TERMS AND CONDITIONS
Effective as of November 17, 2017
These Terms and Conditions contain important information about participating in a Wanderist Life Experience (as defined below), and/or using the website, webinars, resources, templates, handouts, or any other services (collectively the “Services”), offered by Wanderist Life, LLC (collectively with its subsidiaries, affiliates, managers, contractors, members, successors, employees, agents, representatives, and assigns referred to herein as “Wanderist Life”), including future changes to these Terms and Conditions, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.
1. Important Notice to Participants
1.1 Registration. By registering as a Participant on any Wanderist Life Experience 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 Wanderist Life.
1.2 Disclaimer. Wanderist Life makes no verbal or written representation, warranty or agreements with respect to any Wanderist Life Program or participation or the Services, and Wanderist Life's responsibilities and liabilities are expressly limited as provided in these Terms and Conditions.
1.3 Changes. We are committed to continuous improvement of the Wanderist Life Experiences, as a result, these Terms and Conditions may change. We reserve the right to change the Terms and Conditions at any time. In the event changes are made, you will be notified via a notice on wanderistlife.com, email notification, and/or by some other means. Please review all updates, as once the Terms and Conditions have been updated your continued participation in a Wanderist Life Program 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.
2. The Services
2.1 General. Wanderist Life provides travel experiences of varying lengths as outlined on its website (www.wanderistlife.com) (“Wanderist Life Experience” or “Wanderist Life Program” or “Experience” or “Program”). (For the sake of clarity, ““Wanderist Life Experience” or “Wanderist Life Program” or “Experience” or “Program” as defined in this document includes twelve month programs, one month programs, other length programs that Wanderist Life may provide, and special opportunities made available to participants who have completed twelve, four, or other set length programs that Wanderist Life may provide) Wanderist Life may organize and negotiate trip, lodging, and program arrangements that are provided by independent third party providers (“Other Providers”). When provided by such Other Providers, Wanderist Life 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 Wanderist Life's supervision or control. The Other Providers are solely responsible and liable for providing their respective products, provisions and services, unless otherwise specified. Wanderist Life is not their agent and is not responsible for their actions or inaction. The responsibility of Wanderist Life in connection with your Program is strictly limited. Wanderist Life makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of the products and services provided by Wanderist Life or any Other Provider and any transportation, tours, services, products or facilities provided by Other Providers.
2.3 Communications: You may receive communications from Wanderist Life, including messages that Wanderist Life sends you (for example, via email, phone call, SMS, and/or text message). BY SIGNING UP FOR THE PROGRAM OR USING THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM WANDERIST LIFE, AND YOU REPRESENT AND WARRANT THAT EACH PERSON FOR WHOM YOU PROVIDE A WIRELESS PHONE NUMBER AND/OR EMAIL ADDRESS HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM WANDERIST LIFE. By providing us with your wireless phone number, you confirm that you want Wanderist Life to send you information we think may be of interest to you, which may include Wanderist Life using automated dialing technology to text or call you at the wireless number you provided. You agree to indemnify and hold Wanderist Life 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.
2.4 Disclaimer. Wanderist Life and its designated 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 Program, whether or not occasioned directly or indirectly by an act or omission of Wanderist Life 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 Wanderist Life or any Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by Wanderist Life or the Other Providers, or any negligent or willful act or failure to act of Wanderist Life 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 Wanderist Life and/or its designated travel program team members for any such loss, damage, injury, or death and assume the risk of Wanderist Life's negligence.
2.5 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 Wanderist Life 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 Wanderist Life or third parties to execute additional written waivers. The benefits of such waivers shall apply equally to Wanderist Life and shall not limit the waivers or release herein. You hereby release Wanderist Life and all entities associated with Wanderist Life 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.
2.6 Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WANDERIST LIFE BE LIABLE TO YOU, YOUR EMPLOYER, OR TO ANY OTHER PERSON FOR (A) 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 WANDERIST LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY CHANGE IN YOUR EMPLOYMENT STATUS AS A RESULT OF PARTICIPATING, OR (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE AMOUNTS PAID BY YOU TO WANDERIST LIFE IN CONNECTION WITH THE PROGRAM OR THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (D) 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, Wanderist Life shall not be liable to you for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances.
2.7 Assumption of Risk. Wanderist Life Programs travel to a large number of countries around the world. In joining Wanderist Life, 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. Wanderist Life assumes no responsibility for gathering such information or providing it to you.
2.8 Itinerary Changes. Wanderist Life 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.
3.1 General. Wanderist Life reserves the right in its sole discretion to accept, decline to accept, or remove any participant on a Wanderist Life Program or any part thereof at any time. Wanderist Life 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 outstanding fees in its entirety and your travel costs as you leave the Program.
3.3 Background Check. Wanderist Life 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. Wanderist Life is not a legal advisor or a professional advisor and it does not provide guidance on visa processes.
3.5 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 Wanderist Life may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. Wanderist Life is not a tax advisor or a professional advisor and it does not provide tax guidance.
3.6 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, Wanderist Life 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. Wanderist Life has no responsibility or obligation to notify participants of all applicable local laws.
4. Payments, Cancellations, & Refunds
4.1 General. The payment policies that are in effect upon your acceptance into a Wanderist Life Program shall apply for the duration thereof, notwithstanding updates hereto. However, should you finish a specific Wanderist Life Program and choose to enter another Wanderist Life Program, the most up to date Payment Policies for that Program will apply.
4.2 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 Wanderist Life Program, 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.
4.3 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.
4.4 Recurring Billing. You acknowledge that some Wanderist Life Programs 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 ACCOUNTING@WANDERISTLIFE.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.
4.5 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 ACCOUNTING@WANDERISTLIFE.COM. 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.
5. Health & Medical
5.1 Health Requirements. By registering for a Wanderist Life Program 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 Wanderist Profile to be completed at the beginning of the on-boarding process. Wanderist Life encourages participants to consult a doctor for specific medical advice related to any activities or destinations. Wanderist Life 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 Wanderist Life 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 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 Wanderist Life 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 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 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.
5.3 Emergency Contact. Wanderist Life reserves the right to contact your stated emergency contact for any reason related to your health or safety.
6. Photographs, Video & Content
6.1 License Grant. Wanderist Life 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 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.
6.3 Social Media. Additionally, by joining a Wanderist Life Program and/or using the Services, you grant Wanderist Life a royalty-free irrevocable license to re-post or use for any purpose, any image or video including the #wanderistlife #wanderist #wanderyear #UpRoot or any written content (blog posts and articles) regarding Wanderist Life that you post on the internet and/or social media. We will always provide attribution. If you do not want to grant this specific right to Wanderist Life, please opt out by contacting: email@example.com
Note: In plain english, paragraph 6.3 doesn't mean that Wanderist Life will "own" the content going forward. As the author of the content, you’ll still own it and you can do with it what you want. What paragraph 6.3 creates (unless you opt out) is an irrevocable (no take-backs!), royalty free (no compensation will be provided), right to use the content. We LOVE the content our participants post during their Wanderist Life experiences and we reserve the rights mentioned above because it allows us to share your amazing photos, videos, and written content with a wider audience without going through the cumbersome process of asking for permission each and every time.
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 the Program or Services, or against Wanderist Life 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. (Your safety and enjoyment are top priorities, so we hope it doesn’t come to this.)
PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH WANDERIST LIFE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
7.2 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 Wanderist Life, 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.
i. Arbitration Fees. The JAMS rules will govern payment of all arbitration fees. Wanderist Life 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.
ii. Small Claims Court. Either you or Wanderist Life may assert claims, if they qualify, in small claims court in Atlanta, GA or any United States county where you work or live.
iii. 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: Wanderist Life, LLC, Attn: Legal Department, 619 N Copeland St., Tallahassee, FL, 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.
iv. Exclusive Venue: The arbitration shall be held in Atlanta, Georgia, 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 Atlanta, Georgia. 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 Atlanta, Georgia. 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.
v. Deposition. You and Wanderist Life 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.
7.3 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 Wanderist Life 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 Wanderist Life over whether to vacate or enforce an arbitration award, YOU AND WANDERIST LIFE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
7.4 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 Wanderist Life and not subject to arbitration under the language above shall be litigated, if at all, in and before the courts of the State of Georgia, 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 Georgia 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 Georgia without regard to conflicts of law principles.
7.5 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.
7.6 Indemnification. If requested by Wanderist Life, you will defend, indemnify, and hold harmless Wanderist Life from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by Wanderist Life 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 Wanderist Life 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 Wanderist Life. Wanderist Life 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 Wanderist Life acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms and Conditions, Wanderist Life’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.
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, which shall remain in full force and effect.
8.2 Entire Agreement. These terms, any and all language directly linked to within these terms, and any official Wanderist Life policies and waivers constitute the entire and exclusive agreement between you and Wanderist Life 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.
8.3 Assignment. You cannot assign, transfer or sublicense these Terms and Conditions, or your acceptance into a Wanderist Life Program, or any accommodations, workspace seats, or services provided as part of a Wanderist Life Program, 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 Wanderist Life, and neither party has any authority to bind the other in any respect.
8.4 Confidential Information. Throughout the course of your participation in a Wanderist Life Program or while using the Services, you may be exposed to information, Wanderist Life vendors, Other Providers, documents, trade secrets, processes, and procedures that are confidential, proprietary to, and/or the intellectual property of Wanderist Life (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 Wanderist Life trip; (ii) disseminate or publish Confidential Information; or, (iii) use Confidential Information to harm or compete with Wanderist Life.
8.5 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.
8.6 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.