Mountain House Events Participation Agreement
This Participation Agreement (“Agreement”) is by and between Mount House Events, LLC (“MHE” or “We”) and the person who either (i) signs this Agreement or clicks the accept box of the form of this Agreement on the MHE website (“You” or “Participant”), each a (“Party” and together the “Parties), and is effective as of the last party’s acceptance (“Effective Date”)
MHE offers a specialized event (the “Identity Salon™ “, or “Event”) by invitation for industry members in which to freely discuss certain curated topics in the area of identity. By accepting this Agreement You and MHE agree as follows:
1. Adherence to the Chatham House Rule/Confidential Information
1.1.
Chatham House Rule (the “Rule”). The Identity Salon operates under the Chatham House Rule, which reads “When a meeting, or part thereof, is held under the Chatham House Rule, participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed.”
1.2.
Confidential Information. with respect to the Event, in addition to participant’s identity and affiliation, which shall be treated as confidential information, as a Participant, You may have access to certain reports generated by MHE, or participants/speakers may voluntarily share information with You at the Event (the “Event Materials”). All such Event Materials are Confidential Information of the author and may not be used without prior written authorization, except as provided herein.
2. Intellectual Property
2.1.
MHE and the Event participants retain ownership of their Event Materials. As a Participant, you are granted a limited, non-exclusive, license to use the Event Materials provided to You for your internal use purposes.
2.2.
The author, or their licensor, reserves all other rights, and no rights are granted to excerpt, copy, publish, create derivative works of or display the Event Materials. No rights of any kind are granted in the Event Materials for commercial use.
3. Privacy and Data Usage.
Your personal data, including contact details and event preferences, will be collected and used for the purposes of event management, communication, and networking. Data will be shared with third parties only as outlined in our Privacy Notice. You have the right to access, correct, or request deletion of your data as described in our Privacy Notice, which is available here: https://theidentitysalon.com/privacy/ .
4. Restrictions
In addition to adhering to the Chatham House Rule, You acknowledge and agree to the following limitations:
4.1. No Mailing List Access:
You will not receive a mailing list of participants.
4.2. Code of Conduct.
You agree that You will conduct yourself in a professional and respectful manner during the Event. Discriminatory or harassing behavior will not be tolerated and may result in the termination of your participation without a refund.
4.3. Health and Safety (If Applicable).
You agree to comply with any health and safety guidelines set by Mountain House Events, or the venue in which the event is held, including but not limited to vaccination requirements, mask mandates, or social distancing measures. Failure to comply may result in removal from the event without a refund.
4.4. Photography and Recording Consent.
4.4.1.
To maintain the confidentiality and integrity of the Identity Salon, no recording or photography of participants is allowed during the event. This includes video, audio, and still images. Participants are strictly prohibited from recording or photographing any part of the event, including presentations and discussions, unless explicit permission is granted by MHE or the speaker/participant.
4.4.2.
Unless given express permission, MHE will also refrain from recording or photographing attendees to ensure compliance with the Chatham House Rule.
4.4.3.
Any violation of this policy may result in your removal from the event without a refund and potential further actions to protect the confidentiality of participants.
5. Accessibility and Special Accommodations.
MHE is committed to providing an inclusive environment. If You require special accommodations, including dietary accommodations, or accessibility services, please contact us at [email protected] at least 10 days before the event.
6. WARRANTY
6.1. MHE WARRANTY.
MHE REPRESENTS THAT IT HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT. MHE MAKES NO WARRANTY EXPRESS OR IMPLIED REGARDING THE EVENT, EXCEPT THAT MHE HAS THE SKILL AND RESOURCES TO FACILITATE THE EVENT. ANY INFORMATION PROVIDED TO YOU AS PART OF THIS EVENT IS PROVIDED AS IS WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING THAT THE INFORMATION IS ERROR FREE.
6.2. YOU WARRANT.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT. YOU WARRANT THAT ANY EVENT MATERIALS YOU PROVIDE FOR USE AT OR RELATED TO THE EVENT ARE ORIGINAL (OR AUTHORIZED BY LICENSE) MATERIALS OF THE YOURS AND MAY BE FREELY DISTRIBUTED TO THE EVENT PARTICIPANTS.
7. LIABILITY
MHE IS NOT LIABLE FOR ANY LOSS, INJURY, OR DAMAGE RESULTING FROM YOUR PARTICIPATION IN THE EVENT, EXCEPT WHERE SUCH LIABILITY IS REQUIRED BY LAW.
8. LIMITATION OF LIABILITY.
EXCEPT FOR YOUR BREACH OF THE CHATHAM HOUSE RULE OR THE CONFIDENTIAL INFORMATION PROVISION (§1.2), IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSSES, DAMAGES OR CLAIMS ARISING OUT OF THE EVENT IN EXCESS OF THE PARTICIPANT FEE.
9. INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MHE FROM ANY CLAIMS, DAMAGES, LIABILITIES, LOSES, OR EXPENSES ARISING FROM YOUR PARTICIPATION IN THE EVENT.
10. Termination
10.1.
This Agreement shall terminate upon the earlier of the conclusion of the Event or satisfaction of any deliverables from MHE to You as defined in the Event program.
10.2.
This Agreement may be terminated immediately and without prior notice by MHE if You (i) breach the Chatham House Rule; (ii) disclose participant or MHE confidential information without authorization; or (iii) engage in behavior that in MHE’s sole reasonable determination may negatively impact the Event or MHE’s reputation.
10.3
Effect of termination. Upon termination of this Agreement, your rights regarding the Event are terminated. No refund shall be due to You.
11. Force Majeure
Neither Party shall be held liable for any failure to perform its obligations under this agreement if such failure is caused by events beyond its reasonable control, including but not limited to acts of God, war, pandemic, or governmental restrictions.
12. Whole Agreement; Amendments
This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, agreements, representations, and understandings of the Parties, including any marketing materials or presentations. No amendment or modification of this Agreement shall be effective unless it is in writing and signed by both parties.
13. Governing Law/Disputes
This Agreement shall be construed and enforced in accordance with the laws of the State of New York without regard to its principles of conflicts of laws. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate or other “arbitrability” issues, shall be determined by arbitration to be conducted in New York, New York before one arbitrator, who shall have expertise in commercial services agreements. The Parties agree to, and waive any objection to, jurisdiction and venue in New York, New York for purposes of the arbitration proceeding. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedure, or if Streamlined Rules are not applicable under the Comprehensive Arbitration Rules and Procedures in accordance with the Expedited Procedures in those Rules. This clause shall not preclude parties from seeking equitable relief from any court of appropriate jurisdiction. THE PARTIES SPECIFICALLY AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL OR TRIAL BEFORE A COURT