Cryotherapy Industry National Association
March 5-7, 2023
Renaissance Dallas at Plano Legacy West Hotel
RELEASE AND WAIVER OF LIABILITY
Terms and Conditions
Please carefully read the following terms and conditions relating to your participation in CryoCon2023 (“Event”), run, managed, and conducted by Cryotherapy Industry National Association, LLC and its directors, officers, employees, interns, agents, representatives, and assigns (“Promoter”). By attending this Event, you (the “Attendee”) signify your acceptance of and obligation to this Release and Waiver of Liability.
Attendee is required to be respectful and professional to Promoter’s staff; location hosts; speakers; and other Attendees and their guests or families throughout the Event, including during non-scheduled downtime, breaks, and off-site events and activities. Promoter reserves the right to remove Attendee from the Event location should they be deemed rude; harassing; uncooperative; unprofessional; intoxicated; or in possession of unauthorized alcohol or any illegal substance. In these cases, the Attendee’s tuition/fees for the Event will not be reimbursed or refunded, and the Attendee may be
prohibited from participating in future events hosted by Promoter.
Personal Responsibility with Alcohol
During designated times, alcoholic beverages will be available for Attendees who are 21 years of age and up. Attendee acknowledges and agrees that any alcoholic beverages consumed are a personal choice and responsibility. Attendee agrees to drink responsibly and will refrain from driving if intoxicated. Attendee acknowledges that he or she alone is responsible for his or her actions when consuming alcohol, and Promoter is in no way responsible for Attendee’s actions or behavior.
By participating in the Event, Attendee understands that portions of the Event may be recorded live and/or captured in still and/or digital photographs. Attendee grants Promoter and its employees, agents, and assigns permission to take and use visual/audio images. Visual/audio images are any type of recording, including but not limited to photographs; digital images; drawings; renderings; voices; sounds; video recordings; audio clips; or accompanying written descriptions (“Images”). Attendee agrees that Promoter owns the Images and all rights related to them. The Images may be used in any manner or media, such as Promoter’s websites; publications; promotions; broadcasts; advertisements; and posters, without notifying Attendee. Attendee waives any right to inspect or approve the finished Images or any printed or electronic matter that may be used with them, or to be compensated for them. Attendee
releases Promoter and its employees, agents, and assigns, including any firm authorized to publish, broadcast and/or distribute a finished product containing the Images, from any claims, damages or liability which Attendee may ever have in connection with the taking or use of the images or printed material used with the Images. Attendees are prohibited from recording (whether via audio or video) during
the Event; Attendee agrees to this term as a condition of being allowed to attend the Event.
The use of Drones/Unmanned Aircrafts (“UAV”) is strictly prohibited at all times throughout the entire Facility and the adjacent areas outside of the Facility. UAV’s are devices that are used or intended to be used for flight in the air with no on-board pilot (either controlled manually or through an autopilot using a data link to connect the pilot to the UAV).
Attendee consents to receive communications from Promoter by e-mail. Attendee agrees that all agreements, notices, disclosures and other communications provided by Promoter satisfy any legal requirement that such communications be in writing.
By participating in the Event, Attendee acknowledges and agrees that s/he is subject to the Privacy Policies of Promoter.
Event registration may be canceled with full refund (less a $50 processing fee), provided written notification is received, any time up until six (6) weeks before the Event start date (before Sunday, January 22, 2023).
No refunds will be granted within six (6) weeks of Event start date (after Sunday, January 22, 2023).
Refund requests should be submitted in writing to:
Promoter has taken every effort to accurately represent this Event and its potential to help Attendees grow their businesses. It should be noted that statements made by Promoter, its advertisers, its sponsors, or its exhibitors are only estimates of potential income. There is no guarantee that Attendee will earn comparable income, and Attendee accepts the risk that earnings and income will differ by individual. As with any business, results may vary and will be based on individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success an Attendee may experience. Any testimonials or examples used are exceptional results, which do not apply universally, and are not intended to represent or guarantee that an Attendee will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation.
Attendee understands and agrees that the views and opinions expressed during the Event are those of the individual speakers and exhibitioners and do not reflect the views or opinions of Promoter.
Confidentiality and Non-Compete
In consideration for being permitted to participate in the Event and its related activities, Attendee understands and agrees that the tools, processes, strategies, materials, and information presented in the Event are confidential, copyrighted, and proprietary to the Promoter and its exhibitors. In consideration Attendee agrees not to record, duplicate, distribute, or utilize Event materials in any manner whatsoever without the express written permission of Promoter. Any unauthorized use or distribution of these proprietary concepts, materials, and intellectual property by Attendee or Attendee’s representatives is strictly prohibited. Attendee acknowledges that Promoter will pursue legal action and full damages if these terms are violated.
In consideration for being permitted to participate in the Event and its related activities, Attendee agrees to assume all risk and accept sole responsibility for any injury, (including, but not limited to, personal injury, disability, and death); business losses; illness; damages or losses; claims; liabilities; or expenses, of any kind, that Attendee may experience or incur in connection with attending the Event and its related activities.
Further, Attendee (and his or her heirs, personal representatives, and assigns) hereby releases, waives, discharges, covenants not to sue, and holds harmless Promoter and its directors, officers, employees, interns, agents, contractors, sponsors, facility hosts, representatives, and exhibitors from liability from any and all claims, including negligence on the part of Promoter (regardless of whether such cause was foreseeable or attributable to a negligent act or omission), resulting in any injury, (including, but not limited to, personal injury, disability, and death); business losses; illness; damages or losses; claims; liabilities; or expenses, of any kind, that Attendee may experience or incur in connection with attending the Event and its related activities.
Attendee further agrees to indemnify and hold harmless Promoter its directors, officers, employees, interns, agents, contractors, sponsors, facility hosts, representatives, and exhibitors from liability for any of Attendee’s reckless, negligent, or intentional acts or omissions while attending and/or participating in the Event or any off-site activities.
Liability Waiver and Assumption of the Risk: COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic. Because COVID-19 is extremely contagious and is spread mainly from personto- person contact, Promoter has put in place preventative measures to reduce the spread of COVID-19. Consistent with CDC guidelines, Attendees are encouraged to practice hand hygiene, “social distancing,” and wear face coverings to reduce the risks of exposure to COVID-19. However, Promoter cannot prevent Attendee from becoming exposed to, contracting, or spreading COVID-19 while at the Event, at an off-site event or activity associated with the Event, or while performing any action for or on behalf of Promoter or its representatives. Any in-person interaction at the Event and off-site events may increase Attendee’s risk of contracting or spreading COVID-19.
Attendee understands these specific risks and nonetheless accepts them to attend the Event. This Event and off-site events or activities associated with the Event are of such value, that Attendee accepts the risk of being exposed to, contracting, and/or spreading COVID-19 to participate in person. Attendee therefore forever releases and waives all claims and rights against Promoter in connection with exposure, infection, and/or spread of COVID-19 related to attending the Event and any off-site events or activities. Attendee understands that this waiver and assumption of risk means Attendee gives up all right to bring any claims against Promoter, including negligence on the part of Promoter (regardless of whether such cause was foreseeable or attributable to a negligent act or omission), resulting in any injury, (including, but not limited to, personal injury, disability, and death); business losses; illness; damages or
losses; claims; liabilities; or expenses, of any kind, that Attendee may experience or incur in connection with attending the Event and its related activities.
By attending the Event, Attendee certifies the following:
I have not experienced any of following symptoms within the past 14
days: fever over 100.4º F/ 37.8º C; cough; shortness of breath; sore
throat; chills; nausea, diarrhea, or vomiting; fatigue; muscle aches; or loss
of taste or smell;
Neither I, nor any member of my household has traveled internationally within the past 14 days;
Neither I, nor any member of my household has visited any area within the United States that was reported to be highly affected by COVID-19, in the past 14 days;
Neither I, nor any member of my household has tested positive for COVID-19 within the past 14 days;
Neither I, nor any member of my household has been in close proximity with anyone who has tested positive for COVID-19 within the past 14 days;
Attendee agrees to comply with any Federal, State, or municipal mandates in effect at the time of the Event. This waiver will remain effective until laws and mandates relevant to COVID-19 are lifted.
The relationship between Attendee and Promoter (and Promoter’s employees, agents, and assigns) (“Parties”) and all claims arising out of or related to that relationship, including, but not limited to, the construction and interpretation of this registration, will be governed by the substantive laws of the State of Texas. Promoter’s principal office is in the State of Texas and this registration site is controlled by Promoter from its offices within the State of Texas. The Event’s registration website can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of the State of Texas, by registering for the Event through this site, Attendee and Promoter agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles, will apply to all matters relating to use of this site (whether grounded in tort, contract, law, or equity) and any injury incurred by Attendee (whether grounded in tort, contract, law, or equity) in connection with the Event. In the case of a dispute, Attendee and Promoter agree that any litigation arising between the Parties shall be brought only in the state or federal courts having subject matter jurisdiction in Dallas County, Texas. Attendee irrevocably and unconditionally consents to the jurisdiction of any such court and irrevocably and unconditionally waives any defense of an inconvenient forum; any objection to venue with respect to any such action or proceeding; and any right of jurisdiction on account of the place of residence or domicile of any individual or company that is a party to such action or proceeding.
Acknowledgment of Understanding
By signing below, I the Attendee, acknowledge that I have read the foregoing Release and Waiver of Liability and understand its contents and terms; that I am at least eighteen (18) years old and fully competent to give my consent; that I understand that I am giving up substantial rights, including my right to sue; that I give my voluntary consent in signing this Release and Waiver of Liability as my own free act and deed with full intention to be bound by the same, and free from any inducement or representation; and that I intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Attendee acknowledges and agrees that if any of the provisions in this Release and Waiver of Liability are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable and will not impact the validity and enforceability of the remaining provisions.
Attendee consents to this Release and Waiver of Liability electronically pursuant to the laws of the United States and the State of Texas, including but not limited to, the Electronic Signatures in Global and National Commerce Act, and the Uniform Electronic Transactions Act and other similar laws, rules, and regulations.
Please print a copy of this agreement for your records.
IF YOU DO NOT ACCEPT THESE TERMS PLEASE DISCONTINUE YOUR REGISTRATION FOR THIS CONFERENCE.