Terms and Conditions for Intercambio Students
Voluntary Participation. By registering for and attending classes, you agree to these terms and conditions. You acknowledge that you have chosen to receive teaching services from Intercambio de Comunidades DBA Intercambio: Uniting Communities (the “Activity”). you have carefully read this agreement (and the working relationship agreement which is attached and incorporated hereto) and fully understand its contents. You understand that you cannot participate n the activity unless you agree to these Terms and Conditions, which you are doing voluntarily and of your own free will.
- Indemnity and Release. Except to the extent a Claim (as defined below) is caused by Intercambio’s negligence or intentional misconduct, you hereby waive and release, to the fullest extent permitted by law, any and all claims, losses, expenses, injuries, or damages, you may have based on, related to or arising from this Agreement or the Activity (“Claims”). You additionally waive and disclaim any and all right to recover from Intercambio or its affiliates or partners (“Released Parties”) any indirect, consequential, or incidental damages, including lost profits. You agree to indemnify and hold harmless the Released Parties from any and all liability, claims, loss, and/or damages the Released Parties may suffer as a result of claims against or losses incurred by the Released Parties arising from or relating to my breach of this Agreement, my violation of applicable law, or my negligence or intentional misconduct. This paragraph shall survive any expiration or termination of the Agreement.
- Funding and Costs. You understand and agree that Intercambio is under no financial obligation to assist the teacher or student. Teachers are providing teaching services without pay.
- Student Obligations. In addition to the other obligations set out in this agreement, you (Student) agree that the Student:
- shall be responsible for paying for the course.
- Shall attend scheduled classes.
- Shall notify your teacher if you must miss a class.
- Shall not have more than three unexcused absences.
- Shall answer assessment questions during mid-term and at the end of each two-month teaching term.
- Shall inform an Intercambio staff person immediately if you feel uncomfortable in your class for any reason at any time.
- Intercambio’s Obligations. Intercambio will serve in an advisory capacity for the Teacher and will:
- Assess Your language capabilities and match You to an appropriate level of instruction.
- Coordinate class times and days with each Student and Teacher.
- Provide the material (books) to students and teachers.
- Non-Disclosure. All information and documents provided to you by Intercambio including, without limitation, marketing plans, business strategies, financial information, forecasts, personnel information, training materials, lesson plans, contact information of other students, and information regarding your teachers (collectively, the “Confidential Information”), is proprietary and confidential. You agree not to transmit, disclose, or otherwise reveal to any third party any Confidential Information without the express prior written consent of Intercambio. You also agree not to use any such Confidential Information, except in connection with your relationship with Intercambio. You will use reasonable efforts to report issues or concerns related to your experience and/or your teachers to Intercambio staff.
- Term and Termination. This agreement will continue until both parties decide to change the terms or until Intercambio or the Student agrees it is time to separate. Subject to Student’s obligations above, Intercambio and Student each reserve the right to separate from the Intercambio program any time. Student and Intercambio each agree to provide the other with notice of separation. Sections 5, 7, 8, and 9 shall survive any expiration or termination.
- Publicity Rights. You grant Intercambio a non-exclusive, and royalty free license to reproduce, distribute, transform, display, perform, and use your image, likeness and sound of voice for any purpose, including but not limited to, promotional and educational publications, brochures, web sites, videos, presentations, newsletters, and annual reports.
- Relationship. You have no authority to, and shall in no event, bind Intercambio or enter into any contracts or relationships on behalf of Intercambio.
- Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The location of the arbitration hearing shall be Boulder, Colorado. Each party shall bear its own attorneys’ costs arising out of the arbitration, unless determined otherwise by the Arbitrator. This Agreement shall be governed, construed, and applied exclusively under the laws of the State of Colorado, irrespective of conflict of law principles. By agreeing to this binding Arbitration Provision, the parties understand that they are waiving certain rights and protections which may otherwise be available if a Claim were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this Arbitration Provision, the right to a jury trial, certain rights of appeal, and a right to invoke formal rules of procedure and evidence.
- No Assignment. This agreement and the Student’s rights and obligations under this agreement may not be assigned or transferred, in whole or in part, by the Student without Intercambio’s express prior written consent. Any attempted assignment, delegation, or transfer in violation if this provision will be null and void. Intercambio may assign this agreement or any of its rights under this agreement to any third party with or without the Student’s consent.
- Miscellaneous. This agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter of this agreement and, except as specifically provided in this agreement, supersedes and merges all prior oral and written agreements, discussions and understandings between the parties with respect to the subject matter of this agreement. This agreement may not be amended or modified except in a writing duly executed by authorized representatives of both parties. If any provision of this agreement is invalid or unenforceable for any reason in any jurisdiction, such provision shall be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. The invalidity or unenforceability of one or more of the provisions contained in this agreement shall not have the effect of rendering any such provision invalid or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provisions of this agreement invalid or unenforceable whatsoever. No waiver under this agreement shall be valid or binding unless set forth in writing and duly executed by the party against whom enforcement of such waiver is sought. Any such waiver shall constitute a waiver only with respect to the specific matter described therein and shall in no way impair the rights of the party granting such waiver in any other respect or at any other time. Any delay or forbearance by either party in exercising any right hereunder shall not be deemed a waiver of that right.