Event Terms and Conditions

GENERAL TERMS AND CONDITIONS

(Applicable to all Attendees)

This agreement and the policies referred to herein contain the terms and conditions that apply to your participation as a Exhibitor, Sponsor or Attendee at the 2021 Inside Baseball Coaches Clinic (the “Event”) offered by Coaches Clinic, LLC (“Company”) and access and use of Company’s Internet Web site located at https://insidebaseballcoachesclinic.com (the “Web Site”). The Web Site and mobile applications are collectively referred to as the “Service.”

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR PARTICIPATION IN THE EVENT AND YOUR USE OF THE SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, YOU MAY NOT ATTEND OR PARTICIPATE IN THE EVENT OR USE THE SERVICE.

1. Acceptance. By registering to attend the Event, and clicking “I Accept” during the registration process you agree to be bound by the agreement formed by these Terms and Conditions of Use (this “Agreement”). As used herein, the term “Attendee” shall mean an Attendee, Exhibitor or Speaker at the Event, the term “Exhibitor” shall mean an Attendee who has an exhibit at the Event, and the term “Speaker” shall mean an Attendee who is a speaker, panelist, presenter or moderator at the Event. Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time effective immediately upon notice via the Web Site and/or email. If you are a registered Attendee, Company will notify you of any changes at the email address you provided during registration. Please check this Agreement periodically for changes. You separately acknowledge, agree, represent and warrant that any information provided by you to Company or through the Service is true, accurate, correct, complete and that this representation is an essential and material provision of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I ACCEPT,” AND DO NOT USE THE SERVICE. The discounted ticket for first-time attendees is only valid for individuals who have never attended the Inside Baseball Coaches Clinic. In the event you buy a ticket at the reduced price for first-time attendees, you will still be required to pay the balance of the ticket price in order to enter the Inside Baseball Coaches Clinic.

2. Registration, Accounts, Passwords & Security. Registered Attendees for the 2021 Inside Baseball Coaches Clinic will receive a password and account designation (“Account”) upon completing the registration process and are responsible for maintaining the confidentiality of the password and Account, and are fully responsible for all activities that occur using such password or Account. Attendee agrees to immediately notify Company of any unauthorized use of Attendees password or Account or any other breach of security of which Attendee becomes aware. Attendee agrees to provide true, accurate, current and complete information, including verification that Attendee is thirteen (13) years of age or older and to update registration information in order to keep such information current. Company reserves the right to terminate an Account, access to the Web Site and access to the Service if any registration information provided is false, inaccurate or incomplete. Attendees are expressly prohibited form sharing the names, email addresses or other contact information of any other Attendee received by and Attendee from Company or obtained as a result of attendance at the Event.

3. Refunds & Cancellations. Attendee’s registration and Attendance Fee is personal to each individual Attendee and may not be sold, transferred and exchanged. No portion of the Attendance Fee is subject to refund or adjustment for any reason except as expressly provided herein. Attendee may cancel it’s registration up to the start time of the Event and receive a $75 credit applicable toward the registration costs of the next event offered by Company, if any. If the Event is cancelled due to weather, Attendees shall receive a refund in an amount equal to the Attendance Fee, less a $25 processing fee.

4. Lost/Stolen Property. In no case will Company be responsible for any Attendee’s lost, stolen, or damaged property. Attendee agrees to be wholly responsible for protecting its property. Attendee is encouraged to properly monitor, secure, and insure all of its property at Attendee’s expense.

5. Media Policy. Attendee shall not film, photograph, record or create any audio or audio-visual work during or in connection with Attendee’s attendance at the Event. Attendee acknowledges and agrees that Company and its authorized agents may film, photograph, record, live stream, or create an audio or audio-visual work of Attendee during or in connection with Attendee’s attendance at the Event, and hereby grants to Company an irrevocable, perpetual, royalty-free, assignable and sublicensable right to copy, distribute, publicly perform, public display and create derivative works thereof, in perpetuity throughout the universe in any medium now known or later devised.

6. Non-Solicitation. Attendee agrees that it shall not, during the Event and the two (2) year period following any expiration of the Event (the “Restricted Period”), directly or indirectly, hire or attempt to hire, or solicit, or attempt to solicit, the employment of, whether as an employee, consultant or any other capacity, for Attendee or any of its affiliates, any present or former employee or independent contractor of Company without the express written consent of Company. Attendee agrees that it shall not during the Restricted Period, directly or indirectly, hire or attempt to hire, or solicit, or attempt to solicit, any Speaker to speak, present or moderate any other event.

7. Competitive Events. Attendee shall not produce, promote, endorse, market or sponsor any Competitive Event without the express prior written consent of Company. A “Competitive Event” means a baseball-related show, party or other event that is held in within a twenty five (25) mile radius of the location of the event during the month in which the event is held.

8. Non-Disparagement. Attendee shall not say or write, or cause to be said or written, any misleading or disparaging comment about Company, or any of its respective directors, officers, shareholders, employees or agents and will not otherwise do or say anything that is intended to or reasonably likely to disrupt the morale of Company’s employees or otherwise harm Company’s interests or reputation.

9. Force Majeure. Neither party shall be liable, nor shall any credit or other remedy be extended, for any failure to fulfill obligations under this Agreement due to any causes whatsoever beyond a party’s reasonable control including, but not limited to, acts of God, flood, extreme weather, fire or other natural calamity, terrorism, action or decree of civil or military authority, power/utility failures, national emergency, riot, war, labor dispute or shortage, material shortage, failure of supplier, or embargo.

10. Indemnification. Without limiting the foregoing, Attendee assumes full responsibility for and shall indemnify, defend and hold harmless Company, the venue, and their successors, assigns, parents and subsidiaries, and the officers, directors and employees of each of them, from and against any and all claims, losses, actions, damages, expenses and all other liabilities including, but not limited to, costs and reasonable attorneys’ fees arising out of or in connection with any act or omission by Attendee, including without limitation, any negligence or willful misconduct.

11. Representations. Each party represents to the other that it has the full legal right, power and authority to enter into this Agreement and to perform its obligations hereunder; (ii) the execution of this Agreement by such party and performance of its obligations hereunder comply with all applicable laws, rules and regulations; and (iii) this Agreement is a legal, valid and binding obligation of such party, enforceable in accordance with its terms.

12. Disclaimer. The event and any information or materials made available during the event are provided “as is” and without warranties of any kind either express or implied. to the fullest extent permissible pursuant to applicable law, company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

The company does not warrant that event and any information or materials made available during the event will be uninterrupted, error-free, or that defects will be corrected. Company does not warrant or make any representations regarding the use or the results of the use of the event and any information or materials made available during the event in terms of their correctness, accuracy, reliability, or otherwise.Company is not responsible for any incorrect or inaccurate information or materials made available during the event, and attendee acknowledges and agrees that company does not guarantee their accuracy. Company is not responsible for the conduct, whether online or offline, of any attendee. Company assumes no responsibility and shall not be liable for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the service.

Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the internet or at any web site, including injury or damage to any person’s computer related to or resulting from participating or downloading materials in connection with the event or any information or materials made available during the event.

13. Limitation of Liability. Under no circumstances, including, but not limited to negligence shall company be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from attendance at, or the inability to attend, the event, or any information or materials made available during the event, even if company or a company authorized representative has been advised of the possibility or likelihood of such damages. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in no event shall company’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the registration fee paid by you to company, if any.

14. No Expectation of Privacy. By using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You acknowledge and agree that any message or information posted on the Service or sent to Company may be read or intercepted by others, even if there is a special notice that a particular transaction or transmission (for example, credit card information) is encrypted.

15. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to the conflicts of laws provisions thereof. Attendee agrees that any action at law or in equity arising out of or relating to this Agreement shall be litigated only in the state or federal courts located in Essex County in the State of New Jersey and Attendee hereby consents and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The parties hereby irrevocably consent to service of process in connection with any controversy by the mailing thereof by registered mail or certified mail, postage prepaid to the respective parties at their respective addresses set forth in or designated pursuant to this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. In the event of any dispute concerning this Agreement, the prevailing parties shall be entitled to reasonable attorney’s fees.

SPEAKER TERMS

(Applicable to all Attendees who are Speakers)

1. Speaker Compensation. In exchange for the Speaker’s participation at the Event, as it’s sole and exclusive compensation and in exchange for the releases and rights granted herein, Speaker shall receive a speaker fee in an amount set forth in the applicable Speaker’s acknowledgement letter (the “Speaker Fee”). Provided that Speaker attends the Event and fulfills its speaking obligations, Company shall reimburse () Speaker’s coach class round-trip airfare to the Event, hotel room for (a maximum of 2 nights), and the cost of Speaker’s individual meals during the Event.

2. Speaker Release. In exchange for the Speaker Fee and other good and valuable consideration, Speaker hereby grants to Company, its officers, directors, employees, independent contractors, representatives, partners, limited partners, authorized agents, successors in interest of any and every kind, and designees all rights of every kind and character whatsoever in perpetuity in and to my performance, appearance, name and/or voice and the results and proceeds thereof in connection with my participation as a Speaker at the Event and any related materials used in connection therewith (the “Work”). Speaker hereby grants to Company an irrevocable, perpetual, royalty-free, assignable and sublicensable right and license to photograph and record (on film, tape, or otherwise, including electronically) my participation as a Speaker; to edit same at its discretion and to include it with the performance of others and with sound effects, special effects and music; to incorporate same into the Work or other program or not; to use or license others to use such recordings and photographs in any manner or media (now known or later invented) whatsoever including, without limitation, unrestricted use for purposes of publicity, advertising and sales promotion, but not commercial endorsements of third-party products or services; and to use my name, likeness, voice, biographic or other information concerning me in connection with the Work and for any other purpose known now or hereafter devised. I further acknowledge that Company owns all rights to the results and proceeds of my participation as a Speaker rendered in connection herewith in perpetuity throughout the universe.

3. Speaker Understandings. Speaker acknowledges that live event content including, but not limited to, speakers, sponsors, and media coverage, is subject to change without notice. Company assumes no liability should there be a deviation from attendance or any other projections and/or a change in live event content. No portion of the Speaker Fee is subject to refund or adjustment for any reason except as expressly provided herein.

4. License and Usage. Speaker may request the right to use Company’s logo and Company trademarks for use in promoting Speaker’s participation in the Event subject the execution of a separate license agreement with Company. Before posting or publishing any photos and/or footage of Company events on any website (with the exception of social media, e.g. Facebook, Twitter, Instagram), publication, application, or broadcast Speaker must obtain prior approval from Company, and Company reserves the right to insert its logo in said photos and/or footage.

5. Independent Contractors. Each party shall perform its obligations hereunder as an independent contractor and shall not be deemed an agent or partner of the other.  Neither party shall have any right, power, or authority to enter into any agreement or bind or incur any obligation or liability on behalf of the other party.

EXHIBITOR TERMS

(Applicable to all Attendees who are Exhibitors)

1. Limitation of Exhibits. Company reserves the sole right to determine the eligibility of any company, product, or service to exhibit in the exposition, and further reserves the right to reject any application. Company reserves the right to stop or remove from the Event any exhibitor (or any agent, employee, or representative thereof) performing an act or practices, including but not limited to any displays, presentations, or demonstrations, which Company finds objectionable, violates the Terms and Conditions, or detracts from the dignity of the Event. If Company removes or stops an exhibit or demonstration, Exhibitor shall not be entitled to a refund of exhibit fees or any other cost incurred. Participation in the exposition does not reflect a product endorsement by Company. The Exhibitor shall not make any statements in print, orally, or electronically that state or imply such endorsement.

2. Booth Specifications. Booths consisting of 10’ x 10’ inline or corner space must not exceed a height of 8 feet. Exhibitors may request more than one (1) booth. Exceptions may be granted where the booth(s) are located along perimeter walls. Exhibitors in Island booths may display to a height of 12 feet. No walls, partitions, paintings, decorations, or other obstructions may be erected which will in any way interfere with the view of any other exhibitor. Exhibitors are required to submit their plan in writing thirty (30) days in advance of the exhibition for approval if such plans include the use of unusual effects or methods of production presentation. Exhibitors are required to ensure that their displays do not have a negative impact on the show environment through excessive noise, heat, light, etc.

3. Payment Terms. All applications for exhibit space must be accompanied by full payment. All requests for cancellations must be in writing. Fifty percent (50%) of the total booth cost will be refunded for all cancellations received not later than sixty (60) prior to the date of the Event. No refunds will be provided after that date. Company reserves the right to deny exhibit space to Exhibitors that have overdue account balances. Exhibit space assignments are made on a first-come, first-served basis after sponsor and past exhibitors have made their selections.

4. Local Ordinances & Regulations. Exhibitors shall observe all local rules, regulations, ordinances or other in-person requests by fire department personnel. Display and packing material must be flame retardant. Electrical equipment must be UL approved and must be wired by a licensed electrician. Exhibitors must submit an exhibitor plan which is subject to approval by the venue and any local authorities having jurisdiction. Exhibitor agrees that Company has no control over the acceptance, rejection or modifications of the exhibitor plan required by the venue and/or local authorities and Company shall have no liability with regard thereto.

5. Damage to Property. Any damage, including but not limited to damage to the hotel, exhibit hall or exhibit area, caused by an exhibitor will be paid for by that exhibitor. Exhibitors are prohibited from painting, taping, nailing, screwing, drilling, or tacking anything to the walls, columns, floor, or ceiling of the building; adjoining displays; or the official contractor’s display material.

6. Labor and Contractors. Exhibitors that plan to use outside contractors must notify Company in writing 60 days prior to the exposition. Company reserves the right to contact such contractors and deny an Exhibitor entrance based upon the use of an outside contractor. Outside contractors are required to supply verification of liability insurance coverage. All labor must have local union clearance.

7. Exhibit Occupancy. Exhibitor personnel must confine their activities to the Exhibitor’s Stand space. Stands must be staffed at all times during scheduled exhibition hours (personnel must be at least 18 years of age). Exhibitor acknowledges that attendance at the Event is critical to the success of the Event. All Stands must remain staffed and fully intact until the Event closes on the final day. If Exhibitor fails to fully staff and/or prematurely dismantles said space, Exhibitor agrees to pay $1,500 as liquidated damages and may forfeit the right to exhibit at future Company trade shows. Company may occupy Exhibitor’s exhibit space if it remains empty during Event hours.

8. Program Directory / Exhibitor Registration. Only the name of Exhibitor that appears on this Agreement may utilize the contracted Stand space, and only that name will appear in the Exhibitor listings and on the Exhibitor’s conference registration badges. Exhibitor shall not assign, share, sublet, license or sublicense any part of its exhibit space without the express prior written consent of Company.

9. Exhibit Space Amendments. Company further reserves the right to assign, move or reallocate Exhibitor’s Stand space to a new location in the interest of a better showing of exhibits, or to cancel this Agreement for the betterment overall of Company or for any other reason deemed necessary by Company. Exhibitors will be notified in writing of such movement. If the changes result in exhibiting in an area of different value as specified by Company, Exhibitor’s fee is non-refundable. Exhibitor agrees that any such changes shall made by Company in its reasonable discretion, shall not be treated as a modification of this Agreement or as a breach of the terms of this Agreement, or entitle Exhibitor to terminate this Agreement or otherwise cancel or rescind its obligations under this Agreement. All terms of this Agreement remain in effect upon such movement of Stand space by Company.

10. Policy on Selling. Over the counter sales (i.e., cash, check and/or credit cards) are permitted only with express written permission from Company. Exhibitor is responsible for paying all applicable sales and other tax relating to any such sales.

11. Liability and Insurance. Exhibitor shall carry adequate personal and property damage liability and workers’ compensation insurance as required to comply with all applicable laws and as reasonably and customary for exhibitors to carry in respect of tradeshow programs similar to the event.  Exhibitor will secure and furnish certificates of insurance to Company naming Company as an additional insured.  Failure by Company to request proof of insurance shall not relieve Exhibitor from carrying proper coverage. Exhibitor understands that neither Company nor the venue maintains insurance covering Exhibitor’s property and it is the sole responsibility of Exhibitor to obtain such insurance. In no case will Company be responsible for theft, loss or damage to Exhibitor’s product(s) or property. Exhibitor agrees to be wholly responsible for protecting its property on and off premises.

12. Additional Services. For insurance, safety and security purposes, additional electrical, cleaning, catering, drayage and other special services needed by Exhibitor shall be provided only when Exhibitor orders and agrees to pay for these services from the exclusive suppliers authorized to provide such services listed in the Exhibitor Manual.

ATTENDEE CODE OF CONDUCT

(Applicable to all Attendees who are Speakers)

Company celebrates diversity. We believe that diversity is essential for growth, and we are pleased to serve baseball fans of all generations, genders, races, ethnicities, religions and creeds, body types, physical and mental strengths, political ideologies, and sexual orientations. Therefore, we insist that all Company affiliates, partners, volunteers, other participants and Attendees emulate our appreciation for diversity in all its forms. This means that all events held in conjunction with Company must at all times demonstrate respect and consideration for all Event attendees.

To clarify our expectations as to how Company partners and attendees will contribute to a safe, respectful environment throughout all Company events, we have outlined below a standard set of codes by which we expect all participants to conduct themselves.

FOOD AND DRINK

Attendees at the 2021 Inside Baseball Clinic range in age, dietary needs, and sensitivity to various substances. As a partner, should you choose to serve food or drink at the Event: 1) You must ID all recipients of alcoholic beverages to ensure they are of legal age; 2) You must provide food allergen information upon request to attendees; 3) You must ensure safe practices regarding alcohol consumption by attendees; 4) Illegal substances are prohibited, and any party found in possession of such substances will be expelled from the Event and face subsequent legal action.

SEXUAL SAFETY

All participants must respect the sexual identities, sexual orientations, and sexual agency of all other participants.

Unwanted sexual advances, including comments, gestures, stalking, lewd images, physical contact, coercion, or assault, will result in expulsion from the Event and in appropriate legal action.

All materials brought into the Event, whether by a partner or attendee, must be respectful to all other attendees. Any material deemed to convey messages which threaten or devalue another party on the basis of gender or sexuality will be confiscated, and the parties responsible for such materials will be expelled from the Event.

INCLUSIVITY

All participants (partners, speakers, volunteers, attendees, etc) will show respect and consideration for all other attendees at all times through their comments, postures, gestures, actions, and all other behaviors.

All partners are expected to invite and allow all attendees to attend any event hosted at or in conjunction with the Event. Failure to comply with this expectation will result in expulsion from the Event.

Behaviors or materials which devalue or discriminate against any persons or groups, (whether by race, ethnicity, generation, gender, sexual orientation, sexual experience, religion, creed, physical or mental strengths, political ideology, career, socioeconomic status, education, personal opinion, or subculture affiliation) will result in expulsion from the Event. Such behaviors and materials include threatening or disparaging comments, gestures, images, offensive objects, destruction of property, unwanted physical contact, and physical or psychological harm.

PEACEFUL BEHAVIOR

Peaceful and safe conduct is expected of all Event participants at all times this includes all events held by sponsors or partners in conjunction with the Event, whether on or offsite.

Any behaviors or materials which imply, promote, threaten, or enact violence or danger to any Event affiliate, partner, or attendee will result in the expulsion of responsible parties from the Event. This includes negligent or reckless behaviors that endanger attendees as well as aggressive or malicious acts.

SECURITY MEASURES

During the Event, local police and security detail will be present throughout all conference spaces for your protection.

Moreover, Company will maintain a Safety Representative at the Company Information Booth, located near the Registration Tables. Report any safety concerns or complaints of discriminatory, harassing, or otherwise unsafe behavior to the Safety Representative as soon as possible. All reports to the Safety Representative will remain entirely confidential and will be immediately investigated by Company representatives.

The Company Safety Representative will enact any safety measures deemed necessary, including but not limited to:

• Expelling unsafe parties from the Event without refund
• Assigning escorts from available local police force
• Confiscating unsafe materials
• Putting victims of unsafe behavior in contact with local resources for additional expert assistance
• Initiating legal action against perpetrators of unsafe behavior

Please contact Company representatives as soon as possible regarding any discriminatory, harassing, or unsafe behaviors or materials, regardless of whether you are directly involved or a third-party observer. It is the responsibility of every Company attendee to keep all other attendees safe.

If you are not comfortable reaching out the Company Safety Representative in person, you are welcome to contact Company by email at [email protected]. A representative is ready to help and will respond promptly.

EXPULSION

In the unfortunate and unlikely event that a partner, participant, volunteer, attendee or other Event Attendee is deemed in violation of any of the previously described safety expectations, such parties will be immediately expelled from the Event, including the conference and any other event affiliated with the Event for the remainder of the Event. The registration and attendance passes of said parties will be confiscated without refund and said parties will be denied re-entry to the Event and any other related event. In the event that the behavioral violation includes criminal activity, Company will instigate legal action against responsible parties.