Bernoulli | Locke

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Bernoulli | Locke

Conference Participation Agreement

Revised December 14, 2021
This is an agreement (“Conference Participation Agreement”) between you and Bernoulli | Locke, LLC (“B|L”, “we”, “our” and “us”).

1. The Conference

We are organizing the following event (the “Conference”) for the benefit of our participants.

Title: The 10,450 ft View: THE WILD WEST OF NFTs Workshop

Date(s): February 10-13, 2022

Location(s): Jackson Hole, Wyoming

Principal Activity/Activities: NFT Conference

Your participation in the Conference is subject to this Agreement.

2. Your Conference Registration

By completing and submitting the online registration form for the NFT Workshop, you are registering or have registered to participate in the Conference. You may also be registering or have registered one or more of your Guests to participate in the NFT Workshop.

Your place as a participant in the NFT Workshop, and the places of your Guests if applicable, are personal to you and them, and cannot be transferred. Please note the NFT Workshop is only available to those who are 18 years or older.

3. Payment Of Conference Fees

You have paid or will pay the Conference Fees set in the online registration form for the Conference. Your registration for the Conference, and any applicable additions such as the VIP dinner and hotel for yourself, and for your Guests if applicable, will not be complete and your and their places as participants in the Conference will not be reserved, until we have received full payment of all applicable Fees. If applicable, you can pay guest Fees to us directly, or you can make arrangements to have your guests make the payment. To make arrangements for payment, please contact the B|L membership director at membership@14e.com or 310-905-6656.

Registration for the Conference is a final commitment that you cannot modify, withdraw or cancel without our prior written consent. If you need to cancel your registration for the Conference, please contact the B|L membership director at membership@14e.com or 310-905-6656. We will consider the reasons for and circumstances of any such request, but cancellation and a refund of any portion of your Conference Fees will be at our sole and absolute discretion, and no more than 50% of your Conference Fees will be refunded under any circumstances.

4. Included Expenses

Based on your individual registration as indicated on your confirmation email, your Conference Fees include the following expenses for each person registered:

NFT Workshop, if applicable:
  • NFT Workshop Sessions with subject matter experts:
    • February 10  NFT Rodeo Extravaganza and Dinner (no workshop sessions)
    • February 11 including breakfast and lunch
    • February 12 including breakfast and lunch
  • 1 Bernoulli | Locke NFT
  • 1 day of skiing and ski rental at the Four Seasons Resort
Online Only NFT Workshop, if applicable:
  • Access to live streamed event

Your Conference Fee does not include, and you will be personally responsible for, the following expenses for yourself, and your Guests:

  • Room service, restaurant and bar charges other than meals included above, unless expressly offered without charge during the Conference
  • In-room mini-bar, Laundry service, Spa services, Telephone calls or other incidental room charges if you book a room with Bernoulli | Locke at the Four Seasons
  • Retail purchases at the Four Seasons hotel or other Conference venues
  • Business center services
  • Travel Insurance
  • Fees and gratuities not included above

5. Optional Expenses

Based on your individual registration as indicated on your confirmation email, you may add the following to your Conference:

  1. 3 nights lodging at the Four Seasons in Jackson Hole for February 10-13, 2022, subject to availability
  2. Additional night at the Four Seasons on February 13, 2022 (for those who choose to book the three nights (above).
  3. VIP Dinner Ticket to small group dinner with a Conference Speaker – Friday evening
  4. Additional day of Skiing and Rentals

6. Additional Information And Documentation

You will provide us with any additional information we request in connection with your participation in the Conference. You will provide us with any information we request about the Guests you are registering for the Conference, as well as copies of their passports or other government ID, their photographs (taken within the previous three months and meeting certain specifications) and, if requested by us, their biometrics (such as an iris scan or fingerprint).

You will sign and deliver to us any documentation we request in connection with your participation in the Conference, including without limitation any agreements, waivers and other documents required by third party providers or producers of activities, signed by yourself and if applicable your Guests.

7. Responsibility For Guests And Children

You will ensure that your Guests comply with all of the applicable terms and conditions contained in the applicable documents described in Section 6 above, as well as all applicable laws and governmental regulations.

Children under 18 years of age are not permitted at the NFT Workshop.

8. Confidentiality And Non-Disclosure

We have a strict confidentiality and non-disclosure policy. You and your Guests will not disclose the names of or otherwise identify or describe any other Members or their Guests or describe the NFT Workshop to any entity or person (except to other participants in the Conference), by any means or in any medium whatsoever, including without limitation the press, social media, personal blogs, email, telephone, SMS messages and in-person communications. You and your Guests will not share any audio recordings, photographs, or video of other participants in the Conference or the activities of the Conference with any entity or person (except with other participants in the Conference), by any means or in any medium whatsoever, including without limitation the press, social media, personal blogs, email, telephone, SMS messages and in-person communications. Likewise, our management and all of our staff members are required to adhere to the strictest confidentiality and pledge to maintain all records and personal information concerning Members and their Guests in the strictest confidence.

9. Publicity

We may ask you and your Guests to tell us what you think of the Conference. We may film, video, or photograph the Conference and activities included in or available through the Conference for use in advertising, promotions, public relations, and other commercial or business purposes. However, if you or your Guests take part in these interviews or appear in these recordings or photographs, we will not use or publish your or their names, images or other personal information without your or their prior written consent.

10. Participating In The Conference

  1. RFID WRISTBANDS. While participating in the Conference, you will carry with you at all times your photo ID and, if supplied by B|L, your RFID wristband or other identifying device for the Conference. Without your photo ID and, if applicable, your RFID wristband or other identifying device, you may be denied entry to and participation in activities included in the Conference. You will not allow any person other than yourself to use your photo ID or RFID wristband or other identifying device. Please notify us immediately if your RFID wristband or other identifying device is lost or stolen.
  2. AUDIO/VIDEO SOUND. During the Conference you will play the live and recorded sound of movies, videos, songs, readings and all other audio presentations only through your headphones, and in a manner that is not audible to any other Members or their Guests who are present. Also during the Conference you will not participate in telephone conversations in a manner that is disruptive or interferes with the enjoyment of others participating in the Conference.
  3. HEALTH AND SAFETY; ACCIDENTS AND INJURIES. Your health and safety are important to B|L. By participating in the Conference, you represent that you and if applicable your Guests are in good health, and that you and they have no physical condition that would prevent you or them from taking part in or enduring the exertions of the Conference or present a hazard to yourself, themselves or others.
    THE CONFERENCE INVOLVES ELEMENTS OF RISK, INCLUDING WITHOUT LIMITATION RISK OF PERSONAL INJURY OR DEATH, OR RISK OF DAMAGE TO OR LOSS OR DESTRUCTION OF PERSONAL PROPERTY. SPECIFICALLY, THE CONFERENCE INVOLVES CONSIDERABLE RISKS AND HAZARDS ASSOCIATED WITH DOWNHILL SKIING IN UNPREDICTABLE WINTER WEATHER CONDITIONS. YOU AND YOUR GUESTS ASSUME SUCH RISKS BY PARTICIPATING IN THE CONFERENCE, AND YOU AND YOUR GUESTS WILL TAKE ALL REASONABLE PRECAUTIONS TO AVOID ACCIDENTS AND INJURIES.
    The Conference is being produced with consideration given to health concerns arising from the COVID-19 health pandemic. To assure our guests safety during these times, we will be using state-of-the-art technology for indoor spaces that is used in many surgical centers and is thought to help minimize the spread of bacteria and viruses both in the air and on surfaces.  All attendance is subject to the restrictions and requirements put in place by venues, teams, or government authorities as it pertains to proof of COVID-19 vaccination, proof of negative COVID-19 test, social distancing, wearing personal protective equipment, age restrictions, or similar measures. Any participant testing positive for COVID-19, not meeting health and safety requirements that we establish in our sole and absolute discretion, or not complying with health and safety measures that we establish in our sole and absolute discretion may be required to leave the Conference. You will comply with all health and safety measures that may be required by governmental authorities, third party providers or producers of the Conference and/or venues and locations where the Conference takes place.
    If a participant in the Conference falls ill, has an accident or suffers any injury, or for any other reason may require medical attention at, or in the vicinity of, the Conference, please report this as soon as possible to a member of staff and in any event within 24 hours after the incident. As well as wanting to check on a participant’s well-being, this information is needed to help B|L comply with health and safety requirements and for insurance purposes.
  4. ILLEGAL DRUGS/SUBSTANCES/ITEMS. You and your Guests will not (i) purchase, use, ingest, possess, sell or otherwise distribute illegal drugs or other illegal substances while attending the Conference, or ask any B|L staff member to do any of the same, or (ii) purchase, sell, use or possess any illegal or offensive object or device while attending the Conference. Depending on the circumstances, we may in our sole and absolute discretion, notify the police or other authorities of any such occurrence.
  5. FIREARMS AND OTHER WEAPONS. You and your Guests will not bring any firearms or other weapons to the Conference.
  6. SMOKING POLICY. You and your Guests will refrain from smoking (including cigarettes, e-cigarettes and vapes) at any planned or organized component of the Conference. In addition, you and your Guests will comply with all applicable no-smoking governmental laws, rules and regulations, and also with the no-smoking policy then in effect at any venue or hotel that is included in the Conference.
  7. ANIMALS. You and your Guests will not bring animals to the Conference, except (i) you and your Guests may bring pets specifically included in the written description of the Conference, and (ii) you and your Guests may bring legally recognized and certified assistance animals that belong to you or your Guests.
  8. OTHER CONDITIONS. In addition to complying with the foregoing requirements for participating in the Conference, (i) if applicable your Guests will comply with Conference Agreement, and (ii) you and if applicable your Guests will comply with the provisions of any agreements, waivers and other documents required by third party providers or producers of the Conference.

11. Expulsion From Experiences

If, during the Conference, we determine in our sole and absolute discretion that you, or any of your Guests, are engaging or have engaged in any conduct or are committing or have committed any action that violates any of the provisions of Section 10 above, then we will have the right, in our sole and absolute discretion, to immediately and without notice expel you and your Guests from the Conference, either temporarily or permanently for the remaining duration of the Conference.

12. Cancellation Of Experience

All or a portion of the Conference may be cancelled for any reason, including without limitation force majeure, a decision by a third-party provider or producer, or a decision by us for any reason or no reason in our sole and absolute discretion.

13. Limitations Of Liability Of B|L

FOR PURPOSES OF THESE LIMITATIONS OF LIABILITY PROVISIONS, “B|L”, “WE”, “OUR” AND “US” REFER TO BERNOULLI LOCKE, LLC, ITS PARENT, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.
YOU TAKE FULL RESPONSIBILITY FOR YOUR OWN AND YOUR GUESTS’ ACTIONS, SAFETY AND WELFARE AND FOR YOUR AND THEIR PERSONAL PROPERTY WHILE PARTICIPATING IN THE CONFERENCE, AND YOU AND YOUR GUESTS ASSUME ALL RISK OF PARICIPATING IN THE CONFERENCE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, SUCCESSORS, REPRESENTATIVES AND ASSIGNS, RELEASE AND DISCHARGE US FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM YOUR AND YOUR GUESTS’ PARTICIPATION IN THE CONFERENCE.
B|L DOES NOT OWN OR OPERATE ANY ENTITY THAT PROVIDES OR PRODUCES THE CONFERENCE; ALL PERSONS AND ENTITIES THAT PROVIDE AND PRODUCE THE CONFERENCE ARE INDEPENDENT CONTRACTORS. THEREFORE, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, OR TO THE EXTENT ARISING DIRECTLY FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE MAXIMUM AMOUNT OF OUR LIABILITY TO YOU OR ANY OF YOUR HEIRS, SUCCESSORS, REPRESENTATIVES OR ASSIGNS FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH YOUR AND YOUR GUESTS’ PARTICIPATION IN THE CONFERENCE, WILL NOT EXCEED THE SUM OF (A) YOUR MEMBERSHIP FEES PAID TO US FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE CONFERENCE, AND (B) YOUR CONFERENCE FEES PAID TO US FOR YOUR AND YOUR GUESTS’ PARTICIPATION IN THE CONFERENCE.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY WITH RESPECT TO ANY THEORY OF LEGAL LIABILITY AND ANY BASIS FOR DAMAGES.
THESE LIMITATIONS OF LIABILITY WILL SURVIVE CANCELLATION OF YOUR MEMBERSHIP AND TERMINATION OF THIS AGREEMENT.
LAWS REGARDING LIMITATIONS OF LIABILITY VARY FROM STATE TO STATE; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU.

14. Governing Law And Jurisdiction

This Conference Participation Agreement will be governed by and construed in accordance with the laws of the State of New York. You agree that the sole venue and jurisdiction for disputes arising under this Conference Participation Agreement will be in the appropriate state or federal court located in the State of New York, and you agree to submit to the exclusive jurisdiction of such courts.