Trip Terms & Conditions
Updated: September 4, 2020
These Terms and Conditions contain important information about participating in The Out Of Office Travel Club experience (as defined below), and/or using the website, applications, or any other services (collectively the “services”), offered by The Out Of Office Travel Club, LLC (collectively with its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, and assigns referred to herein as “The OOO Club” or “The Out Of Office Club”), including future changes to these Terms and Conditions, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of
For you to have the BEST possible experience, it’s important that you (“you”, “your,” or “participant”) understand your rights and obligations vis à vis The Out Of Office Travel Club. More importantly, by joining us and using our services you are agreeing to these Terms and Conditions as a legally binding contract, so read this carefully and let us know if you have any questions!
We have included notes in boxes (like this one) throughout the Terms and Conditions where we thought some additional explanation might be helpful.
1. Important Notice to Participants
1.1 Acceptance. By accepting your invitation to participate in The Out Of Office Travel Club 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 The Out Of Office Travel Club.
1.2 Disclaimer. The Out Of Office Travel Club makes no verbal or written representation, warranty or agreements with respect to any The Out Of Office Travel Club or participation or the services, and The Out Of Office Travel Club’s responsibilities and liabilities are expressly limited as provided in these Terms and Conditions.
1.3 Changes. We are constantly trying to improve The Out Of Office Travel Club, so these Terms and Conditions may need to change. We reserve the right to change the Terms and Conditions at any time, but if we do, we will bring it to your attention by placing a notice on www.theoooclub.com, 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 The Out Of Office Travel Club 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. The Out Of Office Travel Club provides travel programs of varying lengths for working professionals, as well as programs not limited to working professionals, as outlined on its websites (www.theoooclub.com) (“The Out Of Office Travel Club” or “Experience” or “OOO Experience”). (For the sake of clarity, “The Out Of Office Travel Club” or “Experience” or “OOO Experience” as defined in this document includes the first OOO in Mexico City Experience, and any or all other OOO experiences developed and carried out thereafter, and special opportunities made available to some participants who have completed at least 1 OOO Experience that The OOO Club may provide (it is important to note that names for such programs have not been established yet, however, these terms and conditions will apply to any new developed unless and until specified otherwise). The Out Of Office Travel Club may organize and negotiate trip, housing, and program arrangements that are provided by independent third party providers (“Other Providers”). When provided by such Other Providers, The Out Of Office Travel Club 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 The Out Of Office Travel Club’s supervision or control. The Other Providers are solely responsible and liable for providing their respective products, provisions and services, unless otherwise specified. The Out Of Office Travel Club is not their agent and is not responsible for their actions or inaction. The responsibility of The Out Of Office Travel Club in connection with your program is strictly limited. The Out Of Office Travel Club makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of the products and services provided by The Out Of Office Travel Club or any Other Provider and any transportation, tours, services, products or facilities provided by Other Providers.
2.2 Your Account. You may be required to sign up for an account, and select a password and user name (“The Out Of Office Travel Club User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your The Out Of Office Travel Club User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.
2.3 Communications: You may receive communications from The Out Of Office Travel Club, including messages that The Out Of Office Travel Club sends you (for example, via email, phone call, SMS, and/or text message). BY JOINING OUR MAILING LIST OR REGISTERING YOUR EMAIL WITH US ANYWHERE ON OUR WEBSITE OR EMAILING US AT ANY OF OUR EMAIL ADDRESSES PROVIDED AT OUR DOMAIN OR SIGNING UP FOR THE PROGRAM OR USING THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM THE OOO CLUB, 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 THE OUT OF OFFICE TRAVEL CLUB. By providing us with your wireless phone number, you confirm that you want The Out Of Office Travel Club to send you information we think may be of interest to you, which may include The OOO Club using automated dialing technology to text or call you at the wireless number you provided. You agree to indemnify and hold The OOO Club 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. The OOO Club 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 The OOO Club 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 The OOO Club or any Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by The OOO Club or the Other Providers, or any negligent or willful act or failure to act of The OOO Club 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 The OOO Club and/or its designated travel program team members for any such loss, damage, injury, or death and assume the risk of The OOO Club’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 The OOO Club 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 The OOO Club or third parties to execute additional written waivers. The benefits of such waivers shall apply equally to The OOO Club and shall not limit the waivers or release herein. You hereby release The OOO Club and all entities associated with The OOO Club 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 THE OOO CLUB BE LIABLE TO YOU, YOUR EMPLOYER, YOUR CLIENT(S) OR POTENTIAL CLIENT(S), YOUR GUESTS/VISITORS, 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 THE OOO CLUB 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 THE OOO CLUB IN CONNECTION WITH THE PROGRAM OR THE SERVICES PROVIDED 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 OR MAY ONLY APPLY TO YOU IN PART. In connection with your OOO experience (trip), The OOO Club 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. The OOO Club will now and in future travel to a large number of countries around the world. In joining The OOO Club, 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. The OOO Club assumes no responsibility for gathering such information or providing it to you.
2.8 Itinerary Changes. The OOO Club 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 Experiences as planned, but alterations may still occur after final itineraries are sent.
3.1 General. The OOO Club reserves the right in its sole discretion to accept, decline to accept, or remove any participant or guest on The OOO Club or any part thereof at any time. The OOO Club 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 experience fee in its entirety and your travel costs as you leave the program.
3.2 Employment. If you as a participant in The OOO Club can work remotely and travel, then you are solely and individually responsible for securing and maintaining your job that can be performed remotely. The OOO Club is not a job opportunity provider nor does it negotiate with employers for any opportunities for participants.
3.3 Background Check. The OOO Club 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. The OOO Club is not a legal advisor or a professional advisor and it does not provide guidance on visa processes.
3.5 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, The OOO Club 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. The OOO Club 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 The OOO Club’s Payment Policies (“Payment Policies”). For clarity, the Payment Policies that are in effect upon your acceptance into The OOO Club shall apply for the duration thereof, notwithstanding updates hereto. However, should you finish a specific OOO Trip and choose to enter another OOO Trip, the most up to date Payment Policies will apply.
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 The OOO Club, 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, lender, 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. Note: Currently, one time invoice is generated for participants who are confirmed to go on an OOO experience. However, there may be additional 1-time payments generated for add-ons and incidentals.”
4.4 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 INFORMATION. CHANGES TO SUCH INFORMATION CAN BE SENT TO firstname.lastname@example.org. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU PAYMENTS AS PER ADD-ONS AND/OR INCIDENTALS.
5. Health & Medical
5.1 Health Requirements. By registering for The OOO Club 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 self-reported in writing by emailing to email@example.com to take place at the beginning of the on-boarding process. The OOO Club encourages participants to consult a doctor for specific medical advice related to any activities or destinations. The OOO Club 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 The OOO Club 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 The OOO Club 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. The OOO Club 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. The OOO Club 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 sub-licensable 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 The OOO Club and/or using the services, you grant The OOO Club a royalty-free irrevocable license to re-post or use for any purpose, any image or video including the @theoooclub and/or the #theoooclub or any written content (blog posts and articles) regarding The OOO Club 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 The OOO Club, please opt out by contacting: firstname.lastname@example.org with email containing an opt-out from media message.
Note: In plain english, paragraph 6.3 doesn’t mean that The OOO Club 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 The OOO Club 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 The OOO Club must be commenced within 6 months 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 and hope the community we build with your participation is not as well. However, 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 THE OOO CLUB 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 The OOO Club, 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.
1. Arbitration Fees. The JAMS rules will govern payment of all arbitration fees. The OOO Club 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.
2. Small Claims Court. Either you or The OOO Club may assert claims, if they qualify, in small claims court in Wilmington, Delaware or any United States county where you work or live.
3. 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: Attn: The Out of Office Travel Club, LLC, 3230 Vintage Crest Drive, San Jose, CA, 95146, 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.
4. Exclusive Venue: The arbitration shall be held in San Jose, California, 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 San Jose, California. 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 San Jose, California. 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.
5. Deposition. You and The OOO Club 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 The OOO Club 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 The OOO Club over whether to vacate or enforce an arbitration award, YOU AND THE OOO CLUB 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 The OOO Club and not subject to arbitration under the language above shall be litigated, if at all, in and before the courts of the State of California, 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 California 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 California 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 The OOO Club, you will defend, indemnify, and hold harmless The OOO Club from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by The OOO Club in connection with any claim by a third party arising out of or in any way related to: (1) your use of accommodations or transport provided for you, or your actions during an OOO Club 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 The OOO Club. The OOO Club 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 The OOO Club acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms and Conditions, The OOO Club’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 The OOO Club policies and waivers (e.g. the Code of Conduct, The OOO Club’s Payment Policies, The OOO Club’s Activity Waiver, and The OOO Club’s Travel, Accommodation, Workspace, and Tech Policies), constitute the entire and exclusive agreement between you and The OOO Club 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 The OOO Club, or any accommodations, transport, or services provided as part of The OOO Club, 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 The OOO Club, and neither party has any authority to bind the other in any respect.
8.4 Confidential Information. Throughout the course of your participation in The OOO Club or while using the services, you may be exposed to information, The OOO Club vendors, Other Providers, documents, trade secrets, processes, and procedures that are confidential, proprietary to, and/or the intellectual property of The OOO Club (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 The OOO Club trip; (ii) disseminate or publish Confidential Information; or, (iii) use Confidential Information to harm or compete with The OOO Club.
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 be 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.
8.7 Travel Insurance. You must have adequate travel insurance in order to participate in The OOO Club. The OOO Club may provide information about insurance options and references to trusted insurance partners during onboarding, however, you alone are responsible for securing said insurance and The OOO Club may or may not require you to present proof of said insurance.
Note: Whew! Yay, you made it to the end! If you cheated and scrolled straight down here and you didn’t read the content, go back and read it!
COVID Terms and Conditions:
“COVID-19” shall be interpreted as the Pandemic caused by the coronavirus disease (COVID-19) created by the virus known as severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). This clause also covers any potential mutation of the virus, together with any similar virus that would be categorized by the World Health Organization (“WHO”) as an epidemic and/or pandemic. Since COVID-19 is a Pandemic, a Force majeure clause is triggered. Any associated Force Majeure clause, section, paragraph or sentence, contained in these Terms, such as but not limited to this, shall remain in full force until such time as the WHO declares the COVID-19 Pandemic over.
- The OOO Club (supplier, founders, co-founders, partners) shall not be held responsible or liable if a customer contracts COVID-19 or shows symptoms and the customer will not be refunded. The customer could contract COVID-19 or show symptoms of it either:
- before, during, or after a trip and/or a Service performed by the Supplier;
- from a member of staff, another Customer, or a member of the public;
- inside the property, at a location recommended by a member of staff, or elsewhere.
- The customer will not be refunded and the supplier will not be held responsible if
- the Customer is unwilling or unable to travel to the country and/or location in which the booked OOO trip was set to occur;
- the Customer is prevented from traveling to the country and/or location in which the OOO trip was set to occur;
- the Customer is prevented from joining the accommodation in which the Booked Chapter was set to occur;
- the Customer is quarantined or in lockdown before, during, or after a trip or service provided by The OOO Club;
- the Customer is unwilling, unable, and/or prevented from enjoying, attending, and/or joining the OOO trip or any experiences booked following COVID-19, a resurgence of COVID-19, lockdown procedures, quarantine, or any other Governmental Regulations and/or Private Sector Regulations affecting the Supplier and/or the Customer, which indirectly or directly affects the experience, Services/ trips provided to the Customer.
- The OOO Club may not be able to provide a refund and the clients/customers may only be entitled to a partial credit and extenuating circumstances a full refund, at the Supplier’s sole discretion, if;
- the Supplier is unable to carry out the Services in the country and/or location in which the booked OOO trip was set to occur;
- the Supplier is prevented from carrying out the Services or is unable to do so due to travel or other government restrictions in the country and/or location in which the booked OOO trip is set to occurring from a location of travel to the destination;
- the Supplier is forced to delay, reschedule, postpone, interrupt, relocate or cancel the trip due to COVID-19 and/or a Force Majeure, Governmental Regulations and/or Private Sector Regulations and/or a customer falling ill or contracting COVID-19
- the Supplier is forced to quarantine, separate, reallocate, or remove some or all Customers from the OOO trip and/or location due to COVID-19, Governmental Regulations, Private Sector Regulations, and/or (a) Customer(s) falling ill, contracting, and/or being exposed to COVID-19.
- We will always strive to provide you with the latest information and data necessary for you to make an informed decision and be adequately aware of the requirements necessary to travel. However, we cannot give you personalized information. Please gather all required information before you book a trip to avoid any losses as we will not be able to refund you, unfortunately.
COVID Requirements by The OOO Club/Service providers:
The following are requirements set forth by The Supplier to ensure the safety of all its members traveling on a trip. The Supplier reserves the right to remove any Customer from the trip at its Sole discretion if any of the requirements below are not met:
- A negative COVID test is required within 72 hours of arrival at the destination
- Masks must be worn in public and at all OOO events
- Travel insurance is required for the entire duration of the trip including any and all travel days.
- No outside guests are allowed inside the apartments
- Immediate testing is required if a Customer experiences symptoms of COVID-19 (headache, fever, loss of smell or taste, coughing, cold-like symptoms) or may have been exposed to someone who has tested positive. The customer is responsible for taking immediate action with total transparency to the trip leads (informing and testing).
- To incentivize more testing, The OOO Club will cover the cost of the first test (up to $140) of a customer in the location of the trip should they need it. This only includes the medical expenses for the actual test.
- If a Customer has taken a COVID test, that Customer must self-isolate until results are back
- Quarantine/self-isolation immediately is required for 14 days, and until a subsequent negative COVID test is achieved, if the COVID test is positive
- Crowded areas and gatherings of more than 15 people indoors must be avoided (this includes bars, clubs, and house gathering)
The OOO Club COVID-19 policies:
The Supplier may remove a Customer from a booked trip / OOO trip/experience (on-going/future), at the Supplier’s sole discretion, should;
- the Customer has engaged in behavior deemed potentially detrimental to the health and safety of other customers or the wider population;
- the Customer refuses to take adequate steps to protect the health and safety of other customers or the wider population;
- the Customer refuses to respect, disregards, disobeys, neglects, ignores, breaches, violates, transgresses COVID-19 policies set by the Supplier above.
- the Customer refuses to respect, disregards, disobeys, neglects, ignores, breaches, violates, transgresses Governmental Regulations and/or Private Sector Regulations.
Should the Customer be found to have breached any element contained in the policies noted above, the Supplier may;
- remove the Customer from The OOO trip and/or location, and
- remove the Customer from The OOO Club Community; and
- withhold any and all sums paid by the Customer to the Supplier for the trip in which the breach has occurred, together with any future trips, Services, products, deposits, or associated monies.
- The Supplier shall not be liable for any loss incurred by the Customer as a result of breaching these terms. The Supplier declines all liability to reimburse the Customer for any consequential loss resulting from an early termination of Services, removal from a trip, and/or removal from The OOO Club Community, such as but not limited to, repatriation, loss of reputation, loss of employment, loss of reservation, loss of deposits, and/or any other financial loss.
- The Supplier shall not be liable for any loss incurred by the Customer should the Supplier cancel, postpone, reschedule, or suspend, a Booked Chapter and/or Services, for any reason including but not limited to COVID-19 or other Force Majeure. The Supplier declines all liability to reimburse the Customer for any consequential loss resulting from such termination of Services, cancellation, suspension, postponement, rescheduling of a OOO trip and/or Services, such as but not limited to, repatriation, loss of employment, loss of reservation, loss of deposits, and/or any other financial loss.
- The Supplier shall not be liable for any loss incurred by the Customer should the Supplier quarantine, separate, seclude, reallocate, distance, rearrange, remove, reassign (a) Customer(s) from the Trip/ experience and/or location, accommodation, room, quarters, house, apartment, dwelling occupied by (a) Customer(s) and used by the Supplier to carry out a Trip and/or perform the Services, for any reason including but not limited to COVID-19 or other Force Majeur. The Supplier declines all liability to reimburse the Customer for any consequential loss resulting from such change of Services, separation, rearrangement, reassignment, quarantine, removal, from the Trip and/or location, such as but not limited to, repatriation, loss of employment, loss of reservation, loss of deposits, physical or mental health deterioration and/or any other loss.
The Supplier shall have full rights and authority, at its sole discretion, to quarantine, separate, seclude, reallocate, distance, rearrange, remove, reassign (a) Customer(s) from the Trip/experience and/or location, accommodation, room, quarters, house, apartment, dwelling, places occupied by (a) Customer(s) and used by the Supplier to carry out a Trip/experience and/or perform the Services.
The Supplier shall have full rights and authority, at its sole discretion, to deny entry and/or remove (a) Customer(s) from the Trip/experience and/or location, accommodation, room, quarters, house, apartment, dwelling, places occupied by (a) Customer(s) and used by the Supplier to carry out a Trip/experience and/or perform the Services, if the Supplier has reasonable grounds to suspect the Customer is sick or has been in contact with someone sick, in the last 14 days preceding such suspicions.
The Supplier shall have full rights and authority, at its sole discretion, to carry out any act included but not limited to section 11, to protect, safeguard and/or preserve the health and safety of other Customers and/or members of the public.
Covid-19 has unfortunately changed the way we travel and will be traveling for the foreseeable future. Whilst challenging, it is absolutely possible to travel and have an amazing time during those difficult times. For that to happen, we must be incredibly cautious, respectful, and responsible towards one another, and the wider population. We will not hesitate to remove a member from a trip if we reasonably believe that they are putting others at risk, ignoring recommendations, guidelines, policies, or deliberately transgressing local mandates.
We trust our community and know that they will travel responsibly and use good judgment when needed. However, if a customer raises concerns that someone within OOO may be putting them or the group at risk, the supplier will have the right to take appropriate actions including and not limited to the clauses/reasons/actions mentioned above.
I, as a customer/client on any trip conducted by The OOO Club, state that I have read and fully understand the policies set forth above and fully accept them. My payment for any program also indicates my full acceptance of the policies, terms, and conditions.