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Welcome toExperience Lab at UC Berkeley

1995 University Ave. Berkeley, CA 94704

773.999.9817 explab.berkeley.edu

Dear Experience Lab Student, It is a great honor and privilege to welcome you to the Experience Lab program. Our team personally met with hundreds of applicants from around the world, and you stood out as someone with the positivity, self awareness, and work ethic to succeed in this new program.

You are joining a remarkable community of educators and leaders who are dedicated to helping you make this a transformative season of learning and work. Before we begin, please read and review the following Student Agreement and Terms and Conditions. Once you electronically sign, we’ll guide you through the next steps.

We can’t wait to begin,

Matt Meltzer & Victor Saad

Experience Lab at UC Berkeley

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UC Berkeley Experience Lab Student Agreement

Terms and Conditions

This Student Agreement and Terms and Conditions (“Agreement”) is effective and entered into by and between Experience Lab (“Experience Lab” or “EL”), an Illinois limited liability company located in Chicago, Illinois and YOU, the undersigned Student Applicant (“You”; collectively, the “Parties”).

WHEREAS You have been selected by Experience Lab to participate in the Experience Lab abroad program (the “Program”) in the host country cited in Your official offer email (“Host Country”) for the time period referenced in Your official offer email. PLEASE NOTE THE EXACT DATES OF THE PROGRAM ARE SUBJECT TO CHANGE;

WHEREAS You have been enrolled by the University of California, Berkeley Extension School (“UC Berkeley”) in its Experience Lab certificate program in which you will spend the first ten days of the program attending classes on UC Berkeley’s campus; and

WHEREAS You will be assigned a field experience placement at a host company (the “Company”) through Experience Lab, as part of Your participation in the Program;

NOW, THEREFORE, in consideration of the promises set forth in this Agreement, the Parties agree as follows:

1.      Your Acceptance of Experience Lab’s Offer. Your execution of this document (by signing Your name electronically or otherwise) is considered an acceptance of Experience Lab’ offer to You to participate in the Program. By signing this agreement, you agree to be legally bound by all of its terms.

2.      Relationship Between You, Experience Lab, and the Company.

(a)     You understand and agree that during the Program (or thereafter) You are not an employee of the Company or of Experience Lab. Rather, You are a volunteer participant in the Experience Lab program and agree to act as an outside consultant to the Company, which may in its sole discretion provide a stipend to You for purposes of covering any of Your expenses during the Program. You are not an agent of the Company or Experience Lab for any purposes and have no authority to bind or commit the Company or Experience Lab in any way. At no time during the Program shall You enter (or be deemed to have entered) into an employment relationship with the

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Company or with Experience Lab.

(b)    You acknowledge and agree that (i) Your participation in the Program is related to an educational purpose and is for Your express, educational benefit, (ii) You will participate in the Program under the supervision of the Company’s management, (iii) the Company does not expect to derive immediate advantage from the activities You perform during Your participation in the Program, (iv) Your participation in the Program is educational in nature and there is no guarantee or expectation that Your participation in the Program will result in employment by the Company or otherwise, (v) the Program is designed to provide You with skills that can be used in multiple employment settings, (vi) You are not replacing or displacing any employee of the Company during Your participation in the Program, and (vi) You are not entitled to wages or other compensation for time spent in the Program.

(c)     Further, You acknowledge and agree that You may not, at any time, act as a representative for or on behalf of the Company or Experience Lab for any purpose or transaction and may not bind or otherwise obligate the Company or Experience Lab in any manner whatsoever without obtaining the prior written approval of the Company or Experience Lab, as applicable, therefor.  The Parties hereby acknowledge and agree that any stipend (if any) or any other fee paid shall represent fees for services as an independent contractor and shall therefore be paid without any deductions or withholdings taken therefrom for taxes or for any other purpose. You further acknowledge that neither the Company nor Experience Lab makes any warranties as to any tax consequences regarding payment of such stipend or other fee, and specifically agrees that the determination of any tax liability or other consequences of any payment made hereunder is Your sole and complete responsibility and that You will pay all taxes, if any, assessed on such payments under the applicable laws of any federal, state, local, foreign or other jurisdiction and, to the extent not so paid, will indemnify Experience Lab for any taxes so assessed against Experience Lab.  You also understand and agree that during the Program, You shall not be entitled to participate in any of the employee benefit plans or arrangements of the Company or Experience Lab, unless otherwise agreed to between You and the Company or Experience Lab, respectively. In furtherance of the foregoing, You hereby waive and reject all rights to receive, apply for, or participate in any benefit plans or policies of Experience Lab or the Company.

(d)    You acknowledge and agree that Experience Lab is not sponsoring any activities which may be undertaken or supervised by the Company or any other third parties. Your relationship with the Company, including, without limitation, the terms and conditions of

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service with the Company, shall be governed and directed exclusively by the Company. You further acknowledge and agree that Experience Lab does not control, co-determine, or dictate the terms and conditions of Your service with the Company.

3.      Travel Documents and Expenses. You shall obtain a valid passport and all other necessary travel documents prior to departing for the Host Country. You shall ascertain the particular entrance requirements of those countries You plan to enter, as well as re-entry into the United States of America if You are a non-U.S. citizen. You are responsible for paying for Your flight to the Host Country, as well any and all expenses associated with securing a visa if required for entry into the Host Country. You are responsible for all expenses arising with respect to the Program, other than expenses expressly assumed by Experience Lab in writing.

4.      Healthcare. You hereby represent to Experience Lab that You have consulted with a licensed health care provider and are in good health to travel abroad and do further state that there are no health-related issues that preclude (or may preclude) Your participation in the Program. You acknowledge and agree that You shall be responsible for obtaining all vaccinations and immunizations that are required or recommended for travel to the Host Country.

5.      Initial Deposit and Final Tuition Payment. Unless otherwise agreed by the Parties, the Program tuition is set forth on Experience Lab’ website for Your specific Host Country. Because Experience Lab immediately begins incurring expenses on Your behalf upon Your acceptance into the Program, Your initial non-refundable deposit in the amount of $2,000.00 is due with Your acceptance of Experience Lab’ written offer to You. The initial deposit shall be applied to the Program tuition. The balance due is divided into two subsequent payments: $7,500 is due 60 days prior to the Program start-date, and the balance is due 30 days prior to the Program start-date. Please note if you are enrolling in a U.S.-based program, you will only pay the balance due in one subsequent payment after the deposit 45 days prior to the Program start-date. Experience Lab reserves the right to revoke its invitation to You in the event that You fail to pay either the deposit or balance when due.

Please note that you will separately be asked to make a payment for Experience Lab to book your housing and international medical insurance, if applicable. You will not be billed for these expenses only if you notify Experience Lab in writing that You will be securing your own housing for the initial meet-up course at UC Berkeley and your 12-week apprenticeship in a Host Country.

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6.      Personal Information.

(a)     “Personal Information” is defined as (i) any and all information disclosed to Experience Lab by You in any application to the Program including, but not limited to, name, email, phone number, university, major, GPA, transcripts, resume, and demographic info; (ii) any information disclosed by You to Experience Lab, the Company; and (iii) any information created by Experience Lab or the Company regarding Your participation in the Program.

(b) Certain information shall require Your consent to be shared (“Excluded Information”) and shall not be shared except with Your prior written approval. Excluded information includes…

(c)   You hereby explicitly and unambiguously consent to the  use and transfer, in electronic or other form, of Your Personal Information by and among, as applicable, the Company and Experience Lab for the exclusive purpose of implementing, administering and managing Your participation in the Program and matters related thereto.

(f)     You authorize the Company and Experience Lab and any other possible recipients which may assist the Company and Experience Lab (presently or in the future) with implementing, administering and managing the Plan to receive, possess, use, retain and transfer the Data, in electronic or other form, for the sole purpose of implementing, administering and managing the Program, including, without limitation, any requisite transfer of such Data as may be required to a third party. Data will be held by the Company and Experience Lab and any other possible recipients only as long as is necessary to implement, administer and manage Your participation in the Program. You may, at any time, view Data, request additional information about the storage and processing of Data, require any necessary amendments to Data or refuse or withdraw the consents herein, in any case without cost, by contacting in writing Your designated representative at explab@berkeley.edu. You understand, however, that refusing or withdrawing consent may affect Your ability to participate in the Program.

7.      Placement; Reassignment. EL will use its best efforts for Your placement at the Company upon receipt of Your initial non-refundable deposit, but subject to receipt of Your payment of the outstanding balance as set forth in Section 5, and to any other terms and conditions in this Agreement.

Experience Lab will use your application materials to match you with at least one company for an interview. Following the interview, the company will decide whether to extend an

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invitation for you to work with them. If you participated in the interview but the company decides not to extend an invitation, EL will match you with another company for an interview. If you miss the interview and failed to communicate that ahead of time to EL or the company, or through other repeated actions or inactions hinder or complicate EL’s efforts to place you with a company, EL reserves the right to terminate you from the program.

Should Experience Lab be unable to place You in a Company, you will be refunded the program tuition, including the non-refundable deposit. Prior to making such a decision, Experience Lab will notify you and discuss further options. Experience Lab shall make this determination in its sole discretion.

8.      Schedule. Unless otherwise agreed by You and the Company, You are expected to spend Monday-Friday, 9AM-5PM (excluding holidays, with permission from the Company) on-site at the Company.

9. Student Code of Conduct and Statement of Professionalism. As a UC Berkeley Extension student, you are subject to the rights and responsibilities of the UC Berkeley Student Code of Conduct.

Statement of Professionalism In addition to complying with the provisions of the UC Berkeley Student Code of Conduct, Experience Lab expects that you will act professionally at all times while at your internship and other program-sponsored events. You understand that Your own conduct is the central factor in promoting individual safety and well-being. You agree to take personal responsibility for observing culturally appropriate behavior, exercising sound judgment and abiding by all applicable Company policies.

In Your capacity as an outside consultant to the Company, You agree to abide by all policies, procedures, rules and regulations imposed by Experience Lab, the Company, and all applicable laws.

Experience Lab has in its sole discretion the right to remove You from the Program if You violate any of these policies, procedures, rules and regulations, or otherwise fail to perform within the rules of the Company or if You violate an applicable law, including the following:

(a) You violate any local laws in the Host Country or countries in which you reside or travel to during the course of the program or otherwise

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(b) You possess or use any quantity of illegal substances during the course of the Program

(c) You perform (or attempt to perform) Your duties for the Company under the influence of any drug (other than prescribed medication) or alcohol

(d) You create an unsafe or unsatisfactory living environment in your place of residence or a residence in which you are staying or visiting during the course of the program

(e) You engage in an unauthorized change in employment or internship placement

(f) You engage in harassment, including but not limited to, sexual harassment or other forms of discriminatory harassment in any way

(g) You engage in theft of public or private property or services

(g) You are unwilling to participate in the Experience Lab program designed for Your fellowship experience or fail to meet program schedule commitments (refusal to attend work at the Company or to attend scheduled events organized by Experience Lab and its partners without good cause)

(h) You fail to comply with Experience Lab health, safety, or emergency protocols in any way without good cause

(i) You fail to respond in a timely manner to any communications received from Experience Lab, its staff, and its partners, during the course of the Program

(j) You engage in behavior that the Company deems an immediate threat to the health or welfare of the Company’s staff or its business operations

(k) You fail to abide by Your agreed-upon work schedule with the Company

(l) You violate any confidentiality policies, rules, or other regulations imposed by the Company or as outlined in any term of this Agreement;

(m) You endanger Yourself or others through activities or behavior that could result in personal harm such as, but not limited to, attending dangerous places, failure to appropriately maintain and monitor personal physical and mental health, or excessive or repeated intoxication; and/or

(n) You engage in behavior that is deliberately harmful (or could be harmful) to the Company, Experience Lab, or other fellows in Your cohort.

By signing this Agreement, You agree to follow all terms set forth above and in the UC Berkeley Student Code of Conduct.

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If You are removed due to a Code of Conduct violation or violation of the professional standards set forth above, You will not receive reimbursement of any portion of Your Program tuition.  

You will attend to and assume responsibility for any legal issues or problems You encounter with any foreign nationals or government of the Host Country. Experience Lab is not responsible for providing any assistance under such circumstance. However, should a reasonable solution not be possible on-site, You will be removed from the Program at the discretion of Experience Lab.

If You break any items at Your assigned housing accommodations, You are 100% liable and responsible to pay for any property damage incurred and must pay the funds directly to the housing provider. You understand and hereby acknowledge that neither the Company nor Experience Lab is (and shall not be) responsible or liable for any damage, theft, casualty, loss, or destruction involving Your personal property.

10.    Advertising and Marketing. You agree that Experience Lab may use Your likeness, photographs, or photographs/videos of You that are created during the Program Period on its website, social networking sites (e.g., Facebook, Twitter, Instagram, or LinkedIn), and in any other marketing materials.

Subject to Your prior written approval, Experience Lab may use Your name and testimonials on its website, social networking sites (e.g., Facebook, Twitter, Instagram, or LinkedIn), and in any other marketing materials. This provision shall survive termination of this Agreement.  

11.    Separate Agreements with Company. You understand that the Company may require You to execute a non-disclosure agreement and understand that Company may condition your placement upon execution of such an agreement. If you choose to not execute any such agreement, you understand that Experience Lab may not be able to find an appropriate placement at a Company. . This confidentiality provision shall survive the termination of this Agreement.

12.    Agreement Duration. Unless otherwise specified herein, this Agreement shall remain in effect until the end of the Program.

13.    Cancellation, Early Termination, and Refunds.

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(a)     If You withdraw from the Program for any reason more than 60 days before the start of the Program, Experience Lab will retain the non-refundable deposit. Additionally, Experience Lab will retain any portion of the remaining balance of the Program tuition and separate payment for housing and health insurance that it used to pay third-party vendors. Experience Lab will only reimburse any housing and health insurance payments that it has retained or can recoup from third-party vendors. Once Experience Lab signs a third-party housing contract and commits to paying for a bed for You, reimbursement to You is subject to Experience Lab’s ability to find a replacement student for your spot. Experience Lab shall reimburse You the balance of the tuition once Experience Lab is made whole on the expenses that it incurs on Your behalf beyond the non-refundable deposit;

(b)    If You withdraw from the Program for any reason 60 or less days before the start of the Program, Experience Lab will not refund any portion of the Program tuition.

(c)     If You withdraw or are removed from the Program pursuant to Section 9 of this Agreement, after the start of the Program, You shall not be entitled to any refund.

(d)    If circumstances beyond Experience Lab’s control necessitates an early termination of the Program, except as set forth in in Section 9, Experience Lab shall reimburse You the balance of the tuition, aside from the non-refundable deposit, to the extent that it is made whole on the expenses that Experience Lab incurs on Your behalf. These circumstances include, but are not limited to: closing or some other act of the Company that requires Your withdrawal from the Company at no fault of your own, acts of god, natural disasters, civil unrest, and acts or threats of war or terrorism.

(e)     Neither the Company nor Experience Lab shall have any liability for any losses or claims incurred by You as a result of Your removal from the Program as described in Sections 9 or 13(a), 14(b), or 14(c) of this Agreement.

14.    Assumption of Risk. You understand that traveling to and living in another country during the Program period includes certain risks. You are aware of these risks, including but not limited to theft, burglary, assault, traffic accidents, arrest in foreign countries, physical injury, loss of property, medical needs and emergencies, illness, kidnap, sexual assault and death. You understand that You may be travelling in and out of areas that pose a danger to You, including but not limited to areas with criminal activity, civil unrest, terrorism, or insurrection. You further understand the risks of living in a foreign country where laws and the judicial system may be different from what You are accustomed to and where penalties may be harsh and constitutional safeguards may not exist. YOU HEREBY ASSUME THE RISKS INHERENT IN YOUR PARTICIPATION IN THE PROGRAM, AND IN YOUR PLACEMENT AT THE COMPANY. The foregoing assumption of risk does not apply to

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claims determined to be the result of Experience Lab’s gross negligence. You acknowledge and understand that Experience Lab’s emergency procedures are outlined in Experience Lab’s student portal, to which you have access upon execution of this agreement and payment of your initial deposit. This assumption of risk provision shall survive the termination of this Agreement.

15.    Full Release of Liability. In consideration of Experience Lab’s approval of Your participation in the program, to the maximum extent permitted by law, YOU HEREBY RELEASE AND AGREE NOT TO HOLD Experience Lab, ITS AGENTS AND EMPLOYEES, OFFICERS, DIRECTORS AND EMPLOYEES, LIABLE FOR ANY AND ALL CLAIMS, LIABILITIES, OR OBLIGATIONS FOR ANY LOSS, DAMAGE, INJURY, DEATH, FINES, DEMANDS, AND CAUSES OF ACTION OF ANY KIND (INCLUDING ATTORNEY’S FEES) RELATING TO OR ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM OR PLACEMENT AT THE COMPANY, IN ADDITION TO ANY OTHER ACTIVITIES IN WHICH YOU PARTICIPATE OUTSIDE OF THE PROGRAM, INCLUDING BUT NOT LIMITED TO NIGHT AND WEEKEND ACTIVITIES. The foregoing release does not apply to claims determined to be the result of Experience Lab’s gross negligence. It is Your express intent that this Full Release of Liability shall bind Your family, spouse, heirs, assigns and personal representatives. The released parties under this Section are intended third party beneficiaries of this Section. This release provision shall survive the termination of this Agreement.

16.    Medical Treatment. Without limiting Section 16, You hereby forever release and discharge Experience Lab from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered to You or to Your dependents/companions in connection with an emergency or health problem during Your participation in the Program. The foregoing release does not apply to claims determined to be the result of Experience Lab’s gross negligence.

17.    Governing Law; Arbitration. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Illinois, without regard to the choice of law principles thereof. Any dispute or controversy arising hereunder between or among the Parties hereto shall be submitted to arbitration for final resolution in Chicago, IL before a single arbitrator, which is agreed to by all Parties, in accordance with the rules of the American Arbitration Association. You further agree there shall be no right or authority for any dispute or controversy to be arbitrated on a class action basis. The cost and expenses of such arbitration shall be borne equally by each of the Parties to such dispute. The decision of the arbitrator shall be final and binding upon the Parties, and such

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decision shall be enforceable through any courts having jurisdiction. This provision shall survive the termination of the Agreement.

18.    Notice.  Except as specified herein, all notices, communications and reports required or permitted pursuant to this Agreement shall be in writing and sent via e-mail addressed to the Parties at the addresses set forth below, or at such other address as may be specified hereafter in writing by any Party hereto to the other Party hereto in accordance with this Section. All notices sent via e-mail shall include the following, or substantially similar, text in the subject line: “Notice: Experience Lab Student”:

If to Experience Lab:

Experience LabAttn: Matt Meltzer227 W Monroe St, Suite 5200Chicago, IL 60606Email: explab@berkeley.edu

If to You:

The email address You provided on Your online application to Experience Lab.

19.    Entire Agreement. This Agreement and its references contain all the terms and conditions to which the Parties have agreed and supersedes any and all prior understandings, agreements, promises, warranties and representations, whether oral or written, relating to the subject matter of this Agreement; provided that any restrictive and/or protective covenants entered into between You on the one hand and Experience Lab and/or the Company on the other hand shall be in addition to, and not in lieu of, any similar covenants set forth in this Agreement. This Agreement may be amended only upon the mutual written agreement of the Parties.

20.    Severability. The provisions of this Agreement shall be deemed severable.  The invalidity or unenforceability of any provision of this Agreement in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of this Agreement in such jurisdiction. The Parties intend that all rights and obligations of the Parties shall be enforceable to the fullest extent permitted by the applicable law.

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21.    Headings. Headings in this Agreement are not controlling, and merely used for ease of reference.

22.    Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument.

23.    Miscellaneous.  This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns; provided, however, that You may not assign or delegate Your rights or obligations under this Agreement without the express prior written consent of Experience Lab. Waiver by any Party of any default by the other Party of any provision of this Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party.  In addition to the actions specifically provided for elsewhere in this Agreement, each of the Parties hereto will cooperate with each other and shall use their commercially reasonable efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things, reasonably necessary, proper or advisable under applicable laws, regulations and agreements to consummate and make effective the transactions contemplated by this Agreement.

You have carefully read this Agreement before signing it. You acknowledge that You have had an opportunity to ask any questions You have about it, that You understand and accept its terms, and that You have signed it knowingly and voluntarily. You are at least eighteen (18) years of age and fully competent.

THE PARTIES HEREBY CONSENT AND AGREE THAT ELECTRONICALLY SIGNING THIS AGREEMENT CONSTITUTES YOUR LEGALLY BINDING AND ENFORCEABLE ACCEPTANCE OF THIS AGREEMENT’S TERMS. THE PARTIES AGREE THAT YOUR ELECTRONIC SIGNATURE IS THE LEGAL EQUIVALENT OF YOUR MANUAL WRITTEN SIGNATURE. THE PARTIES FURTHER AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD-PARTY VERIFICATION IS NECESSARY TO VALIDATE ANY ELECTRONIC SIGNATURE; AND THAT THE LACK OF SUCH CERTIFICATION OR THIRD-PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF THIS AGREEMENT.

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IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date of execution by You.

Experience Lab Applicant

By:

Print Name:

Date:

Sage Corps

Name: Matthew S. Meltzer

Title:  Founder & CEO

Date:  11/21/19

Experience Institute

Name: Victor Saad

Title:  Founder & CEO

Date:  11/21/19

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