This Event Services Agreement (the “Agreement”) is entered into by and between Business Events International, LLC, 14781 Memorial Drive #2336, Houston, TX 77079 (“BEI”) and the party attending BEI’s event (“Attendee”) as made available by BEI (“Events”).
This Agreement constitutes the sole and exclusive statement of the terms and conditions hereof and supersedes any prior discussions, writings, and negotiations with respect thereto. This Agreement shall not be amended unless in writing signed by both parties. No waiver of any provision of this Agreement by BEI shall be effective unless made in writing. Any waiver made by BEI of any term or condition of this Agreement shall not be deemed or construed to be a waiver of such term or condition for the future, or any subsequent breach thereof. This Agreement shall be interpreted and enforced in accordance with the laws of the state of Texas without regard to the conflict of laws provisions of any state or jurisdiction. Any action arising out of this Agreement shall be brought in the state of federal courts located in Austin, Texas and Attendee hereby agrees to the exclusive jurisdiction of such courts.
- Event Registration. Attendee agrees that registration and attendance to Events shall be pursuant to the terms and conditions set forth herein. Registration for Events shall be in accordance with the policies and fees in effect at the time of registration.
- Conduct. Attendee shall be responsible for the behavior of its associates and representatives during events. The attendees of an event shall exhibit appropriate behavior and BEI shall have the right to expel any attendee whose behavior is deemed disruptive to the event proceedings. In the case that an attendee is verbally asked to leave the Event, BEI shall have no obligation to refund the Event fees.
- Payment. All fees shall be paid in advance. Attendee will receive no refund if Attendee cancels the Event enrollment prior to the date of the Event. Enrollments are non-cancelable. Attendee may transfer a registration to an Event to another person up to seven (7) days prior to the date of the Event.
- License Grant. During the Events, each Attendee may be given access to Event materials provided by BEI (“Event Materials”), all of which are subject to the license granted hereunder. BEI hereby grants Attendee a nonexclusive and nontransferable limited right and license to use the Event Materials as necessary in connection with the Events provided under this Agreement.
- Upon completion of each Event, Attendee may retain the Event Materials for use solely by the Event attendee. Any other use of the Event Materials is prohibited and Attendee shall not copy, reproduce, sell, license or otherwise distribute or make the Event Materials available to any other person, firm, or corporation or to provide any training to any third party. Attendee may not use the Event Materials to provide training to individuals who have not attended the applicable BEI Event. Unless specifically authorized by BEI in writing, Attendee shall not have the right to train third parties using BEI Event Materials.
- Proprietary Information. The Event Materials furnished by BEI and the oral and visual information relating thereto and provided in the Events (collectively the “Proprietary Information”) contain valuable information which is proprietary to BEI. All right, title, and interest in and to the Event Materials shall remain vested in BEI and its third party licensors at all times. Nothing in this Agreement shall be deemed to convey any ownership rights in the Event Materials to Attendee. Attendee acknowledges that BEI shall have the right to take all reasonable steps to protect its Proprietary Information, including, but not limited to injunctive relief and any other remedies as may be available at law or in equity in the event Attendee does not fulfill its obligations under this Agreement. The terms of this Section 5 shall survive termination or expiration of this Agreement
- Authorization to use photographs, audio and video. Attendee consents to the photographing and recording of voice and the use of photographs and/or recordings singularly or in conjunction with other photographs and/or recordings for advertising, publicity, commercial or other business purposes. Attendee understands that the term “photograph” as used herein encompasses both still photographs and video and motion picture footage. Attendee consents to the reproduction and/or authorization by BEI to reproduce and use said photographs and recordings of attendee’s voice, for use in all domestic and foreign markets. Further, attendee understands that others, with or without the consent of BEI may use and/or reproduce such photographs and recordings. Attendee releases BEI and any of its associated or affiliated companies, their directors, officers, agents, employees and customers, and appointed advertising agencies, their directors, officers, agents and employees from all claims of every kind on account of such use.
- Services Agreement. THE EVENTS AND EVENT MATERIALS ARE PROVIDED IN THEIR “AS IS” CONDITION AND WITHOUT WARRANTY. BEI MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE EVENTS AND EVENT MATERIALS.
- Limitation of Liability. BEI’S LIABILITY UNDER ANY CLAIM ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE CHARGES PAID BY ATTENDEE HEREUNDER FOR THE EVENTS WHICH GAVE RISE TO SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BEI SHALL NOT BE LIABLE FOR LOST PROFITS OR FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF BEI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
- Independent Contractor. BEI is an independent contractor and nothing in this Agreement shall be deemed to make BEI an agent, employee, partner or joint venturer of Attendee. BEI shall have no authority to bind, commit, or otherwise obligate Attendee in any manner whatsoever.
- Assignment. Attendee may not assign or transfer its rights under this Agreement whether by operation of law, change of control, or in any other manner, without the prior written consent of BEI.
- Severability and Reformation. If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
- Termination. This Agreement may be terminated by BEI without cause on thirty (30) days prior written notice.