HVAC Excellence Conference

Event Registration Terms and Conditions

By registering for the HVAC Excellence event, the registered person (the Attendee) agrees to the terms and conditions set forth below. These terms and conditions apply to each registered attendee. An attendee is defined as any person, delegate, accompanying person, student, media representative, speaker, or exhibitor present at the conference.

HVAC Excellence reserves the right, and absolute discretion, to be the sole decision maker regarding all aspects of these Terms and Conditions. Additionally, HVAC Excellence reserves the right to establish further regulations, or change existing regulations, for Attendees as may be deemed necessary to ensure the general success and well‐being of the conference and/or any person/persons affiliated therewith. HVAC Excellence’s decisions and interpretations shall be final in all cases.

These are the terms (the "Agreement") governing your attendance at and participation in any HVAC Excellence event (the "Event" or the "HVAC Excellence Conference").

All Attendees, whether they registered themselves or were registered by another person in their organization, agree to abide by these terms, which form a binding, legal contract between HVAC Excellence and the Attendee.

A. Attendee Requirements

A-1. Admittance.

Event registration grants Attendee admission to the Event for which they have registered. Admission includes all activities directly stated in the event schedule. All other costs associated with event attendance including, but not limited to, travel, meals, and hotel accommodation expenses shall be borne solely by the Attendee.

A-2. Use of Likeness.

By attending the Event, the Attendee acknowledges and agrees to grant HVAC Excellence the right to record, film, photograph, or capture their likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to Attendee. This grant to HVAC Excellence includes, but is not limited to, the right to edit such media, the right to use the media alone or in conjunction with other information, and the right to allow others to use or disseminate the media.

A-3. Event Content.

The Attendee acknowledges and agrees that HVAC Excellence, in its sole discretion, reserves the right to change all aspects of the Event, including but not limited to, Event name, themes, content, program, speakers, performers, hosts, moderators, venue, and times.

A-4. Attendee Badge Usage.

Name badges must be always worn by Attendee while participating in Event-related activities. All HVAC Excellence badges are the property of HVAC Excellence and must be returned to HVAC Excellence upon request.

B. Prohibited Conduct

B.1 Disruptive Conduct.

Attendee acknowledges and agrees that HVAC Excellence reserves the right to remove them from the Event if HVAC Excellence, in its sole discretion, determines that their presence or behavior creates a disruption or hinders the Event. If removed from the Event, the name badge will be returned to HVAC Excellence.

B-2. Badge Misuse.

Attendees are forbidden from wearing badges from previous HVAC Excellence Events or falsifying or sharing badges. Violators will be immediately ejected from the Event and banned from future Events. HVAC Excellence considers such conduct theft of service, trespassing, and fraud and will report violators to law enforcement authorities. If such conduct is discovered after an Event, violators will be invoiced according to onsite registration pricing and will be required to pay their invoice in full to avoid legal action.

B-3. Soliciting of Attendees/Suitcasing.

"Suitcasing" refers to the practice of attending a trade show and “working the aisles” from a suitcase or briefcase, with the purpose of soliciting business from other Event participants. For the good of the Event, sponsors, exhibitors, and paid participating organizations that support the event, the only legitimate place to conduct business during show hours is within a contracted exhibit space on the exhibit floor. Exhibiting companies are encouraged to protect their investment and report any violations to HVAC Excellence management. Attendees observed soliciting business in the aisles or other public spaces, or in another company’s contracted exhibit space will be ejected from the Event and may be banned from future events at HVAC Excellence’s sole discretion.

B-4. Photography, Recording, and Videotaping.

Attendees may not record (audio or video) sessions without the expressed written consent of HVAC Excellence, and the session presenter. HVAC Excellence allows cameras on the exhibit hall floor for the purpose of company or annual reports, company media pieces, marketing materials, etc.

B-5. Unethical/Non-Compliant Marketing.

HVAC Excellence reserves the right to deny admission to anyone who engages in, or is reputed to engage in, unethical or non‐compliant marketing practices.

C. Fees

C-1 Payment.

The payment of the applicable fee(s) for the Event is due upon registration. If such payment is insufficient or declined for any reason, HVAC Excellence may refuse to admit Attendee to the Event and shall have no financial liability for expenses incurred by Attendee.

C-2 Taxes.

Event fees may be subject sales tax, value added tax, other taxes and duties which, if applicable, will be charged to Attendee in addition to the stated fees.

D. Cancellation, Substitution, and Lost Badge Policy

D-1. Cancellation

Attendees may cancel their registration up to 90 days prior to the Event, and HVAC Excellence will refund the registration fee less a $50 cancellation fee. Any cancellations made within 89 days of the Event will not be honored. Attendees who cancel, but do not attend, are still responsible for Event payment. Substitutions (subject to availability) may be arranged at the sole discretion of HVAC Excellence in accordance with the Attendee Change Policy below.

D-2. Cancellation Request

All Event cancellation requests must be submitted in writing to HVAC Excellence.

D-3 Refunds

Refunds will be processed within six weeks of the Event conclusion.

D-4. Changes and Substitutions

Attendee substitutions may be may to any registration, more than 30 days prior to the event. Substitution requests received within 30 days of the event may subject to a processing fee. Once name badges, or Event credentials are issued, no substitutions may be made.

D-5. No Substitutions After Credentials Issued

Once Attendee has received their event credentials, they cannot be changed, substituted, or reissued to another individual.

D-6. Lost Badges and Login Credentials

If badges and or credentials are lost, replacements will only be issued onsite.

E Registration Confirmation, HVAC Excellence Updates and Social Networking Platform

E.1 Registration Confirmation

Once Attendee has completed their registration, they will receive a confirmation email. Attendee must ensure that a valid email is provided on the registration form to receive confirmations and access to any online portions of the Event. Attendee shall make certain the domain @escogroup.org has been added to their allowed email list.

E.2. Notifications and Updates

Attendees will receive essential information at the email address or mailing address provided on their registration form. Attendee will receive periodic Event updates by email.

E.3 Opting Out

Attendee may opt‐out of electronic Event updates. However, those who opt out, shall bear the responsibility of keeping up to date with all Event information, protocols, and possible program changes.

F Privacy Policy

HVAC Excellence does not rent, share, or sell Attendee contact information to any third parties other than those that exhibit at or sponsor the Event.

G Intellectual Property

G.1 Ownership of Intellectual Property

All intellectual property rights in and to the Event, the Event content, and all materials distributed at or in connection with the Event are owned by HVAC Excellence, its parent company ESCO Group or the Event sponsors or speakers presenting at the Event. Attendees may not use, reproduce, or allow anyone to use or reproduce any trademarks or other trade names appearing at the Event, in any Event content or in any materials distributed at or in connection with the Event for any reason without the prior written permission of HVAC Excellence.

G.2 License Agreement

For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in the Attendee any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by HVAC Excellence, or any of its affiliates; nor does this Agreement grant to the Attendee any right or license to any other intellectual property rights of HVAC Excellence or its affiliates, all of which shall at all times remain the exclusive property of ESCO Group and its affiliates.

H Disclaimer of Warranties, Limitation of Liability

H.1 No Warranties

HVAC Excellence gives no warranties in respect of any aspect of the Event, or any materials related thereto or offered at the Event and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The Event is provided on an "as‐is" basis. Neither HVAC Excellence nor its affiliates accept any responsibility or liability for reliance by Attendee or any individual on any aspect of the Event or any information provided at the Event.

H.2 Wavier of Liability

Except as required by law, neither HVAC Excellence nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Event or other aspect related thereto or in connection with this Agreement.

H.3 Maximum Liability

The maximum aggregate liability of HVAC Excellence for any claim in any way connected with, or arising from, the Event or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by the Attendee to HVAC Excellence under this Agreement.

I Miscellaneous

HVAC Excellence's failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. HVAC Excellence shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond HVAC Excellence’s reasonable control.

I.1 Enforcement

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

I.2 Assignment

This Agreement is not assignable, transferable, or sub‐licensable by Attendee except with HVAC Excellence’s prior written consent.

I.3 Governance

This Agreement shall be governed by the laws of the State of Illinois and the parties shall submit to the exclusive jurisdiction of the Illinois courts.

I.4 Attorney’s Fees

A party that substantially prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys' fees and costs.

I.5 Mutual Understanding

HVAC Excellence and the Attendee agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

I.6 Agency

No agency, partnership, joint venture, or employment is created because of this agreement, and the Attendee acknowledges that they do not have any authority of any kind to bind HVAC Excellence in any respect whatsoever. In addition to this Agreement, if the Attendee is an exhibitor or sponsor for the Event, they agree to abide by the additional terms and conditions included in the exhibitor contract.

J Event Changes

HVAC Excellence reserves the right to cancel or change this contract, cancel or change the dates, times, and location of the Event for any reason, including, but not limited to reasonable cause, or upon events beyond its control, acts of God, terrorism, pandemics, etc., which makes performance of this contract impossible or useless.

J.1 Refund Policy

In the event of such cancellation or relocation, no refunds will be issued after the published cancellation date. At the discretion of HVAC Excellence, credits may be issued toward future Events.

J.2 Force Majeure

Attendee shall have no claim against HVAC Excellence for loss, damages or compensation arising from the prevention, postponement, or abandonment of the event for reasons beyond HVAC Excellence’s control ("Force Majeure"). Events of force majeure shall include, but shall not be limited to, war, terrorist action, national emergency, civil unrest, labor disputes, SARS or Coronavirus (COVID‐19) or other epidemic, act of government or other government agency, closure or cessation of airline services, or a building becoming unavailable as a result of fire, storm, tempest, lightning or another Act of God.

J.3 Dates Changed

Should the date(s) of the Event change to new date(s) that are within twelve months of the originally scheduled opening date of the Event, and/or the Event is cancelled but is reasonably expected by HVAC Excellence to be held at any time in the next calendar year, this contract shall continue in full force and effect and the obligations of the parties shall be deemed to apply to the event on the new date(s), or when it is next staged as applicable in the same way that they would have applied to the originally scheduled Event.

J.4 Transition

If the Event is cancelled and is not reasonably expected by HVAC Excellence to be held at any time in the next calendar year, HVAC Excellence reserves the right to change the event to a virtual format.

K Waiver of Liability and Indemnity Related to COVID-19 and Other Pandemics

The health and safety of everyone participating in HVAC Excellence Events is a top priority.

K.1 Assumption of Liability

COVID-19 is an extremely contagious disease that can lead to severe illness and death. HVAC Excellence and our partner hotel cannot guarantee that Event Attendees will not become infected with COVID-19 or other infectious diseases. By attending the Event, Attendees knowingly and voluntarily assume all risks related to disease and infection exposure.

K.2 Vaccinations

Science shows that vaccines are the number one thing we can all do to prevent infection and stop the spread of disease. HVAC Excellence cannot guarantee that other Attendees will be vaccinated and cannot guarantee Attendees will not contract COVID-19 or other infectious diseases.

K.3 Face Mask

HVAC Excellence will follow the guidelines of the Center for Disease Control (CDC) and local jurisdictions. These protocols may require everyone to wear a face covering while inside the Event venue. Attendee must comply with instructions and safety protocols posted by HVAC Excellence and the event venue. All instructions and protocols are subject to change. Failure to comply can lead to removal from the Event, venue, or both. If the Attendee is required to leave, no refund will be issued.

K.4 Illness

If the Attendee feels sick upon arrival, or at any time during the Event, they are to stay in their room, and contact the venue for guidance.

K.5 Symptoms of COVID-19

Symptoms of COVID-19 include, but are not limited to fever or chills, cough, shortness of breath, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, and diarrhea.

K.6 Assumption of Risk

The Attendee:

  • Agrees to follow all guidance from the Center for Disease Control (CDC), the venue and HVAC Excellence.
  • Understands that participation brings some risk and they do hereby assume responsibility for their own well-being.
  • Agrees that failure to follow all protocols in effect is sufficient grounds to be excluded from attending or participating in the remainder of the Event. Attendee shall exit the Event, without protest or refund, upon request of HVAC Excellence or the venue.
  • Understands that there is possible exposure to infectious diseases including but not limited to COVID-19 by participating in the Event. The Attendee knowingly and freely assumes all such risks related to illness and infectious diseases, such as COVID-19.
  • Agrees that if they experience any symptoms of COVID-19 or other illness during the Event, they will discontinue their participation immediately and seek appropriate medical attention.
  • Will not attend this Event if they have any COVID-19 like symptoms, are awaiting results of a COVID-19 test, or test positive for COVID-19 within 30 days of the Event.
  • Understands that while many safety measures are in place, no measure or combination of measures provides a guarantee against COVID-19 transmission.
  • Understands there is a risk that they may transmit COVID-19 to members of their family or household, who may be at higher risk based on their age or current medical conditions.
  • Voluntarily assumes the risk that they may be exposed to or infected by COVID-19 by attending the Event and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death.
  • Voluntarily assumes all of the foregoing risks and accept sole responsibility for any injury to themself relating to COVID-19 including, but not limited to, illness, damage, loss, claim, liability, or expense of any kind that they may experience or incur in connection with their participation in the Event.
K.7 Transfer of Risk

In the event that registration of said Event is transferred, the new Attendee agrees to abide by the terms and conditions of attendance.

K.8 Waiver of Rights

By completing the registration for this Event, the Attendee certifies that they have carefully read, fully understands all provisions set forth in this document.

K.9 Waiver, Release, and Indemnification

As a condition of participation in this Event, the Attendee hereby expressly waives any rights against and releases and holds harmless HVAC Excellence, the venue, and any of its officers, employees, affiliates, contractors, agents, heirs, legal successors, and assigns from and against any and all claims, suits, demands, losses, damages, expenses, or liability of whatever kind or nature (collectively “liability”), under any theory of law or equity, that may arise during or as a result of my presence at Event or on the premises, including but not limited to any such liability related to or arising out of illness, injury, or death associated with infection of COVID-19 or complications, symptoms, or other effects resulting from contracting COVID-19.

The Attendee shall defend, indemnify, and hold harmless HVAC Excellence and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the Activities

The Attendee understands it is their expressed intent, that this release and waiver of liability releases HVAC Excellence from such liability even if such liability results from or is caused by the sole or contributory or active or passive negligence, strict liability, or other legal fault of HVAC Excellence or any third party. The Attendee also understands and agrees that HVAC Excellence does not assume any responsibility or obligation to provide financial or other assistance, including but not limited to medical, health, or disability assistance in the event of injury or illness. If the Attendee or their family member is injured, becomes ill, or suffers complications due to COVID-19, allegedly as a result of the participants participation in the Event, the Attendee agrees to release and hold harmless HVAC Excellence in the same manner and to the same extent as set forth above.

This policy is subject to revisions and changes. It is the responsibility of the Attendee to keep up to date with all changes and requirements of attending this event.

Revised 3/7/2023