By Participating in the Event or any part of the Event, each individual (each, a “Participant“) acknowledges that they have read, understood, and agree to be bound by these Terms of Service. As used herein, to “Participate” (or a Participant’s “Participation“) shall mean registering for, attending, accessing, entering or viewing the Event or any part of the Event, whether such Event is in a physical and/or digital format. If any Participant does not agree to these Terms of Service, such Participant should not Participate in the Event. In the event a Participant is a Minor (as defined herein), all uses of the term “Participant” in these Terms of Service shall also be deemed to include such Minor’s Guardian (as defined herein).
As used in these Terms of Service, “Management” shall be defined as Optometry Divas, and to the extent applicable, any partner organizations which work with Optometry Divas to produce or manage the Event. The “Event” shall be defined as the Optometry Divas Educational Retreat 2021 event managed by Management, including any live and/or virtual component(s) thereto. The “Venue” shall be defined as each venue where any live component(s) of the Event are held. The “Platform” shall be defined collectively as each distribution platform and/or digital service provider utilized by Management in connection with the Event, including, but not limited to, the Event website(s). A Participant’s “Credentials” shall be defined as a valid individual identifier provided by Management which entitles a Participant to Participate in the Event in some way, whether such Credentials are a physical object (including, but not limited to, a badge, ticket, wristband, or other authorized means of entry), or an intangible object (including, but not limited to, a unique code, account, login, link, or other digital identifier).
At any time, Management may amend these Terms of Service without notice to Participant by posting the amended Terms of Service on the Event website. The continued Participation in the Event by a Participant shall constitute acceptance of any such amended Terms of Service.
Assumption of Risk and Release
Participant acknowledges that there are hazards and risks incidental to Participating in the Event. By accepting Credentials and/or by Participating in the Event, Participant freely and voluntarily assumes any and all risks which are incidental to the Event, regardless of severity and regardless of whether or not caused by the negligence of Management, including, but not limited to, loss, property damage, injury or damage to persons and/or death. Further, Participant acknowledges that there is an inherent risk of exposure to communicable disease, including, but not limited to, COVID-19, in any public place where people are present, and, by participating in the Event, Participant freely and voluntarily assumes any and all risks related to such exposure. Participant agrees to follow all health and safety instruction, guidelines, or standards issued by local, state, and federal governmental authorities, as well as any health and safety instructions, guidelines or standards for the Event which may be posted on-site at the Venue, within the Platform (including on the Event website), or as otherwise provided to Participant by Management.
In consideration for Participating in the Event, Participant hereby releases and forever discharges Management, the Venue, the city in which the Venue is located (if the city owns the Venue), the Platform, each of their parent, affiliated, and subsidiary companies, and each of their respective agents, employees, officers, directors, trustees, shareholders, contractors, sponsors, and any third parties acting on their behalf (collectively, the “Released Parties“) from any and all claims, actions, damages, liabilities, costs or expenses (including attorney fees) which are related to, arise from or out of, or are in any way connected to Participant’s Participation in the Event, whether or not such claims, actions, damages, liabilities, costs or expenses are caused by the negligence of the Released Parties or by the infringement or violation of any right. This release shall be effective and binding upon any heirs, agents, personal representatives or assigns of Participant (and of the Guardian if Participant is a Minor).
Incidentals to Participation
Participant acknowledges that he or she is solely responsible for any costs incurred in connection with any incidentals or expenses required in order to Participate in the Event or use the Credentials, including, but not limited to, travel, accommodations, Internet connection, mobile access, and/or the use of any personal devices. Except as may be required by applicable law, Management will not be responsible or liable for any costs associated with Participation in the Event and all such costs shall be borne solely by the Participant.
If physical Credentials are shipped to Participant, the title to such Credentials passes to Participant upon delivery of the Credentials from Management to the shipping company. To the extent such shipment of Credentials results in any duty or custom charges, Participant shall be solely responsible for such payment.
Access to the Event
Except as may be required by applicable law, Participant is solely responsible for ensuring that Participant is able to Participate in the Event, including, but not limited to, any requirements that Management specifies or makes available on the Event website, at the Venue or within the Platform. Management is not responsible for any technical difficulties arising as a result of Participant’s use of their own technology in connection with the Event.
Upon entry to any portions of the Event held in the Venue, all participants, their bags and other personal property may be subject to screening or security checks. Management expressly reserves the right to prohibit any personal property from entry into the Venue.
All personal property brought to the Event is done so at Participant’s own risk and Participant is responsible for safeguarding such property at all times. Participant hereby acknowledges and agrees that Management is not responsible for, and shall have no liability resulting from, any loss or damage to any personal property belonging to Participant, including, but not limited to, loss or damage resulting from fire, storms, acts of God, air conditioning or heating failure, theft, pilferage, bomb threats, roof leaks, other attendees participating in the Event or other causes, to the extent consistent with applicable law.
No personal property may be left unattended while in or around the Venue. Management will handle unattended property however Management deems appropriate in its sole and absolute discretion. Any personal property which is left within the Venue upon the conclusion of the Event shall be considered abandoned and handled by Management accordingly.
Use of Credentials
All Credentials are a revocable license to Participate in the Event and Management reserves the right to revoke such license at any time in Management’s sole reasonable discretion. Credentials may only be used by the same individual Participant for all days of the Event. If Participant is on-site at the Venue, Participant must carry their Credentials with them at all times.
Loss of Credentials
Any Credentials which are purchased by, or otherwise made available to, Participant must be protected and safeguarded at all times. Participant hereby acknowledges and agrees that Management is not responsible for, and shall have no liability resulting from, any loss or damage to any Credentials.
Resale of Credentials
Once purchased, Event Credentials are non-refundable and non-transferable and cannot be reproduced, resold or upgraded. No resale of Credentials shall be permitted, except with the prior written approval from Management. Credentials are immediately rendered void if altered in any way. The unauthorized resale of Credentials (including, but not limited to, “scalping”), the attempted unauthorized resale of Credentials, the unauthorized assignment of Credentials, the creation of counterfeit Credentials, or the unauthorized transfer of any Credentials to a third party are strictly prohibited and constitute an immediate forfeiture of Participant’s Credentials without compensation from Management.
Removal from the Event
Management expressly reserves its rights to deny admission or entry, to remove, ban, or eject a Participant, or to revoke or terminate any Participant’s Credentials or access to any part of the Event, without refund, liability or compensation, as a result of: (1) failure to comply with these Terms of Service; (2) any illegal, unsafe, offensive or threatened behavior which Management could reasonably consider to be disruptive of the Event; or (3) circumstances which Management determines impact the safety, security, or order of the Event, each in Management’s sole and absolute discretion. Any such determination by Management shall be final.
At all times in connection with the Event, Participant will wear proper attire, including shoes and shirts. Management reserves the right to deny access or remove from the Event any participant wearing inappropriate attire or attire that could detract from the Event overall, in Management’s sole and absolute discretion.
Restrictions on Eligible Participants
This Event is for industry professionals only and is not open to the general public. At any time, in its sole reasonable discretion, and except as otherwise prohibited by applicable law, Management may request that any Participant provide documentation relating to verification of their identification, age, industry credentials or certifications, whether or not described in these Terms of Service. Management reserves the right to deny entry, ban, or remove any Participant from further Participation in the Event if such Participant fails to provide the requested documentation or if such documentation is deemed insufficient by Management in its sole and absolute discretion.
A “Minor” shall be defined as any individual who is under eighteen (18) years of age or has not reached the age of majority as defined by such individual’s jurisdiction of residence. Minors are explicitly NOT permitted to Participate in the Event in any way. No Minor will be admitted into the Venue and no Minor will be allowed to access the Platform or any Digital Technologies (as defined herein). Even if a Minor obtains the permission of their parent or legal guardian (the “Guardian“) prior to any Participation, such Minor will not be permitted to Participate in the Event in any way, including, but not limited to, sending any information to Management, entering any sweepstakes or contests in connection with the Event, posting any information on the Event websites or Platform, or purchasing any Credentials or other goods or services related to the Event.
The Event’s operating hours, schedules, floor plans, exhibitors, vendors, guests, and speakers are subject to change or cancellation without notice to Participants. All Event Features (as defined herein) are subject to availability and access is not guaranteed for all Participants. The “Event Features” shall be defined as any special events, education sessions, classes, webinars, networking events, or other activities held by Management (whether in-person or virtually) as part of the Event.
Access to certain Event Features may require an additional separately priced fee and/or will only be available to designated participants or types of Credentials. To the extent an Event Feature occurs at a specific time and for a specific set of participants, each authorized participant will only be permitted access to such Event Feature during the specific time determined by Management. Management reserves all rights to deny entry, ban, or remove any unauthorized participants from any such Event Feature.
Participant is solely responsible for Participating in the Event in a timely manner and for observing any specific times or time limits provided to Participant by Management. In the event Participant fails to Participate in any part of the Event at a specific time and Participant is subsequently unable to Participate in such part of the Event, Management shall have no obligation to provide a full or partial refund. Management is not responsible for delays and/or wait times in connection with any Event Features or with the Event itself. Management may reasonably change the time of an Event Feature in order to accommodate unexpected events, other Event Features being delayed, or ending earlier than expected or later than expected.
Management reserves the right to cancel or postpone the Event, or any part of the Event, on limited or no notice in Management’s sole discretion. In the event of a cancellation or postponement of the Event, Management shall not be responsible or liable for any participant’s additional costs, damages, fees or expenses and Participant will only be entitled to a refund of 70% of registration funds associated with the Event.
Event Registration Refund Policy
Registration can be transferred to another person if requested in writing by e-mail to [email protected] by the original registrant at least two weeks before the event. No substitution is allowed within the last two weeks before the event.
All refunds are subject to a $50.00USD administrative fee. If canceled up to four weeks before the event, 100% of the registration fee (less the administrative fee) will be refunded.
If canceled between four and two weeks before the event, 50% of the registration fee (less the administrative fee) will be refunded.
No refund is given if registration is canceled within two weeks of the event.
Intellectual Property Rights
A. Release of Likeness
For good and valuable consideration, and in exchange for the opportunity to Participate in the Event, Participant hereby authorizes, permits, and grants to Management, its parents, affiliates, sublicensees, designees, agents and assignees (including, without limitation, any sponsors, exhibitors or contractors to the Event), and each of their respective assignees, sublicensees and successors (collectively, the “Management Parties“), the royalty-free, absolute and irrevocable right and license to (i) record, photograph, and/or film the likeness, voice, appearance and/or image of such Participant while Participating in the Event (collectively, the “Likeness“); and (ii) publish, reproduce, portray, distribute and/or otherwise use the Likeness in all media formats (whether now known or hereafter existing), worldwide, solely in connection with the distribution, promotion and publicity of both the Event (including future editions thereof) and Management’s general business, services or products.
B. Release of Participant Content
From time to time, certain parts of the Event may allow Participants to submit, share, post, create, or otherwise distribute (collectively, “Distribute” or “Distributing“) content, which may include, but is not limited to messages, text, sound, images, videos, data or other materials originating with Participant (collectively, the “Participant Content“). For good and valuable consideration, and in exchange for the opportunity to Participate in the Event, Participant acknowledges that by Distributing any Participant Content as part of the Event, whether to Management directly, to the Management Parties, on the Platform or at the Venue generally, Participant thereby authorizes, permits, and grants to the Management Parties a royalty-free, irrevocable, non-exclusive, sublicensable, assignable, unrestricted right and license to publish, reproduce, portray, modify, adapt, transmit, distribute, create derivative works from, and/or otherwise use the Participant Content in all media formats (whether now known or hereafter existing), worldwide, solely in connection with the distribution, promotion and publicity of both the Event (including future editions thereof) and Management’s general business, services or products.
Please note that any Participant Content is Distributed solely at Participant’s own risk. To the furthest extent permitted by applicable law, Participant hereby agrees that Management shall not be liable for any unauthorized copying, use, disclosure or distribution of any Participant Content by third parties and Participant releases and forever waives any claims against Management for any such unauthorized copying or usage of the Participant Content under any theory. To the fullest extent permitted by applicable law, Management reserves the right to remove, discard, screen or edit any Participant Content at any time without notice to Participant in Management’s sole discretion and without any liability to Participant whatsoever. While Management has no obligation to monitor any Participant Content, Management reserves the right to do so and reserves the right to enforce the intellectual property rights of Management or of any third party.
C. Representations and Warranties Regarding Intellectual Property
The “Likeness” and all “Participant Content” shall collectively be defined as a Participant’s “Intellectual Property“. With respect to such Intellectual Property, Participant represents and warrants that:
Participant is the creator and owner of any Intellectual Property hereunder, or otherwise has obtained the necessary rights and authority to grant the rights described herein;
to the extent the Intellectual Property contains the Likeness, name, marks, and/or other biographical or identifying information of Participant or of any third parties, Participant consents (or has obtained the required consents and/or licenses from any third parties) to the use of such Intellectual Property by the Management Parties, solely as described in these Terms of Service;
the Management Parties may exercise the rights granted herein to the Intellectual Property without any additional financial liability, including, but not limited to, any compensation, royalties, residuals, or fees to Participant or any relevant third party. Any claims for additional payment for the Management Parties’ use of the Intellectual Property (as described in these Terms of Service) in any media is expressly waived;
Participant shall have no ownership in any media created by Management which incorporates the Intellectual Property (provided that Participant shall retain any ownership of any underlying Intellectual Property itself);
there shall be no expectation of any attribution to Participant;
the Management Parties may use the Intellectual Property in any manner or media without first notifying Participant or any third party and Participant hereby waives any right to inspect or approve any such use;
in connection with Management’s use of the Intellectual Property, Participant releases each of the Management Parties from any claims, causes of action, damages or liabilities which Participant may have in connection with the Intellectual Property, including, but not limited to, any moral rights or “droits moral” that Participant may have;
any digital Intellectual Property does not contain any viruses, adware, spyware, worms, bombs, or other harmful or malicious code;
the Intellectual Property does not, and the use of the Intellectual Property by the Management Parties will not, (A) infringe, violate, or misappropriate any third-party rights or proprietary rights; or (B) defame or slander any other person or legal entity; and
the Intellectual Property will not violate any applicable laws or regulations.
Management reserves all rights and remedies against any participants who breach or violate these representations and warranties. Management is not liable for any Intellectual Property or for any loss or damage resulting therefrom and Management is under no obligation to store or return any Intellectual Property. While Management takes reasonable security measures in connection with the Event, Management does not guarantee the safety of any Intellectual Property and has no responsibility to do so.
Participant agrees and acknowledges they have read and understood this “Intellectual Property Rights” section and hereby expressly approves and consents to its terms, affirms their right and authority to agree to such terms, and waives all obligations and rights which such individual may have in connection therewith. For good and valuable consideration, for any Minor Participants, the Guardian hereby guarantees that the Minor shall not at any time disaffirm the release of the Intellectual Property by reason of the Minor’s minority or otherwise and hereby agrees to indemnify Management from any loss arising from any claims made by or on behalf of the Minors relating to this release.
At all times in connection with the Event, Participant is required to comply with and behave in accordance with (i) these Terms of Service; (ii) all applicable laws, ordinances, codes, regulations, standards and judicial or administrative orders; and (iii) any additional Event rules, regulations, policies, or procedures which may be posted at the Venue, on the Platform, or otherwise distributed to Participants by Management and as may be updated from time to time by Management (collectively, the “Event Policies“). By Participating in the Event, Participant acknowledges and agrees that Participant has read, agrees to comply with, and will behave in accordance with the Event Policies.
The Event Policies apply to EVERYONE Participating in the Event in any manner whatsoever, including, but not limited to, all Participants, exhibitors, speakers, guests, professionals, media, staff members, workers, contractors, volunteers, security or any other attendees or participants to the Event. Each Participant to the Event is solely responsible for their own conduct while Participating in the Event or any part of the Event. Guardians are solely responsible for the conduct of any Minors Participating in the Event or any part of the Event.
As part of the Event Policies, each Participant agrees that they will not, and will not directly or indirectly cause others to, do any of the following “Prohibited Activities” in connection with the Event:
interfere with, damage, or engage in any act which disrupts the operation of the Event in any way, including but not limited to, obstructing aisles or entrances or exits, running, cutting in line, saving places in lines for others, jumping over barriers or guardrails, using foul language, screaming, yelling, encouraging disruptive behavior from others, disobeying any time limits, directions or prohibitions provided to Participant by Management’s staff and/or moderators, or preventing any other participant from Participating in the Event by any means;
distribute, wear, transmit, upload, display or otherwise circulate any content which is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable to Management in Management’s sole discretion;
distribute printed or recorded materials of any kind unless prior written approval has been obtained from Management;
impersonate any other person or entity or perform any similar fraudulent activities;
sell goods or services, display goods or services, make solicitations of any kind, or conduct any commercial activities without the prior written approval of Management;
harvest, collect, or attempt to collect the personal information, email addresses or other contact information of other participants in the Event without the consent of such participants;
defame, harass, abuse, threaten or defraud other participants in the Event.
Please note that Management has a ZERO TOLERANCE POLICY for harassment of any kind. Please review our full Anti-Harassment Policy on the Event website;
circumvent, disable, damage, remove or otherwise interfere with the security, integrity, or proper conduct of the Event;
access any unauthorized part of the Event designated as only for Management use;
access the Platform by means of any robot, spider, scraper, crawler or other automated means for any purpose;
Participate in the Event for any illegal purpose, or in violation of any applicable local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy;
smoke within the Venue for a live Event, which includes, but is not limited to, cigarettes, vape pens, and marijuana;
drink or possess alcohol within the Venue outside of the specifically designated areas. No one under the age of 21 may consume alcohol within or around the Venue;
use, sell, possess, or distribute any illegal drugs or other illegal substances, including, but not limited to, any medication that has not been legally obtained, is not being used in its intended dosage or for its intended purpose;
assault, steal, fight, engage in or incite violence of any kind, including, but not limited to, verbal threats of violence; and
possess and/or use any of the following prohibited items in connection with the Event:
a firearm, ammunition, knife, or weapon of any kind;
NOTE: Management has a ZERO TOLERANCE POLICY for weapons of any kind.
objects or toys that appear to be firearms, ammunition, knives, or weapons;
NOTE: Event security and local law enforcement officials will treat anything that looks like a real gun as a real gun.
self-defense or restraining devices;
fireworks or other explosive or flammable objects;
recreational devices such as drones, remote control toys, skateboards, scooters, inline skates or shoes with built-in wheels;
strollers which are greater than 31″ in width and 52″ in length;
Ownership of the Event
The Event is owned and/or operated by Management. Unless otherwise indicated, any materials provided to Participant in connection with the Event including, but not limited to, any images, videos, logos, advertisements, promotional copy, information, data, content, educational materials, trademarks, service marks, and other materials displayed or distributed in connection with the Event (but excluding any Participant Content, as defined herein) (collectively, the “Materials“) are the property of Management, its affiliated companies or third-party licensors.
Each Participant is granted a limited, non-sublicensable license (i.e. a personal and limited right) to Participate in the Event and utilize the Materials solely for Participant’s personal use. Management may terminate this license at any time, without notice. Each Participant agrees that nothing herein shall be deemed a grant of any intellectual property rights or other rights to use the Materials except as expressly provided by Management in writing. Any use of the Event or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Management, is strictly prohibited.
Participant agrees that they have no expectation of privacy or confidentiality with respect to the Event (including, without limitation, any “private” interactions with other Event participants and/or guests) and that Participation in the Event shall at all times be subject to these Terms of Service and may be monitored by Management without notice.
In addition, Participant authorizes and permits Management to share Participant’s personal information, including, but not limited to, their contact information, with such affiliated entities, exhibitors, vendors, contractors, or third parties (i) with which Participant authorizes in connection with the Event, including, but not limited to, scanning Credentials in connection with a live Event, accessing such third party’s content in connection with a digital Event, or utilizing any Digital Technologies (as defined herein); and/or (ii) which may offer products, services, and/or goods that may be of interest to Participant. By use of a valid registration code, promotional code, discount code, coupon, or other code in connection with Participant’s registration for the Event, Participant thereby authorizes and permits Management to share Participant’s personal information, including, but not limited to, their contact information, with such entities, exhibitors, vendors, contractors, or third parties associated with such code.
“Digital Technologies” are defined as the Platform; any distribution or technology platforms for any digital aspects to the Event; any on-site or web-enabled technologies, including, but not limited to, on-site Wi-Fi, on-site interactive kiosks, wearable beacon technology and/or RFID technology; and any mobile applications associated with the Event. The Event’s Digital Technologies are neither directed at nor intended for use by Minors under the age of thirteen (13). Management does not knowingly collect personal information from individuals under the age of thirteen (13), and if Management becomes aware that it has inadvertently done so, Management will promptly delete such personal information. All Minor Participants are hereby instructed not to access, or Participate with in any way, the Digital Technologies unless done so with the express consent of these Terms of Service by their Guardian. Further, Minor Participants under the age of thirteen (13) should only Participate in the Digital Technologies under the direct supervision of their Guardian, if such Participation is permitted by Management in Management’s sole discretion.
Management reserves the right to modify, suspend, extend or terminate the Event, or any part thereof, or any Participant’s Participation thereto if Management determines, in its sole and absolute discretion, that the Event or any part thereof has been, or is suspected to be, tampered with or disrupted due to causes beyond Management’s control in a manner which may undermine or corrupt the security, integrity or feasibility of the Event or any portion thereof as contemplated herein. Although Management shall endeavor to ensure the security and integrity of the Event, in the event the Event or any part thereof is terminated or has any change in date, time, or location, for any reason beyond Management’s control, Management shall not be liable to Participant in any way and Management shall have no further financial obligations to Participant.
Additionally, Management is not responsible for the actions of any other Event participants in connection with the Event, including, but not limited to, any participant’s attempt to circumvent or otherwise interfere with the security, integrity, or proper conduct of the Event. Participant’s interactions with third parties, including, but not limited to, guests and other participants in connection with the Event, are solely between Participant and such third party. Participant acknowledges and agrees that Management will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as the result of such interactions with third parties. Management is also not responsible for any problems or technical malfunction of any network or lines, servers or providers, equipment or software which are beyond Management’s control, including, but not limited to, any injury or damage to Participant or Participant’s property resulting from Participation in the Event.
Limitation of Liability
PARTICIPANT AGREES THAT PARTICIPATION IN AND TO THE EVENT, INCLUDING ANY SECURITY MEASURES USED BY MANAGEMENT TO PROTECT THE EVENT, ARE PROVIDED STRICTLY ON AN “AS-IS” BASIS. IN CONNECTION WITH THE EVENT, MANAGEMENT SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES OR OTHER TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE WITH RESPECT TO THE EVENT, AND ANY REPRESENTATIONS THAT THE EVENT OR THE SECURITY MEASURES FOR THE EVENT WILL BE FREE FROM DEFECTS, OPERATE OR BE FULFILLED WITHOUT ISSUE OR DELAYS, OR THAT THERE WILL BE NO CIRCUMVENTION OF THE EVENT OR ITS SECURITY MEASURES.
IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL MANAGEMENT BE LIABLE FOR ANY CLAIM, LOSS, COST, EXPENSE, OR DAMAGE WHATSOEVER TO PARTICIPANT IN AN AMOUNT EXCEEDING THE SUM OF THE FEES ACTUALLY PAID TO PARTICIPATE IN THE EVENT.
Acknowledgment of Terms of Service
By Participating in the Event, Participant acknowledges and agrees that Participant has read, and agrees to comply with, the Terms of Service stated herein and agrees that these terms shall be construed by and governed in accordance with the laws of the State of Florida and that, with respect to any dispute arising out of these terms, the sole and exclusive jurisdiction and venue shall lie with the state and federal courts located in the County of Orange, State of Florida. Except where prohibited by applicable, Participant acknowledges and agrees that any and all disputes, claims, and causes of action arising out of or connected with these Terms of Service or with the Event shall be resolved individually, without resort to any form of class action. For the avoidance of doubt, registration for the Event, Participation in the Event, and/or the purchase or use of Credentials shall be considered acknowledgment of, and agreement to, these Terms of Service.
If there is a fee to obtain the Credentials, Participant authorizes Management, or its designees, to charge the amount specified above to the designated credit card.
Management shall have sole authority over all aspects of the planning, promotion, production and operation of the Event, including without limitation, determining the Venue or the Platform, scheduling, rescheduling, and if, when and for how long the Event will occur.
Reservation of Rights; No Waiver
Management reserves all rights not expressly disclaimed in these Terms of Service. Management reserves the right to take any action that is reasonably necessary in the sole judgment of Management for the protection of the Event and/or the participants. Neither the failure of Management to require strict compliance with any provision of these Terms of Service nor the failure, delay or omission by Management in exercising any right with respect to any provision of these Terms of Service will be construed as a waiver or relinquishment to any extent of Management’s right to assert or rely upon any such provision or right in that or any other instance.
Any provision of these Terms of Service which imposes an obligation on a Participant after the Event concludes shall be deemed to survive the conclusion of the Event.
If any provision of these Terms of Service is judged to be invalid or unenforceable, the defective provision shall first be revised, limited or amended, consistent with the general intent of the provision, such that it is valid and enforceable, and the remaining provisions of these Terms of Service shall be unaffected and shall remain enforceable.
The section headings in these Terms of Service are for reference purposes only and shall not in any way affect the meaning or interpretations of these Terms of Service.
Integration; Non-Reliance; Remedies Cumulative
These Terms of Service, including the terms incorporated by reference herein, constitute a legal, valid, and binding obligation, enforceable in accordance with its terms. Participant acknowledges that in agreeing to these Terms of Service he or she has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms of Service. The rights and remedies provided by these Terms of Service are cumulative and use of any one right or remedy by either Participant or Management shall not preclude or waive the right to use any or all other rights or remedies. Such rights and remedies are given in addition to any other rights or remedies Participant and Management may have by law, statute, ordinance, or otherwise.
Please be advised that a risk of exposure to COVID-19 exists in any event or public space, including Optometry Divas Educational Retreat. Prior to registering for and attending Optometry Divas Educational Retreat, please ensure you have read the latest CDC Guidelines for Prevention. By attending Optometry Divas Educational Retreat , you acknowledge this inherent risk and, as a condition of entering Optometry Divas Educational Retreat , you acknowledge, understand and confirm each of the following in accordance with applicable health guidelines:
that you will abide by all Optometry Divas Educational Retreat , health-and-safety requirements;
that you are not currently experiencing any of the following symptoms of COVID-19, as identified at CDC.gov, including, but not limited to:
Fever or chills
Shortness of breath or difficulty breathing
Muscle or body aches
New loss of taste or smell
Congestion or runny nose
Nausea or vomiting
that prior to attending Optometry Divas Educational Retreat you have not been in contact with someone with confirmed or suspected COVID-19 symptoms without completing a 14-day quarantine; and
that you are not under any self-quarantine orders.
Please do not enter Optometry Divas Educational Retreat or the Safety Harbor Resort and Spa if you cannot confirm all of the above criteria. If at any point during your time at Optometry Divas Educational Retreat you do not meet all of the above criteria, you and those in your group (which may include your exhibiting company) will be required to isolate and may be relocated or asked to leave the Safety Harbor Resort and Spa at Optometry Divas Educational Retreat Management’s sole discretion.
All Holders must read, understand and agree to the terms and conditions stated herein and agree that these terms shall be construed by and governed in accordance with the laws of the State of Florida and that, with respect to any dispute arising from these terms, sole and exclusive jurisdiction and venue shall lie with the state and federal courts located in the County of Orange, State of Florida. For the avoidance of doubt, registration, purchase or use of a Badge shall be considered acknowledgment of, and agreement to, these terms and conditions.
I authorize Optometry Divas, or its designees, to charge the amount specified above to the designated credit card.
Ensuring the quality of the Optometry Divas Educational Retreat (ODER) for attendees and exhibitors requires a mutual commitment of good faith and cooperation by all parties involved. Except as otherwise agreed in writing, the following General Terms and Conditions are designed to implement the principles of this mutual commitment in a fair, effective, and equitable manner.
CODE OF CONDUCT
The following Code of Conduct applies to all exhibitors/sponsors (herein “Exhibitor or Exhibitors”) and to each of their personnel in attendance. Failure to comply may result in loss of sponsorship, forfeit of all payments, loss of future sponsorship, and/or ejection from the conference.
Exhibitors and sponsors must wear their conference name badge at all Name badges may not be reassigned to other persons.
All promotional materials and literature must be in full compliance with FDA requirements to the extent c.Exhibitor/sponsor may not intrude on any other exhibitor’s/sponsor’s exhibit area.
d.Audio-visual and multimedia presentations must not interfere with any other exhibit.
Exhibitor/sponsor may not hold any educational, informational, or social event for attendees of this meeting except those contracted through Optometry Divas.
ODER shall be entitled to terminate this Agreement forthwith, close the exhibit, and remove the exhibitor’s property from the exhibit/conference area at any time for failure by the exhibitor or any of its officers, agents, employees, or other representative to perform, meet, and/or observe any term, condition, or rules set forth in these terms and conditions, and such exhibitor shall not be entitled to a refund of any
CANCELLATION OF EXHIBIT
All exhibit space is non-cancelable and non-refundable.
DISPOSAL OF MEDICAL WASTE
Exhibitors must follow OSHA guidelines for disposal of any hazardous waste.
DISTRIBUTION OF PREMIUMS
Contests, lotteries, raffles, and games of chance are prohibited.
DISTRIBUTION OF PRODUCT INFORMATION
Product information cannot be distributed at any scientific session or in hotel lobbies. Companies may not display or demonstrate products, processes, or services, solicit orders, or distribute advertising material at any location (within or outside the Exhibit Hall) other than in their assigned exhibit space.
EXHIBITOR BADGE CONTROL AND REGISTRATION
All participants affiliated with exhibits and/or exhibitors must be registered. The official ODER badge must be worn whenever an exhibitor representative is in the exhibit area or meeting rooms. Individual exhibit representatives must check-in with the ODER registration desk to obtain name badges.
All materials used in the exhibit area must conform to local fire ordinances and be in accordance with regulations established by the National Association of Fire Underwriters. All displays are subject to inspection by the local fire and safety authority. Fire stations and fire extinguisher equipment are not to be covered or obstructed in any manner.
INSTALLATION AND DISMANTLE POLICY
Exhibitors must install and tear down their exhibit space during the designated installation and dismantle times.
LIABILITY & INSURANCE
Exhibitor agrees to fully defend, indemnify, and hold harmless Optometry Divas Educational Retreat (ODER), OPTOMETRY DIVAS from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of Exhibitor while a participant of the ODER, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and any reimbursements to the ODER, OPTOMETRY DIVAS, for all legal fees, expenses, and costs incurred by it. Exhibitors wishing to insure their exhibit materials, goods, or wares against theft, damage by fire, accident, or loss of any kind must do so at their own expense.
MEETING CANCELLATION POLICY
If the ODER is abbreviated or canceled due to circumstances beyond its control, including but not limited to, civil disturbance, earthquake, electrical outage, explosion, fire, strike or labor unrest, flood, hurricane, tornado or other acts of God, an act of war, or the act of any government, then this agreement shall be suspended without penalty and rescheduled within twelve (12) months. If, in the sole discretion of ODER it cannot be rescheduled, both parties shall be excused from this agreement without penalty or liability of any kind to the other and all funds collected shall be refunded in full.
PHOTOGRAPHY AND VIDEOTAPING
Photographing, videotaping and/or audio taping of any kind is prohibited during the conference without the permission of ODER. ODER may engage in photographing, videotaping and/or audio taping the meeting for post meeting promotion and/ or educational purposes.
SALES AND ORDER TAKING
Sales and order taking are permitted, provided all transactions are conducted in a manner consistent with the professional nature of the meeting. Products for sale must be the exhibitors’ own unaltered products, and the products or services must be pertinent to the attendees’ professional interest. ODER reserves the right to restrict sales activities that it deems inappropriate or unprofessional.
Exhibitors must make provisions for safeguarding its goods, materials, equipment, and display at all times.
Exhibitors may not permit any other party to exhibit in their space any goods other than those manufactured or distributed by the contracting exhibitor, or permit the solicitation of business by others within their booth space.
TERMS AND CONDITIONS COMPLIANCE
The sponsoring company agrees to abide by all terms and conditions outlined in this agreement. You also agree to share the terms and conditions with your company representatives who attend the ODER meeting. These terms and conditions may be amended at any time and all amendments, as communicated to and accepted by sponsor shall be equally binding on all parties affected by them as the original regulations.[/vc_column_text][/vc_column][/vc_row]
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