1. APPLICATION AND CONTRACT:
This Application and Contract constitutes the entire agreement between Transition Careers, LLC ("TC"), and attendee or sponsor ("Client") and obligates Client per the terms & conditions of this Contract to pay for and participate in the event selected by the client. The prices set forth in the on-line registration form represent full-priced standard list prices. The Client agrees to comply with all the terms and conditions contained herein. Client further agrees that this Contract is binding upon all parties, their respective heirs, personal representatives, successors, and/or assignees and can be amended only in writing by the parties hereto. The Client agrees that upon acceptance of this Application and Contract by TC, with or without appropriate payment, this Application and Contract shall become a legally binding contract, enforceable against the Client in accordance with its terms. By the above digital signature, the individual signing this document represents and warrants that he/she is duly authorized to execute this binding contract on behalf of the Client. The Client agrees to be bound by the information and terms on pages 1 -4 herein. TC may, in its sole discretion, assign its rights and liabilities hereunder to a successor-in-interest to TC, without the written consent of the parties hereto, provided notice of the assignment is given.
2. PAYMENT TERMS:
Full payment is required for all events unless TC has issued written approval. If Client fails to pay prior to event, the Client will not be allowed to attend and will be considered a no-show. The Client will then be liable for the entire amount of the contract. Furthermore, Client agrees to pay all fees associated with collection efforts including court costs, reasonable attorney fees and interest charges at the highest rate allowed by law. Payment methods accepted by TC are Credit Card issued by MasterCard, Visa, and American Express.
3. ALL SALES FINAL:
All sales are final. No refunds, exchanges or cancellations will be granted regardless of the reason.
4. ATTENDANCE:
TC makes no representations or warranties with respect to the demographic nature and/or volume of Clients and/or attendees at any TC event. The client agrees to comply with the payment terms contained herein regardless of actual attendance. All Clients are solely responsible for determining the suitability of each event for their purposes.
5. NO-ORAL MODIFICATION CLAUSE:
This Application and Contract may not be orally modified. Only a modification in writing, signed by an authorized representative of both parties hereto will be enforceable.
6. INDEMNIFICATION:
Client agrees that TC and the hosting organizations and their respective employees and agents are not liable for any theft, damage, or loss to or of the Client's property or for any injury that may occur to the Client, its agents, or employees. The client is responsible for workers’ compensation coverage in full compliance with laws and regulations. Client further agrees to indemnify and hold TC and the hosting organization, and their respective employees and agents harmless, from all claims, demands, judgments, settlements, costs, attorney's fees, or other expenses either directly or indirectly resulting from or in connection with Client's participation in such event. The Client assumes the entire responsibility and liability for losses, damages, and claims arising out of the Client’s activities on the hosting facility's premises. The hosting facility will not be responsible or liable for any loss, damage or claims arising out of Client's activities on the facility's premises except for any claims, loss or damages arising directly from the event site's own negligence.
7. EVENT PROMOTIONS:
Pre-event advertising and promotions are at the sole discretion of TC and the hosting organizations.
8. SALES OF PRODUCTS OR SERVICES:
Client will not take orders or sell any product or service during the event hours.
9. ENDORSEMENTS:
TC and the hosting organizations do not approve, endorse, or recommend any specific commercial product, service, or organization. Client will not represent, advertise, communicate, or imply either verbally or in writing, that its products, services, or organization are approved, endorsed, or recommended by TC or the hosting organizations.
10. GOVERNING LAW AND JURISDICTION:
This contract shall be governed by and subject to the laws of the State of Nevada and all matters whether sounding in contract or in tort relating to the validity, construction, interpretation, and enforcement of this Contract shall be determined in the appropriate Court for Clark County, Nevada, which Court shall have exclusive jurisdiction and venue. Client agrees to a personal trial and waives trial by jury.
11. DAMAGE TO PROPERTY:
Client will not paint, tape, nail, screw, staple, drill, or tack anything to the walls, columns, floor, or ceiling at the event site. Client shall be solely responsible for all damage resulting from such actions.
12. EVENT CANCELLATION:
TC and the hosting organizations, in their sole discretion, reserve the right to cancel any event at any time. All fees paid by Client will not be refunded. If any part thereof is cancelled for any reason beyond the control of TC such as, but not limited to, damage or destruction to buildings, war, riots, strikes, weather, medical, acts of government, or acts of God, then TC is not obligated to refund any fees.
13. CHANGE OF NAME, LOCATION, VENUE, AND/OR DATE(S):
TC shall have the right to change the name, location (city, state), venue(s), and/or the date(s) of the event. The client will be notified in writing of such a change.
14. INCLEMENT WEATHER:
TC will hold all event activities as scheduled during times of inclement weather unless the event site is closed. TC will not honor requests for refunds, credits, etc. for companies who choose not to participate.
15. AMENDMENTS: TC shall have full power to make or amend the rules, regulations, and/or event dates. If any portion of this Application and Contract is changed or determined to be unenforceable, all other terms and conditions remain in full force and effect.
16. FIRE DEPARTMENT REGULATIONS: Client will comply with all fire and safety regulations enforced in the location of the event.
17. TAXES:
Client shall pay (if any) all taxes, sales & use taxes, value added taxes (VAT), fees and assessments required by any applicable foreign country, federal, state, or local law in connection with Client’s participation in the event. Client agrees to reimburse TC upon receipt of an invoice in the event TC pays any of the aforementioned items on behalf of the Client either now or in the future.
18. DISTRIBUTION OF PROPERTY AND/OR SERVICES:
Client may not distribute tangible property (e.g., gifts, promotional items, samples, refreshments, printing, toys, prizes, etc.) or provide personal services with a value greater than $20 to any event attendee or participant. All aforementioned items must comply with established government ethics regulations. No raffles and/or contests may be conducted without the prior written approval of TC, which approval is in the sole discretion of TC.
19. PHOTOGRAPHY RELEASE
This Photography Release Statement ("Release Statement") outlines the terms and conditions under which the Client grants permission to Transition Careers ("Organization") to use photographs, images, or likenesses of the registrant in various media and for various purposes. This Release Statement is a legally binding agreement; please read it carefully before signing.
19.1. GRANT OF RIGHTS:
By signing this Release Statement, the Registrant grants the Organization, their affiliates, and assigns the irrevocable and unrestricted right and permission to use, reproduce, publish, distribute, and display the Registrant's name, image, likeness, and voice (collectively, the "Materials") for any lawful purpose, including but not limited to advertising, promotion, marketing, and any other commercial purposes.
19.2. RELEASE AND WAIVER:
The Registrant hereby releases and discharges TC and the hosting organizations, their agents, representatives, employees, and any third parties acting under their authority, from any and all claims, liabilities, demands, actions, causes of action, costs, and expenses whatsoever, whether at law or in equity, whether known or unknown, arising out of or in connection with the use, exploitation, or distribution of the Materials.
19.3 COMPENSATION:
The Client understands and agrees that no monetary or other compensation will be provided for the use of the Materials.
20. HARASSMENT AND PROFESSIONAL CONDUCT:
TC prohibits any form of harassment, discrimination, or misconduct during the Event. Prohibited conduct includes, but is not limited to, the following:
a. Sexual harassment, including unwelcome advances, comments, or gestures of a sexual nature.
b. Verbal harassment, derogatory remarks, or offensive language related to race, gender, sexual orientation, religion, disability, or any other protected characteristic.
c. Physical harassment, including unwanted physical contact, assault, or any form of violence.
d. Bullying or cyberbullying, including the use of electronic communication to harass, threaten, or intimidate others.
e. Stalking or invasive behavior, including unwanted following or persistent unwanted attention.
f. Any other behavior that creates an intimidating, hostile, or offensive environment for others.