RISE EVENTS CODE OF CONDUCT
ATTENDEE RELEASE AND WAIVER FOR VIRTUAL EVENT
This ATTENDEE RELEASE AND WAIVER FOR VIRTUAL EVENT (“Release”) is made by youin favor of RISE Live Health 2020, LLC (“Company”); as a condition to your participation in thelive streaming of RISE™ brand event airing on September 19, 2020 at 9am CST (“Event”); andfor good and valuable consideration, the receipt and sufficiency of which is herebyacknowledged.
1. Activities and Acknowledgment
You hereby consent to Company, it's designees, and/or its licensees photographing, filming,taping, recording, and/or interviewing you during or in connection with the Event (collectively,“Activities”). You hereby consent to Company, its designees, and/or its licensees to using allmaterials posted, shared, created, or otherwise provided by you during or in connection with theEvent, including, without limitation, any pictures, videos, posts, comments, or likes on any socialmedia or online platform (collectively, “Materials”). Your Materials must (i) be original andcreated solely by you, (ii) comply with the rules of the applicable social media platforms, (iii)comply with all applicable laws, rules, and regulations, and (iv) not include (a) the intellectualproperty of other parties, including any third-party music, photographs, artwork, trademarks,logos, or slogans, or (b) any person, or personally identifiable information about anyone, otherthan you, without consent. You acknowledge and agree that Company is the exclusive owner ofall rights, titles, and interests in and to all of your contributions to the resulting products of theActivities (e.g., audio/video recordings), the Materials, and all elements and derivatives thereof(including, without limitation, all copyrights) (collectively, “Works”) on a “work made for hire”basis; but if any part of the Works is not a “work made for hire”, then you hereby covey, assign,and otherwise fully transfer to Company any and all of your respective past, present, and futurerights, titles, interests, and privileges throughout the universe in and to that part of thecontributions to the Works. If any moral rights or termination rights cannot be assigned orotherwise transferred under applicable law, then you hereby waive all rights to enforce the samein connection with the Works; and further consent to all actions of Company and Company’ssuccessors, assigns, transferees, and licensees which would otherwise violate such rights.
2. Grant of Rights
You hereby grant Company the non-exclusive, irrevocable, unencumbered, transferable,sub-licensable, royalty-free, fully-paid, perpetual, and worldwide right, but not the obligation, touse all or any part of your name, likeness, image, voice, statements, and performances,whether in original or modified form, in connection with all or any part of the Works in any and alllanguages, for any and all commercial and non-commercial purposes, and in any and allmanners, mediums, and forms.
3. Code of Conduct
You acknowledge that you have read the “Code of Conduct for Hollis Co. Events” found at theend of this Release (“Code of Conduct”); and you accept and agree to abide by its terms andpolicies.
4. Termination; Survival
The Event may be cancelled by Company for any reason at any time and without liability. If theEvent is cancelled for any reason or this Release terminated for any reason, then the followingshall survive in perpetuity: (a) all defined terms under this Release and (b) the terms andconditions of sections 1, 2, 4, 6, 8, 9, 10, 11, 12, and 13 of this Release.
5. Ticket Purchase Agreement
You acknowledge that your ticket to the Event was purchased from The Hollis Company, LLC(“Hollis Co.”) through third-party ticket vendor Shopify, Inc. and is non-refundable, including inthe event of cancellation of the Event for any reason. All of Hollis Co.’s duties and obligations toyou under the agreement governing the purchase and terms of your ticket to the Event havebeen subsequently delegated to and assumed by Company. YOU HEREBY CONSENT ANDAGREE TO THAT DELEGATION AND ASSUMPTION OF DUTIES AND OBLIGATIONS BYCOMPANY; YOU SHALL HEREAFTER LOOK SOLELY TO COMPANY FOR THEPERFORMANCE OF THOSE DUTIES AND OBLIGATIONS; YOU SHALL HEREAFTERLOOK SOLELY TO COMPANY FOR ALL LOSSES, COSTS, EXPENSES, CLAIMS,DEMANDS, LIABILITIES, OR JUDGEMENTS WHATSOEVER ARISING FROM ANYBREACH OR CLAIM OF BREACH OF ANY OF THOSE DUTIES OR OBLIGATIONS, ORARISING FROM ANY DAMAGES, LOSSES, OR CLAIMS OF ANY KIND OR NATUREWHATSOEVER WHICH YOU HAVE OR MIGHT HAVE OR BE ENTITLED TO ASSERT, NOWOR IN THE FUTURE, ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTEDWITH YOUR RIGHTS ARISING FROM THE PURCHASE OF YOUR TICKET TO THE EVENTOR YOUR ATTENDANCE AT, PARTICIPATION IN, OR TRAVEL TO AND FROM THEEVENT.
6. No Further Compensation
You are not entitled to any further compensation, payments, or benefits (royalties, residuals,credits, accountings, audit rights, reimbursements, or otherwise) from or in connection with theActivities, any resulting products of the Activities, or any of the Works, except as expresslyprovided for under this Release.
7. General Release
IN EXCHANGE FOR THE CONSIDERATION PROVIDED IN THIS RELEASE, YOUIRREVOCABLY AND UNCONDITIONALLY RELEASE AND HOLD HARMLESS COMPANY,COMPANY’S PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVEOFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, PREDECESSORS,SUCCESSORS, ASSIGNS, TRANSFEREES, AND LICENSEES (COLLECTIVELY,“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,ACTIONS, CAUSES OF ACTIONS, JUDGMENTS, RIGHTS, FEES, DAMAGES, DEBTS,OBLIGATIONS, LIABILITIES, AND EXPENSES OF ANY KIND WHATSOEVER, WHETHERKNOWN OR UNKNOWN, THAT YOU HAVE OR MAY HAVE AGAINST ALL OR ANY OF THERELEASED PARTIES ARISING OUT OF, OR IN ANY WAY CONNECTED OR RELATED TOTHIS RELEASE OR THE SUBJECT MATTER COVERED BY THIS RELEASE.
a. Binding Arbitration; Waiver. You hereby irrevocably submit all disputes, controversies, andclaims arising from or concerning this Release (including any exhibits, schedules, andappendices attached to or incorporated into this Release), the transactions contemplatedhereby, or the parties’ relationship (collectively, the “Dispute(s)”) to binding arbitrationadministered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor(“JAMS”) for the resolution thereof, and such arbitration shall be the sole and exclusive methodfor resolving each and all Disputes. The arbitration shall be binding, final and confidential. YOUACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURYAND THE RIGHT TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTEDCLASS ACTION PROCEEDING.
b. Arbitration Rules. The arbitration shall be conducted before a single arbitrator under thethen-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), assupplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if andwhere the JAMS Rules are silent. If there is any conflict between a provision of the JAMS Rules,the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Release, then theconflicting provision of this Release shall govern and control over the JAMS Rules, the FederalRules of Civil Procedure and the Federal Rules of Evidence; and the JAMS Rules shall governand control over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. Theconstruction, interpretation, and enforcement of this section 8 is governed by the FederalArbitration Act, 9 U.S.C. §§ 1 et seq.
c. Arbitration Process, Location, and Procedures. The party initiating the arbitrationproceeding shall serve a written notice of arbitration on the other party in accordance with theJAMS Rules. The arbitration shall be held in Austin, Texas, United States of America; but if theJAMS Rules do not allow the arbitration to be held in Austin, Texas, United States of America,then the arbitration shall be held in the nearest geographic location thereto where JAMS islocated (e.g., Dallas, Texas, United States of America). The arbitration shall be conducted in theEnglish language. The arbitrator shall be selected in accordance with the JAMS Rules, unlessotherwise agreed to by the parties to the arbitration. All issues or questions concerning eitherthe scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred toand finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not varyor ignore, the terms and conditions of this Release and shall be bound by applicable law.
d. Arbitration Decisions and Awards. The arbitrator shall render a written final decision on thesubject Dispute as soon as practicable and in any event not more than forty-five (45) days afterthe close of evidence and briefing. The arbitrator’s decision shall be written, shall be inaccordance with applicable law, and shall be supported by written findings of fact andconclusions of law setting forth the basis for the decision. The arbitrator shall have no authorityto award punitive, exemplary, consequential damages, or other special damages, unless suchan award is authorized by this Release or applicable law. The arbitrator shall have the authorityto award attorneys’ fees, costs, and expenses if such an award is permitted under this Releaseor applicable law. Subject to any rights of appeal under this Release or applicable law, the finaldecision of the arbitrator shall be binding and conclusive on all of the Parties who have beenserved with proper written notice of the arbitration proceeding as required by this section 8.Judgment on any award rendered by the arbitrator may be confirmed in any state or federalcourt having jurisdiction thereof that is located in the State of Texas, and may be entered in andenforced by any domestic, foreign, or international court having appropriate subject matterjurisdiction. Any decision, judgment, ruling, finding, award or other determination of the arbitratorand any information disclosed in the course of any arbitration hereunder shall be keptconfidential by the parties, and any court order to enforce the decision, judgment, ruling, finding,award or other determination of the arbitrator shall be filed under seal.
e. Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’s fees,costs, and expenses and all other fees, costs, and expenses charged by JAMS and/or thearbitrator to administer or conduct the arbitration shall be shared equally among all parties to thearbitration; provided, however, that the prevailing party of the arbitration may recover an awardof its share of such fees, costs, and expenses if such an award is permitted under this Releaseor applicable law.
f. Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whether bydecision of an arbitrator with binding authority or otherwise according to this Release orapplicable law), you hereby irrevocably submit to the exclusive personal jurisdiction and venueof the state and federal courts located in Travis County, Texas for the litigation of any and alldisputes, controversies, and claims arising from or concerning this Release, and agree that it isnot an inconvenient venue or forum.
9. Limitation of Liability
IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF ORRELATED TO THIS RELEASE, WHETHER ARISING OUT OF OR RELATED TO BREACHOF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THETOTAL COST OF YOUR TICKET FOR THE EVENT.
10. Successors and Assigns
Company may assign its rights or delegate its obligations, in whole or in part, without yourconsent or prior written notice to you, to (a) one or more of its subsidiaries/affiliates, or (b) anentity that acquires all or substantially all of the business or assets of Company to which thisAgreement pertains, whether by merger, reorganization, acquisition, sale, or otherwise. Forpurposes of this provision, “affiliate” means an entity which is subject to common control ofCompany. You may not assign your rights or delegate your obligations, in whole or in part, tothis Agreement without the prior written consent of Company. Any purported assignment by youin violation of this section 10 shall be null and void.
11. Governing Law
This Release is governed by the laws of the State of Texas and the applicable federal laws ofthe United States of America, regardless of its place of execution, its place of performance, andany conflicts of law analysis. For the avoidance of any doubt, the United Nations Convention onContracts for the International Sale of Goods shall have no application whatsoever.
12. Force Majeure
Company will not be liable or deemed in default for any delay, failure or interruption inperformance under this Release resulting directly or indirectly, beyond its reasonable control,from any acts of God, civil or military authority, acts of the public enemy, war, acts of terrorism,riots, civil disturbances, labor strikes, insurrections, accidents, fires, explosions, earthquakes,floods, the elements, any government order or law, disease, epidemics, pandemics, or anyother “force majeure” event. For the avoidance of doubt, the occurrence of such events shall notexcuse you from completing payment of your ticket to the Event.
You represent and warrant that you have read, understand, and voluntarily enter into thisRelease; and that there is no obligation, disability, agreement, or adverse claim that restrictsany rights, titles, or interests granted or conveyed by you herein. If a court or arbitrator, asapplicable, with binding authority invalidates any term or condition of this Release, then theremainder will not be affected, and that court or arbitrator, as applicable, will reform theinvalidated term or condition to the maximum extent possible consistent with the intent of thisRelease and applicable law. This Release sets forth the entire agreement and understandingbetween you and Company relative to the subject matter hereof; and shall inure to the benefit ofand be binding on you, Company, and each’s respective successors, assignees, andtransferees.
When you attend or participate in a conference, workshop, social function, or other eventorganized and presented by The Hollis Company, LLC or one of its affiliates or subsidiaries(“Event(s)”), you are joining a community of people who are asked to encourage, push, and lifteach other up, despite their individual differences. We ask you to celebrate and respect oneanother for those differences because each person brings something valuable to thecommunity, and we are stronger for it! We believe that in doing this, we will each become abetter version of ourselves and be more empathetic towards one another. Accordingly, it isimportant that you please read and comply with the terms and policies set forth in this Code ofConduct.
When you attend an Event, you should:
● Create positive and meaningful relationships with other Event attendees and participants.
● Get inspired, supported, and enveloped in a community.
● Reconnect with your dreams and set new goals.
You shall NOT engage in any of the following activities in relation to any Events:
● Advertise, promote, solicit, or sell any products, services, causes, activities, or events (1) atthe Event, (2) on any of the Event’s websites or social media pages, (3) on any websites orsocial media pages of The Hollis Company, LLC, its affiliates, or its subsidiaries, or (4) in anymanner that may give the impression that those products, services, causes, activities, or eventsare affiliated, connected, or associated with or sponsored, approved, or endorsed by The HollisCompany, LLC, its affiliates, or its subsidiaries.
● Infringe, disparage, or otherwise violate any copyright, trademark, or other intellectual propertyrights of any person or entity, including The Hollis Company, its affiliates, or its subsidiaries, orother Event attendees or participants.
● Disrespect the boundaries of another person.
● Invade the privacy of another person.
● Exhibit behavior that The Hollis Company, LLC or any of its affiliates or subsidiaries believesis disruptive, violent, threatening, abusive, indecent, obscene, a nuisance, or illegal.
● Exhibit behavior that discriminates against or disparages any individual, group, or class ofpeople based on race, nationality, religion, gender, gender identification, sexual orientation,disability, or age.
● Engage in sexual harassment of any kind, including unwelcome sexual attention ordiscussions, and inappropriate physical contact.
● Engage in illicit drug use or the excessive drinking of alcoholic beverages.
● Engage in any other conduct that The Hollis Company, LLC or any of its affiliates orsubsidiaries believes may (1) restrict or inhibit another person’s enjoyment of the Event; (2)pose a safety risk to or violate the legal rights of The Hollis Company, LLC, its affiliates, or itssubsidiaries; or (3) pose a safety risk to or violate the legal rights of any Event attendee orparticipant.
Non-Sanctioned Events and Activities
We often receive requests from Event attendees and participants and others to approve,sponsor, endorse, or sanction their own events or activities. While we appreciate theenthusiasm and support, it is the policy of The Hollis Company, its affiliates, and its subsidiariesto deny those requests for reasons ranging from the protection of intellectual property rights, toavoiding confusion, to concerns about safety and liability outside of our control.
Accordingly, the use of any name, trademark, or logo of The Hollis Company or any of itsaffiliates or subsidiaries, or any confusingly similar variations thereof, in relation to theadvertising, promotion, organization, operation, production, or conducting of any events oractivities which are not approved or sanctioned by The Hollis Company or one of its affiliates orsubsidiaries, respectively and as applicable, is strictly prohibited.
If you violate this Code of Conduct with respect to any particular Event, then the organizer ofthat Event (i.e., The Hollis Company, LLC or one of its affiliates or subsidiaries, respectively)has the right, but not the obligation, to take any action it believes is appropriate to address theviolation and to help avoid or deter future violations; and to inform the organizer(s) of any otherEvents about your violation; and the organizer(s) of those other Events shall have the right, butnot the obligation, to take any additional action it believes is appropriate to address yourviolation and to help avoid or deter future violations. This may include, without limitation, barringyou from attending or ejecting you from that Event or any other Event(s) without refund.
Please direct any questions you have about this Code of Conduct to email@example.com with a subject line of “Code of Conduct Question”.
We reserve the right to modify this Code of Conduct from time-to-time. This Code of Conductwas last modified on August 11, 2020