PLEASE READ CAREFULLY. BY REGISTERING FOR THE EVENT, YOU ACCEPT THESE TERMS AND CONDITIONS (THIS "AGREEMENT"). THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS.
IN CONSIDERATION of being permitted to enter and remain at the premises (the "Venue") hosting MetaCenter Global Week (the “Event”) organized by INNOVATE ORLANDO, INC., VRAR ASSOC. LLC and FLORIDA NEXT FOUNDATION, DBA SYNAPSE FLORIDA (“MCGW”) and in recognition of MCGW’s reliance, the individual specified on the registration (referred to as “I”, “Me” or the “Attendee”) and, as applicable, on behalf of myself and my heirs, assigns, executors, administrators, next of kin, and other persons acting or purporting to act on my behalf (collectively, "Related Persons"), hereby acknowledge and agree to the terms below by submitting my registration to the Event.
THE TERMS AND CONDITIONS IN THIS AGREEMENT ARE IN ADDITION TO ANY TERMS AND CONDITIONS ESTABLISHED BY THE VENUE. I hereby expressly waive and release any and all claims, now known or hereafter known, against MCGW, and its officers, directors, manager(s), employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, "Released Parties").
1. ADMITTANCE. In its sole discretion and without refund, MCGW reserves the right to refuse admittance to or expel from the event anyone that it determines is behaving in a manner that could be disruptive to the Event or pose any danger to any other attendee. Attendees consent and agrees that in such event, they shall not be entitled to a refund of any portion of the amounts paid. Breach of any of the terms herein shall entitle MCGW to all available legal remedies.
2. ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS. I fully understand that: the novel coronavirus SARS-CoV-2 and any resulting disease (together with any variation thereof, "COVID-19") is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present; no Safety Protocols (as defined below) can eliminate the risk of exposure to COVID-19; while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Center for Disease Control and Prevention (CDC) and other public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable; and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to Attendee’s spouse, family members, and other persons in proximity to Attendee’s; and exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.
I hereby acknowledge and agree that in the absence of any negligence or other breach of duty by MCGW or the Released Parties, entry to the Venue and attendance at the Event is entirely at my own risk.
3. ASSUMPTION OF RISKS, HAZARDS AND DANGERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SAVE IN RELATION TO INSTANCES OF GROSS NEGLIGENCE, RECKLESS CONDUCT, WILLFUL/WANTON CONDUCT, OR INTENTIONAL ACTS BY MCGW AND THE RELEASED PARTIES, THE ATTENDEE, ON BEHALF OF ITSELF AND RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY AND IRREVOCABLY, ASSUMES ALL RISKS, HAZARDS AND DANGERS RELATED TO ENTRY INTO, AND PRESENCE IN, AT AND AROUND THE VENUE AND EVENT, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO COMMUNICABLE DISEASES (INCLUDING, WITHOUT LIMITATION, COVID-19), VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSE THEREOF, SICKNESS, PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH. THE ATTENDEE HEREBY ACCEPTS PERSONAL RESPONSIBILITY FOR ITS VOLUNTARY ATTENDANCE AT THE EVENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ATTENDEE HEREBY ASSUMES, ON BEHALF OF ITSELF AND RELATED PERSONS, ALL RESPONSIBILITY OF CLAIMS AND POTENTIAL CLAIMS RELATING TO THE RISK, HAZARDS AND DANGERS DESCRIBED IN THIS AGREEMENT SAVE FOR INSTANCES OF GROSS NEGLIGENCE, RECKLESS CONDUCT, WILLFUL/WANTON CONDUCT, OR INTENTIONAL ACTS BY MCGW.
4. RELEASE AND WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ATTENDEE, ON BEHALF OF ITSELF AND RELATED PERSONS, HEREBY ACKNOWLEDGES AND KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES, EACH OF THE RELEASED PARTIES WITH RESPECT TO ANY AND ALL CLAIMS THAT ATTENDEE OR ANY OF ATTENDEE’S RELEASED PERSONS MAY HAVE (OR HEREINAFTER ACCRUE) AGAINST ANY OF THE RELEASED PARTIES, THAT RELATE TO ANY OF THE RISKS, HAZARDS AND DANGERS DESCRIBED ABOVE IN SECTIONS 2 AND 3, INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS THAT ARISE OUT OF OR RELATE IN ANY WAY TO ATTENDEE’S OR RELATED PERSONS' EXPOSURE TO COVID-19, (COLLECTIVELY, THE "CLAIMS"), IN EACH CASE WHETHER CAUSED BY ANY ACTION OR INACTION (OTHER THAN GROSS NEGLIGENCE, RECKLESS CONDUCT, WILLFUL/WANTON CONDUCT, OR INTENTIONAL ACTS) OF ANY RELEASED PARTY OR OTHERWISE. THE RELEASEES SHALL NOT BE LIABLE FOR ANY LOSS, LIABILITY OR DAMAGE TO PERSONAL PROPERTY.
5. LIMITATIONS ON ASSUMPTION OF RISK AND RELEASE OF LIABILITY. FOR THE AVOIDANCE OF DOUBT, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN (INCLUDING THE ABOVE SECTIONS 3 AND 4), THIS AGREEMENT DOES NOT RELEASE LIABILITY WITH RESPECT TO OR EXTEND TO CLAIMS THE LAWS OF THE STATE OF FLORIDA DO NOT PERMIT TO BE RELEASED OR WAIVED BY AGREEMENT, INCLUDING LIABILITIES ARISING FROM GROSS NEGLIGENCE, RECKLESS CONDUCT, WILLFUL/WANTON CONDUCT, OR INTENTIONAL ACTS.
6. SAFETY PROTOCOLS. Due to the uncertainty related to COVID-19, the Attendee’s admission to the Venue and attendance at the Event is subject to any health and safety policies, assessments, precautions and/or protocols put in place by local, state and federal governmental agencies, the Venue owner/operator, and/or by MCGW and/or third parties, including requirements relating to face masks and/or enhanced health screenings (which may include a requirement that Attendee, and any person in Attendee’s party, be tested for COVID-19 prior to or during the Event and/or provide proof of vaccination against COVID-19) the “Safety Protocols.” The Attendee acknowledges and agrees to comply with the Safety Protocols. Failure to comply with Safety Protocols shall automatically terminate any rights that the Attendee may have hereunder; and shall authorize the Venue owner/operator and/or MCGW (or their respective personnel) to refuse admission to the Venue, or eject the Attendee from the Venue and Event, without refund in each case, and subject Attendee to all legal remedies available to the Released Parties. The Attendee acknowledges that the Safety Protocols are not diagnostic and do not eliminate the risk of exposure to COVID-19.
7. DISCLOSURE OF PERSONAL HEALTH INFORMATION. The Attendee acknowledges that MCGW and/or the Venue may be compelled, required, or requested to disclose certain private personal information of the Attendee and certain Related Persons to public health authorities and other local, state, and federal governmental agencies. Such information may include the results of COVID-19 tests and other health information collected as part of the Safety Protocols. If such disclosure is so compelled, required, or requested, MCGW will disclose only the portion of such information that is legally required. By accepting below, the Attendee consents to such disclosure and agrees that no additional signed release will be required in relation to any such disclosure.
8. INSURANCE. It is the sole responsibility of the Attendee to arrange appropriate personal insurance appropriate or necessary in connection with their attendance at the Event.
9. PAYMENT. By registering for the Event, the Attendee warrants that they have the authority to authorize charges to the credit card or other method of payment, as applicable. Attendee understands and agrees that MCGW is not liable, in any way, for erroneous bill statements or incorrect charges and that should an error occur in billing or debiting, “MCGW’ only responsibility is to correct such error when and if MCGW receives written notice of such error. All bookings made prior to the Event must be paid in full to guarantee registration. If payment is not made at the time of booking, registration will be provisional. Attendees will be required to ensure that full payment is received by MCGW within 30 days of the booking date, or prior to the event date, whichever is sooner. If Attendee’s full payment has not been received before the event, a credit card payment will be required at the time of check-in. Only one discount at a time can be applied to Attendee’s event registration fee. If Attendee is using a discount code, the discount will be deducted from the current online price of the ticket. All prices displayed are exclusive of VAT unless otherwise stated, VAT will be charged, where applicable, at the prevailing rate on the invoice date, and the relevant details will appear on the invoice.
10. EVENT AMENDMENTS AND DISCLAIMER. MCGW and any other organizer of the Event reserve the right to make changes to the agenda, format, speakers, location and any other aspect of the event without notice and without liability to the Attendee. MCGW may, at any time, with or without giving notice, in its absolute discretion and without giving any reason, change, cancel or postpone the event, change its venue or any of the other published particulars, or withdraw any invitation to attend. In any case, none of the Releases shall be liable for any loss, liability, damage or expense suffered or incurred by any person, nor will they return any money paid to them in connection with the event unless they are satisfied not only that the money in question remains under their control, but also that the person who paid it has been unfairly prejudiced, about which the decision shall be in their sole and unfettered discretion and, when announced, final and conclusive.
11. SPEAKERS, SPONSORS AND EXHIBITORS. Views expressed by any attendee, speaker, exhibitor or sponsor at the Event are their own. MCGW shall have no liability for advice given, or views expressed, by any attendee, speaker, exhibitor or sponsor at the Event or in any material provided to attendees.
12. PHOTOGRAPHS, PUBLICITY MATERIAL, RADIO AND TELEVISION AND PRINT MEDIA. Except as otherwise expressly agreed in writing between MCGW and the applicable party, MCGW reserves the sole right to use any photographs, recordings, electronic images or publicity material received by or obtained by MCGW in the course of the event, for whatever use deemed proper by MCGW. MCGW has the exclusive right to include photographic, video and other visual portrayals of attendees, sponsors, exhibitors and their exhibits, including their contents, in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity and otherwise, without further compensation to the attendee, speaker, sponsor or exhibitor, and all rights titled and interest-bearing (including all worldwide copyrights therein) will be MCGW’ sole property, free of any claims of an attendee, speaker, exhibitor or sponsor or any persons deriving any rights or interest from the attendee, speaker, exhibitor or sponsor.
14. CANCELLATION POLICY. Attendees may transfer their registration to another individual without any charge, provided that any such individual will be bound by these terms and conditions. Cancellations by Attendees more than six weeks prior to the Event are fully refundable. If the Attendee cancels their registration less than six weeks prior to the Event, MCGW will be obliged to charge the full fee, and the Attendee will be issued a future credit note to use on an event within 12 months of the issue date. Attendees must notify MCGW in writing of a cancellation, or MCGW will be obliged to charge the full fee. If the Event is must be postponed, the Attendee’s registration will automatically roll over to the new date and platform. If the Event is cancelled, the Attendee will be automatically be given a future credit (valid for 12 months from issue) for another event or equivalent product/service of the Attendee’s choice. Attendees may request a refund in connection with the postponement or cancellation of the Event within one month following such postponement or cancellation. MCGW shall not be liable to the attendee for any damages, costs, or losses incurred, such as transportation costs, accommodations costs, or financial losses. Attendees are responsible for obtaining the appropriate travel insurance to cover themselves with respect to such eventualities.
15. FORCE MAJEURE. MCGW shall not be held responsible or liable for any delay or failure in performance of its obligations hereunder (including the holding or hosting of the Event) to the extent such delay or failure is caused by (i) storm, flood, fire, earthquake or other acts of God; (ii) war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest or violence; (iii) any disease, epidemic or pandemic, including novel coronavirus COVID-19 (together with any mutation, adaptation, or variation thereof), (iv) embargoes or blockades; (v) national or regional emergency; (vi) strikes, labor stoppages, or slowdowns or other industrial disturbances; (vii) any order or guidance from any governmental or quasi-governmental organization, including without limitation in regard to travel, public gatherings, or health and safety; (viii) disruptions in supply chains, hotel inventory, commercial air travel or other public transportation; (ix) failure of carriers or utilities or equipment beyond MCGW’ reasonable control; (x) unavailability of the venue through no fault of MCGW; or (xi) other similar causes beyond the reasonable control of MCGW. In any such event, MCGW shall be entitled but not obliged to either provide alternative facilities or venue for the Event and/or reschedule the Event, without liability on the part of the MCGW. If MCGW is unable to reschedule or rearrange the event, MCGW may cancel the Event on the part of the MCGW, and the Attendee will receive a future credit (valid for 12 months from issue) for another event or equivalent product/service of your choice.
16. GOVERNING LAW. Attendee hereby understands and agrees that this Agreement will be governed by and construed in accordance with the laws of the State of Florida. Attendee and MCGW hereby consent to the exclusive jurisdiction of any state or federal court sitting in Orange County or in the United States District Court for Central Florida.
17. Attendee hereby agrees that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding. All waivers of any provision of this Agreement must be made in writing and signed by MCGW.