Enterprise Participant Terms and Conditions
Note: You MUST read this! Yes, you. This is the part where you sign your life away. Just kidding. Kind of. For you to have the BEST possible experience, it’s important that you understand your rights and obligations vis à vis Remote Year. We have done our best to make these Terms and Conditions clear and easy to understand. This is NOT one of those T&C documents where you can scroll to the bottom and click a box claiming that you read it, even though everyone knows you didn’t. (*cough* iTunes *cough*) YOU NEED TO READ THIS ONE! We might test you on it later. More importantly, by joining us you are agreeing to these Terms and Conditions as a legally binding contract, so read this carefully and let us know if you have any questions!
These Terms and Conditions include information about future changes to these Terms and Conditions, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.
We have included notes throughout (bolded and italicized) where we thought that some additional explanation might be helpful. These notes are not part of the contract itself. Think of them as marginalia intended to make the legalese easier to understand.
1. IMPORTANT NOTICE TO PARTICIPANTS:
Your employer (“Employer”) has partnered with Remote Year to offer you an invitation to participate in Remote Year. By accepting your invitation to participate in Remote Year 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 Remote Year. Remote Year makes no verbal or written representation, warranty or agreements with respect to any Remote Year program or participation, and Remote Year's responsibilities and liabilities are expressly limited as provided in these Terms and Conditions.
We are constantly trying to improve Remote Year, 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 the Remote Year website, 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 use of the service 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, that means you will no longer be able to participate in Remote Year.
Note: This section lays out what we are responsible for and what we aren’t responsible for. Even though the clauses below limit what you can hold us responsible for, please know that we will always endeavor to make sure you are safe, secure, comfortable, and enjoying your adventure. Safe and happy participants make for the best possible experience, so when you’re happy, we’re happy. Plus, our parents always told us to treat others how we want to be treated, so we try to live by that.
2.1 Remote Year, Inc. (collectively with its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, and assigns referred to herein as “Remote Year”) is a travel program for remote workers as outlined on its website (www.remoteyear.com). Remote Year organizes and negotiates trip, housing, and program arrangements that are provided by independent third party providers (“Other Providers”). Remote Year 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 Remote Year's supervision or control. The Other Providers are solely responsible and liable for providing their respective products, provisions and services. Remote Year is not their agent and is not responsible for their actions or inaction. The responsibility of Remote Year in connection with your trip and program is strictly limited. Remote Year 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.
Note: To be clear, your relationship is with Remote Year and not the Other Providers. We are the intermediary between you and the Other Providers. Any issues with services or questions about services should be addressed to Remote Year or your Employer’s representative,
2.2 Remote Year 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 Remote Year 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 Remote Year or any Other Provider; (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, and (C) any change in your employment status with Employer as a result of participating in Remote Year. The participant waives any claim against Remote Year and/or its designated travel program team members for any such loss, damage, injury, or death and assumes the risk of Remote Year's negligence.
2.3 Remote Year 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, Remote Year 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 Remote Year programs travel to a large number of countries around the world. In joining Remote Year, 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. Remote Year assumes no responsibility for gathering such information or providing it to you.
Note: We will, however, provide you with access to a large international security firm, and their mobile app, to provide assistance or advice in emergency security or medical situations. You’ll receive more information about this during onboarding. We also encourage participants to sign up for the U.S. State Department’s Safe Traveler Enrollment Program (STEP). STEP will provide you with information from the State Department about your destination country. You can enroll here: https://step.state.gov/step/. Non-US Citizens / Nationals may not be eligible for STEP. However, they can (and should) sign up for the US State Department's Travel Alerts and Warnings email subscription service to receive travel safety information about their destinations. We also suggest that you check if your home country has a STEP equivalent.
2.5 For your benefit, we strongly recommend that you or your Employer 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.
2.6 Itinerary Changes: Remote Year 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.
Note: Again, we will always strive to make sure you are in a safe and comfortable environment. However, world travel has some inherent level of risk, and you need to be aware of and prepared for said risk. Airlines always seem to lose that checked bag at the most inconvenient time. (As if there is a good time to lose a bag.) During onboarding we will provide you with the names of some travel insurance packages that our participants have been pleased with in the past.
3.1 Remote Year reserves the right in their sole discretion to accept, decline to accept, or remove any participant on a Remote Year travel program at any time during the program period. Remote Year 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, 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 credit of any kind for unused or missed services or costs incurred resulting from the termination of your participation and you may be responsible to your Employer for costs as you leave your program.
Note: If you’re reading these Terms and Conditions, that means you made it through our application process and your interviewer thought that you were kind, respectful, and a good candidate for Remote Year. Please don’t prove your interviewer wrong by engaging in behavior that puts yourself or others in danger, and/or adversely impacts your group.
3.2 Employment: Each participant is required to be employed throughout the entirety of the program.. In the event that a participant loses his or her job during the program, participant’s involvement in the program may also be terminated. .
3.3 Background Check: Remote Year reserves the right to do background checks and to consider the results of said background checks in determining the eligibility of an applicant.
3.4.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. Remote Year 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.
3.5 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, Remote Year is not responsible for legal ramifications of that action. It is not Remote Year’s responsibility to notify participants of all applicable local laws.
Note: Seriously though, c’mon people, follow the law.
4. HEALTH & MEDICAL
4.1 Health Requirements: By registering for a Remote Year 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. Remote Year encourages participants to consult a doctor for specific medical advice related to any activities or destinations. Remote Year 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 Remote Year deem it necessary to do so.
4.2 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 Remote Year is unable or does not have time to contact a participant’s emergency contact, the participant, by agreeing to these Terms and Conditions and registering for a Remote Year 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.
Note: Go get travel medical insurance!
4.3 Remote Year reserves the right to contact your stated emergency contact for any reason related to your health or safety.
5. PHOTOGRAPHS & VIDEO
5.1 Remote Year 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.
5.2 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.
5.3 Additionally, by joining a Remote Year program, you grant Remote Year 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 “#remoteyear” in your post. If you do not want to grant this specific right to Remote Year, please opt out by contacting: firstname.lastname@example.org
Note: We LOVE the amazing content that our participants post during their Remote Year experiences. We reserve the rights mentioned above because it allows us to share your awesome photos and videos with a wider audience without going through the cumbersome process of asking each individual time. With that said, we won’t be offended should you choose to opt out. We may be sensitive, but we’re not THAT sensitive.
6.1 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 Remote Year 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.
Note: We’re not very litigious. You don’t seem like you are either. Then again, we don’t know each other that well yet. In case we’re wrong about your level of litigiousness, (yes, “litigiousness” is a real word), these next few clauses govern your options should you want to make a claim against us. (For the umpteenth time, your safety and enjoyment are top priorities, so we hope it doesn’t come to this.)
6.2 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 Remote Year, 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 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. 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 Chicago, Illinois. 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.
Note: Hopefully we won’t have any disputes. However, if we do, the above clause dictates that they will be resolved by a third party arbitrator rather than a court, regardless of where the dispute arises.
6.3 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.
6.4 You and Remote Year 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.
6.5 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 Remote Year 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.
6.6 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 Illinois 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 Illinois without regard to conflicts of law principles.
Note: Did you know the tallest man in the world was from Illinois? He was 8 feet and 11 inches tall, weighed 491 pounds, and had a size 37 shoe. That has nothing to do with why we chose Illinois law to govern this agreement. Just a fun fact.
6.7 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.
6.8 Indemnification: If requested by Remote Year, you will defend, indemnify, and hold harmless Remote Year from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by Remote Year 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 Remote Year 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 Remote Year. Remote Year 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.
Note: The clause above says that if someone sues Remote Year because of something that you did, you will be held responsible.
8.1 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.
8.2 Entire Agreement: These terms constitute the entire agreement between you and Remote Year, 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 Remote Year 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.
8.3 Assignment: You cannot assign, transfer or sublicense these Terms and Condition, or your acceptance into a Remote Year program, or any accommodations or services provided as part of a Remote Year 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.
Note: We accepted YOU because we thought YOU were perfect for one of our programs. So, no, you can’t give your spot to your cousin, Steve. Steve needs to apply on his own. Just do it, Steve! It’s not that much work.
8.4 Confidential Information: Throughout the course of your participation in a Remote Year program, you may be exposed to information, documents, trade secrets, processes, and procedures that are confidential, proprietary to, and/or the intellectual property of Remote Year (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 Remote Year trip; (ii) disseminate or publish Confidential Information; or, (iii) use Confidential Information to harm or compete with Remote Year.
8.5 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 Remote Year. 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.
8.6 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.
Note: Hooray! You made it to the end! If we could drop celebratory balloons on you through the internet, we would. If you cheated and scrolled straight down here and you didn’t read the content, shame on you! Go back and read it. It took us a lot of time to write this, so you might as well read it. Under the language above you agree to these Terms and Conditions just by accepting your spot on Remote Year. We can’t wait to begin our journey together, and hope we never have to revisit this document again!