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.

Event Admission

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.

Member Liability Release and Waiver; Indemnification

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”), participation in Activities, or interactions with other attendees, vendors , or staff, 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.

Photo/Audio/Visual Release

By registering for or attending this Event, you acknowledge and consent to being recorded, photographed, or otherwise captured in any media, and authorize FYZICAL to use your likeness, image, voice, and any contributions made during the Event for promotional, educational, or other purposes without further notice or compensation. This includes photographs, video recordings, audio recordings, written text, or verbal comments/questions.

All recordings and materials are the property of FYZICAL. We reserve the right to use any such media in publications or other media materials produced, used, or contracted by FYZICAL, including but not limited to brochures, invitations, books, newspapers, magazines, television, websites, social media, and emails.

We are committed to respecting your privacy. Images and recordings will not be identified using full names or personal identifying information without your written consent, except as necessary for the legitimate purposes stated above.

Event Content

You acknowledge and agree that FYZICAL, in its sole discretion, reserves the right to change any and all aspects of the Event and/or the Activities, including but not limited to, the Event name, themes, content, program, speakers, performers, hosts, moderators, and time.

Fee(s)

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.

Substitution and Cancellation Policies

Attendee cancellations will be handled on a sliding scale:

• Cancellations on or before January 20, 2025: Full 100% refund.
• Cancellations between January 21 and February 20, 2025: 50% refund.
• Cancellations received between February 21 and March 23, 2025: No refund; subject to a 100% cancellation fee.

All retained registration fees are considered liquidated damages and not a penalty. If you need to cancel for any reason, written notice must be provided to the FYZICAL Conference Organizer at events@fyzicalhq.com.

Exhibitor Sponsorship(s) Cancellation Policy

• Cancellation on or before November 1, 2024: No penalty.
• Cancellation between November 2, 2024, and February 14, 2025: Subject to a 50% cancellation fee on the total sponsorship amount.
• Cancellation on or after February 15, 2025: Subject to a 100% cancellation fee on the total sponsorship amount.

Cancellations must be made by providing written notice to kevin.mercier@fyzicalhq.com. FYZICAL may cancel this contract at any time for convenience. Upon such cancellation, FYZICAL shall refund any fees previously paid by the company under this contract at the request of the exhibitor.

Following your reservation, you can access your company's profile to edit booth info, complete payments online and more. 

*Additional ancillary sponsorship opportunities and logistic packages will be available as event nears. If you would like to complete payment via check, make check payable to FYZICAL, LLC and mail to:

FYZICAL, LLC
Attn: Kevin Mercier
1751 Mound Street, Suite 107
Sarasota, FL 34236

Privacy Policy

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.

Intellectual Property

All intellectual property rights in and to the Event, Event content, and all materials distributed at or in connection with the Event are owned by FYZICAL, its affiliates, sponsors, or speakers. You may not use, reproduce, distribute, or allow anyone to use or reproduce any trademarks, logos, or other proprietary information appearing at the Event or in any Event content without the prior written permission of FYZICAL.

Nothing in this Agreement grants you any rights, licenses, or permissions to any intellectual property owned by FYZICAL or its affiliates, except as expressly stated. All such rights are reserved and remain the exclusive property of FYZICAL and its affiliates.

Alcoholic Beverages (On-Site Only)

Recognizing the nature of social events and the potential for alcohol abuse at conferences, FYZICAL will provide non-alcoholic beverage options at all sponsored Events and Activities. Attendees are responsible for their own well-being and agree that neither FYZICAL nor its sponsors will be held accountable for any incidents resulting from excessive drinking, recklessness, or negligence.

Smoking

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

Conference Accessibility

FYZICAL is committed to ensuring that all attendees have equal access to our Events and Activities. We strive to provide an inclusive and welcoming environment that complies with the Americans with Disabilities Act (ADA) and all applicable laws.

FYZICAL staff will assist attendees with reasonable accommodations to ensure a full experience for all. To help us plan effectively, we respectfully ask that individuals needing accommodations provide our team 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. We will make every effort to accommodate reasonable requests, including those received onsite.

In consideration of attendees with environmental sensitivities, we encourage all participants to minimize the use of perfumes, colognes, and scented products during the Event. This consideration helps ensure that all individuals, including those with chemical sensitivities, can fully participate in the Event and Activities.

Force Majure

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.

Warranties and Limitations of Liability

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.

Governing Law and Dispute Resolution

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.