Workbreaker

Participant Terms & Conditions

Effective November 16, 2021

 

We are excited you have decided to join the Workbreaker experience! We thrive on your learning and happiness and it is our mission to deliver unique and memorable experiences that help you work better. As we grow in our mission, we need to make sure our community interacts with our Services in a fair and honorable way so that we can continue to provide even better experiences in the future while making sure we’re not destroyed by the lawyers.

 

These Terms and Conditions contain important information about participating in a Workbreaker program (as defined below), and/or using the website or any other Services (collectively the “Services”), offered by Workbreaker which is a program owned and operated by The Late Majority, LLC (collectively with its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, and assigns referred to herein as “Workbreaker”), 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. 

 

Workbreaker (also “we”, “us”, “company”, and “our”) is owned and operated by The Late Majority, LLC, a Minnesota limited liability company.

 

For you to have the bestpossible experience, it’s important that you (“you”, “your,” or “participant”) understand your rights and obligations in participating in a Workbreaker program. 

 

By registering for a Workbreaker program and using our Services you fully acknowledge and unconditionally agree to these Terms and Conditions as a legally binding contract, so read this carefully.

 

If you have any questions or comments about any of these terms, feel free to contact: dan@workbreaker.com

 

 

 

1. Important Notice to Participants

 

1.1 Acceptance. By accepting your invitation to participate in Workbreaker 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 Workbreaker.

 

1.2 Disclaimer. Workbreaker makes no verbal or written representation, warranty or agreements with respect to any Workbreaker program or participation or the Services, and Workbreaker’s responsibilities and liabilities are expressly limited as provided in these Terms and Conditions.

 

1.3 Changes. We are constantly trying to improve Workbreaker programs, 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 sending you an email, and/or by some other means. Please review all updates, as once the Terms and Conditions have been updated your continued participation in a Workbreaker 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.

 

1.4 Privacy Policy. By joining a Workbreaker Program or using the Services in any manner you are agreeing to our Privacy Policy. The protection of your data is important to us. Please review our Privacy Policy for more information about how we collect, use, and store data. Our Privacy Policy can be found at: https://www.workbreaker.com/privacy-policy

 

 

2. The Services

 

2.1 General.Workbreaker provides travel and leadership programs of varying lengths, as listed on its website. Workbreaker may organize and negotiate housing and program arrangements that are provided by independent third party providers (“Other Providers”). When provided by such Other Providers, Workbreaker 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 Workbreaker’s supervision or control. The Other Providers are solely responsible and liable for providing their respective products, provisions and services, unless otherwise specified. Workbreaker is not their agent and is not responsible for their actions or inaction. The responsibility of Workbreaker in connection with your Program is strictly limited.  Workbreaker makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of the products and services provided by Workbreaker or any Other Provider and any transportation, tours, services, products or facilities provided by Other Providers.

 

2.2 Communications:You may receive communications from Workbreaker, including messages that Workbreaker 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 WORKBREAKER, 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 WORKBREAKER. By providing us with your wireless phone number, you confirm that you want Workbreaker to send you information we think may be of interest to you. You agree to indemnify and hold Workbreaker 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.

 

2.3 Disclaimer.Workbreaker and its designated travel program team members are not liable for, and you waive any claim for: (A) any damage to, or loss of, property or injury to, or death of, persons suffered during a Program, whether or not occasioned directly or indirectly by an act or omission of Workbreaker 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 Workbreaker or any Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by Workbreaker or the Other Providers, or any negligent or willful act or failure to act of Workbreaker 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 Workbreaker and/or its designated travel program team members for any such loss, damage, injury, or death and assume the risk of Workbreaker's negligence.

 

2.4 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 employee of Workbreaker 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 Workbreaker or third parties to execute additional written waivers.  The benefits of such waivers shall apply equally to Workbreaker and shall not limit the waivers or release herein.  You hereby release Workbreaker and all entities associated with Workbreaker 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.

 

2.5 LIMITATION OF LIABILITY. You hereby agree, on behalf of yourself, as well as your executors, administrators, heirs and assigns, to fully and unconditionally release The Late Majority LLC, Workbreaker, and its Affiliates from any and all disputes, controversies, and/or claims for damages, harms, debts losses, liabilities, fines, statutory amounts, fees, costs and expenses and/or penalties – regardless of how they occur or their legal implications –arising out of or relating to Workbreaker, our Affiliates, our third party partners and providers, and/or our Services, i. This clause embraces, but is not limited to, a full and unconditional release from: lost profits; lost revenue; loss of opportunity; harm to reputation; pain and suffering; loss of earning capacity and other economic losses; emotional damages; loss of enjoyment and/or consortium; loss of use of Services or any associated products or services; interruption of business; cost of capital, facilities, services, labor, and/or salaries; downtime, shutdown, and/or slowdown costs; spoilage of materials; inaccuracy, destruction, and/or loss of any data; any damages multiplier, including but not limited to any provision at law for double or treble damages; attorney fees; litigation costs; the cost of substitute services; any additional penalties(including without limitation administrative and/or civil penalties); and any other actual, direct, indirect, special, incidental, consequential, exemplary, reliance and/or punitive damages – even if Workbreaker and/or its Affiliates were advised as to the possibility of such. ii. This clause applies regardless of whether the matter implicates negligence, intentional conduct, or otherwise. This clause applies regardless of whether the matter involves a statutory, tort, contractual and/or other dispute. iii. In no event whatsoever will our maximum aggregate liability exceed $50 for damages, harms, losses, costs, fees, expenses, penalties, and fines arising out of or relating to Workbreaker and/or our Services. d. Indemnification. You agree to indemnify, defend, and hold Workbreaker and its Affiliates harmless in connection with any and all third party disputes, controversies, and/or claims for damages, harms, debts, losses, liabilities, statutory remedies, fines, fees, costs and expenses and/or penalties arising out of or relating to your use of Services and/or your acts and/or omissions in connection with Services, regardless of whether said acts and/or omissions are alleged to have resulted from negligence, reckless, and/or knowing intent. You acknowledge and agree that Workbreaker and its Affiliates reserve the exclusive right to control the defense, settlement, and selection of counsel in connection with any claim, dispute, or controversy for which you are bound to provide indemnification by this clause or any other term or condition.

 

2.6 Assumption of Risk. Workbreaker Programs take place in various countries around the world.  In joining Workbreaker, you agree to assume responsibility for your own safety, and you acknowledge that we cannot guarantee your safety at any time. Local conditions, including but not limited to infrastructure, road conditions, medical care, plumbing, agriculture, sanitation, building codes, safety, and security, may differ significantly from those found in the United States or your home country, as applicable. At any given moment there may be "trouble spots" in the world in terms of war, terrorism, conflict, unrest, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm. The United States Department of State and other governmental and tourist organizations provide information on foreign countries, including details of local conditions in specific cities and countries according to such agency's perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions. Workbreaker assumes no responsibility for gathering such information or providing it to you.

 

2.7 Itinerary Changes. Workbreaker reserves 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.

 

2.8 Guests. Participants are able to bring guests, (for example: friends, partners, spouses, family members) along for a program. The same Terms and Conditions apply to guests as it does for the primary participant.

 

3. Eligibility

 

3.1 General. Workbreaker reserves the right in its sole discretion to accept, decline to accept, or remove any participant or guest on a Workbreaker Program or any part thereof at any time. Workbreaker 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.

 

3.2 Background Check. Workbreaker reserves the right to do background checks and to consider the results of said background checks in determining the eligibility of an applicant.

 

3.3 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. Workbreaker is not a legal advisor or a professional advisor and it does not provide guidance on visa processes.

 

3.4 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, Workbreaker 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. Workbreaker has no responsibility or obligation to notify participants of all applicable local laws.

 

 

4. Payments, Cancellations, & Refunds

 

4.1 General.The payment terms and cancellation and refund policies are as set forth in Workbreaker’s refund policy at www.workbreaker.com/faq

 

4.2 Billing.  We use various third-parties for billing, payment processing, and financing options (“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 Workbreaker 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.

 

 

 

5. Health & Medical

 

5.1 Health Requirements. By registering for a Workbreaker 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 Personal Information Survey to take place at the beginning of the on-boarding process. Workbreaker encourages participants to consult a doctor for specific medical advice related to any activities or destinations.  Workbreaker 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 Workbreaker 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 Workbreaker 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.Workbreaker reserves the right to contact your stated emergency contact for any reason related to your health or safety.

 

5.4 Travel Insurance. We strongly encourage participants to purchase adequate travel insurance in order to participate in a Workbreaker Program. Workbreaker may provide information about insurance options and references to trusted insurance partners during onboarding, however, you alone are responsible for securing said insurance and Workbreaker may or may not require you to present proof of said insurance.

 

 

6. Photographs, Video & Content

 

6.1 License Grant. Workbreaker reserves the right to take photographs and video during your trip. By participating in a Workbreaker program, 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 Workbreaker Program and/or using the Services, you grant Workbreaker a royalty-free irrevocable license to re-post or use for any purpose, any image or video including the #workbreaker or any written content (blog posts and articles) regarding Workbreaker that you post on the internet and/or social media. 

 

 

7. Legal

 

7.1 Choice of Law & Venue and time limitation for legal action. All disputes will be handled in Minneapolis, MN. Any claim, dispute, suit, matter, or controversy arising out of or relating to Workbreaker, our Services and/or these Terms of Service will be construed and governed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws principles. You agree that claims, disputes, cause of actions, and proceedings against Workbreaker must commence within one year of when the cause of action arises and shall be submitted exclusively to the jurisdiction of a state or federal court located in Minneapolis, MN. You hereby waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens. You acknowledge and agree that this provision is not intended to, in any manner, limit or negate the force or effect of the immediately subsequent provision entitled “Arbitration of Claims.”

 

7.2 Arbitration of Claims. Arbitration is a great way to avoid a protracted legal dispute. Any claim, dispute, suit, matter, or controversy arising out of or relating to Workbreaker, our Services and/or these Terms of Service may, at Workbreaker’s sole election, be settled exclusively and finally by arbitration. The arbitration shall be conducted in accordance with the commercial arbitration rules created by the American Arbitration Association and before a sole arbitrator. Under no circumstance shall punitive damages be awarded in the arbitration. Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. Furthermore, you agree that, prior to taking any legal action against Workbreaker, you will seek negotiate in good faith with Workbreaker and undertake reasonable efforts to reach a mutually satisfactory conclusion to your dispute.

 

7.3 Class Action Waiver.. You may only pursue a claim, dispute, suit, matter, or controversy arising out of or relating to Workbreaker, our Services and/or these Terms of Service in an individual capacity. You agree that you shall not be involved with any class or representative proceeding – or otherwise participate as a lead plaintiff or class member, in a putative or certified class – involving any claim, proceeding, action, controversy, or dispute arising out of or relating to Workbreaker, our Services, our Affiliates, and/or any agreement you may have formed with us.

 

7.4 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. Miscellaneous

 

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 Workbreaker policies and waivers (e.g. the Code of Conduct, Workbreaker’s Payment Policies, Workbreaker’s Activity Waiver, and Workbreaker’s Travel, Accommodation, Workspace, and Tech Policies), constitute the entire and exclusive agreement between you and Workbreaker 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 Workbreaker Program, or any accommodations, workspace seats, or services provided as part of a Workbreaker 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 Workbreaker, 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 Workbreaker Program or while using the Services, you may be exposed to information, Workbreaker vendors, Other Providers, documents, trade secrets, processes, and procedures that are confidential, proprietary to, and/or the intellectual property of Workbreaker (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 Workbreaker trip; (ii) disseminate or publish Confidential Information; or, (iii) use Confidential Information to harm or compete with Workbreaker.

 

 

8.5 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.