Select Pass: EMA Annual Conference 2021

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EMA Member

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All-Access Bundle

In-Person registration for AC21 has now closed.

One attendee in-person September 23-25 & an unlimited number of attendees online.

In-Person Pass

In-Person registration for AC21 has now closed.

One attendee in-person September 23-25.

All-School Online Pass

An unlimited number of attendees from your school online.

Select Your In-Person Pre-Conference Workshop

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Tuesday, September 21, 2021
	Admission Directors Institute This is program is full. Additionally, in-person registration for AC21 has now closed.
	Admission Training Institute In-person registration for AC21 has now closed.
	Future Leaders In-person registration for AC21 has now closed.

Read Annual Conference Attendee Terms and Conditions

EMA 2021 Annual Conference Attendee Terms & Conditions

THE ENROLLMENT MANAGEMENT ASSOCIATION, INC., WITH ITS PRINCIPAL PLACE OF BUSINESS LOCATED AT 862 ROUTE 518, SKILLMAN, NEW JERSEY 08558, UNITED STATES (“EMA”), WELCOMES YOU TO THE EMA 2021 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 2021 ANNUAL CONFERENCE ATTENDEE TERMS & CONDITIONS. THESE EMA 2021 ANNUAL CONFERENCE ATTENDEE TERMS & CONDITIONS ARE ENTERED INTO BY AND BETWEEN EMA AND YOU (THE “PRIMARY 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 Primary Terms set forth here apply to all Event activities, including the in-person and virtual components of the Event. If You are participating in the virtual Event, then You will also be subject to the Supplemental Virtual Attendee Terms & Conditions located for all virtual Event activities. The Primary Terms along with the Supplemental Virtual Attendee Terms & Conditions, where applicable, are collectively referred to as the “Terms”.

PRIMARY TERMS

Description of Services

The Event is scheduled to take place from September 21, 2021 through September 25, 2021 at the Sheraton Grand Seattle Hotel in Seattle, Washington (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 are located at 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, 2021. You may not cancel your registration or request a refund after August 1, 2021.

You are also solely responsible for cancellation of travel and hotel reservations (including any associated cancellation charges).

EMA permits conversion of in-person Event registrations to virtual registrations; however, You are liable for the full registration fee associated with the original registration purchase made, and will not receive any refund if you convert your registration from in-person to virtual.

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, which may include, but are not limited to the following requirements:
- Wearing a face mask or covering that fully covers the mouth and nose at all times;
- Maintaining minimum physical distance between people;
- Ensuring that the number of people in any given space does not exceed a specified maximum;
- Abiding by travel restrictions;
- Self-quarantining upon potential exposure to COVD-19 or following travel from certain locations;
- Complying with quarantine orders;
- Submitting to body temperature screening;
- Submitting to COVID-19 screening and/or testing;
- Sharing evidence of vaccination for COVID-19 or disclosing the absence of a vaccination; and
- Self-reporting symptoms that could be related to COVID-19.
You will carefully review the specific COVID-19 regulations that govern the state of Washington, as set forth on the state’s website at https://www.coronavirus.wa.gov. You will check the website periodically to see if these regulations change and You will comply in all respects with the specific regulations that apply to your participation in the Event and all related activities.
You will carefully review the specific COVID-19 protocols and policies in place at the Hotel, as set forth on the Hotel’s website at https://whattoexpect.marriott.com/seasi. You will check the website periodically to see if the Hotel’s protocols and policies change, and You will comply in all respects with these specific protocols and policies.
You understand that if You refuse or fail to comply with any applicable federal, local or state law, regulation or guidance related to COVID-19 and/or any additional COVID-19-related requirements imposed by the Hotel, that the Hotel may, in its sole discretion, require you to quarantine in your room, report you to state and/or local health officials or law enforcement authorities, refuse to allow you to stay or may ask you to leave the Hotel, and that EMA may, in its sole discretion, refuse to allow you to participate in any or all events related to the Event and may ask you to leave the Hotel.

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 travel restriction or quarantine period, or been in contact with any person suspected of being exposed to COVID-19 in the prior ten (10) 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.

You understand and agree that if, at any time within ten (10) days of participating in any in-person event at the Event, You are diagnosed with COVID-19, You will immediately notify EMA in writing via email of your diagnosis, including the date of diagnosis, and You authorize EMA to notify the all other attendees of the events that You attended at the Event of your diagnosis, notwithstanding any right to privacy in your health information that may otherwise be afforded to you under federal, state or local law. You hereby release EMA from any and all claims, demands, losses, costs, expenses or potential liability that could arise from EMA’s sharing of any COVID-19 diagnosis that You may receive with other in-person participants 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 2021 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 and Virtual Event participants must abide by the Code of Conduct provided below.

Attendee Postings

Messages, statements and multi-media posts made by attendees whether in-person or via the Attendify platform 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 Attendify platform; (b) revoke Your right to use the Attendify 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 Attendify 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.

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 Attendify platform to post Content or interact with other Event attendees whether at the Event or Virtual Event. EMA enforces this Code of Conduct and expects Your cooperation to help promote a safe environment and a productive Virtual Event experience for everyone.

When messaging or communicating in person and via the Attendify platform, or otherwise engaging with the Event or Virtual Event, 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 Virtual Event;
Do not demean, discriminate, abuse, harass, or threaten any individual or group;
Do not spam Virtual Event participants;
Do not post content that is obscene or otherwise objectionable;
Do not use the Virtual 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.

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, the Virtual Event, 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 our related companies, 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 or app may contain or make available information on accommodations, transportation, and other services provided by third parties (each, a “Third Party Service”). EMA is not responsible for any issues 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 cancelled 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 fulfil the offer You have made to receive Services. As an attendee, You will be identified in the Attendee list and have access to messaging features in the Attendify 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. Event Sponsors will have access to your personal email address and related contact information that you provide to EMA at the time of registration. Further details about EMA’s policies and practices around the processing of personal data is available in our Privacy Policy located [here].

In addition to and without prejudice to the Primary Policy, EMA will collect certain information about You and use it to provide You with information and services associated with the Event and/or Virtual 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. We do not allow our third-party service providers to use Your personal data for their own purposes and only permit them to process Your personal data for specified purposes and in accordance with our instructions. Those suppliers include:

Swoogo – Virtual Event Platform

Swoogo – Registration System

Attendify – App and live streaming platform

Please note that the Website and/or Platform and all relatable platforms (Sponsor showcase/ expo/ socials) will be recorded and photographed. By agreeing to these Terms You give consent for video recordings, audio and photos of You to be used during and after the Virtual Event. This includes the release, publication, exhibition, or reproduction of such assets for promotional purposes, social media posts, website resource, PR, podcasts, On Demand, Webinars, EMA and Event Partner communications or any other purpose.

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 restrictions placed on the use 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 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, sublicenseable, 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, recording and streaming of the Event, including the the Internet-based virtual component of the Event, 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 NONINFRINGEMENT.

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, FORSEEN 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.

CLASS ACTION WAIVER

YOU HEREBY AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. BY AGREEING TO THESE TERMS, YOU HEREBY WAIVE ANY RIGHT TO LITIGATE ANY CLAIM AS A CLASS ACTION OR REPRESENTATIVE ACTION AGAINST EMA OR ITS AFFILIATES.

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 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.

Read the Sponsor Agreement

Sponsorship Agreement

Please read the below terms and conditions of your organization’s sponsorship of The Enrollment Management Association’s 2021 Annual Conference (the “2021 EMA Conference”). Organizations that sponsor the 2021 EMA Conference are referred to as a “Sponsor.”

1. Contract for Sponsorship

By signing and completing the 2021 EMA Annual Conference Sponsorship Application (the ”Application”) and paying the applicable fees for the desired sponsorship level, Sponsor is entering into a binding legal agreement with The Enrollment Management Association (“EMA”) that includes all of the terms and conditions set forth in (a) the Application, (b) the 2021 Hybrid Sponsor Prospectus (the “Prospectus”), (c) the EMA 2021 Annual Conference Attendee Terms & Conditions and the Supplemental Virtual Attendee Terms & Conditions (the “Attendee Terms”) and (d) this Sponsorship Agreement (collectively, the “Contract”). EMA and Sponsor are referred to in the Contract collectively as the “Parties” and individually as a “Party.”

2. Hybrid Event

Sponsor acknowledges that the 2021 EMA Conference is a hybrid event, meaning that it will include an in-person component at the Sheraton Grand Seattle Hotel, as well as a remote, online component hosted on the cloud-based platform Swoogo. Sponsor further acknowledges that some terms of the Contract only apply to the online event and some terms only apply to the in-person event. Sponsor acknowledges that purchase of an in-person sponsorship does not entitle Sponsor to virtual sponsorship benefits except as explicitly specified and provided in the Prospectus and purchase of an in-person sponsorship package does not entitle Sponsor to virtual sponsorship benefits except as explicitly specified and provided in the Prospectus.

3. Sponsorship Payment and No Refunds

Full payment of the sponsorship fee for the sponsorship level selected by Sponsor must be provided to EMA upon contract execution and is not refundable. EMA will not issue refunds, in whole or part, even if Sponsor does not participate in the 2021 EMA Conference.

4. Assignment of Booth Position at Live Expo

Placement of a Sponsor’s booth within the Live Expo at the in-person component of the 2021 EMA Conference is determined by EMA in its sole discretion and based on sponsorship level on a first-come, first-served basis. EMA will not consider requests to change booth positions at the Live Expo under any circumstances. No booth may be set up at the in-person conference in any location not assigned by EMA.

5. Live Expo Terms

a. Compliance with Schedule

Sponsor must provide an attendant, who will staff and manage Sponsor’s booth at the Live Expo during all times when the Live Expo is operating.

b. General Restrictions

The Enrollment Management Association reserves the right in its sole discretion, without recourse, to absolutely control or prohibit any advertising or promotional materials made available or displayed on or near a booth at the Live Expo which, in the sole opinion of EMA, is not suitable or in keeping with the character of the conference or organization.

c. Distribution of Materials

Distribution of advertising and promotional materials, digital media, audio recordings and/or videos by the Sponsor or its agents is limited to Sponsor’s assigned booth location at the Live Expo and . Such materials are not permitted to be sent without the approval of EMA. Noncompliance with this regulation will result in the prompt removal of the Sponsor from the Live Expo and/or the Expert Marketplace on the website.

6. Assignment of Expert Marketplace Placement on Website

Placement of sponsorship content on EMA websites and licensed web-based platforms for the virtual components of the 2021 EMA Conference is determined by EMA in its sole discretion and provided based on sponsorship level on a first-come, first-served basis.

7. Expert Marketplace Terms

a. General Restrictions

The Enrollment Management Association reserves the right, without recourse, to absolutely control or prohibit any Expert Marketplace location or part of any Expert Marketplace location which, in its opinion, is not suitable or in keeping with the character of the conference/organization.

b. Distribution of Materials

Distribution of materials, digital media, audio recordings and/or videos by the Sponsor or its agents is limited to the area in the Expert Marketplace. Such materials are not permitted to be sent without the approval of EMA. Noncompliance with this regulation will result in the prompt removal of the Sponsor from the Exhibitor Marketplace.

8. Registration of Sponsor Attendees

It is the responsibility of each Sponsor to register their attending representatives using EMA’s conference registration website after the sponsorship has been confirmed and the applicable fee paid by Sponsor. No Sponsor employees, representatives or agents are permitted to be on site at the in-person event unless they are registered as an Attendee.

9. Disclaimers and Limitation of Liability

EMA EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT AND ACCURACY OF INFORMATIONAL CONTENT.

EMA AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE TO SPONSOR 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 DISCLAIMERS SET FORTH IN THESE TERMS, THE AGGREGATE LIABILITY OF EMA AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS TO SPONSOR UNDER THESE TERMS OR IN RELATION TO SPONSORSHIP OF THE EVENT WILL NOT EXCEED THE SPONSORSHIP FEE PAID BY SPONSOR AND RECEIVED BY EMA. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SPONSOR AGREES THAT ANY ACTION BROUGHT PURSUANT TO THIS CONTRACT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

10. Additional Terms and Conditions

a. Sponsor Must Meet Technical Requirements

For the online component of the conference, Sponsor shall be required to supply its own computers, electronic devices, software and related applications and updates as well as a reliable power source and a high-speed Internet connection required to access the Internet- based platform utilized by EMA for the online conference and to participate in all components of the online conference as a Sponsor. EMA shall not be responsible or liable for any technical problems, delays, failures or interruptions in Sponsor’s participation in a online conference caused in whole or part by any component of Sponsor’s computers, electronic devices, software, applications, power source or Internet Connection. Sponsor shall comply with EMA’s Terms of Use and Privacy Policy, both of which are hereby incorporated by reference in their entirety into the terms of this Agreement. Sponsor must also agree to and abide by the Terms of Use and Privacy Policy of the Internet-based platform utilized by EMA for the online conference.

b. Licenses

Sponsor hereby grants EMA a perpetual, non-exclusive, non-transferable, non-assignable, sublicenseable, royalty– free, fully paid, worldwide right and license to use, display, transmit, and broadcast the names and trademarks of Sponsor in any manner or media of communication whether now existing or hereafter created for the exclusive purposes of promoting, advertising, marketing, and publicizing Sponsor’s role as a Sponsor of the 2021 EMA Conference in accordance with the sponsorship level purchase by Sponsor. Sponsor shall not have the right or license to use EMA’s name or trademarks except for the exclusive purpose of announcing and promoting Sponsor’s sponsorship of the EMA 2021 Conference. Sponsor shall not imply in any way that EMA has evaluated or endorsed Sponsor or any of its products or services.

c. Representations and Warranties

Sponsor makes all of the following representations and warranties about all components of the Sponsor’s advertising and promotional content to be used, displayed or distributed in any way at or during the in-person component of the conference or as part of the online conference through the Internet- based platform utilized by EMA to host and deliver the online conference, including all text, 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 advertising and promotional content provided, displayed and distributed by Sponsor for the 2021 EMA Conference (the “Advertising Content”):

The Advertising Content will not violate the intellectual property rights of a third party, including copyright, trademark and trade secret rights;
The Advertising 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 Speaker has sought and obtained all required clearances, permissions and licenses before including any such licensed content in the Advertising Content and paid any required fees for any such licenses;
The Advertising Content does not violate the privacy or publicity rights of a third party;
The Advertising 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 Advertising Content that would diminish, encumber, or impair the full enjoyment or exercise of the rights granted to EMA under this Agreement; and
The Advertising Content complies in all respects with all applicable international, federal, state and local laws, and regulations.

d. Indemnification

Sponsor shall indemnify and hold harmless EMA, its officers, directors, members, employees, attorneys and agents, from and against any and all claims, losses, damages, costs, attorneys’ fees and all other expenses relating or incidental to the inaccuracy or breach of any of these warranties and representations or failure to obtain any necessary clearances, permissions, or licenses from the owner(s) of any content or material of third parties included in the Advertising Content. The terms of this paragraph shall survive the cancellation or termination of this Agreement.

e. Taxes

Sponsor shall, in addition to other amounts payable under this Agreement, pay all sales, use, or other taxes levied or imposed by reason of the transactions contemplated under this Agreement.

f. Compliance with Laws

Sponsor shall comply with all applicable international, federal, state and local laws and regulations that apply to Sponsor’s participation in the 2021 EMA Conference as a Sponsor for the in-person and online components of the conference, as well as all rules imposed by the event hotel for the in-person component of the conference.

g. 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.

h. Disputes

Any controversy or dispute relating to or arising under this Agreement shall be resolved by arbitration in accordance with the rules then existing of the American Arbitration Association unless otherwise agreed in writing by the Parties. Any arbitration hereunder shall be before one arbitrator mutually agreed upon 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.

i. Entire Agreement

This Contract 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.

Read the Speaker Agreement

It is our pleasure to confirm that you will participate as a Presenter in the EMA Annual Conference 2021 (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 during the Annual Conference September 21-25, 2021. EMA is entering into this agreement to engage you to personally deliver a presentation at the Event either in-person or via a remote, Internet-based platform to be provided by EMA, in EMA’s sole discretion. The Parties, therefore, agree as follows:
At the Event, you will present a concurrent session. If the Presentation is held in-person, you will appear at the Event. If the Presentation is virtual, you will participate remotely using the Internet-based platform provided by EMA.
In return for the services and deliverables described above, EMA agrees to provide you with a code permitting you to purchase a discounted ticket for 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. 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. If the Presentation is in-person, EMA will provide all audio/visual equipment necessary for the Presentation, except a laptop, unless specifically requested by Presenter, and a Mac projector dongle. This may include an LCD projector/screen, Internet connection, and sound (if necessary). EMA will provide an environment conducive to instruction and learning. If the Presentation is Virtual, EMA will provide the Internet-based Event platform, but 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 a high-speed Internet connection for the duration of the Event.

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 taken at the Event during the Presentation.

Recording, Streaming, or Broadcasting Presenter’s Performance. Presenter grants EMA a perpetual, non-exclusive, non-transferable, non-assignable, sublicenseable, royalty–free, fully paid, worldwide right and license to use the name, Likeness and voice 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 for the exclusive purposes of streaming, broadcasting and recording Presenter’s name, voice, likeness and Presentation in any media format, and to replay, stream and rebroadcast the recorded Presentation in any media format 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), 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.

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Read Annual Conference Attendee Terms and Conditions

Read the Sponsor Agreement

Read the Speaker Agreement