This Summer Work Travel Agreement (the “Agreement”) is entered into by InterExchange, Inc. (“InterExchange”), a not for profit 501(c)(3) corporation with its principal place of business located at 100 Wall Street, Suite 301, New York, NY 10005 with a telephone number of (212) 924-0446 and email address of firstname.lastname@example.org(“Contact Info”) and the applicant (“Applicant,” “Participant,” “me,” or “I”). The Effect Date of this Agreement shall be the date I submit my Application. InterExchange is a designated sponsor of the Summer Work Travel J-1 Visa Program (the “Program”) administered by the U.S. Department of State’s Bureau of Educational and Cultural Affairs. The Program provides foreign college and university students with opportunities to interact with U.S. citizens, experience U.S. culture while sharing their own cultures with Americans they meet, travel in the U.S., and work in jobs that require minimal training and are seasonal or temporary in order to earn funds to help defray a portion of their expenses.
InterExchange and I agree to the following terms and conditions:
Participant Eligibility. I certify that I am not a U.S. citizen and that I am between the ages of 18 and 28. I certify that I have read and understood all application materials sent to me by InterExchange, including, without limitation, this Agreement, the InterExchange Requirements and U.S. Department of State Regulations. I certify that I am enrolled full-time and pursuing studies at ministerially accredited post-secondary, classroom-based, academic institutions physically located outside of the U.S. and have successfully completed at least one semester, or equivalent, of post-secondary academic study. I understand that participation is subject to the break schedule of my academic institution. My intention is to participate in the cultural aspects of the Summer Work Travel Program.
English. I attest that my English language skills are sufficient to communicate with an employer on a day-to-day basis and during emergencies. Insufficient language skills may be a reason for my visa denial or ineligibility for the Program. All Program documents and communications will be in English.
Application. I attest that my application is accurate and agree to amend any disclosures if new information becomes available at any point during the application process or my participation in the Program. During the application process, I agree to participate in an in-person or video-conference interview by an InterExchange representative conducted in English.
Program Fees. I agree to pay all Program Fees due to InterExchange and the International Cooperator, if applicable. These Fees include a Program Fee, which will be provided after I submit my application, a SEVIS fee of $35.00 USD and a Visa Fees of $160.00 USD. I understand that some fees are non-refundable and I agree to review all fee disclosures prior to paying any fees.
Financial Considerations. Upon arrival in the U.S., I will have at least $800 USD to cover my expenses until I receive my first paycheck. I understand that my wages might only defray some of the Program Fees and living expenses and that I may need additional funds to cover my additional living and personal expenses. I also understand that my employment start date could be delayed , there could be a reduction promised work hours or that previously arrange employment may no longer be available due to factors outside of the control of InterExchange including, but not limited to, weather conditions or a delay in obtaining a Social Security number. In such a case, InterExchange will not be responsible for any expenses incurred by me as a result. Additional information regarding the cost of living and other travel and personal expenses that may be incurred during the Program can be found at: https://www.interexchange.org/work-travel-usa/j-1-exchange-jobs/resources-common-questions/.
Travel Arrangements and Expenses. I understand that I am responsible for any and all travel expenses and arrangements to and from the U.S. and any supplemental transportation within the U.S. The cost of my flight to and from the US is estimated to be between $500.00 and $2,000.00 USD. InterExchange will not arrange or provide any transportation for me or compensate me for any travel or transportation expenses. If I miss any flights or transportation, InterExchange is not responsible for any monies lost nor will InterExchange provide alternative transportation. I understand that acceptance to the Program and visa issuance are not guaranteed and that InterExchange is not responsible for the expense of arranging, changing, or canceling transportation due to a rejection of my application, a visa denial or any other unforeseen circumstances that may arise. I will make travel arrangements once I am approved for the Program and have been granted and have in my possession a J-1 Visa.
Acceptance and Ongoing Participation. InterExchange will determine, in its sole discretion, my eligibility to participate in the Program based on my application, interviews and ongoing adherence to the Program Rules and Regulations. After my acceptance to the Program and placement with a Host employer, InterExchange, in its sole discretion, can determine that I am no longer eligible to participate in the Program. 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 participation in the Program. InterExchange does not guarantee me employment, my compatibility with the Program or Host, or my satisfaction with the Program.
Eligible Employment. Eligible employment is either seasonal or temporary in nature. Employment is of a seasonal nature when the required service is tied to a certain time of the year by an event or pattern and requires labor levels above and beyond existing worker levels. Employment is of a temporary nature when the need for the services is a one-time occurrence, a peak load need, or an intermittent need. Additional information regarding eligible employment and securing a job can be found at: https://www.interexchange.org/work-travel-usa/j-1-exchange-jobs/resources-common-questions/.
Ineligible Jobs. Participants cannot be placed in positions: that could bring notoriety or disrepute to the Exchange Visitor Program; that require participants to purchase inventory that they must sell in order to support themselves; that involve domestic help in private homes (e.g., child care, elder care, gardener, chauffeur); at kiosks or cart stands at malls; at moving companies; as pedicab or rolling chair drivers or operators; as operators or drivers of vehicles or vessels for which drivers’ licenses are required regardless of whether they carry passengers or not; that require handling sensitive/personal information; related to clinical care that involves patient contact; in the adult entertainment industry (including, but not limited to jobs with escort services, adult book/video stores, and strip clubs); requiring work hours that fall predominantly between 10:00 p.m. and 6:00 a.m.; at home based businesses; in warehouses or factories; that are declared hazardous to youth by the Secretary of Labor at Subpart E of 29 CFR part 570; that require sustained physical contact with other people and/or adherence to the Centers for Disease Control and Prevention’s Universal Blood and Body Fluid Precautions guidelines (e.g., body piercing, tattooing (including henna), massage, manicure, hair braiding); that are substantially commission-based and thus do not guarantee that participants will be paid minimum wage in accordance with federal and state standards; involved in gaming and gambling that include direct participation in wagering and/or betting; in chemical pest control, warehousing, catalogue/online order distribution centers; with travelling fairs or itinerant concessionaires; for which there is another specific J category (e.g., camp counselor, intern, trainee); with employers that hire J-1 participants for 3 seasons (spring, summer, fall); as an independent contractor (1099 Form employee); in fisheries; in door-to-door sales or canvassing; in industrial style/scale service sector (jobs that involve assembly lines, repetitive movement using heavy machinery, use of industrial size steamers/pressers and dryers, use of industrial chemicals, factory-like atmosphere); at single-guard pools; that involve the use of deli slicers; that are not compensated hourly e.g. piece wages, stipends, etc.; or in the North American Industry Classification System’s (NAICS) Goods-Producing Industries occupational categories industry sectors 11, 21, 23, 31-33 numbers (set forth at http://www.bls.gov/iag/tgs/iag_index_naics.htm) including, but not limited to: construction (includes specialty trade contractors), mining (includes oil and gas extraction, support activities for mining), manufacturing (food manufacturing, textile mills, apparel manufacturing, wood product manufacturing, printing), natural resources (crop production, animal production, fishing, support activities for agriculture and forestry). Participants are not permitted to work for employment or staffing agencies unless the Participant would be an employee of and paid by the agency, there would be full-time, primary, on-site supervision of the Participant, and the work site is controlled by the agency through hands-on management of the Participant. This list is not all-encompassing and addition ineligible jobs may be added at any time by InterExchange.
Change of Host Employer. All Hosts must be vetted and approved by InterExchange. If I wish to change or take on additional employment during the Program, I must first contact InterExchange to request a Host Employer evaluation and approval. I understand that I cannot begin working at initial, replacement, or additional jobs until InterExchange has reviewed and approved my Employment Agreement and fully vetted and approved the Host. I can take on a second job as long as it does not interfere with the duties and responsibilities of my primary employment under the Program and the additional employer is an approved Host. Although I am permitted to leave the employment of a Host at any time, I understand that approval of and transition to a new Host employer is not guaranteed and may not be immediate. I agree to provide two weeks’ notice to a Host prior to terminating my employment unless the termination is for cause such as exposure to exploitative or unreasonable circumstances. InterExchange will terminate my participation in the Program if I enter into an employment agreement with a third party that has not been expressly approved by InterExchange or if I fail to provide two weeks’ notice, unless otherwise excused. InterExchange is not responsible for any expenses I incur or lost wages as a result of a change in Host or delay in transition.
Program Duration. The maximum duration for employment under the Program is 4 months (12 months for Participants that are citizens of Australian or New Zealand) (the “Program Term”) and must take place between the start and end dates as stated in the Participant’s DS-2019 form. Extensions of the Program are not permitted. I agree not to seek to change my visa status during the Program.
Federal, State and Local Laws. I received, reviewed and agree to comply with the U.S. Department of State regulations in 22 CFR Sec. 62 (“the Regulations”), which may be amended from time to time and are located at http://j1visa.state.gov. I will immediately comply with any changes to the Regulations. I received and reviewed a copy of the Department of State’s Summer Work Travel Participant Letter located at http://j1visa.state.gov/wp-content/uploads/2013/05/2013-swt-participant-letter.pdf, a copy of the Department of State’s Summer Work Travel Program Brochure, and the Wilberforce Brochure. 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 I am convicted of a crime or if InterExchange believes I have engaged in any activities which violate the program Rules and Regulations.
Rules. I will abide by all Program Rules as established by InterExchange which are contained in this Agreement or other Program documents. I will cooperate fully with InterExchange and abide by any reasonable instructions. I have visited the Resource Center available on the InterExchange website at https://www.interexchange.org/work-travel-usa/j-1-exchange-jobs/resources-common-questions and read the Program documents located therein that further clarify the Program Rules and Regulations. Amended versions of the documents will be located in the Resource Center. If there is a conflict between this Agreement and other Program documents, this Agreement shall be controlling.
Valid Passport. I am responsible for obtaining a valid passport that is valid at least 13 months longer than the Program Term. I am solely responsible for safeguarding my passport and agree not to surrender it to any unauthorized person or entity. If I am in doubt about whether an organization should possess my passport, it is my duty to investigate. If I lose my passport, I am responsible for replacing it at my own expense.
Visa Requirements. I must complete and comply with all J-1 Visa requirements in accordance with instructions provided by InterExchange and the U.S. government. The decision to grant a J-1 Visa is at the sole discretion of the U.S. Embassy or appropriate Consulate in my country of residence and there is no guarantee a J-1 Visa will be granted.
Cultural Exchange. I understand that my Host must provide me with opportunities to work alongside U.S. citizens and allow me time outside of work hours to attend cultural events and interact with U.S. citizens.
Non-Compliance. My failure to comply with these Rules and Regulations and any other Program requirement could result in the termination of my participation in the Program, the decision of which is at the sole discretion of InterExchange.
Interview and Selection. InterExchange recommends that I participate in an interview with potential Hosts by telephone, in-person or by video conference prior to accepting employment. The final decision regarding employment is the sole responsibility of the Host and Participant. Hosts are not employees of InterExchange and InterExchange does not exercise control over their actions.
Employment Offer. At the time of an offer of employment, the Host must provide a written Employment Agreement to the Participant which includes accurate, complete, and timely information that clearly explains all terms and conditions of employment activities (i.e., employer name and address, job duties, position duration, number of work hours and schedule, wages and other compensation, and any deductions for taxes, housing and transportation) (the “Employment Agreement”). In addition, the Host must include in the Employment Agreement an itemized list of any fees charged by the Host to the Participant as well as other typical costs, conditions, and restrictions.
Orientation and Training. I agree to complete all modules of the online Work Travel USA Orientation provided by InterExchange prior to my arrival in the U.S.
Hours. The Host must make good faith efforts to provide Participants the number of hours of paid employment per week as agreed to with InterExchange and stated in the Employment Agreement. The number of work hours available is usually between 33 and 40 hours per week. Work hours cannot fall predominantly between the hours of 10:00pm and 6:00am. Additional information regarding work hours and duties will be provided at the time of employment offer.
Compensation. The Employment Agreement must clearly state the Wages to be paid for hours worked. In addition, the Employment Agreement must detail Federal, State, and Local Minimum Wage requirements and specify the compensation offered. The compensation must be at least the higher of: (i) the applicable Federal, State, or Local Minimum Wage (including applicable overtime payment requirements); or (ii) pay and benefits commensurate with those offered to other similarly situated Host employees (the “Minimum Wage). Hosts are prohibited from compensating a Participant on a “piece” basis (e.g., number of rooms cleaned). Additional information regarding compensation will be provided at the time of employment offer.
Personal Expenses. InterExchange is not responsible for any personal expenses incurred by me. I am responsible for all non-work-related personal expenses such as baggage check fees for arrival and return flights, personal telephone bills, personal travel expenses, and health expenses.
Housing and Transportation. The Host may choose to provide housing or transportation to and from the work site but is not required to do so. Participants are not required to accept housing and/or transportation offered by the Host.
If housing is provided, the accommodations must be safe, affordable, suitable, and acceptable. To be considered safe, housing must, at a minimum, meet all applicable local laws and regulations, including with respect to ventilation, utilities, and occupancy rates. If transportation is provided, the transportation must be reliable, convenient and affordable. If housing and/or transportation is provided by the Host, the Employment Agreement must include the details of such arrangements including the cost of the housing and/or transportation, whether the cost is deducted from the Participant’s Wages and the market value of the housing and/or transportation, as required by the Fair Labor Standards Act regulations set forth at 29 CFR part 531. If the cost is deducted from the Wages, the calculation of cost and the deductions must be detailed in the Employment Agreement. In addition, the Host must be able to demonstrate that the total compensation paid meets at least the Minimum Wage.
InterExchange recommends against the deduction of the cost of housing and transportation from Wages, as complications can arise with regard to taxes, rental fair market value calculations and the Fair Labor Standards Act. In addition, InterExchange recommends that the Host and the Participant enter into a written agreement, separate from the Employment Agreement, regarding any housing and transportation arrangements (i.e. a rental property lease agreement).
Information regarding Fair Market Rents by region can be found at:http://www.huduser.org/portal/datasets/fmr/fmrs/FY2013_code/select_Geography.odn
Vacation. Participants should receive time off in line with the Host’s ordinary business practices for similar employees.
Taxes. Under federal law, any compensation I receive constitutes “wages” and I am required to file a U.S. individual tax return. I am solely responsible for compliance with and payment of any federal, state and local tax laws which apply to the J-1 Summer Work Travel Visa. I may need to secure either a Social Security Number (SSN) or a Taxpayer Identification Number (TIN). InterExchange will not provide guidance regarding tax matters. I will seek professional assistance from the Internal Revenue Service, the Social Security Administration, or a certified tax professional who can advise me on my personal tax situation, which I understand may vary from other J-1 Visa participants’ situations.
Communication with InterExchange. I will communicate with, and provide all requested information to, InterExchange staff members during the Program. I will report my arrival to InterExchange within 10 days of the start date on my DS-2019 form and will check in with InterExchange every 30 days for the duration of the Program. In addition, I will report, any changes in my location of residence during the Program and any changes in my employment during the Program within 10 days. I will immediately contact InterExchange at the Contact Info provided herein regarding significant matters including, but not limited to, those related to Program Fees, my visa, illness, hospitalization, any exploitative or unreasonable circumstances to which I am exposed, or anything that could impact my continued participation in the Program. I will notify InterExchange by telephone and in writing if a serious problem or dispute develops between me and the Host. My failure to communicate with InterExchange as required herein, including a failure to timely update my contact information, to check in with InterExchange or to notify InterExchange of a change in employment, could result in termination of my participation in the Program, the decision of which is at the sole discretion of InterExchange.
Changes in Contact Information. During the Program, I will immediately notify InterExchange at the Contact Info provided herein by telephone and in writing of any change in my address and contact information, including, but not limited to, my email address. Changes in address and contact information do not excuse Participants from meeting the communication requirements of the Program.
Emergency Communications. I will provide my mobile telephone number to InterExchange 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. In the case of an emergency, safety or health issue, I will contact InterExchange at the Contact Info provided herein by telephone and in writing immediately or as soon as is reasonable under the circumstances.
Health and Safety Release. I permit InterExchange to discuss health and safety issues pertaining to me with my Host, relatives, emergency contacts, International Cooperator (if applicable), insurance company, healthcare officials, law enforcement, the U.S. Department of State or any other critical party with a need-to-know. I permit InterExchange and my Host to take, without liability or expense to themselves, whatever action they deem appropriate with regard to my health and safety and to place me in a hospital or health-related facility for medical services and treatment.
Accident and Sickness Insurance. I understand that basic Accident and Sickness Insurance coverage that meets the requirements of the Regulations is provided for me through a third-party insurance provider during the Program Term. I agree to review and accept the terms and conditions of this insurance policy. I am responsible for, without limitation, coinsurance, copayments and deductibles per the terms and conditions of the insurance policy. Any disputes regarding the coverage of this insurance are between me and the third-party insurance provider. InterExchange, my International Cooperator (if applicable), and the Host are not a seller or reseller of the insurance. I may also purchase, at my own expense, Accident and Sickness Insurance for up to 30 days prior to the Program begin date if arriving because the Program start date. If I choose to do so, I must request and pay for the insurance prior to arriving in the U.S.
Supplemental Insurance. The Accident and Sickness Insurance provided is limited to basic accident and sickness coverage. It may have exclusions or limitations that may cause me to incur out of pocket expenses and may not cover pre-existing conditions. I will investigate and strongly consider obtaining supplemental insurance at my own expense to meet my medical and travel insurance needs.
Automobile Insurance. If I purchase a vehicle while in the U.S, I must properly register and insure my vehicle per the requirements in my state of residence. I will not drive any automobile unless I have the proper licensing and insurance coverage meets or exceed the minimum mandatory insurance coverage required by law in the state and city where I am driving. InterExchange is not liable for any damages or losses resulting from my use of an automobile during the Program.
Code of Conduct. Participants are expected to report to the site of activity listed on their DS-2019 form. Failure to report to my pre-approved job and make a good faith effort to work at the position and honor my work commitment may result in Program termination. Participants must treat Hosts and all Host property with respect. If housing is provided, Participants must including obeying the terms of all leases and housing agreements specifically with regards to occupancy rules and overcrowding, noise and guest privileges, refraining from damaging any property, refraining from public disturbances, disorderly conduct, and obeying all local ordinances with regards to drinking age and open container rules. Failure to be respectful may result in Program termination.
Illegal Activities. During the Program, I shall not engage in any illegal activities or activities that may bring the Program or InterExchange into notoriety or disrepute. InterExchange will immediately terminate my participation in the Program if I am convicted of a crime or if InterExchange believes I have engaged in any activities that violate the Program Rules and Regulations including, but not limited to, theft, shoplifting, wage/hour theft, and falsifying timecards.
Privacy Protection. I will protect the privacy of my Host, other Hosts and other Participants. I will not post photos or any information regarding my Host or any other Hosts, Participants or persons associated with the Program on any website, blog, or the like. The Host must protect my privacy and the privacy of all other Participants and Hosts participating in the Program.
Incident and Investigation Notification. I will immediately notify InterExchange via telephone and in writing at Contact Info provided herein of any incidents or investigations at a work site that could bring the Department of State, the Program or InterExchange into notoriety or disrepute, including any potential litigation related to InterExchange, a Participant or the Program.
Disputes and Complaint Procedure. If a dispute arises between me and the Host regarding any matter including, but not limited to, duties, hours or compensation, InterExchange shall review the matter and determine, in its sole discretion, the resolution by which both the Host and I will abide. In the event that I wish to lodge a complaint about any services provided by InterExchange or any of its agents, representatives, independent contractors, vendors and/or affiliates (e.g., insurance vendor, International Cooperators, or anyone in a relationship with InterExchange), I will first notify InterExchange at the Contact Info provided herein by telephone and in writing in order to give InterExchange the chance to rectify the problem.
Discontinuance Due to Accident or Illness. In the event of an accident or illness that prevents me from safely or effectively continuing the Program, as determined by InterExchange in its sole discretion, my participation will be shortened. If my participation in the Program is shortened, I will leave the U.S. as required under the Regulations at my own expense.
At-Will Employment. All Participants are at-will employees and may choose at any time to leave a Host’s employment without recourse by the Host. In addition, I understand that the Host may end my employment placement at any time for any reason. If my employment ends before the completion of the term in my Employment Agreement, my participation in the Program may be terminated, in which case I must leave the U.S. as required under the Regulations at my own expense. However, discontinuance of my employment does not necessarily result in the end of my participation in the Program. InterExchange may find me an alternate employment placement.
Program Participation Decisions. I understand that InterExchange is a sponsor of the Summer Work Travel Program and not my employer or an employment agency. All decisions regarding the Participant’s Program status or dismissal from the Program shall be made at the sole discretion of InterExchange and shall be final. The Host may not represent to Participants that the Host has any authority over or influence on the Participants’ visa status.
30-Day Travel Period. Upon successful completion of the Program, I am permitted a 30-Day Travel Period during which I am allowed to travel within the U.S. It is a violation of immigration law and the Regulations to conduct any form of employment (including working for my Host) during the 30-Day Travel Period.
Timely Departure. I will leave the U.S. at the end of my Program Term, which is defined by the end date on my DS-2019 form plus my 30-Day Travel Period or, if the Program ends early, the date that I am required to leave the U.S. under immigration law and InterExchange requirements. InterExchange will report any circumstances of the Program ending early and violations of immigration laws to the U.S. Department of State and/or the U.S. Department of Homeland Security.
Program Conclusion. Following the conclusion of the Program and upon my timely departure, I will share my experiences during the Program with my friends, my family and other members of my community.
Residents in the European Economic Area (“EEA”) and Switzerland. If you are a resident of the EEA or Switzerland, the following information applies. We process personal data in various ways to facilitate your Application. We process personal data on the following legal bases:
(1) with your consent; (2) as necessary to perform this Agreement; and (3) as necessary for our legitimate interests in providing our services to you where those interests do not override your fundamental rights and freedom related to data privacy. Residents of the EEA or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. Personal data we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. Upon the start of enforcement of the General Data Protection Regulation (“GDPR”), we will ensure that transfers of personal information to a third country or an international organization are subject to appropriate safeguards as described in Article 46 of the GDPR. If you are a resident of the EEA or Switzerland, you are entitled to the following rights once the GDPR becomes effective:
The right to access, rectify, or obtain your data – you have the right to request that we provide you with access to your personal data, enable you to rectify inaccurate personal data, or request that we provide you with your personal data in a portable format.
The right to request data erasure – you have the right to have your data erased from our systems if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
The right to restrict or object to our processing – you have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.
The right to object to automated decision making – you have a right to avoid being subject to automated decision making and insist on human intervention if we make an automated decision that produces a legal or a similarly significant effect on you.
You may send privacy-related requests and inquiries to InterExchange at email@example.com.
Onward Transfers of Data to Third Parties. InterExchange may disclose your personal data to host families, the United States government, or other entities as necessary to carry out its responsibilities under this Agreement. By accepting this agreement, you consent to such transfer or disclosure of your data to third parties.
Health-Related Data. It may be necessary for InterExchange to collect health-related information from you in order to process your Application. InterExchange may disclose your health-related information, but only where persons or entities have a need to know that information or InterExchange is legally required to disclose it, such as disclosures to host families, governmental entities, or when there is an emergency. By accepting this agreement, you explicitly consent to our processing, including disclosure, of your health-related information as described above.
Entire Agreement. This Agreement 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 the U.S. Department of State or 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 to the Participant of any amendments except for those required by a government agency to be effective immediately.
Assignment. This Agreement is applicable only to me and cannot be assigned or transferred.
Third Party Beneficiaries. The terms and conditions of this Agreement exist only for the benefit of the parties to this Agreement.
Waiver, Void Provisions and Survivorship. 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. Provisions that should reasonably be considered to survive termination of this Agreement will survive.
Legal Notice. 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.
Force majeure. 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.
Non-Retaliation Policy. InterExchange will not retaliate or discriminate against a Participant who makes adverse comments related to the Program. InterExchange will not threaten Program removal or termination, adversely annotate a Participant’s SEVIS record, or otherwise retaliate against a Participant solely because the Participant filed a complaint, exercised or asserted any right or protection, instituted any proceeding, testified or is about to testify, or consulted with an advocate or attorney in relation to a Program related grievance or other work-related legal matter.
Publicity Release. I authorize InterExchange to use my name, likeness, image, voice, biographical information and appearance from any documentation, statements, testimonials, pictures, photos, video recordings, audiotapes, and the like, related to my participation in the Program for promotional purposes. I assign all copyright and other intellectual property rights, including renewal rights, described herein to InterExchange and waive any right to approval, notification, consideration or permission for the use thereof.
Non-Disparagement. I will not disparage or comment negatively about InterExchange, its officers, management, employees, my Host, other Hosts or other Participants.
Release. 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 of any International Cooperator, Participant, Host or third party, including, but not limited to, any guests, employees or agents thereof.
Limitation on Liability. If a legal authority finds InterExchange, its officers, management, employees, and affiliates liable for any damages, injury or loss related to my participation in the Program, liability shall be no greater than its role as a nonprofit Sponsor under the U.S. Department of State regulations and no greater than the amount of the fees I paid to InterExchange for the Program. I agree that nothing herein creates a duty or obligation under the law.
Dispute Resolution. 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.