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In consideration for being permitted to participate in Wellness Your Way Festival (“WYWF”) fitness training sessions and/or related fitness activities (individually and collectively, the “Activity”) as well as the benefits that I will derive from my participation in the Activity, I hereby represent and agree as follows:

Representations. (a) I am physically fit and able to participate in the Activity; I am in good health, and I am unaware of any medical condition which might make my participation inadvisable. (b) I have no pre-existing physical limitation or condition which may be aggravated or harmed by my participation in the Activity. (c) I acknowledge my responsibility to acquire and maintain, during the period of each Activity, health insurance coverage sufficient to provide for all medical, vision or dental services and/or equipment required to treat any injury related to my participation in the Activity. (d) I hereby represent that I have such insurance coverage in effect as of the date set forth below. I understand that WYWF carries no dental, medical, vision or other health insurance for any participant and that I am solely responsible for securing my own health insurance coverage. (e) I acknowledge that I have had the opportunity to ask WYWF representatives any questions that I may have about the Activity (including but not limited to the various activities that comprise the Activity) that I believe are necessary in order to decide whether I am able to participate in the Activity and make the above representations. I represent that all such questions have been answered to my complete satisfaction. In connection with the above, I further represent that I have had an opportunity to inspect the equipment to be used in the Activity prior to my participation in it and, based upon my inspection; I have found all equipment to be in good condition and in proper working order.

Assumption of Risk. I acknowledge that my participation in the Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I understand that the specific risks can and do vary from one activity to another and that these risks range from (a) minor injuries such as scratches, bruises, and sprains, to (b) major injuries such as eye injury or loss of sight, joint or back injuries, disfigurement, heart attacks, and concussions to (c) catastrophic injuries including paralysis and death.

Release of Liability. I, on behalf of myself, heirs, assigns, personal representatives and estate hereby release, forever discharge and covenant not to sue WYWF and the City and County of Denver and SMG, their owners, managers, members, officers, employees, partners, sponsors, guests, volunteers, agents, advisors and insurers (the “Released Parties”) from any and all liability from all claims, actions, suits or other proceedings resulting in personal injury, including death, accident, illness or property damage, I may suffer or sustain, regardless of fault, arising from or in connection with, my participation in the Activity, the equipment used during the Activity (whether provided by WYWF, a third party or myself) and the building or facilities where the Activity was located.

Indemnification. I hereby voluntarily release, forever discharge and agree to indemnify, defend and hold harmless the Released Parties from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys’ fees, brought as a result of my participation in the Activity, the equipment used during the Activity (whether provided by WYWF, a third party or myself) and the building or facilities where the Activity occurred and to reimburse the Released Parties in full for any such expenses incurred.

Name and Likeness. I hereby grant to WYWF, its licensees, successors and assigns, the right to photograph and/or videotape me during my participation in the Activity and further grant WYWF the right to display, reproduce, use and/or otherwise exploit my appearance, image, testimonials, likeness, name and voice in perpetuity and throughout the world, in all media, whether now known or hereafter devised, and in all forms and formats, for any purpose whatsoever, without compensation, reservation or limitation. I understand that no photograph, videotape or other material of any kind needs to be submitted to me for my prior approval or inspection and I hereby release WYWF and the City and County of Denver and SMG, its licensees, successors and assigns from any and all liability for any actual or alleged distortion of appearance, image or likeness as depicted in any photograph, videotape or other visual or audio-visual work resulting from its publication as well as any advertising copy or other printed materials that may be used in connection therewith or the use to which it may be applied. I agree that any visual or audio-visual work which depicts me (in whole or in part) shall be owned by WYWF and that WYWF may copyright same. To that end, I hereby assign and transfer to WYWF all right, title and interest in and to my appearance, image, likeness, and voice as embodied in any audio, audio-visual or visual work. I agree that WYWF shall have the sole and exclusive right, title and possession to all original negatives, videotapes and related materials that may embody My Picture. I acknowledge that WYWF is under no obligation to exercise any rights granted herein.

Miscellaneous. If any part, article, paragraph, sentence or clause of this consent and release is not enforceable, the affected provision shall be curtailed and limited to the extent necessary to bring it within the requirements of the law, and the remainder of this consent and release shall continue in full force and effect. This consent and release shall be governed by the laws of the State of California. All provisions of this consent and release shall survive the termination or expiration of any Activity or my participation in any Activity contemplated hereby.

I knowingly intend my acceptance of this consent and release to be a complete defense to any legal or equitable proceeding that may be brought by me, or any person on their own or on my own behalf, for any personal injury, including death, accident, illness or property damage, including theft, I may suffer or sustain as a result of my voluntary participation in the Activity, and further intend this consent and release to be a complete and total release of liability for all negligent acts, failure to act, or breaches of duty owed to me, which result in my personal injury, accident, illness and/or property loss as a result of my participation in the Activity, the equipment used during the Activity (whether provided by WYWF, a third party or myself) and the building or facilities where the Activity occurred and to reimburse the Released Parties in full for any such expenses incurred. I represent that I am 18 years of age or older, that I am legally competent and capable of executing this consent and release on my own behalf and as a parent or guardian on behalf of my child who is participating in the Activity; that I have read the foregoing and have made a conscious decision to sign it of my own free will. I further represent that I understand and agree to the terms of this consent and release and have received a copy of same.

REMINDER: Photography of any kind is not permitted at Wellness Your Way Festival (“WYWF”) without a press credential. Videography of any kind is not permitted without a Press Lounge staff escort or a special credential. 

Press badges are reserved for well-qualified editorial staff from approved media outlets. Press credentials are not carried over year to year, you must register each year.  This admission will allow eligible news reporters, online media, influencers, photographers, or camera persons access to festival during public show hours.  A detailed list of eligible personnel is below. 

WYWF reserves the right to refuse media badges, without cause, during pre-registration as well as onsite media registration. Due to high demand, media badges are limited in number.

Press Badge privileges include:

  • Admission to WYWF
  • Priority entry to all panels (limited)
  • Complimentary access and assigned seating for certain events/concerts. (Subject to availability. Tickets are either distributed by invite only or on a first-come-first-serve basis in the Press Lounge.)
  • Access to Press Lounge and press conferences.
  • Press badges will not be granted to personal blogs or photo gallery websites.
  • Outlet must be at least two years old.
  • You must be able to provide relevant coverage from other events.
  • Applying for a press badge does not guarantee a press badge.
  • Press badges are limited. Verification and approval is ultimately at the discretion of WYWF.
  • Press badges are not eligible for mailing and must be picked up on-site by each registrant.

Photography/Videography Policy:

  • All media must have a PRESS credential displayed at all times.
  • All video cameras and television cameras must be escorted on the show floor by WYWF Press Lounge staff, unless approved in advance.
  • Time slots for video crew escorts are available on a first-come, first-serve basis.
  • Television cameras approved to be on the floor without an escort must display their PRESS credentials at all times.
  • Interviews with a WYWF spokesperson should be arranged through a member of the Press Lounge staff.
  • Press attending any session should ensure their badge is visible and identify themselves as media at the beginning of the session.
  • At the discretion of WYWF staff, special event venue management, and/or the featured speaker, Press may not be permitted to participate in some programs or events.
  • Advertising and sales personnel do not qualify for press credential.

Eligible Personnel:

  • Qualified press—who wishes to photograph or film at the show is required to check in at the Press Lounge on-site to sign a waiver and receive authorization upon each day of filming.
  • Live TV and nationally syndicated film crews must check in at the Press Lounge and must be approved on-site in order to photograph and/or videotape at the show.
  • Private consultants who are paid by an individual company are not eligible for a press badge. Sponsors/Exhibitors and their private consultants are permitted to photograph and videotape their own booth only.
  • Photographers and videographers are required to obtain permission before filming any exhibitor’s booth and must refrain from filming those who do not grant permission.
  • Qualified press who have obtained press passes and are photographing and/or filming at the show may not, under any circumstances, solicit payment from exhibitors for service. Those who are found to be soliciting payment will have their press passes immediately revoked, and may be banned from future events.
  • Filming, videotaping and photography are prohibited at all events, panels, sessions or workshops of any form, including keynote presentations. Sponsors/Exhibitors and their private consultants may film, photograph and/or videotape their own exhibitor-presented session only.
  • Attendee indemnifies and holds harmless Wellness Your Way Festival, LLC and Inclusion Companies, LLC, their respective parent, subsidiaries, affiliates, assignees, licensees, guests or otherwise, with respect to any claims from any third party claims whatsoever arising from Attendee’s media activities under this waiver.
  • Photographers and videographers are required to ask permission before filming and must refrain from filming those who do not grant permission. Sponsors/Exhibitors are permitted to photograph and videotape their own booth only. Sponsors/Exhibitors who do not want the press to photograph or videotape their booth should inform the Press Lounge staff onsite.
  • No other photography or videography is permitted. We reserve the right to refuse entrance to any photographer/videographer.

Please note: WYWF has the right to refuse or withdraw media credentials or guest passes at anytime for any reason in its sole discretion. If you have questions about press credentials, please contact us at press@wellnessyourwayfestival.com.

Please visit contact us for our Brand page for logos and guidelines.  You may use these logos for any press related needs you may have.

The Press Lounge provides complimentary internet in a quiet environment for work. A valid WYWF 2019 Press badge is required for entry.

Last Updated: 4/3/19

These Sponsorship and Festival Marketing Terms and Conditions supplement the terms and conditions applicable in (i) the sponsorship section of the sponsorship contract or (ii) other similar documents that references these terms and conditions.  Now therefore, in consideration of the foregoing and the mutual benefits and promises set forth in this terms and conditions and Agreement and other good and valuable consideration the sufficiency of which is hereby acknowledged, Organizer and Sponsor agree as follows:

  1. Term.  This Sponsorship Agreement will commence on the Effective Date and expire at the conclusion of the applicable 2019 Event (the “Term”).
  2. Description of the 2019 Event(s). The first 2019 Event will be in Denver, Colorado and run from August 16, 2019 to August 18, 2019, in the Colorado Convention Center (the “Denver Event”); and the second 2019 Event will be in Cincinnati, Ohio from October 11, 2019 to October 13, 2019, in the Duke Energy Convention Center (the “Ohio Event”, the Denver Event and the Ohio Event are collectively referred to herein as the “2019 Event”).  The applicability of which 2019 Event is referred to herein is based on the ‘sponsorship market’ indicated on the applicable sponsorship contract.
  3. Obligations of Sponsor.

3.1.  Sponsorship Fee.  Sponsor will pay Organizer the fee set forth in the Sponsor Contract (overdue amounts are subject to interest at the rate of 1.5% per month or, if less, the maximum rate permitted by applicable law) due and payable set forth in the Sponsor Contract.  Failure to make timely payment shall result in a forfeiture of Sponsor’s sponsorship rights and benefits.

3.2.  Additional Costs.  For the avoidance of doubt, Sponsor must pay for all activation/exhibitor and marketing costs; such costs are in addition to the Sponsorship Fee.  Organizer shall only provide the location. For example, Sponsor shall pay for: Event product costs for display and sampling, delivering and storing its own product(s), power, Wi-Fi, signage, transportation/fees/per diem/lodging of Sponsor’s employees, independent contractors, staff, guests, panelists, celebrities that Sponsor wishes to bring to the 2019 Event and at 2019 Event site.

  1. Sponsorship Rights and Benefits.  Subject to Sponsor’s fulfillment of its obligations hereunder, Organizer will provide Sponsor with the specific rights and benefits set forth in the Sponsor Contract.
  2. 5. Proprietary Rights.

5.1.  Licenses.

5.1.1.  Organizer Licenses.  Organizer hereby grants to Sponsor a limited, non-exclusive license to use Organizer’s name and accompanying logo service marks (“Organizer Licensed Marks”) to promote the 2019 Event during the Term.  Sponsor shall not sublicense or transfer Sponsor’s license to use the Organizer Licensed Marks to any person or entity without the prior written consent of Organizer.  Sponsor may only use the Organizer Licensed Marks for the limited purpose of advertising its affiliation with the 2019 Event.

5.1.2.  Sponsor Licenses.  Sponsor grants to Organizer a limited, non-exclusive license to use Sponsor’s name, logo, service marks and trademarks (“Sponsor Licensed Marks”) to promote the 2019 Event, as well as to include Sponsor in listings and descriptions of 2019 Event sponsors, including for post 2019 Event promotional activities and to promote future events. Organizer shall not sublicense or transfer Organizer’s license to use the Sponsor Licensed Marks to any person or entity without the prior written consent of Sponsor.

5.2.  Announcements and Confidentiality.  Sponsor and Organizer each acknowledges that the terms and conditions of this Sponsorship Agreement and all non-public information and data provided by each Party to the other pursuant to this Sponsorship Agreement (collectively, “Confidential Information”) are confidential.  Sponsor and Organizer each agrees that it will not use Confidential Information for any purpose other than in connection with the performance of its obligations or the exercise of its rights under this Sponsorship Agreement, or disclose Confidential Information to any person other than its officers, employees, agents, representatives, attorneys, accountants, financiers, banks, distributors, wholesalers, retailers, exhibitors, licensees and permitted assignees on a need-to-know basis only, or unless and only to the limited extent compelled by law, subpoena or court order to disclose same.  Neither Party will issue any press release or public announcement which mentions the actual terms of this Sponsorship Agreement without the prior written approval of the other Party; either Party may make public statements without the other Party’s consent regarding the fact that Sponsor is a sponsor of the 2019 Event.

  1. 6. General Liability Insurance.  During the Term of this Sponsorship Agreement each Party shall maintain in full force and effect at its own expense comprehensive general liability insurance, including events coverage. The policy shall contain a combined single limit of liability of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.  Such insurance shall specifically name the other Party as additional insured in accordance with their additionally insured requirements for all claims arising out of this Sponsorship Agreement.
  2. Default and Termination.  Neither Party shall be in default hereunder unless the Party fails to cure any alleged breach of this Sponsorship Agreement within ten (10) business days after receipt of written notice from the other Party (via only the approved means of notification identified in Paragraph 11.1 below) and must explicitly contain the following information: (i) the exact nature of the claimed default or breach, (ii) a statement that the writing constitutes a “formal notice of default”, and (iii) the date in which the breach must be remedied according to the terms of this paragraph.  If this Sponsorship Agreement is terminated due to Sponsor’s uncured material breach, Organizer shall retain the Sponsorship Fee. If this Sponsorship Agreement is terminated prior to the 2019 Event due to Organizer’s uncured material breach, then Organizer shall return the Sponsorship Fee. If this Sponsorship Agreement is terminated prior to the 2019 Event due to a Force Majeure Event (as defined below), Organizer shall return the unused portion of the Sponsorship Fee.
  3. 8. Representations, Warranties and Covenants.

8.1.  Organizer hereby represents and warrants that (a) Organizer is a limited liability company duly organized and validly existing under the laws of the State of California, with its principal place of business in the State of California; and (b) Organizer has the full right, power, and authority to enter into and perform this Sponsorship Agreement.

  1. Indemnification.  

9.1.  Sponsor will defend, indemnify and hold harmless Organizer, any parent, affiliate, distributor, licensee or assignee of Organizer, and its and their respective owners, shareholders, members, managers, officers, directors, employees and agents from and against all Claims arising out of or in connection with (a) any exploitation of the Sponsor Licensed Marks or any other rights hereunder; (b) any other material of any kind supplied by Sponsor hereunder, including, but not limited to, foods, drinks and other consumables distributed or handed out at the 2019 Event; (c) any illegal act committed by Sponsor in connection with the Sponsorship Agreement or the 2019 Event; (d) the improper use by Sponsor of the Organizer Licensed Marks accessed by or provided to Sponsor; or (e) any breach by Sponsor of any representation, warranty or agreement set forth in this Sponsorship Agreement.  

9.2.  Organizer will defend, indemnify and hold harmless Sponsor, any parent or affiliate, and its and their respective owners, shareholders, members, managers, officers, directors, employees and agents from and against all Claims, arising out of or in connection with (a) any exploitation of the Organizer Licensed Marks or any other rights hereunder; (b) any other material of any kind supplied by Organizer hereunder; (c) any illegal act committed by Organizer in connection with the Sponsorship Agreement or the 2019 Event; (d) the improper use by Organizer of the Sponsor Licensed Marks accessed by or provided to Organizer; or (e) any breach by Organizer of any representation, warranty or agreement set forth in this Sponsorship Agreement.  

9.3.  “Claims” shall mean third-party claims, losses, liabilities, actions, judgments, costs and expenses of any kind (including without limitation reasonable outside attorneys’ fees and costs).

  1. Waiver of Injunctive Relief / Remedies.  Sponsor’s rights and remedies in the event of a breach of any terms and conditions of this Sponsorship Agreement shall be limited to sole and exclusive right, if any, to recover damages in an action at law, and in no event shall Sponsor, its affiliates, successors or assigns be entitled to enjoin or restrain or otherwise interfere with the operation or promotion of the 2019 Event, publication or dissemination of any advertising in connection therewith. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR HAVE A RIGHT AS AGAINST THE OTHER FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR EXEMPLARY/PUNITIVE DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ORGANIZER’S AGGREGATE LIABILITY EXCEED THE TOTAL SPONSORSHIP FEE ACTUALLY PAID BY SPONSOR TO ORGANIZER HEREUNDER.
  2. General.

11.1.  Notices.  All notices, accountings, payments and any other document that either of the parties is required or may desire to serve upon the other party (“Notices”) must be in writing and shall be deemed to have been duly given or made: (a) if sent by personal delivery, on the day it is delivered; (b) if sent by registered or certified mail, postage prepaid and return receipt requested, on the fifth day after depositing in the mail; or (c) if sent by a nationally-recognized overnight or express courier, all postage and other charges prepaid, on the next business day after it is sent.  Notices to Organizer will be sent to Organizer at Wellness Your Way Festival LLC, Attention: Business and Legal Affairs, 3435 Ocean Park Blvd., Ste. 107-628, Santa Monica, CA 90405, with copy to legal@inclusioncompanies.com; and Notices to Sponsor will be sent to Sponsor at the address provided on the Sponsor Contract.

11.2.  Force Majeure. Neither Party shall be liable for damages for its failure to perform due to contingencies beyond its reasonable control, including, but not limited to, fire, storm, flood, earthquake, explosion, accidents, public disorders, sabotage, acts of terrorism, acts of war, labor shortages and/or disputes, riots or acts of God (each, a “Force Majeure Event”).

11.3.  Severability; Entire Agreement; Modifications. The invalidity or unenforceability of any provisions of this Sponsorship Agreement shall not affect the validity or enforceability of any other provision of this Sponsorship Agreement, which shall remain in full force and effect.  This Sponsorship Agreement is the complete and final agreement between the parties with respect to the subject matter hereof. This Sponsorship Agreement may not be changed or modified, or any covenant or provision hereof waived, except by an agreement in writing.  

11.4.  Governing Law; Exclusive Jurisdiction. This Sponsorship Agreement will be construed in all respects in accordance with the laws of the State of California applicable to agreements entered into and to be wholly performed therein.  No delay in enforcing any right under this Sponsorship Agreement will constitute a waiver of such right. All disputes arising under this Sponsorship Agreement that cannot be resolved informally will be submitted for confidential binding arbitration before a single arbitrator (who shall have experience in the entertainment industry) in Los Angeles, California pursuant to the rules of the American Arbitration Association.  The award of the arbitrator will be final and binding and may be entered for judgment in any court of competent jurisdiction in Los Angeles County. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of this Sponsorship Agreement), if any, that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County.  The parties shall each bear their own respective costs and attorneys’ fees.

11.5.  Rules of Construction.  Paragraph headings are used in this Sponsorship Agreement for convenience only, and will not be used to interpret or construe the provisions of this Agreement.

11.6.  Relationship of the Parties.  Nothing contained in this Sponsorship Agreement is intended or is construed to create any association, agency, partnership, joint venture or labor relationship, whether actual or apparent between the parties.  Except as may be expressly provided herein, no Party shall have any expressed or implied right or authority to assume or create any obligations on behalf of or in the name of any other Party or to bind any other Party to any contract, agreement or undertaking with any third party.

11.7.  Amendments to Standards, Rules and Policies.  Organizer reserves the right to modify all standards, rules and policies, and to adopt additional standards, rules and policies in its sole discretion.  Any such additions and modifications shall be made available promptly to Sponsor and shall be effective immediately upon adoption, and Sponsor agrees to comply with all such modifications and additions.

This Agreement was last updated on April 3, 2019.

  1. ELIGIBLE EXHIBITS. Organizer reserves the right to determine whether any company or product is eligible for inclusion in the Festival. This determination may be made at any time before or after the start of the Festival. Exhibitor or its agent/agency must have no outstanding past due invoices and/or obligations with Organizer or its affiliates. Past due invoices billed to the exhibitor or its agent/agency must be paid before exhibitor will be allowed access to the Festival.
  2. If an exhibiting company is acquired by another company, the acquiring company will become liable for the full exhibit and/or sponsorship fees.
  3. AMERICANS WITH DISABILITIES ACT (ADA). All exhibiting companies are required to be in compliance with the Americans with Disabilities Act (ADA) and are encouraged to be sensitive, as reasonably accommodating as possible, to attendees with disabilities. Information regarding ADA compliance is available from the U.S. Department of Justice ADA Information Line (800-514-0301) and at usdoj.gov/crt/ada/infoline.htm.
  4. FLOOR PLAN. The floor plan for the Festival will be maintained as originally presented, wherever practicable. However, Organizer reserves the right, in its sole discretion, to modify the floor plan to the extent necessary for the best interests of the Festival, the exhibitors, and the industry. All measurements shown on the floor plan are approximate, and Organizer reserves the right to make such modifications as may be deemed necessary, making equitable adjustment for any exhibitor thereby affected.
  5. EXHIBIT SPACE ASSIGNMENT. Organizer is hereby authorized to assign exhibit space based on availability and in accordance with the Exhibitor’s top choices whenever possible. Organizer reserves the right to alter the location of exhibit spaces, at its sole discretion, in the best interest of the Festival. Organizer will do its best to accommodate exhibitor requests not to be placed near a competitor, but such requests cannot be guaranteed. Exhibitor must rent sufficient space to contain its exhibit completely within the confines of the booth lines. Equipment may not extend into the aisles, over the aisles, or across exhibitor’s purchased booth line. Heights and depths specified in applicable Exhibitor agreement must be strictly observed.
  6. EXHIBITOR SERVICES MANUAL AND FESTIVAL POLICIES. An Exhibitor Services Manual containing detailed information will be available and provided to Exhibitor by Organizer’s selected third-party exhibition contractor. The Exhibitor Services Manual will contain, among other things, information regarding shipment, labor, electrical service, rental items and exhibit hours. All services, such as furniture, carpeting, labor, cleaning, storage of boxes and crates, shipping and other special services can be arranged through the official Organizer’s exhibit services contractor. Exhibitor must abide by the regulations and guidelines included in the Exhibitor Services Manual. Organizer shall have sole control over the official Festival policies applicable to attendees, which will be available on the Festival website.
  7. EXHIBIT CONSTUCTION AND LAYOUT. Show Management reserves the right to control the layout of the exhibit hall. Detailed regulations governing the construction, height, and layout of exhibits will be included in the Exhibitor Services Manual.  These rules and regulations are to be considered an addendum to this document and are subject to the full power and enforcement as set forth herein.  If you require immediate access to these Rules and Regulations, please reference your service manual under the Rules and Regulations tab or contact Show Management for a copy. Each exhibitor will be held accountable for abiding by these rules and regulations governing stand construction and height limitations. The exhibitor will also be responsible for any cost necessary to finish off the back wall and open area behind their pop-up, and/or hard wall structure. No cartons may be stored behind the booths.
  8. EXHIBIT REQUIREMENTS & RESTRICTIONS – Use of Space. All demonstrations or other sales activities in the Exhibit Hall must be confined to the limits of an exhibitor’s contracted exhibit space. The aisles, passageways and overhead spaces remain strictly under control of Organizer and no signs, decorations, banners, advertising material or special exhibits will be permitted in the aisles except by obtaining the prior written permission of Organizer. It is the Exhibitors’ responsibility to bring a display that properly fits within the contracted space.
  9. SHARING/SUBLETTING SPACE. Exhibitor shall not assign, sublet, subcontract or apportion the whole or any part of the space allotted, and may not share exhibit space or allow representatives, equipment, or materials from any subsidiary, division, or any other company or entity in exhibitor’s space without including the name(s) of such subsidiary, division or other company or entity on the exhibit space contract and obtaining the prior written consent of Organizer. Should exhibitor decide to cancel, the exhibit space reverts back to Organizer.
  10. Organizer in its discretion may provide security and take steps to safeguard exhibitor’s property. However, the provision of this service shall not be construed to be an assumption of obligation or duty with respect to the protection of the property of exhibitors, which shall at all times remain in the sole possession and custody of each exhibitor and shall be the sole responsibility of each exhibitor.
  11. If required by local ordinances, exhibitor must comply with all union regulations applicable to installation, dismantling and display of the exhibit.
  12. EXHIBITOR APPOINTED CONTRACTORS (EACs). In many instances, it is necessary to use only official contractors. However, in the case of booth construction, an exhibitor may appoint their own contractor to unpack, erect, dismantle, and pack displays and equipment. EAC’s are welcome when the following rules are followed:
    1. The Exhibitor must notify the Management, if an Exhibitor Appointed Contractor is being used and will supply to Management complete contact details and forms. The exhibitor must notify the EAC on exhibit rules and regulations.
    2. Certificate of Insurance naming the Official General Contractor as an additional insured, must be received by July 31, 2019 for the Denver Festival and August 31, 2019 for the Cincinnati Festival.
    3. The Exhibitor Appointed Contractor must agree to abide by all rules and regulations and provide management with a Certificate of Insurance covering comprehensive general liability and worker’s compensation. Exhibitor Staff passes for EAC staff can be obtained at the Exhibitor Registration area, and must be worn at all times.

Otherwise labor will have to be hired from the General Contractor by the non-official contractor in order for them to supervise your exhibit. These stipulations are strictly enforced to protect you, show management and the General Contractor.

  1. CODE OF CONDUCT. Exhibitor and its representatives agree to abide by the Wellness Your Way Festival code of conduct and policies. In addition, exhibitor and its representatives shall not congregate or solicit trade in the aisles. The prior written consent of Exhibit Management is required for the employment or use of any live model, demonstrator, solicitor or device for the mechanical reproduction of sound. Such employment or use shall be confined to the exhibit space. Exhibit Management, in its sole and absolute discretion, may withdraw its consent at any time, in which event exhibitor shall terminate such activity immediately. All promotional plans must be submitted to Exhibit Management for approval. Distribution of pamphlets, brochures or any advertising matter must be confined to the exhibit space. Exhibitors are prohibited from bringing alcoholic beverages or any illegal substances into the venue(s). Exhibitor shall refrain from any action that will distract attendees from attendance at the exposition during open hours. Exhibitor shall not lead attendees from one exhibit space to another or to elevators or escalators.
  2. LINE OF SIGHT RESTRICTION. Regardless of the number of Linear Booths utilized, e.g. 10ft by 20ft, 10ft by 30ft, 10ft by 40ft, etc., display materials should be arranged in such a manner so as not to obstruct sight lines of neighboring exhibitors. The maximum height of 8ft is allowed only in the rear half of the booth space, with a 4ft height restriction imposed on all materials in the remaining space forward to the aisle. (Line-of-Sight exception – Split Island Booth) Note: When three or more Linear Booths are used in combination as a single exhibit space, the 4ft height limitation is applied only to that portion of exhibit space which is within 10ft of an adjoining booth.
  3. HANGING SIGNS & GRAPHICS. Hanging signs are only permitted Island Booths, to a maximum height of 20 ft. Whether suspended from above or supported from below, they should comply with all ordinary use-of-space requirements per the specific Venue Rules and Regulations (for example, the highest point of any sign should not exceed the maximum allowable height for the booth type). Hanging Signs should be set back 10 ft from adjacent booths. A Tower is a freestanding exhibit component separate from the main exhibit fixture. The height restriction is the same as that which applies to the appropriate exhibit configuration being used. Towers in excess of 8 ft must have drawings available for inspection and have Show Management and Venue prior written approval. Fire and safety regulations in many facilities strictly govern the use of towers. A building permit may be required.
  4. CARPET/FLOOR COVER. Management will not provide carpet for uncarpeted areas of the facility, such as the aisles or any exhibitor booths.  Exhibitor is not required to provide carpet or floor covering.  However, an exhibitor may bring own carpet or floor covering or order it through the official general contractor, Fern. 
  5. EXHIBIT SPACE LIGHTING AND SOUND. Without exception, all light and sound must be contained within, and directed into, the footprint of the contracted exhibit space.  Additional lighting may be brought in for the exhibit space however this lighting must be restricted to the contracted exhibit space. Lighting should not shine onto the aisles or into a neighbor’s exhibit space.  Sound must not be at a level that interferes with normal levels of communication in neighboring exhibit space.  Musical instruments, audio equipment, and other noise-making devices or amplifying equipment shall be operated only at a level which will not interfere with other exhibitors. Without exception, all sound must be contained within, and directed into, the footprint of the contracted exhibit space. Show Management shall be the sole judge of what constitutes appropriate sound levels.  Lighting: The use of flashing electric signs or lights, glaring lights, or other irregular lighting effects are prohibited. Lights may not be directed into other booths or the aisle, and may not show through Show drapery.
  6. STRUCTURAL INTEGRITY. All exhibit displays should be designed and erected in a manner that will withstand normal contact or vibration caused by neighboring exhibitors, hall laborers, or installation/dismantling equipment, such as forklifts. Displays should also be able to withstand moderate wind effects that may occur in the exhibit hall when freight doors are open. Refer to local building codes that regulate temporary structures. Exhibitors should ensure that any display fixtures such as racks or shelves are designed and installed properly to support the product or marketing materials to be displayed.
  7. FIRE & SAFEY REGULATIONS. Federal, state and local fire and safety Laws must be strictly observed. Flammable or hazardous fluids, substances, or materials of any nature are prohibited in the booth and in the storage area behind the booth. No decorations of paper, pine boughs, leafy decorations, tree branches or other flammable materials are allowed. All decorative materials, including cloth decorations, must be flame-proofed and comply with local fire rules and regulations. Transferring of flammable liquids while in the exhibit hall is expressly prohibited. Electrical equipment and wiring must comply with fire department and underwriter rules and meet all safety codes. Smoking of any kind, including but not limited to electronic smoking devices, at the Festival is strictly forbidden. Crowding will be restricted. Aisles and fire exits cannot be blocked by exhibits or otherwise.
  8. INSTALLATION AND DISMANTLING OF EXHIBITS. Delivery of freight and installation of exhibits will take place on the dates and at the times specified in the Exhibitor Services Manual. Organizer reserves the right to resell the exhibit space if the exhibitor booth is not set up by the date and time specified in the Exhibitor Services Manual preceding show floor opening. Organizer reserves the right to have the official exhibit services contractor install the exhibit or remove unopened freight at the sole expense of the exhibitor. Under no circumstances may the weight of any exhibit material exceed the specified maximum floor load of the exhibit hall. Exhibitor accepts full and sole responsibility for any injury or damage to persons or property resulting from failure to distribute the placement of its exhibit material in accordance with the floor loading specifications. Dismantling may not begin until the close of the event on the final day of the Festival. Goods and materials used in any display shall not be removed from the exhibit hall until the Festival has officially closed. Any exception to this rule must have the prior written approval of Organizer. Dismantling must be completed, and all exhibit materials removed by the final move-out date and hour set forth in the Exhibitor Services Manual. Exhibitor is advised to remove small, portable items immediately upon conclusion of the Festival.
  9. DRAYAGE. Skilled labor to assist exhibitors in erecting/dismantling and/or packing/unpacking exhibits as well as drayage will be handled by Fern. Forms for these services will be available via Fern’s online website and included in the Exhibitor Services Manual. Show Management is not responsible for labor issues, shipping delays or materials shipped via other methods.
  10. DISPLAYS AND ATTIRE. It is the exhibitor’s responsibility to create an attractive display area that is in good taste (as determined by Organizer in its sole discretion) and enhances the overall appearance of the Festival and is a credit to the industry. Organizer reserves the right to approve the character of the display and to prohibit any display which, because of noise or other objectionable features, detracts from the general character of the Festival. Any part of an exhibit space which does not reflect the purpose of the Festival must be immediately corrected at the exhibitor’s expense. Organizer reserves the unilateral right to correct any unsightly exhibit, and exhibitor agrees to pay for expenses incurred in making the necessary alterations. If corrections cannot be made, the exhibit shall be removed at exhibitor’s cost, with no liability accruing to Organizer.

Exhibit Design. All booth furnishings, including audio and video, should be appropriate for a general audience and should not be offensive or violate common decency. In the event of a complaint about a booth’s content, Organizer will investigate. If content is determined to be offensive or inappropriate, the exhibitor must immediately cease use of such content.

Attire. Organizer reserves the right to determine appropriate exhibitor/presenter attire and manner. Exhibitors and their personnel should present a professional image and appearance. If for any reason the attire of exhibitor’s personnel is deemed inappropriate by Organizer, the exhibitor may be asked to make suitable changes to the attire of its employees, exhibit staff and/or models. If necessary, the exhibitor may be asked to remove individual(s) wearing the inappropriate attire in question at exhibitor’s sole expense. Exhibitors with questions about compliance with these guidelines should consult Organizer in advance of the Festival.

  1. Exhibitor shall observe the “good neighbor” policy at all times and not intrude upon or disrupt other exhibitors while they are conducting business on the Festival floor. Exhibits should be conducted in a manner not objectionable or offensive to neighboring booths. All demonstrations and the use of photographers, musicians, entertainers, loudspeakers, sound system equipment and noise-making devices must be restricted to within the exhibitor’s booth, unless it has express prior written authorization. Entertaining attendees in booths must be arranged so that exhibitor’s personnel and attendees do not block aisles or overlap into neighboring exhibits. Operation of any equipment for demonstration purposes must be pre-approved in writing by Organizer. Organizer reserves the right to determine when any demonstrations become objectionable or interfere with adjacent exhibit spaces and may, if necessary, require that they be discontinued.
  2. NOISE, MUSIC, VIDEO, SOUND. Sound and scent devices and odors generated by product demonstrations must be at such a level as not to interfere with normal business in adjoining booths. Appropriate odor-limiting devices should be used. Use of live or recorded music is prohibited without expressed written permission of Show Management. Speakers and other sound devices should be positioned so as to direct sound into the booth rather than into the aisle.  Rule of thumb: Sound and noise should not exceed 85 decibels. No noise makers or anything not in keeping with the character and high standards of the Festival may be distributed or used by exhibitor in the exhibit area. Organizer reserves the right to determine, in its sole discretion, at what point a disruption or sound level constitutes interference with other exhibits and must be discontinued.  Exhibitors are responsible for all applicable performance rights licensing.
  3. PHOTOS AND VIDEOS. Exhibitor may take photos or videos of its displays; however, exhibitor is not permitted to directly take pictures of any other display or instruct others to take such pictures without the prior written permission of Organizer and the exhibitor whose display is being photographed. Notwithstanding the foregoing, exhibitor authorizes Organizer and its Representatives to photograph and/or record all or any part of the Festival (including, without limitation, exhibitor’s exhibit space and personnel), and exhibitor hereby grants Organizer the worldwide, perpetual, royalty free right and license to reproduce, distribute, transmit, publicly perform and publicly display all such photographs and recordings (and any derivative works thereof) in any medium (now existing or hereafter developed).
  4. SAMPLES, PUBLICATIONS, PRIZES, LIST ACCESS. Samples, giveaways, catalogues, pamphlets, souvenirs, industry publications and printed matter or promotional material of any kind may be distributed by exhibitor and its representatives (including hosts and hostesses) only within the confines of its booth, with the exception only of designated sponsorships and marketing opportunities for which exhibitor has contracted with Organizer. In addition, food and beverage giveaways must have prior written approval from Show Management and the exclusive caterer of the convention center.  Exhibitor may not conduct any prize drawings or awards for signing of names and addresses without the prior written approval of Organizer. Organizer reserves the right to limit access to lists of attendees and exhibitors and any other list or information gathered by Organizer or its contractors.
  5. CLEANING/HOUSEKEEPING. Exhibitors must keep their displays free of rubbish and maintain a neat appearance. Trash receptacles will be located throughout the exhibit floor. The aisles will be cleaned daily, however booth cleaning is not automatic. Exhibitor must arrange for the removal of excess trash and waste materials and is responsible to keep the exhibit free of any and all conditions that might be dangerous and/or unsightly to Show visitors. Any booth cleaning required during the show must be ordered through the appropriate contractor. Any undecorated side of a display visible from the aisle or adjoining exhibits must be made presentable by the Exhibitor. Displays not satisfactory in the opinion of Management shall be made presentable at the Exhibitor’s expense.
  6. PUBLIC EXHIBIT HALL AREAS. No company gobos, logos, etc. may be displayed or projected on or into the public exhibit space including aisle carpet, walls, ceilings, etc. without prior Show Management written approval.
  7. CARE OF PREMISES & COMPLIANCE/EXHIBIT FACILITY REGULATIONS. No part of the exhibit nor signs or other materials may be pasted, nailed or otherwise affixed to walls, doors, or other surfaces in a way that might mar or deface the premises or booth equipment and furnishings. Nothing may be rigged, suspended from, or attached to any Convention Center mechanical system. Damage from failure to observe this notice is payable by the Exhibitor.
  8. No direct/retail selling is permitted on the show floor. Attendees may place orders with exhibitors for products/services at the Festival, but the product or service ordered/purchased must be delivered to the attendee after the close of the Festival. No soliciting of attendees shall be permitted in the aisles or in other exhibitors’ booths. Signs showing the prices of items must not be displayed.
  9. COMPRESSED GAS. See the convention center fire rules and regulations policies.
  10. FOOD AND BEVERAGES. Centerplate Catering has exclusive catering, concession and liquor privileges at the Colorado Convention Center in Denver, Colorado. Ovation Food Services L.P. (“Spectra”) has exclusive catering, concession and liquor privileges at the Duke Energy Convention Center in Cincinnati, Ohio.  Exhibitors may not bring any outside food or beverages into the convention centers.  For in booth catering, the exclusive caterer of each convention can be reached to place an order.  Food and non-beverage and alcohol distributed by exhibitors are limited to products manufactured, processed or distributed by the exhibiting company and are limited to sample sizes in accordance to the exclusive caterer’s rules and guidelines.  Buy-out fees will apply.  Show Management will not be responsible for exhibitor buyout fees.  Any violation of these will result in the removal of product from the show floor.  Any exhibitor giving away food in their booth, must have all appropriate permits on file with the respective Department of Health with each city.  Rules and guidelines of the exclusive caterer can be found in the exhibitor services manual or Welcome Kit.  Order forms will also be included. Please contact your catering representative for more detailed information.
  11. EXHIBITOR RULES, REGULATIONS AND INFORMATION. It is the exhibitor’s responsibility to read and understand all rules, regulations and information. Agreements will be considered incomplete without signature. We strongly encourage you to register all booth personnel in advance. Anyone choosing to register on-site will require proof of employment. The following are the only acceptable proofs of employment: company business card, company ID, written letter on the exhibiting company’s letterhead, or an email from the exhibiting company’s Primary Booth Contact and a photo identification card in order to verify identity.
  12. EXHIBITOR REPRESENTATIVE. All representatives, including models or demonstrators must be properly registered, wearing badges, and properly and modestly clothed. Scanty or revealing attire is not permitted. So-called “barkers” and “pitchmen” are strictly prohibited. Exhibitors registration will permit entrance to the exhibit hall during move-in, show hours, move-out, and all exhibit hall functions. Exhibitors wishing to attend other business and social functions must register appropriately. Exhibitor must name at least one person (including hotel and local phone number) to be its representative with primary responsibility on the floor for the exhibitor’s display (including installation, operation and removal of the exhibit). Such representative shall be authorized to make decisions and enter into service contracts that may be necessary (or as requested by Organizer onsite or in the case of an emergency) and for which the exhibitor shall be responsible.
  13. EXHIBITOR PERSONNEL. Exhibits shall be staffed by technical, qualified individuals who are bona fide company employees or legitimate representatives. Exhibitor will furnish Organizer, in advance, the names of those representatives who will staff the booth and must register with the Organizer and such representatives will wear proper badge identification furnished by Organizer. Supplying personnel badges to current or prospective customers by exhibitor is expressly forbidden. If such use of exhibitors’ badges is made, individuals wearing the badges will be removed from the premises and the badges will be confiscated.  There is a $25 fee to generate replacement badges.
  14. DISPLAYS AND EXHIBITS OUTSIDE FESTIVAL. Exhibitor agrees that, outside of its own designated exhibit space at the Festival in accordance with the Agreement, it will not (nor will it permit its agents or distributors to) conduct any display or exhibit or distribute publications or any product bearing its trademark within a three mile radius of the Festival or the Festival’s officially designated hotels during the dates of the Festival. This limitation does not apply to participation in other trade association exhibitions which may coincidentally be ongoing in the same city or to exhibitor’s regular place of business or Festival room. Violation of this provision by exhibitor will constitute a material breach of the Agreement, and Organizer may, in its sole discretion, cancel the Agreement. Upon cancellation, exhibitor will immediately remove its display and any equipment contained in the exhibit hall and forfeit all payments made pursuant to the Agreement.
  15. Fire regulations in most exhibit facilities prohibit storing product, literature, empty packing containers, or packing materials behind back drapes or under draped tables. In most cases, however, exhibitors may store a limited supply of literature or product appropriately with the booth area, so long as these items do not impede access to utility service, create a safety problem or look unsightly. The removal, storage, and return of empty containers are part of the material handling service. Please note that it takes time to put empties away and that it can take a couple hours to get them back at the end of the show.
  16. SOCIAL FUNCTIONS/SPECIAL EVENTS. Hospitality functions (including meetings, unless pre-approved by Organizer) are not permitted during Festival hours or Festival sponsored events. Any social function or special event during the dates of the Festival in the host city is reserved for exhibiting companies and must be approved by Organizer.
  17. PETS/ANIMALS. Unless otherwise permissible under the ADA, no pets or animals will be permitted in the exhibit hall or meeting rooms.
  18. Each exhibitor will be allowed exhibitor staff passes/badges in accordance to the sponsorship package purchased. Additional exhibitor staff passes/badges may be purchased.  Exhibitors are to register their personnel in advance of the Festival.  All registered exhibitors must be employees of the exhibiting firm. False certification of individuals as exhibitor representatives, misuse of badges, or any method used to assist unauthorized individuals to enter the exhibition area, meeting rooms, or sessions may be sufficient cause for expelling the violators from the Festival, barring them from further attendance of any activities or sessions associated with the Festival without obligation by Show Management for refund of any fees.
  19. PERSONAL CARE PRODUCT APPLICATIONS. Sterilized utensils must be used. A fresh, spatula, sterilized cotton ball, or Q-tip must be used for each individual application. These utensils may not be reused.  When applying lip applications of any kind, eye shadows, face blushes, etc., a portion of the product must be scraped off with a utensil and applied to the individual with the utensil. The used utensil may not be returned to the pallet. A new, sterilized utensil must be used for each application.  Once the product has been applied to the individual, you may not return the used utensil to the product (i.e., no double-dipping).
  20. ONSITE SELLING/CHARITABLE DONATIONS. No soliciting of attendees shall be permitted in the aisles or in other exhibitors’ booths. No direct/retail selling is permitted on the Show floor. Signs showing the prices of items must not be displayed.  Don’t let your leftover product go to waste at the end of the Show. You can use it to help the people in your community, but you can also save yourself the shipping expense of sending your leftovers back to the office. Contact the convention center for sustainability options. 
  21. ROAMING CHARACTERS. Roaming characters are not allowed at the Festival/Show. Any character in costume must stay within your contracted exhibit space. If roaming characters are found on the Show floor, they will be sent back to the exhibit space. If the roaming character is spotted again, the individual’s badge will be confiscated, and the individual will be asked to leave the Show floor.
  22. COMPLIANCE WITH LAWS/STANDARDS. Exhibitor shall comply with all federal, state, and local laws, rules, standards, regulations and ordinances (“Laws”), including but not limited to copyright laws, the Americans with Disabilities Act (if applicable), and all Laws pertaining to business licenses, health, fire prevention and public safety, and all Organizer and Festival facility rules and regulations. Exhibitor shall be solely responsible for obtaining any necessary tax identification numbers and any licenses, permits or approvals required under any Law and for paying all taxes (including all sales taxes), license fees, use fees, or other fees, charges, levies or penalties that may become due to any governmental authority in connection with its participation in the Festival. All amounts due from exhibitor to Organizer are exclusive of VAT or other similar taxes, which amounts shall be invoiced to and borne exclusively by exhibitor. Subject to applicable Laws, all amounts due from exhibitor to Organizer shall be paid in full in U.S. dollars (unless a different currency is specified on the exhibit space contract) without reduction for withholding or other taxes, deductions or offsets of any kind. If applicable, (i) exhibitor shall pay the cost of conversion to U.S. dollars, and (ii) any required withholdings or taxes will be paid by exhibitor to the appropriate third party. Exhibitor must comply with union work rules if union labor will be made available. If Organizer becomes aware of exhibitor’s failure to comply with any applicable Law, such failure to comply shall be cause for rejection or removal of exhibitor and its exhibit from the Festival. All property of exhibitor is understood to remain in exhibitor’s possession, custody and control in transit to, from, or within the confines of the exhibit hall, and is subject to the rules and regulations of the Festival.
  23. LIABILITY FOR DAMAGE. Exhibitor will be liable for any damage caused in any manner, including by fastening displays or fixtures to the building floors, walls, columns or ceilings or to the standard booth equipment and for any damage to equipment furnished by Organizer or designated service suppliers. Exhibitor may not apply paint, lacquer, adhesive or any other coating to building walls and floors or to standard booth equipment. Organizer, its equity owners and affiliates; Festival facility management and its owners, affiliates, lessors and lessees; and official exhibit service contractors and security services (all of the foregoing in this sentence, collectively, “Festival Providers”) and each of their respective officers, directors, officials, employees, agents, contractors and representatives (collectively, “Representatives”) will not be responsible for the safety or any loss, theft, destruction or damage to property of, or for any injury to, exhibitor or its Representatives for any reason, including without limitation, due to theft, strikes, fire, water, storm, vandalism or other causes (and exhibitor waives all claims against Festival Providers and their Representatives, and releases all of them from all liabilities, with respect to same). Although Organizer will take reasonable precautions by assigning security personnel to provide perimeter security, which provides a measure of security in protecting exhibits from loss, it is exhibitor’s responsibility to insure its property against loss and theft.
  24. Exhibitor agrees to indemnify, defend, and hold harmless (and to the maximum extent permissible under applicable law, exhibitor hereby expressly releases and discharges ) Organizer and its equity owners, affiliates, assignees, licensees, guests and all other Festival Providers, and each of their respective Representatives from and against any and all alleged and/or actual claims, actions,  lawsuits, proceedings, damages, penalties, demands, losses, expenses, fees (including reasonable attorney fees), costs or liabilities of any kind or nature whatsoever (collectively, “Claims”), including but not limited to any Claim for property damage and/or personal injury, in connection with, caused by or arising out of the attendance at and/or participation in the Festival by (a) exhibitor, (b) its Representatives (or any other party acting on exhibitor’s behalf), or (c) any of exhibitor’s servants, invitees, patrons or guests (all of the foregoing in clauses (b) and (c), collectively, “Related Parties”), whether as a result of  (i) exhibitor’s or any Related Party’s act, omission, negligence or willful misconduct, (ii) exhibitor’s or any Related Party’s actual or alleged violation of any policy of, or actual or alleged breach of any agreement with, Organizer or any other Festival Provider, (iii) exhibitor’s or any Related Party’s actual or alleged violation of any applicable Laws, (iv) exhibitor’s or any Related Party’s actual or alleged infringement of any third party rights, including without limitation, the infringement of any patented, trademarked, franchised or copyrighted music, materials, devices or dramatic rights used or incorporated in the Festival by exhibitor or any Related Party, or (v) otherwise, and in each case, whether or not foreseeable. This provision shall survive any termination or expiration of the Agreement.
  25. Exhibitor is required to carry property and liability insurance in amounts sufficient to cover any losses or liabilities exhibitor may incur in connection with the Festival, including without limitation, due to damage or loss to exhibitor’s property or injury to the person and/or property of others. Notwithstanding the foregoing, at all times that exhibitor has access to the Festival grounds, exhibitor shall maintain at a minimum the following insurance from an insurance company rated B+ or above by A.M. Best Company (or equivalent insurance rating agency). Certificate of Insurance: With the contract for exhibit space, every exhibitor agrees to provide Wellness Your Way Festival with a certificate of liability insurance by a carrier authorized to do business in the state of Denver and/or Cincinnati. The Certificate must show evidence of paid-up general liability insurance coverage in place covering the dates August 16, 2019 through August 19, 2019 (Denver Festival Dates) and/or October 11, 2019 through October 13, 2019 (Cincinnati Festival Dates) and having minimum limits stated below.  The certificates of insurance shall name the exhibitor as the Insured and the Certificate Holder shall be the additional named insureds as follows: Wellness Your Way Festival LLC and Inclusion Companies LLC and their respective members, officers, directors, trustees, agents, representatives and employees, 3435 Ocean Park Blvd., Ste. 107-628, Santa Monica, CA 90405. No exhibitor will be allowed to set up their booth or exhibit unless they have provided Show Management with a Certificate of Insurance. Policy limits: (a) Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance in the minimum amount of $1,000,000 each employee by accident, $1,000,000 each employee by disease and $1,000,000 aggregate by disease with benefits afforded under the laws of the state or country in which the services are to be performed; (b) General commercial liability insurance, including contractual liability and advertising injury coverage, with a minimum liability limit of not less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate; and (c) Commercial Automobile Liability insurance for any owned, non-owned, hired, or borrowed automobile used in the performance of WYWF and Independent Contractor’s obligations under this Agreement is required in the minimum amount of $1,000,000 combined single limit.  By executing the Agreement, exhibitor represents and warrants that it has all such insurance in effect and that it shall maintain all such insurance at least through exhibitor’s occupancy of the exhibit space and the Festival facility. If you need assistance acquiring insurance, please contact Exhibits Coordinator at wywf@wellnessyourwayfestival.com.
  26. REJECTED EXHIBITS. Exhibitor acknowledges and agrees that its exhibit shall be admitted and shall be permitted to remain in the Festival only upon continued strict compliance by exhibitor with all terms, conditions, standards, policies and other provisions of the Agreement. Notwithstanding such compliance, Organizer reserves the right to reject or remove exhibitor’s exhibit, in whole or in part, from the Festival for any reason whatsoever. If exhibitor’s exhibit is rejected or removed without cause given, Organizer shall return to exhibitor the unearned portion of the rental fee. Any violation by exhibitor of the Agreement, including without limitation, any violation of the rules and regulations of the Festival or facility, shall subject exhibitor to termination of the Agreement and the forfeiture of exhibit space and any monies paid on account thereof, and Organizer shall be entitled to exercise any other rights or remedies under applicable law. Upon written notice of termination, Organizer shall have the right to take possession of exhibitor’s space, remove all persons and properties of or related to exhibitor, and hold exhibitor accountable for all risks and expenses incurred in such removal. No portion of the rental fee shall be returned if rejection or removal occurs upon violation of the Agreement.
  27. FORCE MAJEURE. Organizer shall not be liable for delay or failure of performance or fulfillment of this Agreement (including delivery of exhibit space) caused by an act of God; action by any governmental or quasi-governmental entity; fire, flood or other disaster; public enemy; insurrection; riot; explosion; embargo; terrorist attacks; strikes whether legal or illegal; labor or material shortage; work slowdown; transportation interruption of any kind; authority of law; the building being destroyed or substantially damaged; or any other cause beyond the control of Organizer (“Force Majeure Event”).
  28. AMENDMENTS TO STANDARDS, RULES AND POLICIES. Organizer reserves the right to modify all standards, rules and policies, and to adopt additional standards, rules and policies in its sole discretion. Any such modifications and additions shall be made available promptly to exhibitor and shall be effective immediately upon adoption, and exhibitor agrees to comply with all such modifications and additions.
  29. Exhibitor shall pay the fee set forth in the exhibit space contract (overdue amounts are subject to interest at the rate of 1.5% per month or, if less, the maximum rate permitted by applicable law). Exhibitor will not be permitted entry to the Festival unless full payment has been made of all outstanding obligations and/or past due invoices billed to exhibitor or its agent/agency. Any default by exhibitor under this Agreement shall constitute a default under any and all other agreements between Organizer and exhibitor including, but not limited to, all contracts relating to the Festival (e.g., sponsorship and festival marketing contracts and other fee-based or barter activities; each an “Ancillary Contract”). In such event, Organizer, in its sole discretion, shall be entitled to apply any amounts deposited or paid by exhibitor under any Ancillary Contract to amounts due under this Agreement. If application of any such amount causes a default under an Ancillary Contract, Organizer shall be entitled to such remedies as may be provided in such Ancillary Contract. Similarly, any default under any Ancillary Contract shall constitute a default hereunder and shall entitle Organizer to its remedies hereunder. Exhibitor will be responsible for all expenses (including reasonable legal fees) incurred by Organizer in collecting amounts past due. Upon a material breach hereunder (e.g., failure to pay the fees due in strict accordance with the payment terms set forth in the exhibit space contract, failure to comply with any rules, regulations or standards, or default under any Ancillary Contract), Organizer shall have the right to immediately terminate this Agreement and exhibitor’s participation in the Festival without incurring any liability therefor.
  30. ERRORS AND OMMISSIONS. Exhibitor agrees that Organizer will not be liable in the event of any errors or omissions in the Festival’s program listing or in any related materials.

OTHER. All matters and questions not specifically covered by these terms and conditions and the respective sponsor agreement are subject to the decision of Show Management, whose decisions will be final.  The sponsor agreement formed incorporates (i) the terms and conditions set forth on the sponsor agreement and the exhibit and sponsor rules and regulations (collectively, “Terms and Conditions”); (ii) the terms, conditions, rules, regulations and guidelines set forth in the Exhibitor Services Manual, and convention center kits;  (iii.) all additional standards, policies and directives (“Policies”) published or provided by Wellness Your Way Festival LLC and its subsidiaries relating to the Festival (collectively, the “Agreement”).  The foregoing shall control in the following order of priority to the extent there is any direct conflict or among them: first, the Terms and Conditions, second the Exhibitor Services Manual and convention center kits, third, the Policies.  Wellness Your Way LLC and its subsidiaries reserves the right to reject any application for activation/exhibit space for any reason.  Terms can be found at www.wellnessyourwayFestival.com/festival-policies and may be amended at any time in its sole discretion by Show Management.

  1. Each party agrees to perform its obligations hereunder as an independent contractor to the other party, and this Agreement does not create any actual or apparent agency, partnership, joint venture, or relationship of employer and employee between them for any purpose, including taxes or employee benefits. Neither party is authorized to enter into or commit the other party to any agreements, and neither party will represent itself as the agent or legal representative of the other party. Exhibitor will not make or consent or cause to be made any public announcement, or produce, distribute or publish, or consent or cause to be produced, distributed or published, any press release or other public statement referring to the subject matter or content of this Agreement, or the business relationship between the parties, without the express, prior written approval of Organizer. This Agreement shall be governed and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions, and the state and federal courts located in Los Angeles, CA shall have exclusive jurisdiction of any actions arising in connection herewith, and each party hereby submits to the jurisdiction of same. Exhibitor may not assign or subcontract its rights or obligations under this Agreement without the prior written consent of Organizer. All of the terms and provisions of this Agreement shall be binding on, and shall inure to the benefit of, the respective successors and permitted assigns of the parties. The waiver by either party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation.

 

IN ADDITION TO THESE RULES AND REGULATIONS AND ALL OTHER TERMS AND GUIDELINES SET FORTH IN THIS POLICY, ALL EXHIBITORS MUST COMPLY WITH THE TERMS AND CONDITIONS APPLICABLE TO THE SPONSOR AGREEMENT AND ALL POLICIES, DIRECTIVES AND STANDARDS PUBLISHED ON THE SHOW WEBSITE OR OTHERWISE PROVIDED BY SHOW MANAGEMENT RELATING TO THE SHOW.

 

This Agreement was last updated on June 19, 2019.

We appreciate your support of the Wellness Your Way Festival (“WYWF”) Code of Conduct. Your continued cooperation helps us improve the show policies that uphold the integrity of the show, its exhibitors and sponsors. We require that all WYWF participants-attendees, organizers, sponsors, exhibitors, speakers, media, staff and volunteers agree to abide by the following Code of Conduct Rules.

Please wear you event badge at all times during the festival. Please be prepared to show proof of age and identification when entering the Event or any program at the Event. We will only accept the following forms of identification: government-issued driver’s licenses or identification cards, passports, or military identification.

We believe our community should be truly open for everyone. As such, we are committed to providing a friendly, safe, and harassment-free festival experience for all participants-attendees, organizers, sponsors, exhibitors, speakers, media, staff, and volunteers-regardless of gender, gender identity, age, sexual orientation, familial or marital status, disability, mental and/or physical ability, physical appearance, national origin, ethnicity, race, political affiliation or religion.

We do not tolerate harassment of festival participants in any form. Sexual language and imagery, unwelcome sexual attention, verbal threats or demands, offensive comments, discriminatory jokes and language, intimidation, stalking, threats of violence, sustained disruption of sessions or events, and unwelcome physical contact or advocating for or encouraging any of the above behavior — all are not appropriate for any conference venue.

Participants asked to stop any harassing behavior or perceived harassing behavior are expected to comply immediately. Exhibitors in the expo hall, sponsor or vendor booths, or similar activities are also subject to the anti-harassment policy.

In particular, exhibitors should not use sexualized images, activities, or other material. Booth staff (including volunteers) should not use sexualized clothing/uniforms, or otherwise create a sexualized environment.

Event Staff will be available to help participants contact venue security or local law enforcement, to provide escorts, or to otherwise assist those experiencing unacceptable behavior to feel safe for the duration of the conference. You can report unacceptable behavior to any member of staff. All violations of the law should be reported to local law enforcement. For emergencies, immediately dial 9-1-1.

We expect participants to follow these rules at all venues and festival-related social events. WYWF may take action in its sole discretion to address any individual(s) or group(s) it believes fail to meet the standards set forth in this Code of Conduct, including, without limitation, revoking the violating parties’ credentials without refund and/or immediate loss of your event badge/pass. Serious violations are grounds for not allowing you to participate in future Events.

We value your attendance and thank all our participants for help in keeping our events welcoming, respectful and fun for all.

WYWF reserves the right to modify and/or update any of these WYWF Policies at any time for any reason.

RECORDING POLICY: TAKING PICTURES OF YOU; YOUR TAKING PICTURES OF OTHERS

Recordings of You: You are advised and given notice that many people and companies take photographs and make recordings at WYWF Events, and post them on social media and use them for many other lawful purposes, and WYWF permits that. By attending the Event, you agree that you may be photographed or recorded during the Event (in still photographs, audio recordings, video recordings and any other media, now known or hereafter discovered, hereafter “Recordings”) by attendees, vendors, WYWF, and others without compensation. By attending the Event, you grant to the WYWF the rights, but not the obligation, to reproduce, display, distribute, perform, create derivative works from, and otherwise use any WYWF Recordings of you in any media and in any manner throughout the world in perpetuity, including on the internet, broadcast, live simulcast, satellite and other transmissions.

Your Recordings of Others: You are generally allowed to make Recordings in all common areas of the Event, with the exception of backstage and restricted areas. Specific rules and restrictions regarding Recordings apply to specific venues, concerts, and events, such as when a performer prohibits photographs of their performance. If you are unsure, please check for signage, and if you do not see any, be respectful and do not make Recordings.

As a courtesy, and without changing this policy in any way, please obtain permission first to make Recordings of any individuals. If someone asks or otherwise indicates that they do not wish to be recorded, do not record them. WYWF will make reasonable efforts to enforce this policy, but given the proliferation of recording devices and the ease with which Event attendees may conceal their recording devices, it is understood and agreed that the WYWF shall not be liable for any violations of such.

Recordings of the Event or its employees, staff, or attendees for the purpose of sale to anyone, or for distribution or publication to the press is expressly forbidden unless advance written permission has been obtained from the WYWF, and is permitted under the policy of any venue in which you desire to make a Recording. Except as prohibited above, individuals may make Recordings for private listening/viewing, provided that such Recordings clearly identify the Event, date, and location at which they were Recorded.

All bloggers and members of the press and staff are additionally required to conform to the WYWF’s Press Policy and we encourage attendees to become familiar with those rules.

Violation of this Recording Policy may result in forfeiture of your Event badge, your expulsion from the event and/or termination of your position with WYWF.

ALCOHOL POLICY

WYWF is committed to providing a safe and family-friendly environment for everyone attending its events. WYWF expects its employees, staff, directors, and each of their guests or representatives, to follow all applicable laws and regulations and to refrain from consuming alcohol in the presence of minors, serving alcohol while at the event, or bringing outside alcoholic beverages onto the event premises.

WYWF does not serve alcohol. WYWF’s employees, staff, directors, and all WYWF representatives, including interpreters and those assisting special guests, are prohibited from serving alcohol. Adults 21 and over may order alcoholic beverages from the hotel, room service, and other places that legally serve alcohol and have liquor licenses. WYWF does not encourage drinking. If you are legally permitted to drink and choose to do so, WYWF asks that you drink responsibly.

Prohibited conduct includes, but is not limited to, the following behavior:

  • Consumption of alcohol by any person younger than 21 years old (a “minor”).
  • Providing alcohol to, or facilitating the provision of alcohol to, any minor.
  • Consumption of alcohol in any hotel room in which a minor is staying or in which any minor is present.
  • Consumption of alcohol from any source other than the hotel concessions, room service, or any other places that legally serve alcohol and have liquor licenses.
  • Violation of any federal, state, or local law regarding alcoholic beverages.
  • Violation of any policy of the Event facility or any Event vendor or concessionaire regarding alcoholic beverages.

Violation of this Alcohol Policy may result in forfeiture of your Event badge, your expulsion from the event and/or termination of your position with WYWF.

Sponsorship, Exhibitor & Marketing Code of Conduct

Please note that the “Company Contact” for your company is responsible for communicating these Code of Conduct Rules to every person representing your company at the show.

Rules:

  1. No distributing or displaying of bags or lanyards outside of your contracted booth space.
  2. No distributing or displaying of product, literature, coupons, stickers, or any other promotional material of any kind outside of your contracted booth or sponsorship space.
  3. No promotion of company, brand or products through individuals or activations featuring company branding or mascots outside of your contracted booth or sponsorship space.
  4. No other onsite marketing or promotion of company, brand or products outside of the contracted booth or sponsorship space.

Company Property

You should treat our company’s property, whether material or intangible, with respect and care. You should not misuse company equipment or us it frivolously. You should respect all kinds of incorporeal property. This includes trademarks, copyright and other property (information, reports, etc.) and you should use them only to complete your job, services or the like.

Conflict of Interest

Conflict of interest arises when a person participates in a decision about a matter (including any contract or arrangement of employment, leasing, sale or provision of goods and services) which may benefit or be seen to benefit that person because of his/her direct or indirect monetary or financial interests affected by or involved in that matter.

It is the duty of any person taking part in the operations of WYWF to adhere to the Conflict of Interest Policy at all times. In the event that such a matter arises, the person shall formally disclose the interest, and refrain from attempting to persuade or influence other persons participating in the decision.

Violations of the Exhibitor Code of Conduct Rules may result in (but need not be limited to):

  1. Warnings –
    1. First Violation Warning – One warning will be delivered to your Company Contact via email and a representative at your booth reiterating these Code of Conduct Rules.
    2. Second Violation Warning – One additional warning will be delivered to your Company Contact via email and a representative at your booth reiterating these Code of Conduct Rules.
  2. Probation Period –
    1. Further Violations may result, in our sole discretion, in your company being placed on probation for a period of 12 months for all WYWF events.
    2. During this probation period, WYWF may deduct historical priority points, prohibit the purchase of sponsorships and marketing, and/or deny the attendance of your company at future WYWF events.

Have questions about the Code of Conduct?

Please contact conduct@inclusioncompanies.com if you believe you’ve observed or experienced a violation of this Code of Conduct, and WYWF will work to assess the situation and to respond as soon as possible.

It is important that visitors to our event review this critical information.

Visitor registrations for the festival events (collectively referred to as “Events”) organized by Inclusion Companies LLC (“Inclusion”) are subject to these terms and conditions. The parent company of Wellness Your Way Festival LLC (“WYWF”) is Inclusion Companies LLC (“Inclusion”).

As a prospective guest (referred to as “you/your”) to the Event, please review these terms and conditions carefully because they contain significant information that will apply. When you submit your registration, you hereby agree to these terms and conditions and agree to adhere and be bound by them. If you do not agree to adhere to or be bound by these terms and conditions, we will not accept your registration in whole or in part.

  1. Your registration will be deemed as an offer to us for your attendance to WYWF. Each and every registration will be subject to acceptance by WYWF in its sole discretion. If your registration is received prior to the Event, it will either (i) be acknowledged in writing (including, but not limited, by electronic means), or (ii) if written acknowledgement is not sent to you within fourteen (14) days of WYWF obtaining your registration it shall be deemed to be confirmed unless you are otherwise notified. In the event your registration is received only at the Event itself, it will be deemed acknowledged at the time WYWF permits your entrance to the Event. A binding agreement between WYWF and you will only be completed upon such confirmation by WYWF. WYWF reserves all rights, powers or otherwise to reject any registration for any reason.
  2. WYWF reserves the right at any time to modify the format, participants, content, location and timing or any other portion of the Event, in each case without any liability whatsoever. WYWF reserves all rights that enable them to revoke any registration after confirmation without liability.
  3. WYWF reserves the right at any time to delay , suspend or terminate any event without liability at any time for any reason (regardless as to whether or not such delay, suspension or termination is due to causes beyond our control). Unless you are notified to the contrary, in the event that an Event is rescheduled, your registration will be valid for any re-scheduled version of that Event.
  4. WYWF reserves the right without liability to reject admission to, or to remove from the Event, any individual in its absolute sole discretion, including without limitation any individual who does not strictly comply with these terms and conditions or who, in the sole but reasonable opinion of WYWF, represents a security risk, irritant or aggravation to the smooth and safe administration of the Event. You agree to comply with all instructions issued by WYWF, the venue owners and operators, security personnel and/or management or administrators at the Event.
  5. Your registration is delivered to you only for your personal use. You are not permitted to obtain any registrations acting as agent for any third party, sell or transfer your registration in any way shape or form to others or use your registration commercially or non-commercially in any way.
  6. The personal information that you are providing to WYWF will be held by us on a collection database and, where we have applicable authorization, can be distributed to other entities associated with Inclusion and/or WYWF and selected third parties for marketing or business purposes. Your personal information can also be provided to government entities and regulatory authorities as may be required by law. Any use by any such government entities and/or regulatory authorities of your individual information is not within WYWF’s control and we accept no liability in this regard. For further information about how we are permitted use the personal information provide to us by you please refer to our */popup_99343/*.
  7. All unauthorized filming, sound recording and photography, or the unauthorized transmitting of audio or visual material, data or information from the Event, is expressly prohibited. You hereby to filming, sound recording and photography at the Event as a guest and you agree to any use by WYWF (and the use by any third party with the express permission of WYWF) of any such film, sound recording or photography worldwide in perpetuity for promotional, marketing and any other purposes WYWF sees fit.
  8. Inclusion, WYWF and all entities within or affiliated with the Event (as well as any employees or other representatives of the same) excludes any and all liability for harm, loss , injury or damage to any people or property at or around the Event. All express or implied indemnities, warranties, representations, terms and condition, except as set out herein are excluded. Inclusion, WYWF and all entities within the Event (as well as any employees or other representatives of the same) do not accept any liability for any harm, loss, injury or damage whatsoever that you may incur in connection with or stemming from the Event regardless of whether it is direct, indirect, incidental, special or consequential (including, without limitation, loss of profit, loss of business or any other type of economic loss) or otherwise. The restrictions and exclusions in this paragraph only apply to the extent permitted by applicable law.
  9. WYWF reserves the right to alter these terms and conditions, all without any notice, as it sees fit or as necessary and you will be bound to the terms and conditions in force at all times.

In consideration for being permitted to participate in Wellness Your Way Festival (“WYWF”) fitness training sessions and/or related fitness activities (individually and collectively, the “Activity”) as well as the benefits that I will derive from my participation in the Activity, I hereby represent and agree as follows:

Representations. (a) I am physically fit and able to participate in the Activity; I am in good health, and I am unaware of any medical condition which might make my participation inadvisable. (b) I have no pre-existing physical limitation or condition which may be aggravated or harmed by my participation in the Activity. (c) I acknowledge my responsibility to acquire and maintain, during the period of each Activity, health insurance coverage sufficient to provide for all medical, vision or dental services and/or equipment required to treat any injury related to my participation in the Activity. (d) I hereby represent that I have such insurance coverage in effect as of the date set forth below. I understand that WYWF carries no dental, medical, vision or other health insurance for any participant and that I am solely responsible for securing my own health insurance coverage. (e) I acknowledge that I have had the opportunity to ask WYWF representatives any questions that I may have about the Activity (including but not limited to the various activities that comprise the Activity) that I believe are necessary in order to decide whether I am able to participate in the Activity and make the above representations. I represent that all such questions have been answered to my complete satisfaction. In connection with the above, I further represent that I have had an opportunity to inspect the equipment to be used in the Activity prior to my participation in it and, based upon my inspection; I have found all equipment to be in good condition and in proper working order.

Assumption of Risk. I acknowledge that my participation in the Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I understand that the specific risks can and do vary from one activity to another and that these risks range from (a) minor injuries such as scratches, bruises, and sprains, to (b) major injuries such as eye injury or loss of sight, joint or back injuries, disfigurement, heart attacks, and concussions to (c) catastrophic injuries including paralysis and death.

Release of Liability. I, on behalf of myself, heirs, assigns, personal representatives and estate hereby release, forever discharge and covenant not to sue WYWF, their owners, managers, members, officers, employees, partners, sponsors, guests, volunteers, agents, advisors and insurers (the “Released Parties”) from any and all liability from all claims, actions, suits or other proceedings resulting in personal injury, including death, accident, illness or property damage, I may suffer or sustain, regardless of fault, arising from or in connection with, my participation in the Activity, the equipment used during the Activity (whether provided by WYWF, a third party or myself) and the building or facilities where the Activity was located.

Indemnification. I hereby voluntarily release, forever discharge and agree to indemnify, defend and hold harmless the Released Parties from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys’ fees, brought as a result of my participation in the Activity, the equipment used during the Activity (whether provided by WYWF, a third party or myself) and the building or facilities where the Activity occurred and to reimburse the Released Parties in full for any such expenses incurred.

Name and Likeness. I hereby grant to WYWF, its licensees, successors and assigns, the right to photograph and/or videotape me during my participation in the Activity and further grant WYWF the right to display, reproduce, use and/or otherwise exploit my appearance, image, testimonials, likeness, name and voice in perpetuity and throughout the world, in all media, whether now known or hereafter devised, and in all forms and formats, for any purpose whatsoever, without compensation, reservation or limitation. I understand that no photograph, videotape or other material of any kind needs to be submitted to me for my prior approval or inspection and I hereby release WYWF, its licensees, successors and assigns from any and all liability for any actual or alleged distortion of appearance, image or likeness as depicted in any photograph, videotape or other visual or audio-visual work resulting from its publication as well as any advertising copy or other printed materials that may be used in connection therewith or the use to which it may be applied. I agree that any visual or audio-visual work which depicts me (in whole or in part) shall be owned by WYWF and that WYWF may copyright same. To that end, I hereby assign and transfer to WYWF all right, title and interest in and to my appearance, image, likeness, and voice as embodied in any audio, audio-visual or visual work. I agree that WYWF shall have the sole and exclusive right, title and possession to all original negatives, videotapes and related materials that may embody My Picture. I acknowledge that WYWF is under no obligation to exercise any rights granted herein.

Miscellaneous. If any part, article, paragraph, sentence or clause of this consent and release is not enforceable, the affected provision shall be curtailed and limited to the extent necessary to bring it within the requirements of the law, and the remainder of this consent and release shall continue in full force and effect. This consent and release shall be governed by the laws of the State of California. All provisions of this consent and release shall survive the termination or expiration of any Activity or my participation in any Activity contemplated hereby.

I knowingly intend my acceptance of this consent and release to be a complete defense to any legal or equitable proceeding that may be brought by me, or any person on their own or on my own behalf, for any personal injury, including death, accident, illness or property damage, including theft, I may suffer or sustain as a result of my voluntary participation in the Activity, and further intend this consent and release to be a complete and total release of liability for all negligent acts, failure to act, or breaches of duty owed to me, which result in my personal injury, accident, illness and/or property loss as a result of my participation in the Activity, the equipment used during the Activity (whether provided by WYWF, a third party or myself) and the building or facilities where the Activity occurred and to reimburse the Released Parties in full for any such expenses incurred. I represent that I am 18 years of age or older, that I am legally competent and capable of executing this consent and release on my own behalf and as a parent or guardian on behalf of my child who is participating in the Activity; that I have read the foregoing and have made a conscious decision to sign it of my own free will. I further represent that I understand and agree to the terms of this consent and release and have received a copy of same.

Last Updated 4/3/19

Wellness Your Way Festival requires a unique email address to be provided for all registrations to attend our events, which is required to manage our directory of all attendees. By registering and providing your contact information, you acknowledge and agree to the use by Inclusion Companies LLC of your contact information to communicate with you about events, services, offerings and products by Wellness Your Way Festival LLC, its affiliates, brands, and/or third-party partners. In addition, you understand that your personal information may be shared with any sponsors of the Festival, so they can contact you directly about their products or services. Please refer to the privacy policies of such sponsors for more details on how your information may be used by them. Your personal information may also be shared with other participants in the Festival.

Participation in the Wellness Your Way Festival constitutes consent to being photographed, filmed, and/or recorded and constitutes consent for the use of such photography, filming, and/or recording for any use, manner, and in any and all media throughout the world in perpetuity. All photography, filming, and/or recording will be done in reliance on this consent.

You must be 18 or older to sample products. Sampling all products is done at your own risk. If you enter the Expo, you agree to assume all liability to injury and all risks.

Privacy policy

We take online privacy seriously and we respect the concerns of our community of users. In this policy (the “Privacy Policy”) we describe our privacy practices with regard to information we collect through this free ticket giveaway to help you make informed decisions about how you share information when you visit or use the site, as well as your rights in determining what we do with the information that we collect or hold about you.

Understanding How Information Is Collected

Information You May Choose to Provide to Us

We may collect information, including personal data, directly from you if you choose to provide that information. For example, you may provide us with your name and contact information (such as an email address), or other details of that nature, when you sign up for the free tickets.

Information That Is Automatically Collected When You Visit this google form is just the info you give and what ever google collects as a matter of their forms.

The information collected automatically when you visit the Site may include your IP address, characteristics of your operating system, information about your browser and system settings, data about the computer or mobile device you use to access the Site, unique device identifiers, clickstream data (which shows the page-by-page path you take as you browse the Site). We or our third-party partners may combine information that each of us collects automatically with other information about you, including information you choose to provide.

Cookies are small files that websites and other online services use to store information about users on the users’ own computers. This Site may use cookies (such as HTTP and HTML5 cookies and Flash cookies), as well as other types of local storage. For more information about cookies, you may visit http://www.allaboutcookies.org. See the section below regarding Your choices to learn more about how you may limit or disable cookies on your computer. If you choose to disable cookies, that could affect certain features of the Site that use cookies to enhance their functionality.

To manage our automatic data collection, we may place tags (often referred to as “web beacons”) on pages on the Site or in emails we send to you. Web beacons are small files that link web pages to particular web servers and their cookies, and they may be used for a variety of purposes, such as counting the number of visitors to the Site, analyzing how users navigate around the Site, assessing how many emails that we send are actually opened and which articles or links are viewed by visitors.

We also use third-party web analytics services, such as Google Analytics, on the Site, to provide us with statistics and other information about visitors to the Site.

“Do Not Track” Signals. Your browser settings may allow you to automatically transmit a “do not track” signal to websites and online services you visit. At this time there is no consensus among industry participants as to the meaning of “do not track” in this context. Like many other websites, Our page is not configured to respond to “do not track” signals from browsers. Click here to learn more about “do not track” signals.

Finally, companies that provide certain third-party apps, tools, widgets, and plug-ins that may appear on the Site (for example, Facebook “Like” buttons), also may use automated means to collect information regarding your interactions with these features. This information collection is subject to the privacy policies or notices of those providers.

How We May Use Information We Collect

We may use the information gathered for various purposes, including the purposes listed below. For example, if you were to contact us with a question and provide your email address, we would use the email address you provided to respond to your inquiry. In addition, we use information we collect from you and through the Site to:

*         Provide products and services you request (such as when you sign up to receive our free tickets.);

*         Respond to requests, questions, and comments, and provide other types of user support;

*         Offer you the schedule,of events and opportunities to be involved I the festival and our offerings in the future. ;

*         Communicate about, and administer your participation in, events, programs, contests, and other offers or promotions connected to the festival in some way ;

*         Perform data analytics regarding usage of the Site (including market and customer research, trend analysis, financial analysis, and anonymization of personal data);

*         Guard against, identify, and prevent fraud and other criminal activity, claims, and other liabilities; and

*         Comply with applicable legal requirements, law enforcement requests, and our company policies.

*

How We May Share Information

Our agents, vendors, consultants, and other service providers may have access to information we collect through the Site to carry out work on our behalf. Those parties are subject to confidentiality obligations and are restricted from using personal data collected through the Site for purposes other than to provide the requested assistance. In addition, we may share information:

*         With our affiliates for internal business purposes;

*         With third parties for marketing purposes, including social media networks, data management platforms, and other advertising technology providers; for example, we may match your email address with third parties with whom you have also consented to share your email address and use such match to deliver custom offers or emails to you on the Sites and elsewhere online;

*         If we are required to do so by law, regulation, or legal process (such as a court order or subpoena);

*         In response to requests from government agencies, such as law enforcement authorities, including to meet national security requirements;

*         If we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity;

*         With respect to analytics and statistical information, to inform advertisers about the nature of our user base;

*         In the event we sell or transfer all or a portion of our business or assets (including a reorganization, dissolution, or liquidation). In such an event, we will seek to provide you with commercially reasonable notice, e.g., via email and/or notice on our website, of any change in ownership, incompatible new uses of your personal information, and choices you may have regarding your personal information; and

*         With your consent or at your discretion.

Data Retention and Access

We will retain your personal data only for as long as necessary for the purposes it was retained, such as to enable you to participate in our festival offerings.

In some instances, we may retain data for longer periods in order to comply with applicable laws (including those regarding document retention), resolve disputes with any parties, and otherwise as necessary to allow us to conduct our business. All personal data we retain will be subject to this Privacy Policy and our internal retention guidelines. We respect your control over your information and, upon request, we will seek to confirm your identity and whether we hold or are processing information that we have collected from you. You also have the right to amend or update inaccurate or incomplete personal information, request deletion of your personal information, or request that we no longer use it. Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event we will respond to your request within a reasonable timeframe and provide you an explanation. In order to make such a request of us, please email us at support@jewelneverbroken.com

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Cincinnati

Oct 11-13, 2019 @ Duke Energy Center