AC24 Attendee Agreement

THE ENROLLMENT MANAGEMENT ASSOCIATION, INC., WITH ITS PRINCIPAL PLACE OF BUSINESS LOCATED IN PRINCETON, NEW JERSEY, UNITED STATES (“EMA”), WELCOMES YOU TO THE EMA 2024 ANNUAL CONFERENCE (THE "EVENT").

Acceptance of Attendee Terms & Conditions
EMA PROVIDES THE EVENT TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY OR PERSON ON WHOSE BEHALF YOU (COLLECTIVELY, “YOU”) ACCEPT THESE EMA 2024 ANNUAL CONFERENCE ATTENDEE TERMS & CONDITIONS. THESE EMA 2024 ANNUAL CONFERENCE ATTENDEE TERMS & CONDITIONS ARE ENTERED INTO BY AND BETWEEN EMA AND YOU (THE “TERMS”). YOU ACCEPT THEM AND AGREE TO BE BOUND BY THEM BY: (I) SIGNING UP FOR AN ACCOUNT ON THIS WEBSITE; (II) REGISTERING FOR THE EVENT VIA THIS WEBSITE; (III) ACCEPTING AN INVITATION TO THE EVENT; (IV) CONSENTING TO A THIRD PARTY REGISTERING YOU FOR THE EVENT; (V) ORDERING OTHER GOODS OR SERVICES VIA THIS WEBSITE; (VI) USING THIS WEBSITE; or (VII) ATTENDING THE EVENT ((I) THROUGH (VII) COLLECTIVELY, THE “REGISTRATION ACTIVITIES”).

Applicable Terms 
The Terms set forth here apply to Your registration for the Event, communications about the Event, attendance at the Event, all activities related to the Event that occur before during and after the Event.

TERMS

Description of Services
The Event is scheduled to take place in-person from September 17 through 21, 2024 at the Sheraton in Boston, Massachusetts (the “Hotel”). This website provides access to an account, registration and other services for the Event, including but not limited to information regarding promotional, sales, sponsorship, and networking opportunities for schools, education services providers and professionals who work in admissions and enrollment for independent private schools ("Services").

The benefits associated with the Event as well as additional details of the Event are provided at www.ac.enrollment.org 

Eligibility
If You are registering on behalf of your employer or a third party, You represent and warrant that You are at least 18 years old and are authorized to accept these Terms on behalf of each person that You register, and that each person You register agrees individually to be bound by these Terms and agrees to indemnify EMA for violation of these Terms. You also represent and warrant that You have registered to attend the Event having only used a registration code that you are actually authorized to use.

Payment
All payments must be made in United States dollars to EMA’s appointed payment processor, authorize.net. Admission to the Event will not be granted without payment being received in full by the applicable due date. EMA’s receipt of an application for registration and/or Your making payment for registration does not constitute EMA’s acceptance of Your offer to register for the Event. Whether or not EMA accepts your application is within EMA’s sole discretion. EMA will return any applications and payments that are not accepted.

Cancellations
You may cancel your registration and EMA will provide a refund of 90% of the registration fee, less a 10% administrative  processing fee, if you send a written request to EMA via email to jdavis@enrollment.org no later than August 1, 2024.  You may not cancel your registration or request a refund after August 1, 2024.
You are also solely responsible for cancellation of travel and hotel reservations (including any associated cancellation charges).

EMA reserves the right to cancel Your registration without notice if payment as required by these Terms is not received by EMA by the due date, You fail to provide all information required in the relevant registration form, or You are in violation of these Terms or any other applicable terms and conditions. You agree that EMA will not provide a refund and is not responsible for any damages, direct or indirect, resulting from any such cancellations.
If EMA cancels the Event, and You are a registered attendee who has paid Your Event registration fees in full, Your sole and exclusive remedy (whether under tort, contract, or otherwise), will be a refund of Your registration fee to the original method of payment. You are liable for the cost of any foreign exchange, return or other bank fees arising out of the refund of Your registration fee.

If the Event is postponed, EMA will provide You with a substitute registration for the new event. No refunds will be provided if the Event is postponed.

For the avoidance of doubt, You agree in no event shall EMA be liable to You or any third party for any other costs, expenses, or damages, direct or indirect, consequential, punitive, incidental, special or general resulting from a postponement, cancellation, or termination, including but not limited to travel and accommodation.
COVID-19 Health and Safety Protocols

You understand and acknowledge each of the following statements related to your participation in the Event:

COVID-19 HAS BEEN DECLARED A WORLDWIDE PANDEMIC BY THE WORLD HEALTH ORGANIZATION, IS EXTREMELY CONTAGIOUS AND IS SPREAD EASILY FROM PERSON-TO-PERSON THROUGH CLOSE CONTACT AND AIRBORNE TRANSMISSION. 

COVID-19 is an extremely contagious illness caused by a coronavirus that can lead to severe illness and death for people exposed to the virus even when people take reasonable precautions to reduce the risk of exposure.
The risk of exposure to COVID-19 exists in all places where people are present and when interacting with others both inside and outside enclosed buildings and spaces.  This risk includes attending the Event and participating in activities, meetings, sessions, meals and/or social events with others when in and on the premises of the Hotel and at locations off the premises of the Hotel, whether formally arranged by EMA or informally arranged by or among participants in the Event. 

You assume all risks related to your potential exposure to COVID-19 in the course of participating in the Event and all related activities.

You accept personal responsibility for doing everything within your power to reduce the risk of both contracting and spreading COVID-19 before and while attending the Event and all related activities.

You will comply with all applicable federal, local and state laws, regulations and guidance and Hotel policies related to COVID-19 before, during, and after the Event.

You agree that You will NOT, under any circumstances, travel to the Event or participate in any in-person activity at the Event if You feel sick, have any flu-like symptoms, have a body temperature in excess of 99.5 degrees, have lost your sense of smell, have been diagnosed with COVID-19, have taken a test for COVID-19 and not yet received a negative test result, failed to comply with an applicable quarantine period, or knowingly been in contact with any person suspected of having COVID-19 in the prior five (5) day period.  

You understand and agree that if You arrive at the Hotel or the Event with any symptoms of illness, or otherwise fail to meet the Hotel’s requirements related to COVID-19, that You may be refused permission to enter the Hotel or asked to leave, and prohibited from participating in the Event. 

Failure to follow the COVID-19 health and safety protocols may, in the sole discretion of the Hotel and/or EMA result in (i) You being prohibited from entering the Event, (ii) You being ejected from the Event, (iii) You being permanently barred from attending the Event or any other EMA event, and/or (iv) EMA, the Hotel or applicable authorities taking any other action permitted by law. In any such circumstances, You remain liable for payment of the full registration fee associated with Your registration.

Identification
You agree to carry Your government issued photo identification in the form of a passport or valid driver’s license issued by any state or territory of the United States with You at all times during the Event. You will be required to produce such identification upon request. You are solely responsible for the accuracy of all personal data provided while registering for the Event. Failure to enter accurate data may result in adverse consequences, including but not limited to, Your failure to receive critical information and the inability to reset account passwords. EMA is not liable for any damages that may result from the submission of incomplete or inaccurate information.

Substitutions
Requests for substitution of a registered Event attendee (the “Original Registrant”) with an alternative person from your school (the “Substitute Registrant”) must be made in writing to jdavis@enrollment.org. Requests are approved or denied by EMA in its sole discretion. Requests must include (i) the Original Registrant's full name and registration number, (ii) documentation evidencing the Original Registrant’s permission to substitute the Substitute Registrant, and (iii) the name of the Substitute Registrant. The cost of substituting the Original Registrant varies based on registration status of the Original Registrant. Any balance due will automatically be transferred to the Substitute Registrant. Once a badge (smartcard or digital) has been issued, no substitutions are permitted.

Registration Sales
Your Registration is personal to You. Sale of Event registrations other than directly from EMA is strictly prohibited. If an invitation code was given to You by an exhibitor, sponsor, advertiser, or other party who properly acquired the registration from EMA (the “Registration Provider”), that code is personal to You, and cannot be sold, gifted, published, or otherwise transferred without express written permission of EMA. You agree You will not sell your registration, purchase a registration from any person or entity other than EMA, publish/distribute any code such that others may use it without appropriate authorization, or in any way work to facilitate access (including Your own) to the Event by unauthorized means. By registering using a registration provided by the Registration Provider, You consent to the disclosure of Your personal data to such Registration Provider, including Your name, email address, company, and job title. If You wish to exercise any data protection rights with regard to how a Registration Provider processes or uses Your personal data, You must do so directly with such Registration Provider.

Visas & Travel Authorization
You are responsible for arranging, and paying all costs for obtaining, appropriate travel authorizations to travel to, and gain entry into, the country where the Event takes place. EMA will not provide a refund or other compensation if you are unable to attend the Event due to lack of necessary travel authorizations.

EMA Trademarks and Logos
Registering for and attending the Event does not grant You any rights to use EMA’s name, logos or trademarks. The Services and materials provided by registering and attending the Event, including all images, designs, photographs, writings, graphs, data, or otherwise are EMA’s property and are protected by international copyright, trademark, trade secret, or other proprietary rights.
Suitcasing and Outboarding
Suitcasing and Outboarding at the Event are strictly prohibited. Suitcasing occurs where companies or persons attend the Event as attendees but "work the aisles" soliciting business from other attendees, exhibitors or Event participants. Outboarding occurs where companies or persons set up events or activities at a location other than the Hotel (or at the Hotel) without EMA’s consent that encourage attendees to leave the Event or otherwise compete with the Event. You will not (i) engage in or support Suitcasing or Outboarding in any way, or (ii) plan, attend or participate in an Outboarding event that takes place during the Event or three (3) days before or after the Event.

You will not develop, facilitate, or host any program, free or paid, during the course of the Event which competes with the EMA 2024 Annual Conference without the prior written permission of EMA, which will be granted or denied in EMA’s sole discretion.

Safety and Security 
For the safety and security of all attendees, EMA reserves the right to enable security personnel to perform security checks of any attendee at any time. EMA is not responsible for lost or stolen items. Please remain alert and keep personal possessions secure at all times. You agree to carry Your mobile telephone (matching the mobile phone number that You provided during registration) with You at all times at the Event so that You can receive important alerts regarding health and safety and other essential information.

EMA reserves the right, in its sole discretion, to refuse admittance or remove any attendee from the Hotel, entry points, or offsite location controlled by EMA at any time, without liability, including, without limitation, where an attendee has violated these Terms.

Decorum, Disruptions and Anti-Harassment Policy
EMA is dedicated to providing a positive, harassment-free Event experience for all participants and staff, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, race, age or religion. Attendees are expected to support a robust, inclusive, professional and polite learning environment at the Event, and otherwise engage in the Event with appropriate decorum both in-person and as permitted within the virtual platform.  EMA and its designees may, in their sole discretion, remove Attendees who display a lack of appropriate decorum or engage in disruptive, non-inclusive, rude or unprofessional behavior during the PAEA Forum, and no refund will be provided if such removal occurs. EMA does not tolerate harassment in any form. The use of harassing language and imagery (including that of a sexualized nature) is not appropriate at any EMA event or related social activity sponsored or organized by the EMA. Any Event participant found to be violating this policy may be sanctioned or expelled without a refund at EMA’s sole discretion. In addition to complying with the rules set forth in this paragraph, all Event participants must abide by the Code of Conduct provided below.

Code of Conduct
The Code of Conduct outlines EMA’s expectations for You and all attendees who attend or access the Event and for those who utilize the conference app platform to post Content or interact with other Event attendees through any channel in connection with the Event. EMA enforces this Code of Conduct and expects Your cooperation to help promote a safe environment and a productive Event experience for everyone.

When messaging or communicating in person and via the conference app platform, or otherwise engaging with the Event, including interactions with other people participating in the Event in-person, through the digital online conference application or social media platforms, please:

Maintain a respectful, considerate, and courteous attitude towards everyone You engage with;
Adhere to the EMA Antitrust Policy;

• Make Your messages and invitations useful, informative and relevant to the Event;
• Do not demean, discriminate, abuse, harass, or threaten any individual or group;
• Do not spam Event participants;
• Do not post content that is obscene or otherwise objectionable;
• Do not post content or message of a political nature;
• Do not use the Event for commercial or advertising purposes, unless you are a Sponsor and are using specific resources made available to Sponsors; and 
• Do not post copyrighted content without permission from the owner.

Attendee Postings
Messages, statements and multi-media posts made by attendees whether in-person or via the conference mobile application platform (the “conference app”) do not reflect the views of EMA and EMA does not verify, endorse, or vouch for any such content. However, EMA does enforce the Terms. If EMA determines, in its sole discretion, that any posting is inaccurate, was posted without authorization, or otherwise does or may violate the Terms, EMA reserves the right, at any time, without prior notice and without limiting any and all other rights EMA may have, at law or in equity, to: (a) modify, refuse or remove the message, statement or multi-media post from the conference app platform; (b) revoke Your right to use the conference app platform; (c) terminate your access to the Event; and/or (d) use any technological, legal, operational or other means available to enforce the provisions of the Terms, including, without limitation, blocking specific IP addresses or deactivating Your registration.
Attendee List and Messaging

As an attendee, You will be identified in the Attendee list and have access to messaging features in the conference app platform. These features are designed to help You find and connect with Your peers before, during and after the Event. Other attendees can view the profile information You supply, but will not have access to Your personal email address, or any other contact information about You, unless You choose to explicitly provide it to them in Your online posts, messages, meeting invitations, or another vehicle of Your choice. Our Event Code of Conduct and these Terms bind your usage of these features. However, Sponsors will have access to your personal email address and related contact information that you provide to EMA at the time of registration.

Presentation Materials
You may receive access to EMA and third-party licensed content (collectively, the “Presentation Materials”). EMA is not liable for the information in the Presentation Materials. You may use these Presentation Materials as well as session audio/video recordings where available solely for Your own internal, non-commercial purposes. Unauthorized distribution (via sales, copying, posting on intranet/internet) is expressly forbidden. You must receive EMA’s prior written approval before excerpting or quoting the Presentation Materials.

Digital Event Content
The Event includes access to content that EMA and other third parties create through the mobile conference application (“EventMobi”) and the websites associated with the Event (including but not limited to ac.enrollment.org and swoogo.com) (collectively, the “Online Platform”). In addition to the content created by third parties, some Online Platform features will provide other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to EMA or others on or through the Online Platform (collectively, the "Content"). You understand that the Content is provided by EMA "AS IS" and that EMA does not guarantee the accuracy, integrity or quality of any Content. In this regard, You acknowledge that You may not rely on any of this Content, whether created by or submitted to EMA, including, Content that is posted on any bulletin board, chat, news group, community, forum or other feedback section of the Online Platform (collectively, the "Forums"). You further understand and agree that the Website may include certain communications from EMA (such as administrative messages and email responses to registrations made by users), and that these communications are considered part of the Event and You may not be able to opt out of receiving them.

NOTE: Some of the Content is available on mobile devices. You should not use such Content in a way that distracts You and prevents You from obeying traffic or safety laws.

Prohibited Conduct
In addition to all other prohibitions set out in the Terms, You are prohibited from the following conduct in connection with the Event and Your use of the conference application:

Violating any applicable laws, statutes, ordinances or regulations;
Promoting or providing information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any illegal acts;
Uploading or transmitting any computer viruses, macro viruses, Trojan horses, worms or any other harmful activity;
Overriding any security feature of the application or jeopardizing the security of Your account or someone else’s account (such as allowing someone else to log in to the Online Platform or use the Service as You);
Modifying, creating derivative works or copying or storing any significant portion of the conference application or any related technology or content contained within the application (unless allowed by law or expressly authorized by EMA);
Using filming equipment or other devices to record any part of the Event; or
Using the conference application (or any part of it) in a manner which may result in: (i) sharing any material which is unlawful, libelous, abusive, obscene, pornographic, discriminatory, harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar invasive of another’s privacy, hateful or otherwise objectionable, defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety; or (ii) violating or infringing the rights of any person, firm or company (including, but not limited to, intellectual property rights, confidentiality and/ or privacy).

EMA reserves the right to terminate or restrict your participation in the Event if you violate these Terms or are engaged in illegal or fraudulent use.

Speaker Sessions
Speaker sessions are central to the success of the Event. In order to provide You with a global platform for the exchange of ideas and insights, EMA invites key figures from the industry to share their personal perspectives concerning the challenges and opportunities facing our industry today. Speakers are generally not employees of EMA and EMA neither pre-reviews nor comments on the content of speaker sessions. Speaker views and opinions are entirely their own and in no way reflect the views and opinions of EMA.

Intellectual Property Rights
All intellectual property rights in and to the Event (including all digital an tangible elements), the Content, the Services and all materials distributed at or in connection with the Event are owned by us, our related companies, and/or the Event Partners or speakers participating in the Event. You agree not to reproduce, modify, distribute, license, perform, publish, create derivative works from or use (except as authorized and in accordance with these Terms) the Event or the Services for any reason.

Nothing in these Terms shall vest in you any legal or beneficial right in or to any intellectual property rights owned or used under license by EMA, or grant to you any right or license to any other intellectual property rights of EMA. All such intellectual property rights shall remain the exclusive property of EMA and our related companies. It is strictly forbidden for any company, organization, or person to attempt to host or organize any event in conjunction with, contiguous to or purporting to be related to the Event or its affiliates without the express prior permission and cooperation of EMA. We reserve their right to take such action (legal or otherwise), including a claim for damages as we, in our sole discretion, deem appropriate in the circumstances.
Smoking/E-Cigarettes
You are strictly prohibited from smoking, including using smokeless tobacco products, e-cigarettes or unregulated nicotine products, except in designated areas where You maintain at least two meters of physical distance from other individuals at all times.

Term and Termination
These Terms are effective from the moment You carry out any of the Registration Activities until terminated by EMA. You agree that EMA may terminate these Terms in EMA’s sole discretion at any time without prior notice. In the event of termination, You are no longer authorized to attend the Event. You agree that EMA is not liable to You or any third party for any termination of Your access to the Services or the Event, unless otherwise stated herein.

The following Sections survive any termination of the Terms: EMA Trademarks and Logos, Privacy and Data Protection, Your Collection of Attendee and Exhibitor Data, Eligibility, No Warranty, General Assumption of Risk and Release of Claims, COVID-19 Assumption of Risk and Waiver of Liability, Limitation of Liability, Class Action Waiver, and Indemnification.

Third-Party Services 
The Event website and mobile conference application may contain or make available information on accommodations, transportation, and other services provided by third parties (each, a “Third Party Service”). All Third-Party Services are subject to the terms and conditions established by the service providers and you must make yourself aware of all such terms and conditions and comply with them in order to use Third Party Services. EMA is not responsible for the conduct of Third-Party Service Providers or disputes between you and any provider of Third Party Services. You are responsible for complying with each Third-Party Service Provider’s terms and conditions and cancellation policy, including if the Event is canceled or postponed for any reason.

Changes to the Event or Services and Restrictions on Access
The Event and the Services are subject to change at any time. EMA does not guarantee the attendance of any third party (including any exhibitor or speaker), or that any scheduled session, breakout, keynote or other activity will take place.

EMA reserves the right, including without prior notice, to make any change to the Event or Services at any time for any reason (including modification of the schedule or content of, or cancellation of, any session, breakout, keynote or other activity). EMA is not responsible for, and will not issue any refunds, if there is change to an Event (including modification of the overall Event program, or the schedule or content of, or cancellation of any session, keynote or other activity).

EMA reserves the right, including without prior notice, to limit the number of Event attendees and participants, to cancel or terminate any Event registration, to bar any person from attending all or any part of any Event, and to refuse to provide any person with access to Event materials.

Privacy and Data Protection
In general, EMA collects and uses information about You in connection with the provision of the Services and for account administration. If you complete any Registration Activities for the Event, EMA will collect certain information about You and use it to provide You with information and services associated with the Event. We process this information to fulfill Your request to receive Services. As an attendee, You will be identified in the Attendee list and have access to messaging features in the conference app Platform. These features are designed to help You find and connect with Your peers before, during and after the Event. Other attendees may be able to view the profile information You supply. Our Event Code of Conduct and these Terms bind your usage of these features. Notwithstanding any limits you may place on sharing your Personal Data with other attendees in the conference app, Event Sponsors will have access to your personal email address and related contact information that you provide to EMA at the time of registration, and you consent to EMA sharing Your personal data (email address, name, title, organization, and contact information)  with Event Sponsors as a condition of Your registration for the Event.   Further details about EMA’s policies and practices around the processing of personal data is available in our Privacy Policy located here: https://www.enrollment.org/resources/privacy-policy. 

In addition to and without prejudice to the Privacy  Policy,  EMA will collect certain information about You and use it to provide You with information and services associated with the Event. We process this information to fulfill the offer You have made to receive Services. The data we process as part of the event administration includes:

• Primary Email
• First Name
• Last Name
• Preferred pronouns
• Organization Name
• Job Title
• Country / Region
• Address
• City
• State / Province 
• Postcode / Zip Code
• Mobile (Country Code / Number)
• Your data is used for the administration and management of the Event (which may occur through external providers), including the following:
• Validation of Your being entitled to participate in the Event;
• Communication with You regarding the Event; and
• Sharing Your data with selected Event Partners.

All third parties, including those listed below, are required to respect the security of Your personal data and to treat it in accordance with the law. Third partysuppliers of services included in the Online Platform include:
Swoogo – Registration System
EventMobi – Mobile Conference App

Please note that the Website and/or Platform and all related online services and platforms (Sponsor showcase/ expo/ socials) will be recorded and photographed. By agreeing to these Terms You give consent for video recordings, audio recordings and photos of You and your likeness to be used during and after the Event and within the Online Platform. 

Your Collection of Attendee and Exhibitor Data
You may receive personal and contact information from attendees and exhibitors that is voluntarily provided to You or otherwise obtained in accordance with applicable law. You cannot sell any of this information and must comply with any legal restrictions placed on the use, protection and disclosure of such information.
Recordings by You

By attending this Event, You agree that, without the prior written consent of EMA: (i) You will not bring into the Hotel any equipment for the purpose of recording or broadcasting sounds or images for any purpose other than a private non-commercial purpose (and any such equipment may be confiscated by EMA and any recordings made destroyed); (ii) You will not make any recording or take any photographs for any purpose; and (iii) You will not publish, license or in any way disseminate recordings or photographs taken within the Hotel of any persons or material.

Recordings by EMA and Authorized Third Parties
You consent to EMA and its authorized third parties, including but not limited to EventMobi and EMA’s marketing and advertising providers, making and storing recordings of You, Your image, Your voice and likeness by any means (the “Recordings”) without compensation of any kind to You. You release EMA, its affiliates, and its authorized third parties from any and all claims and causes of action You may have now or in the future including but not limited to defamation, invasion of the right of privacy, publicity or personality, copyright or trademark infringement and unfair competition, and agree not to institute any legal action based on any grounds whether or not specified in this section. You agree that EMA, or the applicable third party, is the copyright owner of the Recordings, and is not obligated to use the Recordings. All the rights granted to EMA by You hereunder are irrevocable and perpetual, and You waive all rights to any equitable relief in connection with the Terms set forth herein. To exercise Your data subject rights with respect to third parties’ recordings, You must contact that third party directly.  Your acts and statements contained in the Recordings will not violate any right of any third party.

Attendee License Granted to EMA 
By registering for and/or participating in the Event, You grant EMA a non-exclusive, irrevocable, non-transferable, non-assignable, sublicensable, royalty–free, fully paid, worldwide right and license to use Your name, likeness and voice for the exclusive purposes of copying, streaming, recording, broadcasting, displaying and transmitting Your name, likeness and voice in any media format for the purpose of facilitating the production of the Event, including the the Internet-based components of the Event on the Online Platform, without limitation and without requiring EMA to pay You any fees, royalties or honoraria.   

Disclaimer of Content and Statements of Third Parties
EMA expressly disclaims any liability or responsibility for usage of, implementation of, impact from, or communications of the ideas or discussions presented by any attendee, speaker or other participant at the Event.

No Warranty
THE GOODS AND SERVICES ORDERED THROUGH EMA WEBSITES ARE PROVIDED TO YOU "AS IS". EMA GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED BY LAW, EMA EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

COVID-19 ASSUMPTION OF RISK AND WAIVER OF LIABILITY 
YOU ACKNOWLEDGE THAT COVID-19 HAS BEEN DECLARED A WORLDWIDE PANDEMIC BY THE WORLD HEALTH ORGANIZATION, IS EXTREMELY CONTAGIOUS AND IS SPREAD EASILY FROM PERSON-TO-PERSON. YOU THEREFORE ACKNOWLEDGE AND AGREE EMA CANNOT GUARANTEE THAT YOU WILL NOT BECOME INFECTED WITH COVID-19 AT THE EVENT. YOU UNDERSTAND THE RISK OF BECOMING EXPOSED TO OR INFECTED BY COVID-19 IN CONNECTION WITH YOUR PARTICIPATION IN THE EVENT AND YOU PERSONALLY ASSUME THIS RISK. 

ADDITIONALLY, YOU FOREVER EXPRESSLY RELEASE AND WAIVE ALL AND ANY CLAIMS (WHETHER IN CONTRACT, TORT OR OTHERWISE) AGAINST EMA AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS ARISING OUT OF OR RELATED TO EXPOSURE, INFECTION AND/OR SPREAD OF COVID-19, WHETHER BEFORE, DURING OR AFTER ATTENDANCE AT THE EVENT TO THE FULLEST EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS WAIVER MEANS THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU GIVE UP YOUR RIGHT TO BRING ANY CLAIMS, DEMANDS, CAUSES OF ACTION, OR SUITS INCLUDING FOR PERSONAL INJURY, DEATH, DISEASE OR PROPERTY LOSSES, OR FOR ANY OTHER LOSSES, LIABILITIES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO CLAIMS OF NEGLIGENCE, AND GIVE UP ANY CLAIM THAT YOU MAY HAVE TO SEEK DAMAGES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN.
GENERAL ASSUMPTION OF RISK AND RELEASE OF CLAIMS
YOU ACKNOWLEDGE AND AGREE THAT YOUR ATTENDANCE OR PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES (INCLUDING, BUT NOT LIMITED TO YOUR PARTICIPATION IN DEMONSTRATIONS OR HOSPITALITY OFFERINGS) IS COMPLETELY VOLUNTARY AND YOU UNDERSTAND THE NATURE OF THE EVENT. 

IN ADDITION TO THE COVID-19 ASSUMPTION OF RISK AND WAIVER OF LIABILITY SECTION OF THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ACCEPT AND ASSUME ALL RISKS OF ANY AND ALL PERSONAL INJURY OR DAMAGE TO YOUR PERSONAL PROPERTY THAT YOU MAY FACE WHILE ATTENDING THE EVENT. YOU HEREBY RELEASE EMA AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS FROM, AND WAIVE, ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND COSTS) THAT YOU MAY HAVE NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, ASSOCIATED IN ANY WAY WITH THE EVENT.

LIMITATION OF LIABILITY
EMA AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR (II) LOST PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL. SUBJECT TO THE ABOVE AND THE WAIVERS OF LIABILITY SET FORTH IN THESE TERMS, THE AGGREGATE LIABILITY OF EMA AND EMA AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS TO YOU UNDER THESE TERMS OR IN RELATION TO THE EVENT WILL NOT EXCEED THE REGISTRATION FEE PAID BY YOU, AND RECEIVED BY EMA, TO ATTEND THE EVENT. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT ANY ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

Indemnification
You agree to indemnify, defend, and hold harmless EMA, and its affiliates, and their respective officers, directors, employees, contractors, representatives, agents, licensors, successors and assigns from and against any and all claims, demands, losses, damages, judgements, settlements, costs and expenses, including reasonable attorney fees, arising out of or related in any way to any breach of these terms by You, any breach of an applicable law by You, or any other liabilities incurred by EMA relating to or arising out of Your attendance, participation or access to, the Event.

Force Majeure
Where the Event or services are unavailable for any reason beyond the reasonable control of EMA, we shall have no liability (whether direct or indirect) to You. We are not liable if the Event is, in whole or in part, cancelled, rescheduled or postponed, or for any failure or delay to perform our obligations under these Terms, if such event results from anything beyond our reasonable control, including but not limited to: (a) power or server outages or electronic or communications failure; (b) update or maintenance periods; (c) acts of God, flood, drought, earthquake or other natural disaster; (d) disease, epidemic or pandemic; (e) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (f) nuclear, chemical or biological contamination or sonic boom; (g) any law or any action taken by a government or public authority; (h) collapse of buildings, fire, explosion or accident; (i) any labour or trade dispute, strikes, industrial action or lockouts; (j) non-performance by suppliers or subcontractors; (k) interruption or failure of utility service , (l) or anything else that renders performance of the Event, in whole or in part, impracticable, illegal or impossible.

Modifications to the Terms
EMA may modify these Terms at any time by posting a revised version on the Event website. The modified terms will become effective upon posting. EMA has no obligation to directly notify You of changes to these Terms. By attending the Event or accessing the Services after EMA has posted modifications to these Terms, You expressly agree to be bound by the modified terms. It is Your responsibility to check the Event website regularly for modifications to these Terms.

Entire Terms
These Terms constitute the entire agreement between EMA and You with respect to the Event, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and EMA with respect to the Event. However, there may be legal notices on other areas of this website that relate to the ordering of goods and services, all of which will, together with these Terms govern Your ordering of Services. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. No waiver by either party of any clause, breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Electronic Communications and Electronic Signatures
You agree and consent to receive electronic communications from EMA, its Sponsors and their authorized service providers in connection with the Event, which may include text messages and emails.  You agree to be bound by any affirmation, assent, or agreement You transmit through this Website or an App associated with the Event, including but not limited to any consent You give to receive communications from EMA solely through electronic transmission. You agree that when in the future You click on “I agree,” “I consent,” “I have read and accept” or other similarly worded “button”, entry field or check box with Your mouse, keystroke, or other computer device, Your agreement or consent is legally binding and enforceable and the legal equivalent of Your handwritten signature.

General
The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. Notices to You may be made via either e-mail or regular mail.

Governing Law
These Terms and all matters and disputes arising out of or relating to these Terms, whether in contract, tort, by statute or otherwise, are governed by, and construed in accordance with, the laws of the State of New Jersey, United States without giving effect to the conflict of law provisions. The parties agree to submit to the exclusive jurisdiction of the courts in Princeton, New Jersey, United States or the US District Court for the District of New Jersey.

Digital Event Content
The Event includes access to a combination of content that EMA and other third parties create through the mobile conference application and the website. In addition to the content created by third parties, some digital features of the Event will provide other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to EMA or others on or through the conference app or the Website (collectively, the "Content"). You understand that the Content is provided by EMA "AS IS" and that EMA does not guarantee the accuracy, integrity or quality of any Content. In this regard, You acknowledge that You may not rely on any of this Content, whether created by or submitted to EMA, including, Content that is posted on any bulletin board, chat, news group, community, forum or other feedback section of the Website (collectively, the "Forums"). You further understand and agree that the Website may include certain communications from EMA (such as administrative messages and email responses to registrations made by users), and that these communications are considered part of the Event and You may not be able to opt out of receiving them.

NOTE: Some of the Content is available on mobile devices. You should not use such Content in a way that distracts You and prevents You from obeying traffic or safety laws.

By checking the box below you are agreeing to the terms set in this contract.
 

AC24 Speaker/Presenter Agreement

It is our pleasure to confirm that you will participate as a Presenter in the EMA Annual Conference 2024, which will be held in-person from September 17 through 21, 2024 at the Sheraton Boston, located in Boston, Massachusetts  (the “Event”).

This document sets forth the terms of the agreement between The Enrollment Management Association, Inc. (EMA) and the presenter related to your participation as a Presenter in the Event. If you accept the terms of the agreement set forth in this document, please click “I agree.”  This Agreement is between EMA, a non profit corporation (“EMA”), and the presenter (“you”) (collectively, the “Parties”) and shall take effect upon your acceptance of this Agreement to participate as a Presenter at the Event at a designated time between September 17 through 21, 2024, EMA is entering into this Agreement with you to engage you to personally deliver a presentation at the Event in-person and to ensure that EMA has the required licenses and permissions from you to participate in the Event as a Presenter and to share the Presentation Content with Event attendees and others. The Parties, therefore, agree as follows:

At the Event, you will present a concurrent session, in-person and you will appear at the Event.
In return for the services and deliverables described above, EMA agrees to provide you with a code permitting you to purchase a discounted registration to attend the Event.  The discount will be $100.00 off of the regular Event price.  

EMA will not provide you with any compensation or remuneration for your participation in the Event.  EMA will not pay for your travel or living expenses in connection with your travel to or attendance at the Event.  You are responsible for all of your own expenses.

You are required to register for the Event as an attendee in order to participate as a Presenter.  Your participation in the Event is subject to the terms of the Attendee Agreement, the terms and conditions of which you must accept at the time you register for the Event and comply with at all times as an Attendee and a Presenter. The terms and conditions of the Attendee Agreement are hereby incorporated by reference and made part of the AC24 Presenter Agreement. 

The Parties agree that the following additional terms and conditions apply to EMA’s engagement of Presenter to make the Presentation at the Event:
Equipment and Internet Service.  EMA will provide all audio/visual equipment necessary for the Presentation, except a laptop and a Mac projector dongle. This may include an LCD projector/screen, Internet connection, and sound (if necessary). EMA will provide Internet connectivity during the Event that will be accessible to Presenter via WiFi.  EMA will provide an environment conducive to instruction and learning.  Presenter must supply or have access to a computer with a current and up-to-date web browser and all required slide presentation software as well as WiFi connectivity.

Publicity/Advertising and License Terms. Upon execution of this Agreement, Presenter grants EMA a perpetual, non-exclusive, non-transferable, non-assignable, sublicenseable, royalty–free, fully paid, worldwide right and license to use the name and likeness of Presenter in any manner or media of communication whether now existing or hereafter created in strict accordance with the terms of this Agreement for the exclusive purposes of promoting, advertising, marketing, publicizing and documenting the Event and for no other purpose.  Presenter hereby unconditionally releases any and all actions and claims that they, their parents, subsidiaries, affiliates, representatives, heirs, assigns, agents, executors or administrators may have against EMA, arising from the license described in this paragraph. Presenter’s name and likeness may not be used on any products or merchandise.

 Notwithstanding any terms to the contrary stated herein, EMA may photograph Presenter while at the Event during the Presentation, and the license provided in this paragraph shall apply to all such photographs of Presenter taken at the Event during the Presentation. Presenter further grants EMA a perpetual, non-exclusive, non-transferable, non-assignable, sublicenseable, royalty–free, fully paid, sublicensable, worldwide right and license to copy, transmit, and use the name and Likeness of Presenter as well as the Presentation Content, as defined herein, in any manner or media of communication whether now existing or hereafter created in strict accordance with the terms of this Agreement, in connection with the Event, in any media format and through any Internet-based platform or service in the future, without limitation and without requiring the payment of any additional fees, royalties or honoraria.  Presenter hereby unconditionally releases any and all actions and claims that they, their parents, subsidiaries, affiliates, representatives, heirs, assigns, agents, executors or administrators may have against EMA, arising from the license described in this paragraph.

Ownership of the Presentation Content.  Presenter shall own all right, title and interests in and to the original components of the Presentation Content, as defined herein, subject to the licenses granted to EMA under this Agreement.  Presenter may sell or issue additional non-exclusive licenses to the Presentation subject to the licenses granted to EMA under this Agreement.  EMA shall not be entitled to any income from Presenter’s sale of the Presentation or grant of other licenses to the Work not held by EMA. 

Representations and Warranties.  Presenter makes all of the following representations and warranties about all components of the Presenter’s oral presentation, visual presentation, visual presentation content, visual presentation materials, slides, PowerPoint files, graphic images, photographs, mixed media content, audio tracks, videos and all other content and materials incorporated into, made part of or used, broadcast, played or displayed in connection with the presentation to be delivered by Presenter at the Event (the “Presentation Content”): 
The Presentation Content does not violate the intellectual property rights of a third party, including copyright, trademark and trade secret rights;
The Presentation Content does not include or incorporate the content, literary work, creation, photograph, graphic image, illustration, video, audio, recording, media, choreography or artwork of a third party without the explicit written permission and license of any such third party, and Agency or Presenter has sought and obtained all required clearances, permissions and licenses before including any such licensed content in the Presentation Content and paid any required fees for any such licenses; 
The Presentation Content does not violate the privacy or publicity rights of a third party;
The Presentation Content does not include any confidential, inaccurate, false, misleading, defamatory, libelous, unlawful, scandalous, offensive or actionable statements, images or allegations.
There are no outstanding rights in the Presentation Content that would diminish, encumber, or impair the full enjoyment or exercise of the rights granted to EMA under this Agreement; and
The Presentation Content complies in all respects with all applicable international, federal, state and local laws, and regulations.

Indemnification.  Presenter shall indemnify, defend ,and hold harmless EMA and their respective directors, officers, employees, attorneys and agents (collectively, the “EMA Indemnified Parties”) from and against any and all losses, liabilities, damages, awards, and expenses (including, without limitation, reasonable attorneys’ fees) arising from or related to any claim, action, lawsuit, or proceeding brought or made by a third party, based directly or indirectly on: (a) the breach or alleged breach of any representation, warranty, or obligation hereunder by Presenter; or (b) the infringement, misappropriation, or other violation or alleged infringement, misappropriation, or other violation of any rights of any third party, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trade secrets, trademarks and or/licenses, or other intellectual property or proprietary rights of any third party, by Presenter or the Presentation Content.

Force Majeure and EMA Right to Convert Event From In-Person to Virtual. Notwithstanding any other provisions of this Agreement, in the event that the EMA event described in this agreement is prevented due to acts of God, illness or physical disability of the Presenter, acts or regulations of public authorities, labor difficulties, civil tumult, strike, epidemic, pandemic (including but not limited to any event related to or arising out of the coronavirus or Covid-19 pandemic and any related variant or virus), flood, fire, inclement weather, or any other cause beyond the control of the Parties, then the Parties agree that the condition will not exempt but will merely suspend either party from its duty to perform the obligation under this Agreement until as soon as practicable after a force majeure event or condition ceases to exist. However, if the force majeure event or condition persists such that the Parties cannot perform their obligations hereunder, then the Parties shall be released from their respective obligations hereunder, except as provided in this paragraph below.  Notwithstanding the foregoing terms, in the event of a force majeure event or condition that would otherwise cause the cancellation of the Event and enable EMA to invoke its rights under this paragraph, EMA reserves the right in its sole discretion to convert the Event from an in-person event to a virtual event to be hosted via an Internet-based platform, if possible, in which case Presenter will remain obligated to make the Presentation remotely at the virtual event. EMA is not obligated to exercise its right to convert the Event from an in-person event to a virtual event and may elect to simply invoke the force majeure clause.
Independent Contractor. The Parties agree that the relationship between them shall be that of independent contractors.  Nothing in this Agreement shall in any way be construed to categorize Presenter as an employee, agent, joint venturer, partner or representative of EMA.  

Choice of Law. This Agreement shall be governed by, and its terms construed in accordance with, the laws of the state of New Jersey applicable to contracts wholly executed and performed therein, without regard to conflict of laws or choice of law provisions.

Disputes. Any controversy or dispute relating to or arising under this Agreement shall be resolved by arbitration before a single arbitrator in accordance with the rules then existing of the American Arbitration Association. Any arbitration hereunder shall be before one arbitrator chosen by the Parties and shall take place in Princeton, New Jersey. The arbitrator’s award shall be final, and judgment upon the award rendered may be entered in any state, federal or other court having jurisdiction. The prevailing party shall be entitled to reimbursement from the other party for all costs and expenses (including reasonable legal fees) incurred by the prevailing party in connection with such controversy or dispute. The Parties may modify this dispute resolution provision by a written agreement signed by their respective representatives.

Entire Agreement. This Agreement contains the entire understanding between the Parties with respect to the subject matter contained herein and supersedes all prior Agreements or prior understandings, whether written or oral, between the Parties. Any alterations or additions to this Agreement are effective only if in writing and signed by both Parties.

By clicking “I agree” you are indicating your acceptance of the terms and conditions of the Agreement set forth in this document.