Terms & Conditions: FYZICAL Brand Triumph 2023

These Terms and Conditions of Attendance and Participation (the “Terms” or the “Agreement”) sets forth the terms and conditions upon which Fyzical, LLC, together with its respective subsidiaries and affiliates (collectively, “FYZICAL,” “we,” “our,” or “us”), conducts and provides access to FYZICAL conferences, webinars, trainings, meetings, receptions, social events, or other sponsored events (each an “Event”). By registering online or otherwise agreeing to register for an Event, or by attending such an Event, the undersigned (hereinafter referred to as “Attendee” or “you”) agrees to be bound by the terms of this Agreement. If you do not agree to this Agreement, do not register for or attend an Event. If you are registering on behalf of another individual, it is your responsibility to ensure the person participating 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 Participant aware of these Terms and that they have accepted these Terms.

Admittance. Your registration entitles you to admittance to the Event. Any and all other costs associated with your attendance (including without limitation any travel and/or accommodation expenses) shall be borne solely by you and FYZICAL shall have not liability for such costs.
Termination. You acknowledge that FYZICAL reserves the right to terminate your access and request your removal from the Event if FYZICAL, in its sole discretion, considers your presence and/or behavior to create a disruption or to hinder the Event and/or the enjoyment of the Event by other attendees or speakers.

Attendee acknowledges, understands, confirms and agrees that Attendee’s attendance at, and
participation in any FYZICAL Event could result in injury to Attendee and/or damage to Attendee’s property from a combination of factors including, but not limited to, dangerous conditions at, in or about any lodging, dining, meeting, recreational and/or other facilities utilized for the Event and/or any related activities (the “Activities”), transportation of Attendee to and from the Event and/or the Activities, third-party vendors contracted to provide goods and services for the Event and its attendees, unfavorable weather conditions, and other risks to Attendee from attending the Event and participating in the Activities. Attendee fully realizes the dangers and risks to Attendee of attending the Event and participating in the Activities.

In consideration of the time, effort and expenses incurred by FYZICAL to host the Event and plan the Activities, and as a condition to Attendee being permitted to attend the Event and participate in the Activities, ATTENDEE HEREBY RELEASES, FOREVER DISCHARGES, AND AGREES NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES (AS DEFINED BELOW) WITH RESPECT TO ANY AND ALL CLAIMS AND CAUSES OF ACTION OF ANY NATURE WHETHER KNOWN OR UNKNOWN, WHICH ATTENDEE HAS OR MAY IN THE FUTURE HAVE AND WHICH COULD BE ASSERTED BY OR ON BEHALF OF ATTENDEE IN CONNECTION WITH ATTENDEE’S ATTENDANCE AT THE EVENT AND/OR ATTENDEE’S PARTICIPATION IN THE ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE, NEGLIGENCE PER SE, NEGLIGENT MISREPRESENTATION, PREMISES LIABILITY, TORT CLAIMS, BREACH OF WARRANTY, STATUTORY VIOLATIONS AND BREACH OF CONTRACT. The term “Released Parties” shall mean FYZICAL and its officers, directors, managers, employees, agents, representatives, volunteers, assigns and successors in interest. The foregoing release and waiver of claims shall not apply to claims arising from the grossly negligent, reckless or intentional conduct by any of the Released Parties.

Attendee is aware of the highly contagious nature of the novel coronavirus (“COVID-19”) and is familiar with federal, state and local laws, orders, directives and guidelines related to COVID-19, including the Centers for Disease Control and Prevention guidance on COVID-19 (collectively, the “Governmental Orders”). Attendee recognizes that the circumstances regarding COVID-19 are changing daily and the Governmental Orders are regularly updated, and Attendee accepts full responsibility for familiarizing himself/herself with the most recent updates. Attendee will comply with all Governmental Orders, and any Event-specific requirements and guidelines provided by FYZICAL or the facilities and venues at which Attendee participates in the Activities during the Event, including, without limitation, requirements related to hand sanitation, social distancing and use of face coverings. If Attendee experiences any symptoms of COVID-19 (including, without limitation, cough, shortness of breath, chills, fever, loss of taste or smell), or has come into contact with another person who has a confirmed or suspected case of COVID-19, at any time within the fourteen (14) day period immediately preceding the start of the Event, Attendee agrees not to attend the Event. If Attendee experiences any symptoms of COVID-19 while
attending the Event, or comes into contact with another person who has a confirmed or suspected case of COVID-19, Attendee will immediately notify a FYZICAL representative of such symptoms and refrain from participating in any Activities, meetings, or gatherings during the Event. Attendee understands and acknowledges that FYZICAL cannot guarantee that Attendee will not become infected with COVID-19 in connection with Attendee’s attendance at the Event and participation in the Activities and that attendance the Event and participating in the Activities may increase Attendee’s risk of contracting COVID-19. In consideration of the time, effort and expenses incurred by FYZICAL to host the Event and plan and conduct the Activities, and as a condition to Attendee being permitted to attend the Event and participate in the Activities, Attendee acknowledges and fully assumes the risk of illness or death related to COVID-19 arising from Attendee’s attendance at the Event and hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE, to the fullest extent allowed by law, FYZICAL and all other Released Parties from any liability of any kind whatsoever that might occur as a result of Attendee attending the Event and being exposed to or contracting COVID-19. ATTENDEE ACKNOWLEDGES AND AGREES THAT THIS COVID-19 ASSUMPTION OF RISK AND WAIVER OF LIABILITY IS BINDING ON ATTENDEE AND INURES TO THE BENEFIT OF FYZICAL AND THE RELEASED PARTIES. ATTENDEE UNDERSTANDS THAT BY SIGNING THIS COVID-19 ASSUMPTION OF RISK AND WAIVER OF LIABILITY, ATTENDEE IS WAIVING SUBSTANTIAL LEGAL RIGHTS.

By registering for or attending this Event, you acknowledge and consent to be recorded or
photographed and authorize FYZICAL to use your likeness, personal characteristics, and any other
proprietary and publicity rights for any such purposes without the requirement of further notice,
royalty, payment, or other compensation to or consent from you. This includes photographs, video, recordings, screenshots, written text or verbal comments/questions on the virtual platform, social media or emails (“Recording(s)”). By registering for or attending this Event you also acknowledged that all Recordings are the property of FYZICAL. We reserve the right to use any Recording taken at our Events, without the expressed written permission of those included within the Recording. We may use the Recording in publications or other media material produced, used or contracted, including, but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, social media, emails, etc. Consenting to Recording includes the use, editing, copying, publishing, and/or exhibition of the Recordings which may include your voice, name, and/or likeness, in any and all forms of media. To ensure the privacy of individuals, images will not be identified using full names or personal identifying information without written approval from the photographed subject.

Payment Terms and PCI Compliance. Registration payments for the Event are processed by third party provider(s) processing payments on behalf of FYZICAL. If you elect to pay for your registration by credit card, you are responsible for providing a valid credit card number at the time you register to pay. You represent and warrant that you are an authorized user of the credit card number provided, and you agree to pay all charges resulting from your order, including any unauthorized charges incurred prior to your notice to us of such charges. You agree that we may pass your credit card information and personally identifiable information to our designated third-party provider(s) for its use in processing the credit card payment for the registration. We will comply and will ensure that our designated third-party provider(s) comply, with any credit card processing rules and privacy regulations.

Payment. The payment of the applicable fee(s) for the Event is due upon registration. If such payment is insufficient or declined for any reason FYZICAL may refuse to admit you to the Event and shall have no liability in that regard.

Taxes. The fee(s) may be subject sales tax, value added tax, or any other taxes and duties which, if applicable, will be charged to you in addition to the fee(s). Please do not email forms with credit card information. To protect your data and to comply with PCI standards, the FYZICAL office will not accept emailed credit card information.

Attendee cancellations will be on a sliding scale. Cancellations on or before April 9th, 2023 will receive a full 100% refund. Cancellations between April 10th and May 9th, 2023 will receive a 50% refund. Any cancellations received May 10th through June 12th, 2023 will be subject to a 100% cancellation fee and no refund will be given. All retained registration fees are liquidated damages and not as a penalty. If you need to cancel for any reason, written notice must be provided to the FYZICAL Conference Organizer who can be reached at the following email - events@FYZICALhq.com.

All exhibitor cancellations must be made by providing written notice to FYZICAL Conference Organizer –kevin.mercier@fyzicalhq.com. 50% payment due at time of booth registration. Remaining balance due by May 1st, 2023. If registration is after 5/1/2023, 100% payment is due at time of registration. Exhibiting company may cancel this contract on or before 1/31/2023 without penalty. If Company cancels between 2/1/2023 and 4/14/2023, company is responsible for 50% cancellation fee on total sponsorship. Following April 15^th, 2023, Company may cancel this Contract provided, however, that Company understands and agrees that such cancellation will be subject to a cancellation fee of 100% sponsorship fees as liquidated damages and not as a penalty. FYZICAL Conference Organizer may cancel this Contract at any time for convenience. Upon such cancellation for convenience by FYZICAL Conference Organizer, FYZICAL Conference Organizer shall refund any fees previously paid by Company under this Contract at request of exhibitor.

By registering for the Event, you agree to FYZICAL’s processing of the personal data you submit as part of registration for the following purposes: to communicate with you regarding the Event for which you registered; for our internal reporting purposes;as reasonably necessary for the management and organization of the Event for which you registered; and,for any other purpose to which you consent in connection with the Event.

By registering for the Event, you agree that FYZICAL may disclose the personal data you submit as part of registration to:co-organizers of the event as reasonably necessary for the management and organization of the Event for which you registered; third-party service providers assisting FYZICAL with the Event, subject to contractually agreed conditions of confidentiality and security; or other third-parties for which you consent to disclosure in connection with the Event.

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 FYZICAL and/or the Event sponsors or speakers presenting at the Event. You may not use or reproduce or allow anyone to use or reproduce any trademarks or other trade names appearing at the Event, in any Event content and/or in any materials distributed at or in connection with the Event for any reason without the prior written permission of FYZICAL.

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 FYZICAL or any of its affiliates or grant to you any right or license to any other intellectual property rights of FYZICAL or its affiliates, all of which shall at all times remain the exclusive property of FYZICAL and its affiliates.

For the comfort and health of all attendees, smoking, vaping or use of electronic cigarettes is not
permitted at any FYZICAL sponsored functions. This includes general sessions, concurrent sessions, workshops, luncheons, receptions, and in the exhibit hall. Attendees should adhere to any signage preventing or authorizing smoking in certain locations. For the comfort and health of all attendees, smoking is not permitted at any FYZICAL sponsored functions. This includes general sessions, concurrent sessions, workshops, luncheons, receptions, and in the exhibit hall. Attendees should adhere to any signage preventing or authorizing smoking in certain locations.

The organizers of FYZICAL embrace accessibility and full participation and are dedicated to providing ADA-compliant accommodations to people of all abilities.

FYZICAL staff will assist attendees with reasonable accessibility accommodations to ensure a full experience for all. In order to plan effectively, we respectfully ask that individuals needing accommodations provide our management staff with advance notice and pertinent information during the registration process. You may indicate your desire for a member of the FYZICAL staff to contact you
directly to discuss your individual needs. FYZICAL staff will continue to make every effort to
accommodate reasonable requests we receive onsite.

In order to accommodate the environmental sensitivities of some of your peers, if at all possible, please consider that moderation and restraint in the use of perfume, cologne, or scented products in sessions and events greatly enhances the ability of individuals who suffer from chemical sensitivities to fully participate in the Event and/or Activities.

Fyzical and all organizers and sponsors of the Conference shall not be held responsible for any delay or failure in performance of their obligations hereunder to the extent such delay or failure is caused by fire, flood, natural disaster, strike or labor dispute, military authority, imposition of law or regulation, riot or civil unrest, acts of God, acts of terrorism, acts of war, epidemics, pandemics, restrictions or recommendations issued by a governmental agency or recognized health organization such as the CDC or World Health Organization, the un-availability of the Event venue or other similar exigent circumstance or emergency beyond the organizer’s and co-sponsors’ reasonable control, making it illegal, impossible, impracticable or inadvisable in organizer’s and co-sponsors’ sole discretion to hold the Event. For one or more of such reasons, the organizers and any co-sponsors of the Conference may postpone, reschedule or cancel the event without liability on their part. In the event the conference cannot be held or is postponed pursuant to this section, the organizers and co-sponsors of the Conference shall not be liable to attendee for any direct, consequential or incidental damages, costs, or losses incurred, such as transportation costs, accommodations costs, or financial losses.

FYZICAL gives no warranties in respect of any aspect of the Event or Activities 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. Neither FYZICAL nor any other Released Parties can accept any responsibility or liability for reliance by you or any person on any aspect of the Event and/or any information provided at the Event.

Other than to the extent required as a matter of law: (i) neither FYZICAL nor any other Released Party shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Event, the Activities, or other aspect related thereto.

The maximum aggregate liability of FYZICAL for any claim in any way connected with therewith or this Agreement whether in contract, tort or otherwise (including any negligent act or omission) shall be limited to the amount of the registration fee paid by you to FYZICAL under this Agreement to attend the Event.

This Agreement shall be governed by the laws of the State of Florida.

All claims and disputes arising under or relating to this Agreement are to be settled by binding
arbitration to be held in Sarasota, Florida. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall include a written record of the arbitration hearing. An award of arbitration may be confirmed in any court of competent jurisdiction.

Terms and Conditions of Attendance at Brand Triumph