I am at least 18 years old, and have carefully read and understand the Agreement below. No representations, statements, or inducements, oral or written, apart from the foregoing written statement, have been made. By clicking "I Accept" I intend this to be my electronic signature, to represent my signature, and I click this with the full intent of signing and complying with this Agreement. I Accept
Top Notch Internships Service Agreement (signed electronically by all Candidates): InternUSA Program Terms and Conditions: Top Notch Internships, LLC Candidate Terms and Conditions, InternUSA (together with the online Privacy Policy, the “Agreement”) Be sure to read and understand this full Agreement before signing as it is provided for your protection as well as Top Notch Internships, LLC’s protection. If you are uncertain as to your rights and obligations under this agreement, you are encouraged to obtain your own legal advice. I, the “Candidate”, hereby agree as follows: 1.0 Definitions: “Candidate” or “I” or “You” or “Your” means the applicant who has made application to one of our Programs “Top Notch”, “TNI”, “We”, “Us”, “Top Notch Internships, LLC” or “Our” means Top Notch Internships, LLC and its Directors, Owners, members, partners, agents, servants, contractors, employees, and the individual(s) employed by or partnering with Top Notch Internships, LLC. “Program” means a Candidate directed marketing campaign in a United States market or markets “Program Fee” means the total fee paid by the Candidate for the TNI Program “Agreement” means these Terms and Conditions, together with the application information “Application Form” means the application for the Program to be completed by the Candidate to which this agreement is linked on the website “Organization” means the specific Organization or establishment where you do your Internship and includes the directors, managers, employees, representatives, faculty, and other people within their control at the Organization. “Internship” means industry or work related experience for Candidates conducted on-site within an Organization, initially as stated on the application form and thereafter as noted in any agreed and written Internship particulars. You, as Candidate, understand that the Program enables You to receive training and/or experience at an Organization together with professional development, and that you will not be paid for such work. TNI, its school partners and the host organization take no responsibility for the number of hours that the Candidate receives at the host organization or the ultimate content of the Placement. Hours and content are subject to occupancy, customer volume, seasonality and acts of nature, and while TNI cannot warrant or provide any representations regarding the specific day to day Internship. Candidate hereby releases TNI from liability for any injury, loss, damage, accident, delay, or expense arising out of any such matters. 2.0 Scope This Agreement applies to all applications made by you with us for a Program. 3.0 TNI Services Candidate shall receive the following inclusions from TNI related to the Program: *At least 150 contact names in Candidates industry and geography of choice. *A template for a cover letter, resume and interview tips (will not be customized) *Detailed instructions for delivering a personalized marketing piece utilizing said contact names above. All costs for delivering the mailer (postage, paper, printing) are the sole responsibility of the Candidate. 4.0 Candidate Obligations and Responsibilities *Full completion of all the mailing of the marketing piece as well as follow up correspondence including follow up e-mails, and follow up phone calls *Attendance at any and all interviews, including telephone interviews *Response to any reasonable requests by TNI or its agents, including responses to questions regarding company contact and offers *Convey truthfulness and honesty in all communications to TNI 5.0 Payment 5.1 In order to maximize the value of our Programs, TNI makes financial commitments on your behalf prior to the program start date. Some of these costs cannot be recovered if Candidates withdraw from Program. In order to protect the integrity of the Program, the financial commitments of TNI, its partners, and the interests of all program Candidates, we are obliged to observe the following policies on payments: 5.2 At the time of application, Payment of the Program Fee in full is required. The current Program Fee is available at www.topnotchinternships.com. 6.0 Cancellation and Termination 6.1 Should a Candidate fulfill his/her obligations under paragraph 4.0 and not receive an internship offer, the Agreement can be extended and additional contacts can be produced upon mutual Agreement of both the Candidate and TNI. If the Agreement is not extended, or if, at any time TNI or its agents is of the opinion that they will be unable to facilitate the Internship, this Agreement will automatically terminate. In this event, the Program Fee will be fully refunded to the Candidate. Refunds may take up to 30 days to process. 6.2 It is Candidate’s responsibility to keep TNI informed of the process and to notify TNI if an internship offer has been extended. Candidate agrees that 3 months from the Application date is a reasonable time frame for completion of the process. In order to be eligible for a refund under paragraph 6.1, Candidate must provide written notice to TNI of the lack of an internship offer within 3 months from the original Application date, together with proof that Candidate completed the mailer. Forms of proof include a receipt from the post office for the purchase of postage, or a certification from the post office of the mailer. Please be sure to obtain proof that the mailer was sent or we will be unable to process a refund. 6.3 If Candidate should breach his/her obligation to be truthful to TNI with respect to a refund request or fulfillment of obligations, Candidate agrees to pay TNI the applicable Program fee as of the original Application date, plus the maximum amount of interest allowable by law which would have accrued since the original Application date. 6.4 If, at any time TNI or its agents is of the opinion, for any reason, that the Program is unsuitable to a Candidate’s needs, this Agreement will automatically terminate, and all fees will be fully refunded to the Candidate. 6.5 Candidates may terminate this Agreement by giving notice to TNI at any time if TNI breaches this agreement and the breach is not capable of remedy, TNI breaches this Agreement and the breach is capable of remedy but TNI fails to remedy the breach within ten business days of the date of written notice of the breach from the Candidate. If Candidate terminates this Agreement due to these causes, under no circumstances shall TNI or any of its employees, agents, partners, directors, or managers, be liable to the Candidate for any losses, costs, or inconvenience suffered or incurred by the Candidate arising from such termination. 6.6 If this Agreement is terminated, then in addition to any other rights or remedies provided for by law each party is released from its obligations under this Agreement, other than in relation to any obligations intended to survive the termination of this Agreement, including those in paragraph 7.0. Each party retains any rights, entitlements, or remedies it has accrued prior to termination. If this Agreement is terminated for whatever reason or cause, under no circumstances shall TNI be liable to the Candidate for any losses, costs, or inconvenience suffered or incurred by the Candidate arising from such termination. 6.7 TNI does not warrant or provide any representations regarding the Self Program with regard to the following: The content at the host Organization, Accommodation, professional development, academic credit availability or transfer policies, health care insurance or emergency situations, conduct of the Organization or Candidate, legal problems, passport or visa problems, or Candidate travel or personal expenses. Candidate acknowledges that TNI does not offer any support or assistance beyond the Services detailed herein, and Candidate hereby releases TNI from liability for any injury, loss, damage, accident, delay, or expense arising out of any such matters. 7.0 Indemnification Candidate acknowledges that the Program services are limited to the definition herein, and Candidate does hereby, for Candidate, Candidate’s heirs, executors, administrators, and assigned, waive, release, covenant not to sue or seek compensation from, and forever discharge the Directors and Owners of TNI and their members, partners, agents, servants, Organizations, and employees and the individual(s) responsible for, and employed by or partnering with, the Program and their agents of and from any and all manner of action or actions, causes or causes of action, including, but not limited to negligence, suits, debts, accounts, damages, claims and demands of whatsoever in law, in admiralty, or in equity or otherwise, which I, the Candidate have or may acquire by reason of injury or death, damage or harm to person, or property, arising out of, or connected with the Program. Further, I, the Candidate, agree to defend, indemnify and hold harmless TNI, its Directors, Owners, Shareholders, Agents, Partners, Employees, Alumni, and any related parties from any and all claims, demands, and/or causes of action arising out of my own actions or inactions while participating in the Program. The terms of this section shall survive the termination of this Agreement. 8.0 General 8.1 In order to facilitate Your Program, it may be necessary from time to time for us to release or transfer Your personal information, to our partners or agents. By signing this Agreement, you grant us permission to release or transfer your personal information to such partners and agents. 8.2 You hereby grant us permission on a royalty free basis to use photos or images or comments made by you for promotional/marketing purposes without obtaining further specific permission or making any payment to you. Such use may include your name, age, university, town/city/area of residence. 8.3 This Agreement shall in all cases be governed by the laws of the State of Tennessee, in the United States of America, without regard to principles of conflicts of laws and international laws. Each party hereby submits to the exclusive jurisdiction and venue of the state and federal courts sitting in the State of Tennessee for resolution of any dispute relating to this Agreement. 8.4 Unless stated to the contrary, the relationship between the Candidate and the Organization will not be deemed to be one of employment. You hereby release Organization from any claim for worker’s compensation, health care, or any employment or unemployment benefits related in any manner to the Program, and you release TNI from any obligations in any manner related to any acts of the Organization. 8.5 If an internship offer is extended but forces beyond TNI’s reasonable control (including, without limitation, blackouts, storms, road closures, health risk outbreaks, transportation strikes, international visa work permit delays, acts of terrorism, acts of God, and Candidate’s personal circumstances) cause the internship to be interrupted, or delayed, Candidate is not entitled to any refund. 8.6 Candidate may not assign any rights or obligations under this Agreement without TNI’s prior written consent, to be given in TNI’s sole discretion. This Agreement shall inure to the benefit of and bind you and TNI and our respective successor, assigns, and personal and legal representatives. All releases of liability to TNI under this Agreement shall extend to TNI’s agents, staff, partners, alumni, employees, officers, directors, shareholders, and to all other persons and entities affiliated with TNI. 8.7 Candidate acknowledges that TNI and/or its agents may sub-contract or arrange for any third party to assist it or to perform any of the services or any of TNI’s rights, or obligations under this Agreement without Candidate’s written consent. TNI will make every reasonable effort to ensure that the suppliers of services are carefully selected. However, TNI does not own or operate any of the suppliers of services associated with the program. As a result, TNI is not responsible for any negligent or wilful act or the failure to act of any such third party. 8.8 This Agreement constitutes the entire Agreement between us and you with respect to the subject matter contained herein and supersedes all inquiries, proposals, agreements, negotiations, and commitments. 8.9 If any provision of this agreement is void, unenforceable, invalid, or illegal, and would not be so if a word or words were omitted, then that word or words are to be severed and if this cannot be done, the entire provision is to be severed from this Agreement without affecting the validity or enforceability of the remaining provisions of the Agreement. 8.10 Headings are inserted for convenience only and do not affect the interpretation of this Agreement. 8.11 TNI reserves the right to make cancellations, substitutions, or changes in Program details provided that they do not significantly alter the Program. 8.12 All monetary amounts are stated in US Dollars. 8.13 TNI would like to share the following information with Candidates regarding your electronic signature and rights: *You have the right to have the Agreement made available on paper or in non-electronic form. *You have the right to withdraw consent to the use of electronic records and any conditions or consequences that would thereby occur as a result of such withdrawal. *Your consent applies to this Agreement *To withdraw your consent, send a letter via certified mail to Top Notch Internships, LLC., 2148 E. Glenalden Germantown, TN 38139, asking for your data to be deleted from our database. *You may copy any form at anytime without cost by opening a form and clicking the print button on your browser. If you do not have a printer available and would like paper copies of your forms, you may send us a list of the forms you would like copied and a check or money order for $2.00 per page and we will provide you your copies. *The hardware and software specifications associated with accessing and retaining the electronic records are as follows: you must have a computer that can connect to the World-Wide-Web, together with a web browser. *Furthermore, if you withdraw your consent, the legal effectiveness, validity and enforceability of those electronic signatures or records provided or created prior to the withdrawal shall remain unchanged. InternABROAD Terms and Conditions Top Notch Internships, LLC Candidate Terms and Conditions, InternABROAD (together with the online privacy policy, the “Agreement”) Be sure to read and understand this full Agreement before signing as it is provided for your protection as well as Top Notch Internships, LLC’s protection. If you are uncertain as to your rights and obligations under this agreement, you are encouraged to obtain your own legal advice. I, the “Candidate”, hereby agree as follows: 1.0 Definitions: “Candidate” or “I” or “You” or “Your” means the applicant who has made application to one of our Programs “Top Notch”, “TNI”, “We”, “Us”, “Top Notch Internships, LLC” or “Our” means Top Notch Internships, LLC and its Directors, Owners, members, partners, agents, servants, contractors, employees, and the individual(s) employed by or partnering with Top Notch Internships, LLC. “Program” means a customized development program assembled by TNI or if an international program, a partner of TNI, including the voluntary work or Internship at the Organization where you will be training and in which you are placed. “Program Fee” means the total fee paid by the Candidate for the TNI Program “Organization” means the specific Organization or establishment where you do your Internship and includes the directors, managers, employees, representatives, faculty, and other people within their control at the Organization. “Internship” means industry or work related experience for Candidates conducted on-site within an Organization, initially as stated on the application form and thereafter as noted in any agreed Internship particulars. “Internship Placement Date” The date on which the Candidate is notified of a matching Internship “Agreement” means these Terms and Conditions, together with the application information “Application Form” means the application for the Program to be completed by the Candidate to which this agreement is linked on the website “Deposit” means the deposit needed to confirm enrollment in a Program. This deposit shall be applied to the overall price of the program. “Introductory Service Fee” means the fee to process the Application Form and hold an initial Candidate consultation, review, and assessment. “Final Payment” means the remaining balance of the total program fee “Visa” means any and all visas, permits, immigration approvals, or related documents which permits the Candidate to undertake the Internship. “Outline” means the description of Candidates internship of choice from their application “Accommodation” means furnished residence of the Candidate through the term of the Program. “Enrollment Date” means the date upon which TNI is in receipt of all requested materials, the Deposit, a full application, and approval of the Outline. Important Note regarding Spanish Speaking, Canada, and New Zealand Internships: Internship placement in these countries does not typically occur until close to summer. The Enrollment Date for applicants to these programs will in all instances, for purposes of refunds and timing, be no earlier than February 1st. “Self Directed Program” means the custom and Candidate directed marketing campaign TNI helps create for a custom location not offered through any other TNI Program. “On-Site Interview” means the interview with the agent located in the geographic region of choice 2.0 Scope This Agreement applies to all applications made by you with us for a Program. 3.0 Initial Application/Consultation 3.1 Candidates must submit to TNI an online application form with binding signature to this Agreement. Candidates are aware that TNI considers a variety of academic, health, behavioral, financial and safety issues in evaluating the appropriateness of an individual’s participation in a program, and that TNI reserves the right to decline any application. 3.2 Upon request, all Candidates must also supply official transcripts and emergency contact information in order to participate in the Program. Depending on the program, Candidates may also be required to submit English competence and test scores, passport information, visa confirmation, reference letters, a cover letter, photos, documentary evidence to TNI satisfaction that Candidate holds a Visa, and shall do so upon request. If fees apply for provision of any requested documents, Candidates will be responsible. 3.3 Upon receipt and review of all requested materials, together with the program deposit TNI will arrange a consultation with the Candidate and the appropriate International on site program. 4.0 TNI Services 4.1 Once a Candidate is enrolled in the Program, TNI must use reasonable efforts to facilitate the Internship, together with its on site partner, and within 8 (eight) weeks of the On-Site Interview. Prospective Organizations for a candidate’s placement are selected entirely at the discretion of the Organization, in accordance with the Candidate’s interests, skills, education, and experience, as communicated in the Outline. You, as Candidate, understand that the Program enables You to receive training and/or experience at an Organization together with professional development, and that you will not be paid for such work. TNI, its partners and the host organization take no responsibility for the number of hours that the Candidate receives at the host organization or the ultimate content of the Placement. Hours and content are subject to occupancy, customer volume, seasonality and acts of nature, and while TNI acts in good faith to communicate the nature of the internship, TNI cannot warrant or provide any representations regarding the specific day to day Internship. Candidate hereby releases TNI from liability for any injury, loss, damage, accident, delay, or expense arising out of any such matters. 4.2 Organizations may refuse acceptance of any Candidate for any reason. Please bear in mind that we do not have any control over which placements are actually available at the time of your application. Placement interviews with Organizations may be arranged for candidates by TNI or its partners. There will be no further placement interviews after the candidate is offered a placement by an Organization which reasonably represents the Candidate’s Outline, in the sole opinion of TNI. 4.3 Following any interview or communication in which TNI is not privy to items discussed, the Candidate must inform TNI of the content of the discussion immediately. Should Candidates arrange Placements on their own outside the scope of the program and based on information obtained through the Program, they have the option of allowing TNI to monitor the Placement and ensure the Placement meets program requirements or Candidates will have their program cancelled. In either case, there will be no refund of fees and where deemed necessary, immigration will be informed of the situation. 4.4 TNI does not warrant or provide any representations regarding the Program with regard to the following: The content at the host Organization, Accommodation, professional development, academic credit availability or transfer policies, health care insurance or emergency situations, conduct of the Organization or Candidate, legal problems, passport or visa problems, or Candidate travel or personal expenses. Candidate acknowledges that TNI does not offer any support or assistance beyond the Services detailed herein, and Candidate hereby releases TNI from liability for any injury, loss, damage, accident, delay, or expense arising out of any such matters. 5.0 Candidate Obligations and Responsibilities 5.1 Candidates must complete all correspondence, attend any and all interviews, including telephone interviews, arranged by TNI or its agents, and must respond to any reasonable requests by TNI or its agents. 5.2 Candidates are responsible for arranging and paying for their own travel (including airfare) to the airport closest to their Program site, and for their return journey at the end of your Program. TNI cannot meet, reimburse, or otherwise be responsible for any flight, travel, or other costs or expenses of any nature which are incurred or arise as a result of the Program not proceeding or being cancelled, curtailed, withdrawn, or changed due to any circumstances whatsoever. 5.3 Candidates are entirely and solely responsible for their own accommodation and personal expenses for the duration of the Program, including but not limited to: the cost of transport from your accommodation to the Organization on a daily basis, social activities, food, and all medical or health related expenses. In no event will TNI provide personal transportation or rides to Candidates. 5.4 Candidates agree that they will not request any payment from the Organization unless otherwise stated or offered by the Organization. In the event that the Candidate receives payment, they are responsible for payment of all taxes and compliance with all laws. If Candidate breaches the terms of his/her visa by receiving payment for the Program which is not permitted, the Program may be terminated and the Candidate may be deported from the country or even risk a fine or imprisonment. Accepting such payments may also affect Candidate’s insurance coverage. If you, the Candidate, accept payment from the Organization, Candidate does so at his/her own risk. 5.5 Candidates agree that they will ensure that they have health insurance coverage for the period of their trip, and agree to provide proof of such insurance prior to their Internship commencement date. The Candidate is responsible for checking the coverage provided to ensure it meets his/her needs. Please ensure that you bring policy details with you while at the Program site. For Australian programs, the policy must insure the Candidate on an indemnity basis for death and personal injury, physical or mental illness, and public liability for an amount regarding any one event of not less than $2 million, hospital cover, and transportation to the Candidate’s country of residence. The Candidate acknowledges that the Internship will not commence until such time as the Candidate has complied with these obligations to the reasonable satisfaction of TNI and its agents. Candidate recognizes that TNI is not obligated to attend to any of my medical or medication needs, and Candidate assumes all risk and responsibility therefore. If Candidate requires medical treatment or hospital care, in a foreign country or in the United States, during his/her participation in the Program, TNI is not responsible for the cost or quality of such treatment or care. TNI may (but is not obligated to) take any actions it considers to be warranted under the circumstances regarding my health and safety. Candidate agrees to pay all expenses related thereto and hereby release TNI from any liability for any such actions. TNI may contact my parent(s) or other designated emergency contact, and disclose otherwise confidential or private information, including, but not limited to, medical information if, in TNI’s discretion, such disclosure is necessary or desirable in order to assist or resolve an emergency involving the Candidate. 5.6 Candidates agree that they are entirely responsible for ensuring that they have obtained a Visa that is appropriate for their circumstances, and are responsible for the costs of obtaining such a Visa. TNI will use reasonable efforts to provide information to assist Candidate in obtaining the appropriate Visa, but Candidate recognizes that TNI is not a migration agent, does not give immigration assistance and does not receive any fees for provision of immigration assistance. 5.7 Candidates are responsible for damage or loss of all Organization materials. Candidates agree that Organizational documents, job listings, and related information are strictly confidential and solely for Candidate’s own limited use. Candidates agree to hold and treat the information in the strictest of confidence, and that Candidates will not directly or indirectly disclose or permit anyone else to disclose this information to any other person, firm, or entity without prior written authorization. 5.9 Candidates are expected to adhere to our Program code of conduct. This covers, but is not limited to: Respecting the culture and beliefs of others, working responsibly at the Organization, adhering to appropriate rules and regulations and customs, adhering to all local, state, or federal laws, adhering to dress code requirements of the Organization, adhering to Organizational attendance policies, adhering to Accommodation policies, and being respectful and committed to the Program from start to end. Further, TNI strictly prohibits the use of illicit drugs, firearms, weapons, explosives as well as involvement or affiliation in any criminal activity. Candidate agrees to take reasonable steps to become familiar with the host country or city’s relevant civil laws, customs, and risk. Candidate will abide by the appropriate laws, rules, and regulations and will endeavour to comply with all local customs. Candidate recognizes that behaviour that violates our Program code of conduct, laws, or standards could harm TNI’s relations with area Organizations as well as Candidate’s own well-being. Candidate acknowledges and agrees that in consideration of permission being granted for him/her to participate in the TNI Program, these policies, procedures, rules, and standards in shall govern his/her participation in the Program and Candidate agrees to obey such policies and procedures at all times. Candidate agrees that TNI has the right to enforce the standards of conduct described in this paragraph, in its sole judgment, and that it may impose sanctions, including without limitation immediate exclusion from the Program, for violating these standards or for any behavior detrimental to or incompatible with the interest, harmony, and welfare of TNI, the Program, or other Program Organizations. In addition to normally available sanctions, if Candidate is excluded from the Program, Candidate consents to being sent home at his/her own expense with no refund of fees. Candidate understands that TNI may change, modify, or amend its policies, rules, standards, and instructions for any Program, and Candidate will be bound by and will abide by such changes. 5.10 Candidate will be responsible for and attend to any legal problem encountered during his/her participation in the Program. TNI is not responsible for providing any assistance under such circumstances. 5.11 Candidate will be responsible for ensuring that they have a full and valid passport which is acceptable to the immigration authorities of the country of the Program and which will be valid for the duration of and for a period of at least 6 months after the Program. 5.12 Candidate acknowledges that given logistics, cultures, languages, currencies, expectations and other factors, Program management is complex, and Candidates understand it is important to be open-minded and flexible. 5.13 Candidate is responsible for consulting with a medical doctor/or the consulate of the Program country to receive information about necessary inoculations and treatments with respect to the Program country. Candidates are also responsible for bringing with them any necessary/recommended medical equipment and for taking reasonable steps to keep themselves in good health by taking such medications and by not participating in high-risk activities that may compromise their health, for the duration of the Program. 5.14 Candidate represents and warrants that they are in sufficient physical and mental health to participate in the Program and do not have any physical or mental conditions that could affect their ability to participate in the Program. If Candidate has such condition, it is Candidate’s responsibility to notify TNI within the appropriate section of the application form. 5.15 Candidate is responsible for obtaining and, if necessary, clarifying information in relation to the political and security situation in respect to the country of your Program, and to take any reasonable action that may be required. 5.16 Candidate is responsible for determining their home academic institution’s credit transfer and applicability policies prior to the Internship Placement Date. In no way shall TNI be responsible for any Candidate’s home academic institution’s credit application fees. 6.0 Payment 6.1 In order to maximize the value of our Programs, TNI makes financial commitments on your behalf prior to the program start date. Some of these costs cannot be recovered if Candidates withdraw from Program. In order to protect the integrity of the Program, the financial commitments of TNI, its partners, and the interests of all program Candidates, we are obliged to observe the following policies on payments: 6.2 At the time of application, the Candidate will be required to submit a Deposit to confirm enrollment in the Program. This deposit shall be applied to the overall price of the program. Except in the event TNI cannot facilitate the Internship in the allotted time frame and within the reasonable requirements of the Outline, the Deposit is non-refundable to the Candidate and the Candidate acknowledges this fee is a valid pre-estimate of costs incurred and work undertaken by TNI. 6.4 The Candidate must make final payment within 30 days of the Internship Placement Date, or at least 30 days prior to the Program start date, whichever is sooner. As of the Internship Placement Date, Candidate is responsible for the full Program Fee. Program Fees vary by location and are listed at www.topnotchInternships.com 6.5 Late balances will be reported to the appropriate credit agencies and TNI has the right to charge interest on late payments at the highest applicable rates allowed by law. 7.0 Cancellation & Termination 7.1 Prior to the Internship Placement Date, the Candidate may give written notice to cancel the Program. TNI will retain the non-refundable Deposit. The Candidate acknowledges that the amounts TNI is entitled to retain for cancellation of the Internship under this clause constitutes a valid pre-estimate of costs incurred and services rendered up to the date of cancellation. 7.2 As of the Internship Placement Date, or 30 days prior to the Program Start date, whichever is sooner, and provided the Internship reasonably complies with the Outline, full Program Fees are payable and due to TNI. Late balances will be reported to the appropriate credit agencies and TNI has the right to charge interest on late payments at the highest applicable rates allowed by law 7.3 If TNI cannot facilitate the Internship within eight weeks of the On-Site Interview following the Enrollment Date, the Agreement can be extended for an additional four weeks upon mutual Agreement of both the Candidate and TNI. If the Agreement is not extended, or if, at any time TNI or its agents is of the opinion that they will be unable to facilitate the Internship, this Agreement will automatically terminate. In this event, the Deposit will be fully refunded to the Candidate. Refunds may take up to 30 days to process. Important Note regarding Spanish Speaking, Canada, and New Zealand Internships: Internship placement in these countries does not typically occur until close to summer. The Enrollment Date for applicants to these programs will in all instances, for purposes of refunds and timing, be no earlier than February 1st. 7.4 TNI is entitled to cancel a Candidate’s application process at any time in the event that the Candidate fails to follow prescribed deadlines, fails to demonstrate sufficient interest for the chosen program, fails to adhere to laws or TNI’s code of conduct, or has a criminal conviction or serious offense. Further, TNI is entitled to terminate this Agreement, without prior warning by giving written notice to the Candidate at any time if: Candidate has acted in any way to damage TNI’s reputation, TNI finds Candidate is not fulfilling obligations or responsibilities, Candidate’s behaviour in our reasonable opinion is causing danger, distress, or significant difficulties for anyone, it is discovered that Candidate has made a false statement or omitted a material fact, the Candidate breaches this agreement and the breach is not capable of remedy, the Candidate breaches this agreement and the breach is capable of remedy but the Candidate fails to remedy the breach within 10 business days of the date of written notice of the breach, the Candidate is subject to an insolvency event, the Candidate fails to make payments on a timely basis, or the Candidate fails to provide TNI with requested documents. If TNI terminates this Agreement due to these causes, Candidate will be required to leave their Organization immediately, and shall in no event receive a refund of any sort. 7.5 Following the Internship Placement Date, Candidate must make a good-faith attempt to resolve any concerns, issues, or difficulties directly with the Organization. If the Candidate is unable to resolve such concerns, and those concerns are beyond the limitations referenced in paragraph 4.1, Candidate should complete an official grievance resolution form (which can be acquired from a TNI representative) and submit directly to the nearest TNI representative. TNI will review the form and will present solutions to the issue. If all proposed solutions have not rectified the problem and Candidate still believes the situation is unreasonable, Candidate must notify TNI’s headquarters management in writing at 2148 E. Glenalden, Germantown, TN 38139, and explain the full details of the situation. At this stage, TNI management will make a decision, in its sole discretion, as to whether an alternate internship or a refund of any amount is warranted. If Candidate leaves the host country before exhausting all internal grievance procedures, no refunds will be provided and Candidate waives any further recourse. However, in the event that Candidate has observed the foregoing requirements and all options for resolution between the parties have been exhausted with no success, the parties agree to seek mediation, and, if need be, binding arbitration to resolve such dispute. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in accordance with mediation and arbitration, and the Candidate is responsible for paying half of any eventual costs associated with engaging in mediation and arbitration procedures 7.6 In addition to any other rights of termination granted to the Candidate under this Agreement, the Candidate may terminate this Agreement by giving notice to TNI at any time if TNI breaches this agreement and the breach is not capable of remedy, TNI breaches this Agreement and the breach is capable of remedy but TNI fails to remedy the breach within ten business days of the date of written notice of the breach from the Candidate. If Candidate terminates this Agreement due to these causes, Candidate will be required to leave their Organization immediately, and shall in no event receive a refund of any sort. Under no circumstances shall TNI or any of its employees, agents, partners, directors, or managers, be liable to the Candidate for any losses, costs, or inconvenience suffered or incurred by the Candidate arising from such termination including, but not limited to, any return airfares. 7.7 If this Agreement is terminated, then in addition to any other rights or remedies provided for by law each party is released from its obligations under this Agreement, other than in relation to any obligations intended to survive the termination of this Agreement, including those in paragraph 8.4. Each party retains any rights, entitlements, or remedies it has accrued prior to termination. If this Agreement is terminated for whatever reason or cause, under no circumstances shall TNI be liable to the Candidate for any losses, costs, or inconvenience suffered or incurred by the Candidate arising from such termination including, but not limited to, any return airfares. 8.0 Risks of Summer Experience 8.1 Candidate understands that participation in the Program is voluntary and involves risks which may not be found in study at his/her current academic institution or in other summer activities. These include risks involved in traveling to and within, and returning from, one or more new cities; traveling to and from places of employment, different political, legal, social, weather conditions, strikes or work stoppages, hostile actions by governments or individuals, adverse economic conditions, different standards of design, safety and maintenance of utilities, including computing facilities, buildings, public places and conveyances; local medical and weather conditions; and other risks, whether or not similar. 8.2 Candidate acknowledges that participation in the Program involves possible damage to property, illness and injury, including death. Further, Candidate understands and acknowledges that sporting activities, motor vehicle rentals, night clubs, tours, and any other activity in which Candidate participates involve risks and possible injury. Candidate’s participation in any activity is voluntary and is undertaken entirely at Candidate’s own risk. If Candidate chooses to drive a motor vehicle or ride in a non-sponsored vehicle during the Program, whether for work or leisure, Candidate does so at his/her own risk. Candidate further understands and agrees that TNI cannot supervise and does not provide supervision during the Program and Candidate is responsible for Candidate’s own actions. 8.3 The legal drinking age in the United States is 21. The legal drinking age in other jurisdictions may vary. Candidate acknowledges that the decision to consume alcohol or drugs is solely Candidate’s own decision and responsibility, and Candidate acknowledges and accepts the risks associated with such activities. Candidate hereby releases TNI from any obligations for any injury or damage to Candidate’s person or property of Candidate or any other person or entity related in any manner to any of Candidate’s participation in said activities. Candidate has made his/her own investigation, and is willing to accept all of the aforesaid risks. 8.4 Now therefore, knowing the risks described above, and in consideration of being permitted to participate in the Program, the receipt of services whereof is acknowledged, Candidate does hereby, in addition to the releases stated in the above paragraphs, for Candidate, Candidate’s heirs, executors, administrators, and assigned, waive, release, covenant not to sue or seek compensation from, and forever discharge the Directors and Owners of TNI and their members, partners, agents, servants, Organizations, and employees and the individual(s) responsible for, and employed by or partnering with, the Program and their agents of and from any and all manner of action or actions, causes or causes of action, including, but not limited to negligence, suits, debts, accounts, damages, claims and demands of whatsoever in law, in admiralty, or in equity or otherwise, which I, the Candidate have or may acquire by reason of injury or death, damage or harm to person, or property while participating in said travel and/or study program or study programs, arising out of, or connected with, participation in said travel and/or study program or study programs. Further, I, the Candidate, agree to defend, indemnify and hold harmless TNI, its Directors, Owners, Shareholders, Agents, Partners, Employees, Alumni, and any related parties from any and all claims, demands, and/or causes of action arising out of my own actions or inactions while participating in the Program. 8.5 The terms of this section 8 shall survive the termination of this Agreement. 9.0 General 9.1 In order to facilitate Your Program, it may be necessary from time to time for us to release or transfer Your personal information, including but not limited to medical information, background check information, and details of convictions to our partners or agents. By signing this Agreement, you grant us permission to release or transfer your personal information to such partners and agents. 9.2 You hereby grant us permission on a royalty free basis to use photos or images or comments made by you for promotional/marketing purposes without obtaining further specific permission or making any payment to you. Such use may include your name, age, university, town/city/area of residence. 9.3 This Agreement shall in all cases be governed by the laws of the State of Tennessee, in the United States of America, without regard to principles of conflicts of laws and international laws. Each party hereby submits to the exclusive jurisdiction and venue of the state and federal courts sitting in the State of Tennessee for resolution of any dispute relating to this Agreement. 9.4 Unless stated to the contrary, the relationship between the Candidate and the Organization will not be deemed to be one of employment. You hereby release Organization from any claim for worker’s compensation, health care, or any employment or unemployment benefits related in any manner to the Program, and you release TNI from any obligations in any manner related to any acts of the Organization. 9.5 If forces beyond TNI’s reasonable control (including, without limitation, blackouts, storms, road closures, health risk outbreaks, transportation strikes, international visa work permit delays, acts of terrorism, acts of God) cause the Program to be extended, interrupted, or delayed, Candidate is responsible for all extra costs associated with extension or delay, and Candidate is not entitled to any refund. 9.6 Candidate may not assign any rights or obligations under this Agreement without TNI’s prior written consent, to be given in TNI’s sole discretion. This Agreement shall inure to the benefit of and bind you and TNI and our respective successor, assigns, and personal and legal representatives. All releases of liability to TNI under this Agreement shall extend to TNI’s agents, staff, partners, alumni, employees, officers, directors, shareholders, and to all other persons and entities affiliated with TNI. 9.7 Candidate acknowledges that TNI and/or its agents may sub-contract or arrange for any third party to assist it or to perform any of the services or any of TNI’s rights, or obligations under this Agreement without Candidate’s written consent. TNI will make every reasonable effort to ensure that the suppliers of services are carefully selected. However, TNI does not own or operate any of the suppliers of services associated with the program. As a result, TNI is not responsible for any negligent or wilful act or the failure to act of any such third party. 9.8 This Agreement constitutes the entire Agreement between us and you with respect to the subject matter contained herein and supersedes all inquiries, proposals, agreements, negotiations, and commitments. 9.9 If any provision of this agreement is void, unenforceable, invalid, or illegal, and would not be so if a word or words were omitted, then that word or words are to be severed and if this cannot be done, the entire provision is to be severed from this Agreement without affecting the validity or enforceability of the remaining provisions of the Agreement. 9.10 Headings are inserted for convenience only and do not affect the interpretation of this Agreement. 9.11 TNI reserves the right to make cancellations, substitutions, or changes in the case of emergency or changed conditions in the Program provided that they do not significantly alter the Program. 9.12 All monetary amounts are stated in US Dollars. 9.13 TNI would like to share the following information with Candidates regarding your electronic signature and rights: *You have the right to have the Agreement made available on paper or in non-electronic form. *You have the right to withdraw consent to the use of electronic records and any conditions or consequences that would thereby occur as a result of such withdrawal. *Your consent applies to this Agreement *To withdraw your consent, send a letter via certified mail to Top Notch Internships, LLC., 2148 E. Glenalden Germantown, TN 38139, asking for your data to be deleted from our database. *You may copy any form at anytime without cost by opening a form and clicking the print button on your browser. If you do not have a printer available and would like paper copies of your forms, you may send us a list of the forms you would like copied and a check or money order for $2.00 per page and we will provide you your copies. *The hardware and software specifications associated with accessing and retaining the electronic records are as follows: you must have a computer that can connect to the World-Wide-Web, together with a web browser. *Furthermore, if you withdraw your consent, the legal effectiveness, validity and enforceability of those electronic signatures or records provided or created prior to the withdrawal shall remain unchanged. This agreement shall become effective only upon receipt of application, and shall be governed by the laws of the State of Tennessee. I, the Candidate, am at least 18 years old, and have carefully read and understand this Agreement for the applicable Program and understand that this signature applies to both InternABROAD and InternUSA. No representations, statements, or inducements, oral or written, apart from the foregoing written statement, have been made. By clicking "I Accept" I intend this to be my electronic signature, to represent my signature, and I click this with the full intent of signing and complying with this Agreement and with the full intent of this Agreement to be binding.
By clicking below you will be directed to our secure payment platform. By clicking on the box below you are certifying that the information included in this application is complete and accurate to the best of your knowledge. You are also authorizing the release of these materials, as necessary, for the processing of your internship: