Delegate Agreement: Market Partners and Sponsors
1.1 These “Terms and Conditions” set out the contract between Argus Media, Inc., a Delaware corporation, having its principal place of business at 2929 Allen Parkway, Suite 700, Houston, Texas 77019 (“Argus”) and the “Company” in the “Registration Form” submitted by you regarding the attendance by the delegates (“Delegates”) at the event(s) (each an “Event”) specified in the Registration Form. The expressions "we", "us" and "our" refer to Argus and "you" and "your" refer to the Company.
1.2 These Terms and Conditions set out the conditions of entry to, and attendance at, our Events, and must be complied with by all Delegates. Entry to our Event will constitute acceptance of these Terms and Conditions. You undertake to draw these Terms and Conditions to the attention of every Delegate, including any Delegate Substitute. You warrant and undertake that any consent provided in the Registration Form on behalf of a Delegate has been authorized by that Delegate. By attending the Event, each Delegate confirms that any consent provided on his or her behalf is authorized by that Delegate. To the extent that these Terms and Conditions conflict with any agreement in writing we have with you, that agreement in writing shall prevail.
2. Event attendance, program and materials
2.1 Subject to availability, Argus grants a revocable, non-exclusive, personal right to each of the Delegates to: (a) attend the Event; and (b) use the materials made available by us at the Event (the “Event Materials”) for the purpose of supporting their attendance at the Event.
2.2 You acknowledge and agree: (a) to comply, and procure the compliance of the Delegates, with all applicable laws, regulations and requirements (including without limitation health and safety requirements) in respect of the Event; and (b) that, without obtaining our prior written consent, no films, photograph or other recordings of all or any part of the Event (including, for the avoidance of doubt, films, photographs or other recordings of any individual speaker or any presentation made by that speaker) are permitted. We reserve the right to refuse admission/eject any Delegate without liability to/from an Event for any reason.
2.3 Argus reserves the right in its sole discretion to change the content, speakers, location, and/or timing of the Event without liability. Argus shall use reasonable endeavors to notify you of any Event changes by no later than when it notifies other Event delegates.
2.4 Argus will use reasonable endeavors to satisfy any access or dietary requirements provided you or the relevant Delegate notifies us of such requirements in reasonable advance of the Event. You acknowledge and agree that, due to the nature of the location/venue of the Events, it may not be possible for such requirements to be satisfied.
2.5 You acknowledge and agree that unless otherwise stated views expressed by speakers at the Event do not represent the views of Argus.
2.6 All Event Materials are provided to you on an "as is" basis and we give no warranties, representations or guarantees that the Event Materials are in sequence, accurate, up-to-date or complete or that use of them will meet the particular requirements of the Delegates. Use of the Event Materials is entirely at your and each Delegate’s risk.
2.7 You acknowledge and agree that, unless otherwise expressly stated, we own all intellectual property and other rights in all Event Materials. You shall not, and shall procure that the Delegates shall not, disclose, distribute or use the Event Materials other than as expressly permitted in clause 2.1.
3. Cancellations, Substitutions and Termination
If one or more Delegate is unable to attend the Event, “Delegate Substitute(s)” may attend provided that Argus receives notification in writing to the email address from which the Confirmation of Registration is issued at least 48 hours before the first day of the Event and in its sole discretion consents to such substitution.
4. Privacy, Delegate Lists and Use of Argus Apps
4.2 If a Delegate has consented for his or her business information to appear on the delegate list for the Event (“Delegate List”), he or she will be given access to the Delegate List. As between you and us, the Delegate List constitutes the confidential and proprietary information of Argus.
4.3 The Delegate List may only be used for networking purposes connected with the Event. In particular but without limitation, neither you nor a Delegate may:
4.3.1 Disclose the Delegate List to any third party, including another Delegate, another conference participant or any organization or association of which you or a Delegate may be a member; or
4.3.2 Use the Delegate List for marketing purposes or to host or promote your own event.
4.5 Argus (and any entity permitted by Argus) may take photographs and make films and other recordings at the Event and it (and in certain instances, the sponsors of a relevant Event or other entities permitted to do so by Argus) may use, incorporate, and/or publish the photographs, films or other recordings in its advertising and marketing campaigns and in any corporate communications. If a Delegate does not wish his or her image to be used in this way he or she must notify the event organizer or another member of the Argus team as soon as possible and in any event prior to the end of the Event.
5. Liability and Warranties
5.1 Argus shall not be liable to the Company, any of the Delegates, nor to any other party, for any inaccuracies, errors, omissions, defects, or delays in respect of the Event, the Event Materials, the Third Party Payment Service Providers or the Argus Apps, or for any loss or damage, howsoever caused and whether or not for breach of contract, negligence or otherwise and whether or not Argus is advised of the possibility of such loss or damage, including loss of profit, data, business, reputation or anticipated savings, and all indirect, incidental, special, punitive or consequential loss and damage arising in connection with the Event, the Event Materials, the Third Party Payment Service Providers or the Argus Apps, or otherwise in connection with this Agreement.
5.2 Nothing in this Agreement shall be construed as limiting the liability of either party for fraud or for death or personal injury caused by that party’s negligence.
5.3 You are fully responsible and liable for any loss or damage howsoever caused by you and/or the Delegates to property (including for the avoidance of doubt the Event venue) or individuals at an Event. You shall on written demand indemnify and keep Argus fully indemnified from and against any loss, damage (including statutory damages), claims, costs and expenses (including legal and other professional costs and expenses), and liabilities suffered or incurred by Argus and/or its affiliates arising out of or in connection with the attendance of you and/or the Delegates at the Event.
5.4 It is your responsibility to arrange appropriate insurance cover for travel to and attendance at the Event. You and each Delegate are responsible for safeguarding your and their own property at the Event.
6.1 Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results (or is likely to result) from events, circumstances or causes beyond its reasonable control.
6.2 If any provision of this Agreement (in whole or in part) is found by any competent authority to be unenforceable or illegal, the remainder of the provisions shall remain in force.
6.3 This Agreement is governed by the laws of the State of New York. Any dispute or claim arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to any conflict of laws principles thereof. The parties agree that the federal and state courts located in New York, New York shall have exclusive jurisdiction over any suit, action, proceedings or dispute arising out of or in connection with this Agreement.
6.4 The English language version of this Agreement prevails over all translations howsoever made available.For any questions on the terms and conditions, please contact us at: firstname.lastname@example.org