At TheHomeMag Exchange Events (“THM”), we enjoy a positive relationship with our attendees. Because we receive a high volume of attendance from various buyers, suppliers, members, sponsors and media, we ask for their cooperation with the following policies and guidelines. Further, before you can participate in certain of our activities, we require you to execute a waiver of liability as set forth in this Agreement and/or as may be separately required. All of this will ensure that our attendees, as well as our sponsors and partners, enjoy the best experience possible. By registering for and/or attending the Event, and by executing this Agreement, you are acknowledging that you agree to the following terms, which constitutes an agreement between you and THM. THIS AGREEMENT IS BINDING UPON ALL REGISTRANTS AND ATTENDEES, INCLUDING, BUT NOT LIMITED TO, THEIR AGENTS, EMPLOYEES AND REPRESENTATIVES WHO MAY ATTEND A THM EVENT.
THM EVENT POLICIES AND GUIDELINES
THM reserves the right to deny, refuse or revoke admission during pre-registration, as well as on-site.
EVENT CODE OF CONDUCT
THM is dedicated to creating a safe, welcoming and positive environment for all Exchange Event attendees, and we appreciate your assistance in achieving these goals. You agree to treat other event attendees and participants with respect and kindness at all times. In particular, you agree not to harass any Exchange Event attendees, including but not limited to taking any of the following actions:
CONSEQUENCES OF UNACCEPTABLE BEHAVIOR
THM reserves the right to expel anyone from the event who participates in behavior that THM, in its sole discretion, deems harassing, unsafe or otherwise inappropriate. You agree that THM will have no liability in connection with such an expulsion, and there will be no refund or compensation of any kind associated therewith.
WHAT TO DO IF YOU WITNESS OR ARE SUBJECTED TO UNACCEPTABLE BEHAVIOR
If you are being harassed, notice that someone else is being harassed, or have any other concerns, please contact a THM organizer immediately. THM organizers will be happy to help attendees contact local law enforcement, provide escorts, or otherwise assist those experiencing harassment to feel safe and welcome during THM events.
PERSONAL SAFETY AND SECURITY
Please know that the health, safety and well-being of all our attendees is our first priority. THM works diligently to provide a safe and secure environment at its meetings and events by working with venue staff to make sure attendees are safe. We ask that all attendees report any questionable or concerning activity to THM staff so that they can take immediate action. No concern is too small, if you see something, say something. If it is an emergency or if you need immediate assistance, you should ask any THM staff member or the on-site security personnel to help you. Bags may be checked randomly. No bags or property should be left unattended at any time. Unattended property may be removed. Items prohibited at THM events include: firearms, knives, blades, other weapons, explosives and hazardous materials or items.
ON-SITE BADGES
THM may mail your attendee badge, if not, badges are to be picked up at the event check-in areas during the Event Dates. You may be required to show a government issued picture ID or confirm identity during the check-in process. Badges may contain RFID/NFC tags, which may be used to record your participation in THM events and sessions. Badges must be worn and visible at all times while at any THM event venue, entertainment or activities. Your event badge may not be shared or exchanged with any other person. Violators’ badges may be confiscated, and their participation in THM events may be terminated, without refund.
CANCELLATION
The THM program schedule is subject to change at any time without prior notice. We reserve the right, in our sole discretion, to cancel any event or the Event as a whole, at any time for any reason and without prior notice. THM cannot guarantee the attendance of any sponsor, buyer, exhibitor, speaker or entertainer or that any scheduled event will take place. In the event we cancel our event, each person will be given a refund of the fees paid by such person to THM for the event(s) cancelled by THM. Accordingly, THM shall in no event have any liability to you and shall have no other obligation to you of any type except as expressly stated above. Such right of termination shall not be unreasonably exercised. THM is not responsible for errors or omissions on the website or promotional materials. Cancelling your THM event registration will not automatically cancel your hotel reservations. It is your responsibility to cancel any hotel and all related travel plans. THM will not be responsible for any travel plans not cancelled by you including, but not limited to hotel reservations. Any refunds issued (less fees, if any) will be processed and issued 30 days after the initial event end date.
DISCLAIMER
THM may, from time to time, contract third-party professional photographers, videographers, and other service providers to be present at THM events (“Approved Third-Parties”). Therefore, please note that any photographs, videos and audio recordings taken at a THM event by THM or by Approved Third-Parties may be used in future THM publications, online or in other THM promotional materials or may be used by the Approved Third-Parties. Attendance or participation in the THM event constitutes your consent to THM’s and the Approved Third-Parties’ use and publication of your image and/or voice in photographs, videotapes, audiotapes or other electronic media pertaining to THM’s events and activities.
As a registered attendee of an THM event, you acknowledge, agree, and consent that (i) your company name, company branding, address, phone numbers, e-mail, and website addresses, and names and number of attending personnel will be treated as public domain information and may be available on the THM Exchange Events Website and/or other THM Exchange Events platforms and materials provided to Event attendees (ii) your basic information of name, address, company, phone and email address will be encoded on your event badge, (iii) THM may share, sell or rent limited personal information to exhibitors or sponsors that offer products and services related to the building industry, and (iv) THM may also share relevant information with trusted third-party service providers to perform duties such as statistical analysis, packaging and arrange for deliveries. THM may also access and/or disclose the information if we believe such action is necessary to (a) comply with the law or legal process served on THM, (b) protect and defend the rights or property of THM (including the enforcement of our agreements), or (c) act in urgent circumstances to protect the personal safety of other attendees, THM employees or contingent staff, users of THM services, or members of the public.
Your participation in and attendance at a THM event is completely voluntary. THM does not guarantee admittance to any specific event, session, entertainment, sponsored event or keynote and reserves the right to refuse admittance to any session, keynote or event to any attendee, at its sole discretion. THM may broadcast certain sessions into overflow rooms to accommodate the access of all attendees. Unless specified otherwise, all events, entertainment, sponsored events, keynotes and sessions are seated on a first-come first-served basis. You accept and assume all risks of any and all personal injury or damage to you and your personal property that you may face while attending a THM event, or using affiliated services, and waive any claims against THM, its industry partners, and affiliates, and each of their respective employees, volunteers, agents, representatives, and program participants and their guests and/or traveling companions relating to such risks.
THM may also contact you to conduct research about your opinion of current services or of potential new services and updates that may be offered. THM may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (email, name, address, telephone number) is not transferred to the third party.
FOOD ALLERGIES (FOR ALL ATTENDEES)
We may, from time to time, provide food at our events. In that case, we will work closely with the facilities to create menus that can be enjoyed by all attendees. We will make every effort to accommodate food allergies/restrictions including vegetarian, gluten, nut and seafood allergies. If you have a dietary need, please contact THM at [email protected]. This must be done in writing at least 45 days prior to the event. If you do not make your dietary needs known to THM, we cannot guarantee that we can accommodate you. Please note, onsite orders cannot be accommodated.
PURSUANT TO THE AMERICANS WITH DISABILITIES ACT
If you have a disability that may impact your participation at a THM event, please send an email to [email protected] briefly describing your needs. Please Note: THM cannot assure availability of appropriate accommodations without prior notification at least 45 days prior to the start of the event.
DAMAGES
You acknowledge that no amount of money, or other remedy available at law, would adequately compensate THM for damages, which the parties agree THM would suffer as a result of your violation of the above terms. In the event of a violation, THM reserves the right to immediately terminate your attendance privileges and your rights to attend current and future THM events. Further, the parties acknowledge that THM is entitled to obtain, upon application to a court of competent jurisdiction and without the need to prove actual damages to THM or to post bond, a preliminary restraining order and such other temporary or permanent injunctive relief as may be appropriate, to enforce against you the above terms, which injunctive relief shall be in addition to any other rights or remedies available to THM.
GOVERNING LAW; VENUE
These Terms and any disputes arising out of or related hereto, shall be governed exclusively by the internal laws of the State of Florida and controlling United States federal law, without regard to their conflicts of laws rules. The state and federal courts located in Lee County, Florida shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts.
FORCE MAJEURE
THM shall have no liability whatsoever if an THM event is delayed, changed, or cancelled at any time due to strikes, lockouts, accidents, fires, floods, severe weather, acts of God, healthcare crises, epidemics and pandemics as a result of viral or bacterial illnesses, forced shut-downs, emergencies, war, riots, terrorist attacks, any actions constituting a “force majeure,” or any other causes or delays beyond THM’s reasonable control, whether similar to or different from the causes above enumerated.
WAIVER OF LIABILITY RELATING TO EVENT AND PARTICIPATION IN CERTAIN ACTIVITIES
You expressly assume all risks associated with, resulting from or arising in connection with participating at the Event including, without limitation, all risks of theft, loss, harm, damage or injury to the person (including death), property, business or profits, whether caused by negligence, intentional act, accident, act of God or otherwise.
In connection with your participation in the Event, you may choose to participate in one or more of the following activities (the “Covered Activities”): Any activity occurring in connection with the Event, whether occurring during, prior or after official Event hours. The Covered Activities may or may not be organized, managed, or monitored by THM. From time to time, third parties organize some Covered Activities on THM’s behalf. This Agreement and the waiver contained in this section (the “Waiver”) applies to all of the Covered Activities, whether or not provided, organized, managed, or monitored by THM, and you agree that you will not be permitted to participate in any of the Covered Activities unless you agree to the terms of this Agreement and this Waiver.
A. You understand that your participation in any Covered Activity is potentially hazardous and dangerous. You understand that the risks of injury and illness, including without limitation communicable diseases such as MRSA, influenza, and COVID-19, to you may be significant and may include the potential for permanent disability and death. You understand that, while particular rules, equipment, and personal discipline may reduce such risks, the risks of serious injury, illness, and death do exist. You are voluntarily choosing to participate in the Covered Activity and will agree to use all appropriate equipment, tools, materials, and substances properly knowing the dangers involved. You hereby agree to follow any and all instruction given by the moderators, instructors, staff, and organizers of the Covered Activity as it relates to safety of the activities and the equipment, tools, materials, and substances being used. You will also abide by all applicable governmental laws, ordinances, orders, directions, rules and regulations, as well as all rules and regulations that are adopted for each Covered Activity. You acknowledge that THM reserves the right to exclude or eject any and all unruly, rowdy, or disruptive participant from the Covered Activities and that you shall be fully responsible for any damages or expenses, direct or indirect, incurred as a result of your disruptive behavior and/or ejection. You understand that THM may require you to execute a separate waiver of liability relating to your participation in a Covered Activity, and that such waiver shall be in addition to, and not in limitation of, the Waiver contained in this Agreement.
B. TO THE FULLEST EXTENT ALLOWABLE BY LAW, IN CONSIDERATION OF YOUR PARTICIPATION IN ANY COVERED ACTIVITIES, YOU HEREBY RELEASE, DISCHARGE, HOLD HARMLESS, AND AGREE TO INDEMNIFY THM AND ITS MEMBERS, EXHIBITORS, VISITORS, ATTENDEES, PARTICIPANTS, BUSINESS PARTNERS, SPONSORS, AGENTS, CONTRACTORS, EMPLOYEES, VOLUNTEERS, LESSORS, INSURERS, AND ALL OTHER PERSONS OR ENTITIES ACTING IN ANY CAPACITY WITH THM OR ON THM’S BEHALF, AND ALL AFFILIATES OF SUCH PERSONS OR ENTITIES (COLLECTIVELY WITH THM, THE “Releasees”), ON BEHALF OF YOURSELF, YOUR SUCCESSORS, CHILDREN, PARENTS, GUARDIANS, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, AND ESTATE (COLLECTIVELY, THE “Releasors”) FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS, LIABILITIES, AND CAUSES OF ACTION OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, WHETHER OR NOT ARISING OUT OF ACTS OR OMISSIONS OF PASSIVE OR ACTIVE NEGLIGENCE OR ANY OTHER ACTION OR INACTION ON THE PART OF THE RELEASEES (COLLECTIVELY, THE “Released Liabilities”), RELATED TO YOUR (1) PARTICIPATION IN THE COVERED ACTIVITIES; (2) PRESENCE AT ANY FACILITY OWNED, OPERATED, OR USED IN CONNECTION WITH THE COVERED ACTIVITIES; AND (3) USE OF ANY EQUIPMENT, TOOLS, MATERIALS, AND SUBSTANCES THAT MAY BE MADE AVAILABLE IN CONNECTION WITH THE COVERED ACTIVITIES OR THAT MAY BE LOCATED AT ANY FACILITY USED IN CONNECTION WITH THE COVERED ACTIVITIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU, FOR YOURSELF AND THE RELEASORS, HEREBY EXPRESSLY, KNOWINGLY, AND FREELY ASSUME AND ACCEPT ANY AND ALL KNOWN AND UNKNOWN RISKS OF INJURY, ILLNESS, OR DEATH, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE RELEASEES, THAT MAY ARISE FROM OR OTHERWISE RELATE TO YOUR PARTICIPATION IN ANY COVERED ACTIVITY.
C. Without limitation of the generality of the foregoing, you agree that the Releasees shall not be held liable or responsible in any way should you be injured while you are present on, participate in any activities at, or use any equipment, tools, materials, and substances that may be made available or are located at, any facility owned, operated, or used in connection with the Covered Activities. Further, without limitation of the foregoing, you agree that if you purchase goods or participate in any activities provided by third parties (such as, for example, consuming food, drinks, or alcohol), that the Releasees will have no liability or responsibility whatsoever in connection with you choosing to do so.
D. You understand that no medical insurance benefits have been or will be provided to you in connection with your participation in any Covered Activity. You acknowledge that you will have to pay for any and all medical attention required for any injury you may suffer. You consent to emergency medical care and transportation and to obtain medical treatment as professionals may deem appropriate. This Agreement extends to any liability arising out of or in any way connected with medical treatment and transportation provided in the event of an emergency.
E. You hereby represent and warrant that you are physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent or hinder your participation in any of the Covered Activities. You acknowledge that it has been recommended that you have an annual physical exam and consultation with your physician if deemed necessary by your physician to assess your ability to participate in the Covered Activities. You acknowledge that you have had a physical exam and have been given permission to participate or that you have decided to participate in the applicable Covered Activities without the approval of your physician. You assert that you understand the risks of the Covered Activities and that you will adhere to any and all rules and regulations relating to the Covered Activities.
F. You agree and acknowledge that the Releasees have made no representation or warranties with respect to the condition, use or maintenance of any equipment, tools, materials, and substances or any facility owned, operated or used in connection with the Covered Activities or any results associated with any Covered Activities, or any other matter or thing relating to the Covered Activities. Your participation in the Covered Activities is completely voluntary and solely at your own risk.
WAIVER OF CONSEQUENTIAL DAMAGES.
YOU AGREE AND ACKNOWLEDGE THAT THM (INCLUDING ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, AFFILIATES, LEGAL REPRESENTATIVES AND ASSIGNS) ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY INJURY, LOSS, CLAIM, COST, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN THE EVENT, ANY COVERED ACTIVITY, OR ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY THEREFROM, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
INDEMNIFICATION.
You agree to indemnify, defend and save and hold THM and its respective owners, officers, agents and employees harmless from and against any and all liability or expenses, demands, claims, losses, causes of action, liens, judgments or damages of any kind or nature whatsoever including attorney’s fees and costs, regardless of whether litigation has been filed, up to and including appellate proceedings, which THM may sustain arising from the your attendance at the Event. You shall also pay all costs, expenses and reasonable attorney’s fees that may be incurred or paid by THM in enforcing the covenants and agreements in this Agreement. You waive any claims against THM for any damages sustained as a result of acts of God including, but not limited to, pandemics, epidemics, government shut-downs, lightning, hail, rain, wind, fire, hurricanes and tornadoes and other natural disasters and events beyond the control of THM. The provisions of this paragraph shall survive the execution, delivery and performance of this Agreement.
PREVAILING PARTY; WAIVER OF JURY TRIAL.
You agree that should any party sue for a breach of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs associated with the breach. YOU FURTHER AGREE THAT SHOULD ANY LEGAL ACTIONS BE FILED, ONE AGAINST THE OTHER, AT ANY TIME IN THE FUTURE, EACH PARTY HERETO AGREES TO WAIVE TRIAL BY JURY.
MISCELLANEOUS.
You understand that this Agreement is a contract and you are entering into it and providing the releases of liability contained herein knowingly and voluntarily and without any coercion. You also acknowledge that you have had a reasonable period of time within which to consider this Agreement and the release contained herein prior to signing it. You understand that Releasees are relying upon this Agreement in permitting you to participate in the Event and the Covered Activities and that this Agreement shall remain in full force and effect forever. You understand that this Agreement constitutes and contains the entire agreement between you and THM concerning the subject matter of this Agreement and supersedes all prior negotiations, agreements, or understandings between us concerning any of the provisions of this Agreement. If any portion of this Agreement is found to be unenforceable, THM and you desire that all other portions that can be separated from it, or appropriately limited in scope, shall remain fully valid and enforceable.
BY PROVIDING US WITH YOUR SIGNATURE, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT. YOU FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT. YOU UNDERSTAND THAT YOU AND THE RELEASORS HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE AGREED TO BE BOUND BY THIS AGREEMENT FREELY AND VOLUNTARILY.
For any questions related to these guidelines, please contact us at [email protected] or (239) 549-6960.