I confirm my understanding of the contents of this liability waiver and Terms & Conditions.
BUDTENDERS ASSOCIATION
PRIVATE EVENTS - ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT
This Waiver and Release of Liability (hereinafter, the “Agreement”) is being entered into in consideration of, and for the benefit for, participation in the events offered by Budtenders Association (hereinafter, “BTA”) its subsidiaries, partners, sponsors and affiliates, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, by I, the undersigned,on behalf of myself and those in my party (hereinafter individually and collectively referred to as the “Participant”). I, the Participant, hereby acknowledge, represent, warrant and agree as follows, with the knowledge that BTA will rely on the warranties and obligations contained herein:
- Participant understands that BTA is only a facilitator of the event and does not sell or provide any alcohol. Participant understands there is a 30 gram cannabis holding limited and are responsible for the consequences.
- Event Space. I agree to indemnify, release, and hold harmless any damage or loss to personal property caused by or related to the use of the venuel, its facilities, and its use. Further, I hereby indemnify, release, and hold harmless the hosts from any claims, demands, damages, and costs arising out of negligence resulting to loss, injuries, illnesses, or death. I understand the pool is not open for use and any use of the pool will result in dismissal from the Event.
- Voluntary Participation. Participant understands and confirms that participation in any event offered by BTA, private or public, (hereinafter, the “Events”) is fully voluntary. Participant hereby warrants that he or she or they is/are in good health and suffers from no physical or mental condition that would create an unreasonable and/or foreseeable risk of harm to himself or herself, or to any other participant of the Events.
- Comprehension and Assumption of Risk. Participant understands and acknowledges that there are potential risks involved related to participation in the Events. Participant hereby assumes all risks, known and unknown, foreseeable and unforeseeable, in any way connected with Participant’s participation in the Events. Participant accepts full responsibility for any liability, injury, loss, damage or death in any way connected with their participation in the Events. Participant acknowledges that participation in the Events is at Participant’s sole risk.
- Participant assumes the risks associated with traveling to and from location(s) to be visited during the Events. Participant assumes the risk of any and all dangers presented on and in the street, sidewalk, or other areas, including but not limited to any and all traffic, cobblestone streets, icy conditions, and other pedestrian hazards.
- Consumption of Alcohol and Cannabis. Participants nineteen (19) years of age and older understand that alcohol may not be consumed where there is not a liquor license in place at the events and only consume cannabis in designated areas as permitted by law, should they choose to do so and wholly at their own discretion. Any alcohol or cannabis consumed outside of these designated locations during the event is absolutely prohibited. Cannabis consumption shall be at Participant’s own discretion, risk and liability. Participant will be required to produce government-issued photo identification prior to the commencement of the Events if he, she, or they wishes to partake during the Events. BTA reserves the right to excuse any Participant from the Events if said Participant becomes inebriated, intoxicated and misbehaves or has the potential to cause harm to themselves or any other person or persons. If a Participant is excused from the Events pursuant to this paragraph, it shall be without any sort of reimbursement from or liability of BTA. All Participants hereby assume all risk involved with the consumption of alcohol and cannabis and unconditionally hold BTA harmless.
- Release of Claims. Participant hereby releases BTA from any and all liability or claims which may arise from participation in the Events. This paragraph shall be inclusive of, but not limited to, any injury or death resulting from exposure to food or beverage allergies, products that may contain cannabis, food borne illnesses, theft of or damage to Participant, Participant’s property, transportation or commute, as well as any exposure to adverse weather conditions, or choking. Participant, on behalf of Participant and Participant’s successors, designees, agents or assigns, hereby forever and unconditionally releases BTA, its owners, officers, employees, agents, successors in interest and insurers (hereinafter referred to as the “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses, including, without limitation, attorney’s fees, in any way arising out of, or resulting from, Participant’s participation in the Events. Participant further acknowledges that BTA is in no way liable for any injury resulting from Participant’s own conduct or behavior.
- Medical Expenses and Consent to Medical Treatment. Participant hereby accepts full financial responsibility for any personal medical expenses or treatment which may result from participation in the Events, and hereby releases BTA in full from any potential claim for such medical expenses. Further, Participant hereby authorizes BTA to provide Participant with medical treatment, whether resulting from an emergency or otherwise, and hereby releases BTA from any and all actions in tort for the provision of such medical attention. Nothing in this paragraph shall be construed to create an actual or implied duty upon BTA to provide or seek such medical treatment for Participant.
- Indemnification. Participant agrees to pay any and all costs, fees, expenses and charges arising from any act or conduct of Participant that results in damage or injury to any person, including, but not limited to, any third party participant of the Events or employee of BTA. Participant further agrees to indemnify and hold BTA harmless from and against any such act or conduct which results in damages of any kind.
- No Refunds. All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
- Promotional Release. Professional photographs, audio and visual will be captured Participant hereby grants BTA a worldwide, royalty-free irrevocable license to use Participant’s photographic, video, or digital likeness for promotional, educational, and/or commercial purposes. This Paragraph shall, however, be limited to pictures, videos and descriptions of events which are captured in the course of the Events, or within a reasonable time thereof. Participant can opt out from providing permission for the Promotional Release discussed herein by providing notice, in writing, to BTA.
CONFIDENTIAL INFORMATION - NON DISCLOSURE AGREEMENT
Participant acknowledges that this is a members-only (licensed cannabis retail workers) private event intended for educational purposes. The information and resources you may obtain throughout the event are strictly confidential.
NOW, THEREFORE, in consideration of mutual covenants and understandings hereafter set forth, the participant agrees to receive confidential information (“RECEIVING PARTICIPANT”) by BTA, its subsidiaries, partners, sponsors and affiliates and other Participants.
As used in this Agreement, "CONFIDENTIAL INFORMATION" shall mean any information such as, but not limited to, any and all data, computer programs, materials, samples, technical and economic information, commercialisation, research and testing strategies and results, trade secrets and know-how provided by DISCLOSING PARTICIPANT and other materials made therefrom, disclosed, provided, made available or discovered or generated during the EVENT, directly or indirectly, (i.) in writing, computer readable form or other tangible form and marked confidential or (ii.) communicated orally, visually or in any other manner, provided it is identified as confidential at the time of such disclosure, or (iii.) its confidential nature is confirmed within thirty (30) days after the disclosure by the DISCLOSING PARTICIPANT in written form summarizing the information considered confidential.
RECEIVING PARTICIPANT agrees to receive and hold any CONFIDENTIAL INFORMATION in confidence. Without limiting the generality of the foregoing, RECEIVING PARTICIPANT further promises and agrees:
Not to, directly or indirectly, in any way, reveal, report, publish, disclose, transfer or otherwise use any of the CONFIDENTIAL INFORMATION without prior written authorization of the BTA, its subsidiaries, partners, sponsors and affiliates.
Not to use any CONFIDENTIAL INFORMATION without the prior written authorization from BTA, its subsidiaries, partners, sponsors and affiliates, for any purpose other than participating in the EVENT2.3 Not to make any copies of the CONFIDENTIAL INFORMATION, in whole or in part.
Not to reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which embody CONFIDENTIAL INFORMATION.
To restrict access to CONFIDENTIAL INFORMATION to only and strictly those of BTA and its affiliates’ employees, agents, consultants or other representatives who clearly need such access to carry out the EVENT, subject to having ensured that its affiliates and the relevant employees, agents, consultants or other representatives have beforehand signed confidentiality agreements with terms and conditions substantially similar to those contained in this Agreement.
To take reasonable precautions to prevent disclosure of CONFIDENTIAL INFORMATION, which shall be in any event as great as the precautions and the degree of care used with RECEIVING PARTICIPANT’s own information of a proprietary nature of like character to prevent disclosure, but in no event less than reasonable diligence.
Upon termination of the EVENT or upon the written request of the DISCLOSING PARTICIPANT, whichever is earlier, to promptly deliver to BTA all tangible materials including, but not limited to, all records, notes, and other written or printed materials to BTA including any copies thereof or materials made therefrom, or at BTA’s option, certify destruction of the same in the possession of RECEIVING PARTICIPANT, embodying or pertaining to the CONFIDENTIAL INFORMATION.
Without derogating from DISCLOSING PARTICIPANT’s rights under law or under this Agreement, RECEIVING PARTICIPANT promises and agrees:
To immediately notify DISCLOSING PARTICIPANT upon discovery of loss or unauthorized disclosure or use of CONFIDENTIAL INFORMATION, or any other breach of this Agreement by RECEIVING PARTICIPANT.
To cooperate with DISCLOSING PARTICIPANT in every reasonable way to help DISCLOSING PARTICIPANT regain possession of the CONFIDENTIAL INFORMATION and prevent further unauthorized use or disclosure.
All CONFIDENTIAL INFORMATION are and shall remain DISCLOSING PARTICIPANT’s ownership and no right or license under any trade secret or other proprietary right, including, but not limited to, patent, utility model, trademark, design, copyright and their applications is granted hereunder by implication or otherwise.
Test results of the interoperability test produced at the EVENT are jointly owned by all PARTICIPANTS except such test results which have been independently developed by a PARTICIPANT and are relating exclusively to the performance of the own equipment or products of a PARTICIPANT, in which case the test results shall be owned by that PARTICIPANT
The obligations under this Agreement shall terminate after three (3) years from the EFFECTIVE DATE or until such time as the information no longer qualifies as confidential whichever occurs earlier.
Each PARTY may issue at its own discretion, prior or after of the EVENT, articles, advertising, press releases or other public notice such as, but not limited to reports that summarize the overall test results of the EVENT (PUBLIC NOTICE).
However, no PARTY shall issue a PUBLIC NOTICE using or implying the name of any other natural or legal person participating at the EVENT, without the prior written consent of this natural or legal person.
The PARTICIPANT is authorized to use in a PUBLIC NOTICE the name of BTA as well as BTA’s trade mark on the BTA logo provided that PARTICIPANT uses the trademark in a proper manner and gives due acknowledgement concerning the ownership of the trade mark by BTA
Under no circumstance is any RECEIVING PARTICIPANT authorized to disclose in a PUBLIC NOTICE any CONFIDENTIAL INFORMATION disclosed to it hereunder.
The Participant acknowledges that he or she has carefully read this Agreement and submits to all of the foregoing provisions before attending an Event. Further, Participant acknowledges that he or she enters into this Agreement under his or her own volition. Participant acknowledges that he or she is giving up substantial rights by agreeing to the provisions of this Agreement. I understand that this is a legal document. Upon event attendance and marking below that I have read this waiver, I am giving up my right to sue or otherwise make claims against BTA as defined herein and limiting my recovery for any allowable claims. Without this Waiver and Assumption of Risk, BTA will not allow me to participate in this event. If I have received or had the opportunity to review this waiver and I am participating, it shall be taken as my acceptance of all the terms of this agreement unless otherwise prohibited by law.
This event attendee waiver and release of liability form shall be governed by and construed under the applicable provincial laws.
I hereby confirm my understanding of BTA’s ticket refund policy that I am responsible for the purchase of my ticket and assure I will arrive with the requirements and ticket eligibility including but not subject to: ticket confirmation, valid ID for confirmation, and “Selling It Right” (if applicable)
I hereby release, covenant not to sue, discharge, and hold harmless BTA from all claims of any kind arising out of COVID-19 or other activities during the event. I understand and agree that release of liability includes any claims towards BTA, and the event venue.
I agree to be bound by all terms of this agreement, as indicated by my purchasing this ticket
By purchasing this ticket I agree to the event attendee waiver and release of liability form as well as any guests attending said event under my purchase order.