Aircraft Owners and Pilots Association
TERMS AND CONDITIONS FOR PARTICIPANTS OF THE 2021 AOPA FOUNDATION HIGH SCHOOL SYMPOSIUM (THESE “TERMS AND CONDITIONS”). THE AOPA FOUNDATION, INC. (“AFI”) AND PARTICIPANT MAY HEREINAFTER BE REFERRED TO INDIVIDUALLY AS A “PARTY” OR COLLECTIVELY AS THE “PARTIES”.
THESE TERMS AND CONDITIONS SHALL APPLY TO PARTICIPANT (AND/OR ENTITY REGISTERING THE PARTICIPANT FOR THE SYMPOSIUM (COLLECTIVELY THE “PARTICIPANT”)) WHO REGISTER FOR THE AOPA FOUNDATION’S 2021 HIGH SCHOOL SYMPOSIUM (THE “SYMPOSIUM”). AS A PARTICIPANT IN THE SYMPOSIUM, PARTICIPANT AGREES AS FOLLOWS:
1. General Guidelines/Rules of Conduct:
|a.||Participant must abide by all the rules and requests of AFI and its staff concerning the Symposium, its facilities, equipment, Symposium attendees, and property (including property owned and/or controlled by the Symposium venue) (collectively, “Symposium Property”), which may, without limitation, be issued orally.|
|b.||Participant shall not engage in behavior injurious to the reputation, safety, or enjoyment of AFI, other Participants or Exhibitors/Sponsors,|
|c.||Compliance with Laws: Participant agrees to comply with all applicable federal, state and local laws, rules and regulations, including health and safety codes and, related to its use of the Symposium Property.|
|d.||COVID-19 Guidelines: Participant shall abide by all Center for Disease Control COVID-19 Guidelines, as well as any and all additional health measures which may be required by AFI. Such measures may include, but are not limited to, wearing masks at all times, having temperatures checked prior to entering the Symposium, and maintaining social distancing measures.|
2. Term: The Term of the Agreement shall commence upon the date of registration by Participant (“Effective Date”) for the Symposium and shall continue until the conclusion of the Symposium.
3. Payment of Participant Fees. Participant, or the entity registering Participant for the Symposium agrees to pay all registration Fees at the time of registration.
4. Cancellations/Withdrawals by Participant.
|a.||All Participant cancellation requests must be made in writing for any applicable refund (if any) to be processed.|
|b.||Cancellation Fee: A 25% cancellation fee will be charged for cancellations received thirty (30) days or less prior to the Symposium.|
5. Termination by AFI. Without limiting any other remedies available to it, upon AFI’s written notice to Participant, AFI may immediately suspend Participant’s access to the Symposium or Symposium venue and/or terminate the Agreement immediately upon any (i) unauthorized or illegal use of the Symposium Property by Participant; (ii) Participant non-compliance with AFI instructions or with any term/provision of the Agreement, or (iii) non-payment of applicable registration Fees. Upon the termination of the Agreement by AFI, any rights and/or licenses granted to Participant therein will automatically terminate, and Participant may not continue to use the Symposium Property or venue. AFI will have no liability to Participant for any costs, losses, damages, or liabilities arising out of or related to AFI’s termination of the Agreement pursuant to this Section 6.
6. Cancelation or Rescheduling of Symposium.
|a.||Rescheduling of the Symposium. The Parties understand, acknowledge and agree that due to factors beyond the control of either Party, such as, without limitation, weather, COVID-19 related government (federal, state, and/or local) restrictions, rules, regulations, etc., and/or environmental factors, AFI may need to reschedule or cancel the Symposium up to twenty-four (24) hours before the Symposium. If AFI reschedules the Symposium as permitted herein, AFI will make reasonable efforts to reschedule the Symposium within thirty (30) days of the originally scheduled Symposium date. If AFI is unable to reschedule the Symposium within thirty (30) days of the originally scheduled Symposium date, AFI will cancel the Symposium and refund to Participant all Fees paid.|
|b.||Except to the extent as set forth herein, the Parties agree that AFI shall not be liable to Participant for any costs or damages whatsoever which may be incurred by Participant due to AFI’s rescheduling and/or cancellation of the Symposium, or any portion thereof.|
7. Media Release. Participant hereby grants all rights, title and interests to AFI for any photographic images, or audio/video captured by AFI (or its authorized agents) during the Symposium. Participant hereby grants to AFI a worldwide, non-exclusive, perpetual license in and to: any and all photographic images and/or video or audio recordings that may capture Participant’s face(s), sound or likeness by AFI (or its authorized contractors) during the Participant’s engagement with the Symposium. AFI may use these recordings in media channels, marketing activities and/or otherwise in the discretion of AFI.
8. Limitation of Liability.
|a.||AFI shall not be responsible for Participant personal or business property.|
|b.||Assumption of Risk. Participant hereby expressly and specifically assumes the risk of injury or harm that may arise from its participation at the Symposium and forever releases AFI from any and all liability for injury, illness, death, or property damage resulting from its participation in the Symposium.|
|c.||Release Waiver, and Covenant not to Sue. Participant does hereby release and forever discharge, covenants not to sue, and holds AFI harmless (including its employees, officers, affiliated companies, and authorized agents/contractors) from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from Participant’s involvement in the Symposium except to the extent such liability or claim shall have been caused by the gross negligence or willful misconduct of AFI. AFI HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE AND IN NO EVENT SHALL AFI’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY PARTICIPANT. IN NO EVENT SHALL AFI, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND/OR CONTRACTOR’S BE LIABLE TO PARTICIPANT FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SYMPOSIUM.|
9. Indemnity. Participant will indemnify, defend, and hold AFI (and its employees, directors, officers, agents, and contractors) harmless from and against any and all loss, damage, costs, liabilities or claims (including 3rd party claims and including property damage, injury, or death and reasonable attorneys’ fees) arising out of or related to Participant’s activities, or use of the Symposium venue, including but not limited to Participant’s negligence, gross negligence, intentional misconduct, and/or criminal activities.
|a.||Assignment. Participant may not assign, transfer, or otherwise delegate its rights or interests in this Agreement, in whole or in part, without prior written consent of AFI.|
|b.||Relationship of the Parties. No agency, partnership, association, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement and the Parties shall at all times be considered independent companies/contractors to one another.|
|c.||Governing Law, Forum, and Attorney’s Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland and shall be subject to the jurisdiction and forum of the same. The parties hereby consent to personal jurisdiction and venue in the State of Maryland waiving both Parties’ rights to objection for inconvenient forum. Should AFI be required to seek the services of an attorney to enforce its rights under this Agreement, and if AFI prevails in its action against Participant, AFI shall be entitled to recover reasonable attorney fees, legal costs, and other collection fees and costs incurred it in connection with such action.|
|d.||Force Majeure. AFI shall not be responsible or liable for, or deemed in default for, any delay or failure of performance, including but not limited to accidents, acts of God, labor disputes, pandemics, epidemics, actions of any government or regulatory agency, interruptions or delays in transportation, fuel supplies or electrical power, or any reason which is due to causes beyond its AFI reasonable control.|
|e.||Severability and Waiver. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. The waiver, modification, or failure to insist by AFI of any conditions or terms of this Agreement shall not void, waive, or modify any of the other terms or conditions nor be construed as a waiver or relinquishment of AFI’s right to future performance of any such term or terms.|
|f.||Complete Agreement. The Agreement, along with these Terms and Conditions, those terms and conditions as referenced throughout the Symposium application and/or registration process and as posted at the Symposium constitutes the complete and exclusive understanding and agreement between the Parties regarding Participant’s attendance at the Symposium and shall supersede all prior or contemporaneous agreements or understandings, written or oral, relating to this subject matter.|
[End of Terms and Conditions]