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REGISTRATION CONSENT AND RELEASE OF LIABILITY
BY SUBMITTING AN APPLICATION TO ATTEND THE YOUNG AMERICANS FOR LIBERTY, INC. (“YAL”) PROGRAM(S) EXPECTED TO BE HELD ON THE DATES LISTED IN THE ACCOMPANYING REGISTRATION MATERIALS (referred to as the “Event”) AND IN EXCHANGE FOR ADMISSION TO THE EVENT, YOU (referred to as the “Applicant”) AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTRATION CONSENT AND RELEASE OF LIABILITY (referred to as the “Registration”):
AGE: If Applicant is over the age of 18, Applicant agrees that submitting this Registration serves as Applicant’s signature and legal binding consent to the terms and conditions of this Registration and YAL’s Terms of Services (available at https://yaliberty.org/terms/) and Privacy Policy (available at https://yaliberty.org/privacy/). If Applicant is under the age of 18, Applicant’s parent or guardian must review and execute this Registration on Applicant’s behalf. By submitting this Registration, Applicant’s parent or guardian is indicating their acceptance of all terms and conditions in this Registration and YAL’s Terms of Services (available at https://yaliberty.org/terms/) and Privacy Policy (available at https://yaliberty.org/privacy/).
CODE OF CONDUCT: Applicant understands that by submitting a registration application, Applicant agrees to abide by this Code of Conduct and any directives given by YAL staff, agents, or representatives and/or hotel personnel or local authorities while attending Event. Applicant agrees to behave in a manner reflective of the professional nature of Event. Lewd, profane, off-color, or inappropriate language, harassment of other attendees, YAL employees, hotel staff, or other persons present at the Event,or exhibiting inappropriate behavior, including, but not limited to, inappropriate social media posts, text messages, phone calls, emails, etc. will not be tolerated. Any violation of this Code of Conduct may result in Applicant being removed from Event and/or EVENT provided lodging and prohibited from attending any additional Event activities. Applicant further understands and agrees that underage drinking and use or possession of illegal substances is PROHIBITED. Any underage Applicant found in possession of or consuming alcoholic beverages or any Applicant found in possession or under the influence of illegal substances will be immediately banned from further participation and attendance at Event.
REGISTRATION FEES. To register for the Event, you must complete the Event registration process and pay any registration fees as described. Event registration is not complete until fees are paid. All registrations fees are non-refundable and non-transferable as capacity is limited and may have waitlists. Applicant is solely responsible for canceling any individual hotel and travel reservations as well as any related third-party cancellation fees, and Applicant shall promptly contact us at contact@yaliberty.org in writing if Applicant can no longer attend the Event.
TRAVEL: Applicant is solely responsible for arranging Applicant’s travel to and from Event. At an appropriate time as determined by YAL and in its sole discretion, YAL shall provide Applicant the Event’s schedule and Applicant is responsible for reviewing same, if desired, prior to finalizing travel arrangements. YAL, in its sole discretion, may modify the Event schedule and/or cancel the Event upon notice. YAL shall post such changes to the official Event website as soon as practicable. YAL shall not be responsible if any changes to Event schedule conflict with Applicant’s travel itinerary. Applicant may elect to accept travel assistance subject to additional terms or Event meals, where offered in writing by YAL.
LODGING: Applicant may elect to stay in a hotel room or other lodging while attending Event, where offered in writing by YAL during the Event registration process. If this option is selected, Applicant will stay in a room with one or more other Applicants and, if necessary due to the number of Event attendees, Applicant may have to share a bed with another attendee as assigned by YAL or request a hotel cot upon check-in where available (potentially for a fee to be paid by Applicant). Applicant may wish to bring a single air mattress where permitted by hotel rules. Those Applicants who elect to accept lodging provided by YAL will be assigned roommates who are of the same gender, regardless of gender identification or expression. YAL may, in its sole discretion, accept and attempt to honor roommate requests, but Applicant hereby acknowledges such rooming assignments are not guaranteed. YAL shall assign rooms in its sole discretion. Applicant may procure his/her own lodging accommodations at his/her personal expense and still attend Event. Applicant agrees to abide by all hotel and local rules, including, but not limited to, quiet hours and agrees that the only individuals who may be permitted entry into Applicant’s assigned room are Applicant and Applicant’s roommates. All guests, regardless of gender, are strictly prohibited.
Applicant agrees YAL may share Applicant’s information with the name and contact information of assigned roommate(s) prior to attending Event. The hotel may require that one roommate provide a credit card to check into the dormitory or hotel for incidental expenses. Applicant is responsible for discussing who will provide their credit card for incidental expenses with the assigned roommate(s) and reaching a resolution prior to attendance at Event. YAL shall not be liable for any expenses or property damage that occurs while Applicant is staying on hotel property. YAL shall not be liable or assume any responsibility for any disputes that may arise between roommates nor will YAL facilitate a mediation between same.
ATTENDANCE & REIMBURSEMENT POLICY: Reimbursements made available by YAL to Applicants to facilitate attendance at this Event are expressly conditioned on an accepted Applicant attending the entire Event. Attendance may be taken at the Event. Attendance will be administered and determined in YAL’s sole discretion and according to YAL’s records. Accepted Applicants not attending the entirety of the event without good cause, in YAL’s sole discretion, may no longer be eligible to receive reimbursement. Applicants seeking reimbursement for attending the Event must claim and submit all required paperwork for reimbursement in a timely manner, as directed by YAL. YAL will inform Applicants about the deadline for submitting reimbursements, and means by which to obtain reimbursement. Following the reimbursement deadline, YAL is under no obligation to honor any late or incomplete claim made by Applicant.
NON-PROFIT EVENT: YAL’s event is intended solely to advance its tax exempt mission. No political activity, as defined by the Internal Revenue Service, is permitted by any third party at YAL’s event. No stickers, pins, t-shirts, or other materials promoting a candidate for public office at the time of the event should be worn, displayed, or otherwise visible by members of the audience. I understand that attendees will not promote any other groups or organizations without express written permission from YAL.
DATA USAGE: Applicants may opt into receiving YAL text messages or e-mails as part of registering for this Event. By sharing your information with YAL, you agree that we may use your information to contact you about this event and other activities, such as activism opportunities or registration for future events, as disclosed to you at the point of collection, or in any other manner that advances our educational purposes. This includes, without limitation, adding your e-mail address to receive YAL emails and receipt of telephone calls and text messages to your cell phone. You affirm that the cell phone number provided at registration is your own, and that YAL may call and/or send text messages to this phone number to provide information regarding your application or registration for this event, as well as future YAL events and programming. You understand that message and data rates may apply to any such messages. We may share or transfer your information with our affiliates and any other organizations or entities for similar purposes.
THIRD PARTY APPLICATIONS, WEBSITES, AND/OR MATERIALS: YAL may elect to utilize and/or partner with third-party vendors whose services and/or materials YAL determines may increase the efficiency and enjoyment of Event. Such services may include event booths or an Event app for use by attendees that provides information about the Event schedule, networking opportunities, and other such relevant Event information or the provision of products for use by attendees. Applicant hereby recognizes and agrees that the provision of such services and/or products may be subject to the relevant third-party’s terms and conditions and/or privacy policies that are neither controlled nor managed by YAL. It is solely Applicant’s responsibility to review such policies before using any such products and Applicant hereby assumes any and all risks and liability related to such use. YAL hereby expressly disclaims any and all liability related to such third-party services and/or products, the intended features and/or functions, and Applicant’s intended use thereof.
ACKNOWLEDGMENT OF RISKS: Participating in Event includes dangers and risks, foreseeable and unforeseeable, inherent in any physical activity or widely attended event or conference as well as the potential for falls and collisions between Event attendees. Applicant hereby acknowledges that Applicant has been advised to have a personal medical insurance policy in place prior to attending the Event. Applicant hereby acknowledges and understands Applicant’s attendance at the Event may result in injuries to Applicant or others. Applicant acknowledges and understands that the following describes some potential, but not all, types of risks: 1) Falling; 2) An “act of nature” which may include inclement weather, thunder and lightning, severe and/or varied wind, temperature or weather conditions; 3) Personal injury or property damage incurred during travel to or from an activity; 4) Risks typically associated with the aforementioned activities or attending a widely attended event or conference; 5) Attack by or encounter with pets or other animals; 6) Accidents or illnesses occurring in remote places with limited availability of medical facilities; 7) Physical injury caused by persons encountered during the aforementioned activities or attending a widely attended event or conference; and 8) Potential illness due to Applicant’s travel arrangements and/or participating in a widely attended event or conference. Applicant further understands this is a non-exhaustive list of the potential risks and hazards inherent to attending Event, and YAL hereby disclaims any and all liability for Applicant’s involvement in or attendance at Event.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: Applicant hereby acknowledges that attending Event entails risks of injury, illness, or death and agrees to assume full responsibility for the risks both specified and not specified herein. Applicant’s involvement in or attendance at Event is voluntary. Applicant understands and has been advised Applicant may have an attorney review this Registration prior to Applicant’s submission of the Event application. By submitting the Event registration form, Applicant is indicating Applicant’s knowing and free acceptance and agreement to the terms and conditions in this Registration. Applicant hereby agrees and affirms: (a) Applicant is physically and mentally capable of attending the Event and participating in all Event activities; (b) Applicant assumes full responsibility for the risks of personal injury, accidents, or illness as a result of Applicant’s attendance or participation in the Event that may result from the inherent and/or unexpected risks, hazards, and/or dangers, including, but not limited to: sprains, torn muscles and/or ligaments; fractured or broken bones; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration; exposure; head, neck, and/or spinal cord injuries; animal bites or attacks; exposure to viral, bacterial, and/or other illnesses; and/or death; and (c) Applicant hereby waives any claim related to any resultant expenses or damages that occur due to Applicant’s attendance or participation in Event, including property damage. (d) Applicant is informed of the risks and responsibilities and voluntarily agrees to follow the directions of YAL and/or its agents, hotel personnel, and/or local authorities at the Event.
WAIVER AND RELEASE OF LIABILITY: In consideration for participation in this event or program, the receipt and sufficiency of which consideration is acknowledged,Applicant, Applicant hereby waives any claims Applicant, Applicant’s heirs, executors, successors, administrators, assigns and whomever else may have an interest now or in the future releases YAL from any and all liability arising from or related to Applicant’s attendance or involvement in Event. Applicant assumes and accepts full responsibility as described in this Registration.
PHOTO AND VIDEO RIGHTS: Applicant understands and agrees that YAL may photograph and/or film different aspects of Event, including Applicant. By attending YAL’s event, you irrevocably consent and authorize YAL and its affiliates, employees, related companies, and contractors, to record, film, photograph, broadcast, or otherwise capture during the event and related events your likeness, image, voice, or any other indicia of identity in any media whatsoever and to distribute, use, broadcast, or disseminate into perpetuity such media for any purpose whatsoever without any further approval from you or any compensation of any kind to you. The images in all media will constitute YAL’s sole property. YAL will have the right to use your likeness, image, voice, or other indicia of identity, including, but not limited to, the right to produce, publicly perform, transmit, exhibit, publicly display, print, reproduce, televise, broadcast, transfer, modify, distribute, create derivative works of, and otherwise use for any lawful purpose, in whole or in part, in any location throughout the world through any means or medium or format without limitation, any Subject Matter, all without prior inspection or further consent or approval by the undersigned of the finished product(s) or of such use, together with irrevocable, perpetual, worldwide and royalty-free rights, title and interest in and to any and all results and proceeds from any such use.Applicant waives any and all claims for libel, slander, invasion of privacy, infringement of copyright or right of publicity, or any other claim related to use of Applicant’s name or likeness in images and/or video footage obtained during Event.
DISPUTE RESOLUTION: Except for temporary, preliminary, or permanent injunctive relief or any other form of equitable relief, the Parties agree that all disputes arising out of or related to this Registration shall be submitted to a single arbitrator for binding arbitration under proceedings conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Either party may choose to have the AAA administer the arbitration if such party advances all AAA fees and expenses, subject to final apportionment. Otherwise, a neutral arbitrator mutually agreed upon by the Parties shall administer the arbitration in a mutually agreeable arbitration forum located in Virginia. The Parties agree that any law school arbitration clinic or program is an acceptable arbitration forum. The award of the arbitrator shall be limited to remedies otherwise available in court and shall include a written explanation of the decision. The non-prevailing party shall bear the fees of arbitration and the other party’s reasonable attorneys’ fees. Applicant further agrees all claims related to this Event Registration shall proceed on an individual (non-class and non-representative) basis and Applicant affirmatively waives the right to initiate and/or participate in any such proceedings, that the presiding arbitrator is limited to awarding relief on an individual (non-class and non-representative) basis, that the arbitration proceedings and any specified award shall remain confidential except where disclosure may be necessary in connection with a court application for a preliminary injunction, judicial challenge to an award or enforcement thereof, or otherwise required by law or judicial decision, and that Applicant hereby knowingly and voluntarily waives any right to a jury trial or an appeal to a state or federal court of appeal, concerning any such dispute. APPLICANT AGREES ALL SUCH DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION AND NO CLASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION.
GOVERNING LAW AND VENUE: This Registration and any rights, duties and obligations as between the Parties to this Registration shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of laws principles. To the extent a party requests temporary, preliminary, or permanent injunctive relief or any other form of equitable relief, such issues shall be exclusively litigated in the state or federal courts located in the City of Alexandria in the Commonwealth of Virginia, and Applicant hereby waives any right to object to such filing on jurisdiction, venue, forum non-convenient, or similar grounds.
Severability. If any provision of these terms and conditions are held to be invalid or unenforceable that provision will be eliminated or limited to the minimum extent possible, and the remainder of these terms and conditions will remain in full force and effect.
Understanding and Acceptance. Applicant confirms they understand and have had a full opportunity to review these terms and conditions. Applicant has had the opportunity to have these terms and conditions reviewed by a legal counsel of their own choosing. In the event of any dispute between the Parties regarding any ambiguity or inconsistency in this terms and conditions, the adjudicating body will use a neutral construction not favouring either Party. Applicant understands and agree that these terms and conditions constitute the full entire agreement between Applicant and YAL and supersede any prior oral or written understanding or agreement. No modifications, alterations, or amendments may be made to the terms and conditions unless done in writing and agreed to by both parties. Applicant accepts these terms freely and declares their intention to bound by the terms. Applicant acknowledges these terms shall be construed broadly to provide a full release and waiver to the maximum extent permissible under applicable law.