any disclosures if new information becomes available at any point during the application process or my participation in the Program. I further understand that I must participate in an interview or informational call with an InterExchange staff member. InterExchange may request additional information other than that originally requested to determine my eligibility for the Program. InterExchange, its host employers (as applicable) or other organizations may request additional information from me during the application and/or placement process. InterExchange is not responsible for the collection of additional information by any party other than InterExchange. For ease of reference, host organizations are hereinafter referred to as “Host”.
3. I understand that InterExchange reserves the right to deny acceptance into the Program if I am deemed an unsuitable candidate for any reason. 
4. I am able to perform the essential functions of positions with Hosts, either with or without accommodation.  
5. I understand that InterExchange cannot guarantee placements for all accepted applicants. Provided that I applied within the application deadline, I will receive a full refund of my Program Fee (if any) if: (i) my application is rejected or (ii) if placement is not found within three (3) weeks prior to my latest desired start date and/or is not expected to be found within a timeframe allowing my participation in the Program. If I decide to purchase flights, I do so at my own risk and InterExchange cannot be held responsible should placement not be found

If I am accepted and placed in the Program, then as a participant, I agree to the following:

6. At any time after my acceptance to the Program and placement, InterExchange reserves the right to determine that I am no longer eligible to participate in the Program, in which case I will be removed from the Program. By way of example, and not limitation, InterExchange will terminate my participation in the Program if it is determined that information in my application is false. InterExchange reserves the right to keep confidential the reasons for acceptance to, or rejection from, the Program and for terminating my participation in the Program. InterExchange does not guarantee me a new placement if my original placement ends for any reason.
7. While InterExchange is available for general advice, I understand that it is my responsibility to purchase my own flights or transportation to and from the city of my Program. I will not purchase flights or other transportation until after my Program placement has been confirmed. InterExchange is not responsible for any flight delays, cancellation fees, or other costs arising from changes in my travel. I will provide InterExchange with my flight or transportation details prior to my departure.
8. I am prepared to be flexible regarding my placement and understand that any special requests I make may be considered but cannot be guaranteed by InterExchange. I must also be willing to accept reasonable secondary placement offers if, for some unforeseen reason, my original placement is withdrawn. My placement information letter is not a legally binding contract. The Host reserves the right to alter the description contained in my placement details if the needs of the Host change. I further understand that should my placement with the Host be terminated due to my unsatisfactory behavior or non-compliance with Program rules, neither the Host nor InterExchange is responsible for supplying an alternative placement or lost income, nor will any fees paid be refunded.
9. I understand that while InterExchange will do its best to provide advice on travel safety, unusual circumstances may arise that are beyond its control and, therefore, InterExchange will not be held responsible for such circumstances. These may include, but are not restricted to terrorist activity, natural disasters, fire, adverse weather conditions, health risks and all similar circumstances. 
10. I am responsible for arranging and paying for my own accident and sickness insurance to cover the length of my program. I will travel with a complete understanding of my insurance policy and its procedures and will keep documentation available at all times.  InterExchange disclaims all responsibility for any health-related decisions related to me.
11. I am responsible for all of my personal expenses during my participation in the Program and understand that InterExchange is not responsible for providing, and will not provide, any emergency loans. It is my responsibility to have access to sufficient funds for personal expenses and in the event of any emergencies.
12. I will review all Program responsibilities and thoroughly consider my abilities to approach all responsibilities with enthusiasm, professionalism, a positive attitude and a high level of maturity. If I have any doubts as to what will be expected of me on my Program I will consult with InterExchange prior to traveling.
13. I agree to perform my Program duties to the best of my ability. I further agree to indemnify, without limitation, InterExchange, its directors, officers, employees, agents, affiliate organizations and independent contractors against any loss or damage suffered by any of them, or any claims made against any of them as a result of any breach or negligence by me during my participation in the Program.
14. I will comply with all federal, state and local laws including federal alcohol and drug laws, and will not engage in any illegal activities. InterExchange may terminate my participation in the Program if it believes I have engaged in any illegal activities.
15. I will abide by all Program Rules as established by InterExchange which are contained in this Agreement and in other Program documents with which I will or have been provided. I will cooperate fully with InterExchange and abide by any reasonable instructions.
16. I will not hold InterExchange responsible for any accident, death, property damage or loss I may incur while working and traveling through the Program. I am responsible for any property damage, loss or other liabilities to a third party associated with my participation in the Program. If I engage in any illegal activity, I understand that I am responsible for any and all expenses related to my defense, accommodation and/or travel.
17. Some InterExchange programs include an orientation. I agree to attend if required. Where optional, it is strongly encouraged that I attend.
18. I will communicate with and provide all requested information to InterExchange.  I agree to complete any surveys or questionnaires sent to me during the Program Term.  I agree to record all contact information provided by InterExchange and reach out at my earliest possibility in the event that any concerns should arise with respect to my Program or Placement.
19. I will provide my mobile telephone number for emergency contact purposes. I will pay all carrier fees that may apply if InterExchange contacts me via my mobile phone in the event of an emergency.
20. I will protect the privacy of any Host and other participants participating in the Program. I will not post photos or any information regarding such parties or other persons associated with the Program on any website, blog, or the like without their consent.
21. During the Program, I will immediately notify InterExchange of any change in my address and contact information, including, but not limited to, my email address and mobile telephone number.
22. I agree that I am responsible for my own costs and safety during personal travel I undertake during my Program, for example during holidays or breaks. I will ensure that my Host is aware of my travel plans and that these plans do not disrupt my Program responsibilities. If I engage in personal travel before, during or after my Program, I will adhere to all rules and regulations applicable and abide by the laws of the states in which I travel. I agree to represent InterExchange positively and will not undertake any activity that may bring InterExchange into disrepute.
23. I agree to inform InterExchange, as soon as possible: (a) should I experience difficulties with regard to my placement which I am unable to resolve; (b) if I am fired; or (c) if I decide to end my Program early for any reason. InterExchange or the Host will assist me as much as is reasonable under the circumstances. 
24. In the event I wish to lodge a complaint about any services provided by InterExchange, its suppliers and/or affiliates, I will immediately inform InterExchange in writing in order to permit InterExchange the chance to rectify the problem. In the event I cannot obtain a satisfactory resolution to the problem, I agree to submit the complaint to InterExchange in writing not more than 30 days after the initial incident or, if the Program has ended, not more than 30 days after the end of the Program. No complaint will be considered unless the above procedure is followed.
25. My failure to comply with the terms of this Agreement and any other Program document or requirement could result in the termination of my participation in the Program. My failure to communicate and cooperate with InterExchange could result in termination of my participation in the Program.
26. I authorize InterExchange to collect, use and disseminate information (including personal information) that is provided by me in the manner and for the purposes set forth in InterExchange’s Privacy Policy located at https://www.interexchange.org/privacy-policy. I further acknowledge and agree that I am solely responsible for the accuracy and content of any information provided by me and agree to keep it fully accurate and up to date.
27. I understand that InterExchange may collect and maintain, for marketing and other purposes, written information, including, but not limited to, testimonials and other survey responses that I may provide, as well as photographic or video footage of me and other participants in the Program. I hereby give consent for InterExchange to publish said content on its website(s), email marketing messages, social media, and other public forums. I understand that if I no longer wish for my personal statements and/or likeness to appear in such materials I may contact a representative of InterExchange at [email protected] to have such content removed. I hereby assign to InterExchange an irrevocable, worldwide, royalty-free license of all copyright and other intellectual property rights, including renewal rights, in such property and waive any right to approval, notification, consideration or permission for the use thereof.
28. I will not publicly disparage or comment negatively about InterExchange, its officers, management, employees or my Host or other Program participants.
29. I irrevocably, unconditionally and fully release InterExchange, its subsidiaries, officers, management, employees, agents and affiliates from any and all claims related to personal and/or property damage, injury, illness or loss of any type to me, my guests or agents incurred in connection with the Program including, but not limited to, claims related to any intentional or negligent acts or omissions committed by me or any Host or third party, including, but not limited to, any guests, employees or agents thereof.
30. If a legal authority finds InterExchange, its officers, management, employees, and/or affiliates liable for any damages, injury or loss related to my participation in the Program, such liability shall be no greater than InterExchange’s role as the nonprofit sponsor of the Program and, in any case, no greater than the amount of the fees I paid to InterExchange in connection with the Program.
31. This Agreement is applicable only to me and cannot be assigned or transferred.
32. The failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the right to subsequently enforce each and every provision of this Agreement. If any provision of this Agreement is held to be void or contrary to law, such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. 
33. All notices, requests, claims, demands and other communications hereunder shall be in writing and be given (i) by delivery in person, (ii) by a nationally recognized next day courier service, or (iii) by first class, registered or certified mail, postage prepaid to the address of the party specified in this Agreement or such other address as either party may specify in writing. Notices so given shall be effective upon (i) receipt by the party to which notice is given, or (ii) on the 5th day following mailing, whichever occurs first.
34. Neither the Applicant nor InterExchange will be liable under this Agreement by reason of any failure or delay in the performance of its obligations hereunder on account of any cause beyond their reasonable control.
35. Except for changes required by any government agency with authority over InterExchange, this Agreement, together with all other Program documents, contains the entire understanding of the parties with respect to the matters contained herein and supersedes any previous agreements (oral, written or otherwise). Except for changes required by any other government agency with authority over InterExchange, this Agreement may only be altered or amended in writing by InterExchange. InterExchange will provide 30 days’ prior notice of any amendments other than those required by a government agency, which required amendments will be effective immediately.
36. The parties agree to arbitrate confidentially in New York, New York under the then existing Commercial Arbitration Rules of the American Arbitration Association any dispute, claim or controversy that may arise out of or in connection with this Agreement, whether sounding in tort, contract, statutory violation or otherwise, or involving the construction or application of any of the terms, provisions, or conditions of this Agreement. The parties further agree that in the event any confidential arbitration is brought to enforce any provision of this Agreement, the prevailing party in such arbitration shall be entitled to its attorneys’ fees and costs as part of any judgment or award, and that the arbitrator shall be authorized to determine which of the parties is the prevailing party in the case. The parties further agree that this Agreement is intended to be strictly construed to provide for arbitration as the sole and exclusive means for resolution of all disputes hereunder. The parties expressly waive any entitlement to have such controversies decided by a court or a jury. I acknowledge and agree that I am waiving any and all entitlement to monetary damages or equitable relief with respect to any charge, complaint or lawsuit filed on my behalf, including as part of a collective or class action.
37. This Agreement is governed by the laws of the State of New York without regard to New York’s choice of law provisions.
38. All information on the InterExchange website and other marketing materials and resources is subject to change without notice and any errors or omissions are deemed to be inadvertent and beyond InterExchange’s responsibility.
39. I understand that in the event of any conflict between this Agreement and those of InterExchange’s Terms of Use https://www.interexchange.org/terms/ or Privacy Policy https://www.interexchange.org/privacy/, the Terms of Use and Privacy Policy shall supersede.