Terms and Conditions of Attendance and Participation
These are the terms (the “Agreement”) governing your attendance at and participation in any Elite Personal Training event (the “Event” or the “Elite Personal Training Events”). By registering for the Event you agree to these terms, which form a binding legal contract between Elite Personal Training Ltd., (“Elite Personal Training”) and the registered attendee or participant (“you”). If you are registering on behalf of another individual, it is your responsibility to ensure the person attending is aware of these terms and accepts them. By completing the registration on behalf of another individual you are warranting that you have made the attendee or participant aware of these terms and that they have accepted these terms.
1 Attendee Requirements
1.1 Admittance. Your registration entitles you to admittance to the Event for which you have registered. Any and all other costs associated with your attendance (including without limitation travel and accommodation expenses) shall be borne solely by you, and Elite Personal Training shall have no liability for such costs.
1.2 Use of Likeness. By attending the Event you acknowledge and agree to grant Elite Personal Training the right at the Event to record, film, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to Elite Personal Training includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.
1.3 Event Content. You acknowledge and agree that Elite Personal Training, in its sole discretion, reserves the right to change any and all aspects of the Event, including but not limited to, the Event name, themes, content, program, speakers, performers, hosts, moderators, venue, and time.
1.4 Age Requirements. This event is open to all ages.
2 Prohibited Conduct
2.1 Limitations on Use. By registering for a complimentary Elite Personal Training Events pass you agree not to sell, trade, transfer, or share your complimentary code or badge. By registering for a paid Elite Personal Training Event Pass, you agree not to share, sell or trade your badge. In the event that Elite Personal Training determines that you have violated this policy, Elite Personal Training may cancel your badge(s), retain any payments made by you, report you to law enforcement authorities, and ban you from future Elite Personal Training Events.
2.2 Disruptive Conduct. You acknowledge and agree that Elite Personal Training reserves the right to remove you from the Event if Elite Personal Training, in its sole discretion, determines that your presence or behavior create a disruption or hinder the Event or the enjoyment of the Event by other attendees. All Elite Personal Training badges are the property of Elite Personal Training and must be returned to Elite Personal Training upon request.
2.3 Badge Misuse. Attendees wearing badges from previous Elite Personal Training Events or falsified badges and/or sharing or swapping badges will be immediately ejected from the Event and banned from future Events. Elite Personal Training considers such conduct theft of service, trespassing, and fraud and will report violators to law enforcement authorities. If such conduct is discovered after an Event, violators will be invoiced according to onsite registration pricing and will be required to pay their invoice in full in order to avoid being reported to law enforcement authorities.
2.4 Suitcasing. “Suitcasing” refers to the practice of attending a trade show but “working the aisles” from a suitcase or briefcase, soliciting business from other attendees and exhibitors. For the good of the show and the exhibitors supporting the show, the only legitimate place to conduct business during show hours is within a contracted exhibit space on the show floor. Exhibiting companies are encouraged to protect their investment and report any violations to Elite Personal Training management. Attendees observed soliciting business in the aisles or other public spaces, or in another company’s booth, will be ejected from the Event and may be banned from future events in Elite Personal Training’s sole discretion.
2.5 Photography, Recording, Live Streaming, and Videotaping. Attendees may not record or broadcast audio or video of sessions at Elite Personal Training Events. Elite Personal Training allows cameras on the show floor. Attendees may take pictures within the show for purposes of company or annual reports, company media pieces, marketing materials, etc.
2.6 Unethical/Non-Compliant Marketing. Elite Personal Training reserves the right to deny admission to anyone who engages in or is reputed to engage in unethical or non-compliant marketing practices.
2.7 In addition to the requirements and prohibitions set forth in this Section 2, Elite Personal Training may also exclude any prospective attendee from registering for or attending any Event, in Elite Personal Training’s sole discretion. Furthermore, Elite Personal Training reserves the right to cancel, in its sole discretion, any attendee’s registration upon refund of the admission fees paid to Elite Personal Training; provided, however, that if an attendee is cancelled for violating any prohibition or requirement set forth in this Section 2, Elite Personal Training may retain all fees paid.
3.1 Payment. The payment of the applicable fees for the Event is due upon registration. If such payment is insufficient or declined for any reason Elite Personal Training may refuse to admit you to the Event and shall have no liability in that regard.
4 Cancellation, Substitution, and Lost Badge Policy
4.1 Refund requests postmarked less than sixty (60) calendar days, but prior to fourteen (14) calendar days before the start of the conference will receive a 50% refund, less a $300.00 administrative fee. Refund requests postmarked within fourteen (14) calendar days of the date of the Event will not be eligible for a refund; however, substitutions (subject to availability) may be arranged at the sole discretion of Elite Personal Training in accordance with the Attendee Change Policy below.
4.2 All cancellations and requests for refunds MUST be submitted in writing by the deadlines listed within this policy. Telephone and e-mail requests WILL NOT be honored. Letters should be postmarked no later than sixty (60) calendar days prior to the first day of the conference to receive a full refund of the registration fee (minus an administrative fee of $300.00). Send letters to: Elite Personal Training, Inc. Attention: Nathan Solia, 20/F Regency Centre, Phase 2, 41 Wong Chuk Hang Rd, Aberdeen, Hong Kong.
4.3 Refunds will be sent within four to six weeks after the conference has concluded.
4.4 Attendee changes or substitutions made to any attendee registration can be done until the first date of the Event for a $300.00 administrative service charge. Substitutions or changes done on site after the Event has commenced will be subject to a $300 administrative service charge.
4.5 Once you have received your badge on site, it cannot be changed, substituted, or reissued to a different person.
4.6 If your badge is lost, a replacement will only be issued at the current onsite rate.
5 Registration Confirmation, Elite Personal Training Updates
5.1 Once you have completed your registration, you will receive your registration confirmation by email. Please ensure that your valid email is entered correctly on the registration form. Be sure to check your junk email box to in case any of your Elite Personal Training email(s) are caught by spam filters.
5.2 You will receive essential information for registered attendees electronically at the email address and mailing address that provided on your registration form.
5.3 In addition, you will also begin to receive the Elite Personal Training weekly email newsletter if you were not previously on our mailing list.
5.4 If you would like to opt-out of any of these benefits, please let us know.
7 Intellectual Property
7.1 All intellectual property rights in and to the Event, the Event content, and all materials distributed at or in connection with the Event are owned by Elite Personal Training Ltd. or speakers presenting at the Event. You may not use or reproduce or allow anyone to use or reproduce any trademarks (including without limitation “Elite Personal Training East”, “Elite Personal Training West”, “Elite Personal Training Conference” and “Elite Personal Training”) or other trade names appearing at the Event, in any Event content or in any materials distributed at or in connection with the Event for any reason without the prior written permission of Elite Personal Training Ltd.
7.2 For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by Elite Personal Training Ltd., or any of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual property rights of Elite Personal Training Ltd., or its affiliates, all of which shall at all times remain the exclusive property of Elite Personal Training Ltd., and its affiliates.
8 Disclaimer of Warranties, Limitation of Liability
8.1 Elite Personal Training gives no warranties in respect of any aspect of the Event or any materials related thereto or offered at the Event and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The Event is provided on an “as-is” basis. The views, opinions, and positions expressed by the speakers, attendees, or sponsors at an Elite Personal Training Event are theirs alone and do not necessarily reflect the views, opinions, or positions of Elite Personal Training Ltd., or any employee thereof. Elite Personal Training makes no representations as to accuracy, completeness, timeliness, suitability, or validity of any information presented by speakers, attendees, or sponsors at an Elite Personal Training Event and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. Elite Personal Training does not endorse, and expressly disclaims all liability relating to, any of the products or services provided by speakers, attendees, or sponsors.
8.2 Except as required by law, neither Elite Personal Training nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Event or other aspect related thereto or in connection with this Agreement.
8.3 The maximum aggregate liability of Elite Personal Training for any claim in any way connected with, or arising from, the Event or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to Elite Personal Training under this Agreement.
Elite Personal Training’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. Elite Personal Training shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Elite Personal Training’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Elite Personal Training’s prior written consent. This Agreement shall be governed by the laws of the Hong Kong Special Administrative Region and the parties shall submit to the exclusive jurisdiction of the Hong Kong courts. A party that substantially prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys’ fees and costs. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you acknowledge that you do not have any authority of any kind to bind Elite Personal Training in any respect whatsoever.