DCAC USA ATTENDEE TERMS, RELEASE, WAIVER, AND MEDIA CONSENT
(Texas Law / Austin Event)

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, COVENANT NOT TO SUE, INDEMNITY, AND LIMITATION OF DAMAGES. BY CLICKING “I AGREE,” YOU ARE GIVING UP CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.

This DCA C USA Attendee Terms, Release, Waiver, and Media Consent (“Agreement”) is entered into by and between ATXDCAC Corp, together with its parents, subsidiaries, affiliates, related companies, event sponsors, co-hosts, venue operators, landlords, property owners, contractors, vendors, staffing agencies, security providers, speakers, moderators, boat operators, transportation providers, insurers, and each of their respective past, present, and future officers, directors, managers, members, partners, employees, agents, representatives, successors, and assigns (collectively, the “Company” and/or the “Released Parties”, which are interchangeable herein), and the individual accepting this Agreement (“Attendee,” “you,” or “your”).

By registering for, attending, participating in, or being present at the Data Center Anti-Conference/ DCAC USA and any related or associated activities, whether before, during, or after the principal conference dates, whether ticketed, invited, sponsored, informal, pop-up, social, recreational, networking, hospitality, transportation-related, lake-related, golf-related, dining-related, nightlife-related, or otherwise connected in any way with DCAC, Company, its personnel, sponsors, or attendees (collectively, the “Event”), you agree as follows.

DCAC hosts various DCAC-branded conferences and related events in London, England and other locations, together with any related receptions, hospitality events, off-site activities, meetings, speaking sessions, and ancillary programming (each, as more particularly described in the applicable Order Form or Quote, an “Event”).

1. Scope of Event

For purposes of this Agreement, the “Event” includes, without limitation: conference sessions, panels, presentations, workshops, exhibitor areas, receptions, dinners, bars, hospitality events, private parties, sponsor activations, transportation to or from events, hotel or lodging shuttles, golf events, mini-golf events, lake outings, swimming, boating, docks, marinas, fitness or recreational activities, off-site gatherings, after-parties, and any ancillary, unofficial, adjacent, or related gathering that you attend in connection with DCAC or because of your participation in DCAC, whether or not hosted, owned, leased, staffed, supervised, promoted, or ticketed directly by Company.

2. Voluntary Participation; Eligibility

You acknowledge that your attendance and participation are entirely voluntary. You represent that you are at least 18 years of age and legally competent to enter into this Agreement. If alcohol is served or available, you represent that you are of lawful drinking age and will comply with all applicable laws and venue requirements.

3. Assumption of Risk

You understand and acknowledge that participation in the Event may involve known and unknown, foreseeable and unforeseeable risks, hazards, and dangers, including serious bodily injury, illness, permanent disability, paralysis, death, emotional distress, property damage, theft, and economic loss. These risks may arise from, among other things: crowds; slips, trips, and falls; uneven surfaces; stages; lighting; sound equipment; intoxicated persons; alcohol consumption; food and beverage service; negligent acts or omissions of other attendees or third parties; transportation incidents; water-related activities; drowning; boating hazards; swimming; weather; heat; physical exertion; communicable illnesses; criminal acts; inadequate rescue or medical care; and the condition of venues or off-site locations.

YOU KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ASSUME ALL RISKS OF ATTENDING OR PARTICIPATING IN THE EVENT, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW.

4. Release and Waiver of Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, IN LAW OR EQUITY, THAT ARISE OUT OF OR RELATE IN ANY WAY TO YOUR REGISTRATION FOR, ATTENDANCE AT, TRAVEL TO OR FROM, PRESENCE AT, OR PARTICIPATION IN THE EVENT, INCLUDING CLAIMS FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, THEFT, LOSS OF USE, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, AND OTHER LOSSES, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES.

Without limiting the foregoing, this release applies whether the alleged incident occurs: (a) at the principal conference venue; (b) at any hotel, restaurant, bar, club, golf course, boat, dock, lake, transportation pickup point, private residence, sponsor venue, or third-party location; (c) during any official, semi-official, unofficial, ancillary, adjacent, invite-only, or attendee-organized function connected to DCAC; or (d) while traveling to, from, or between any such locations.

5. No Reliance on Supervision; Personal Responsibility

You acknowledge that Company is not undertaking to supervise you, provide security for you, monitor your physical condition, transport you safely, protect your property, or prevent third parties from engaging in wrongful conduct. You are solely responsible for your own conduct, health, hydration, transportation, insurance, valuables, and personal safety decisions, including decisions involving alcohol, boating, swimming, nightlife, and transportation by third parties.

6. Health; Fitness; Medical Consent

You represent that you are physically and mentally able to participate safely in the Event activities you choose to attend. You agree not to participate in any activity while impaired, intoxicated, fatigued, ill, or otherwise unable to do so safely. If emergency medical care is deemed advisable, you authorize emergency response and medical treatment, understanding that the Released Parties assume no duty to provide it and are not responsible for charges, quality of care, delay, or outcome.

7. Alcohol, Water, and Recreational Activities

7.1 Alcohol Consumption. If you choose to consume alcohol at any Event function, you do so at your own risk and acknowledge that you are solely responsible for monitoring your own consumption, understanding your limits, and making safe decisions. You agree that you will not operate any vehicle, watercraft, boat, golf cart, bicycle, or other motorized or non-motorized equipment while impaired or under the influence of alcohol. You will not participate in any water-related activity, boating, swimming, or physically demanding recreational activity while impaired, intoxicated, or otherwise unable to do so safely. You acknowledge that alcohol consumption impairs judgment, balance, coordination, reaction time, and decision-making ability, and significantly increases the risk of drowning, falls, collisions, and other serious injuries. Company does not undertake to monitor your alcohol consumption, prevent over-consumption, provide transportation, or intervene in your decisions, and you waive any claim based on Company’s alleged failure to do so.

7.2 Water Activities – General Warnings. You acknowledge that water-related activities of any kind, including but not limited to boating, swimming, wading, paddle boarding, kayaking, tubing, water skiing, jet skiing, dock use, marina access, lake outings, river activities, and any other contact with or proximity to bodies of water, involve serious inherent risks including drowning, near-drowning, hypothermia, cardiac events, collision with vessels or objects, propeller injuries, slips and falls on wet surfaces, submerged hazards, unpredictable water conditions, waves, currents, sudden depth changes, entanglement, entrapment, waterborne illness, and lack of immediate rescue or medical assistance. You expressly acknowledge and voluntarily assume all such risks.

7.3 No Lifeguards; No Supervision; No Rescue Obligation. You acknowledge and agree that Company does not provide, staff, arrange for, or guarantee the presence of lifeguards, water safety personnel, rescue equipment, or emergency response capabilities at any water-related Event activity. You further acknowledge that Released Parties have no duty to supervise, observe, monitor, or rescue you or any other attendee from any water-related danger or emergency. You participate in all water activities entirely at your own risk and are solely responsible for your own safety.

7.4 Swimming Ability and Conditions. You represent that if you choose to enter any body of water, you are a competent swimmer, are physically able to swim in open water conditions, understand the risks of open water swimming (as distinct from pool swimming), and have assessed the conditions (including temperature, depth, clarity, currents, weather, hazards, and your alcohol consumption) and determined it is safe for you to proceed. You acknowledge that water conditions can change rapidly and without warning. You agree not to swim alone, not to swim while intoxicated or impaired, not to dive into water of unknown depth, and not to enter water if you are not a competent swimmer or if conditions are unsafe.

7.5 Life Jackets and Safety Equipment. You acknowledge that Company has no obligation to provide, supply, distribute, inspect, maintain, or ensure the use of life jackets, personal flotation devices (PFDs), or any other safety equipment. If you choose to participate in any boating or water activity, you are solely responsible for determining whether a life jacket or PFD is necessary or advisable, obtaining and wearing such equipment, ensuring it is properly fitted and U.S. Coast Guard approved, and complying with all applicable laws and regulations regarding flotation devices. The Released Parties shall have no liability for your decision to use or not use such equipment or for any defect, failure, or inadequacy of any equipment you use.

7.6 Boating Activities. If you board, ride in, operate, or are transported by any boat, watercraft, yacht, pontoon, speedboat, sailboat, ferry, shuttle, or other vessel, you do so at your own risk. You acknowledge risks including capsizing, collision, sinking, falling overboard, propeller injury, wake turbulence, operator error, mechanical failure, and adverse weather. You agree to follow all instructions from the vessel operator, remain seated when directed, wear any required safety equipment, refrain from disruptive or unsafe conduct, and not distract or interfere with the operator. You acknowledge that vessel operators may be independent third-party contractors over whom Company has no control, and that Company makes no representation regarding their training, licensing, experience, sobriety, competence, or insurance. You agree to comply with U.S. Coast Guard regulations and Texas Parks and Wildlife Department boating laws.

7.7 Weather and Environmental Conditions. You acknowledge that outdoor and water activities are subject to weather conditions including heat, sun exposure, storms, lightning, high winds, rain, and temperature extremes, any of which can create serious danger. You are solely responsible for monitoring weather conditions, heeding warnings, seeking shelter, and making prudent decisions about whether to participate in or continue any outdoor or water activity. Company has no duty to cancel, postpone, or halt activities due to weather and shall not be liable for injuries arising from weather-related conditions.

7.8 Golf and Recreational Activities. If you participate in golf, mini-golf, or any other recreational, sporting, or physical activity, you acknowledge risks including being struck by golf balls or equipment, slips and falls, golf cart accidents, heat exhaustion, overexertion, and injuries from uneven terrain, and you voluntarily assume all such risks. You agree to follow all course rules, cart operation guidelines, and safety instructions.

7.9 Prohibited Conduct. You agree that you will not: (a) enter any restricted, prohibited, or clearly unsafe area; (b) remove, deface, or ignore posted warnings, signs, buoys, barriers, or safety markers; (c) engage in reckless, dangerous, or unsafe conduct; (d) operate any equipment in violation of instructions or while impaired; or (e) encourage or assist others in unsafe behavior. Violation of this provision may result in immediate removal from the Event without refund, and you shall remain fully liable for all consequences of such conduct.

7.10 Express Assumption of Risk for Alcohol and Recreational Activities. YOU EXPRESSLY ACKNOWLEDGE THAT CONSUMPTION OF ALCOHOL AND PARTICIPATION IN WATER ACTIVITIES, BOATING, SWIMMING, AND RECREATIONAL ACTIVITIES ARE INHERENTLY DANGEROUS AND INVOLVE A SUBSTANTIAL AND SERIOUS RISK OF PROPERTY DAMAGE, SERIOUS PERSONAL INJURY, AND DEATH. YOU FREELY, VOLUNTARILY, AND KNOWINGLY ASSUME ALL RISKS ASSOCIATED WITH SUCH ACTIVITIES, INCLUDING RISKS CREATED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, AND YOU AGREE THAT THE RELEASED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INJURY, DEATH, OR LOSS ARISING FROM OR RELATED TO SUCH ACTIVITIES.

8. Attendee Conduct; Removal

Company reserves the right, in its sole and absolute discretion, to refuse admission to, deny entry to, revoke credentials from, eject, or remove any attendee from all or part of the Event at any time, without prior warning, without refund of any registration fee, ticket price, or other payment, and without liability of any kind, if Company believes, suspects, or determines in its sole judgment that the attendee: (a) is intoxicated, impaired, under the influence of drugs or alcohol, or otherwise unable to participate safely; (b) is disorderly, unruly, disruptive, argumentative, combative, belligerent, aggressive, threatening, or difficult; (c) is engaging in harassing, offensive, abusive, discriminatory, or inappropriate conduct, language, or communications toward any person; (d) is violent or potentially violent, or has made threats of violence or harm; (e) is unsafe or creating an unsafe condition or environment; (f) is violating or has violated any law, regulation, ordinance, or legal requirement; (g) is violating or has violated any venue policy, rule, restriction, or directive, including those of hotels, restaurants, boats, transportation providers, or third-party locations; (h) is infringing or misappropriating intellectual property or confidential information; (i) has brought or is in possession of weapons, illegal substances, or prohibited items; (j) is engaging in unauthorized recording, photography, or commercial activity; (k) is presenting falsified credentials, tickets, or identification; (l) is acting in a manner inconsistent with the safety, security, reputation, business interests, or objectives of the Event, Company, sponsors, speakers, or other attendees; (m) is the subject of complaints, reports, or concerns raised by other attendees, staff, speakers, sponsors, vendors, or venue personnel; or (n) is otherwise, in Company’s sole and absolute judgment, a concern to Company, its personnel, sponsors, or any other attendee, or whose continued presence Company deems undesirable, inappropriate, or contrary to the Event’s purpose or atmosphere.

Company’s determination shall be final, binding, and non-appealable. Removed attendees must leave immediately and shall have no right to re-enter. No refund, credit, or compensation of any kind shall be provided. Attendees are required to comply immediately with all instructions and directives from Company personnel, security staff, or venue operators. Failure to comply may result in involvement of law enforcement and potential prosecution for trespass or other violations. Company may, but has no obligation to, share information concerning removed attendees with venue security, law enforcement, industry partners, or other Event stakeholders. This removal right is in addition to, and does not limit, any other rights or remedies available to Company at law or in equity.

9. Personal Property

You are solely responsible for all personal property you bring to, use at, store at, check with, leave at, or transport to or from the Event, including without limitation: electronics, computers, phones, tablets, cameras, recording equipment, jewelry, watches, clothing, luggage, backpacks, purses, wallets, cash, credit cards, identification, badges, keys, vehicles, bicycles, sports equipment, golf clubs, swimming or boating gear, medications, and any other items of value. The Released Parties are not responsible for and shall have no liability whatsoever for any lost, stolen, damaged, misplaced, destroyed, confiscated, or unattended items, whether at registration, badge pickup, the venue, coat check, storage areas, parking lots, garages, valet services, transportation, shuttles, boats, docks, hotels, restaurants, bars, golf courses, or any off-site functions or third-party locations.

You acknowledge and agree that: (a) no bailment relationship is created by checking, storing, or leaving any property at or near the Event, even if Company or venue staff handle, tag, or temporarily hold such property; (b) any coat check, bag check, valet parking, bicycle parking, or storage service is provided solely for your convenience, at your sole risk, and without any duty of care or liability on the part of the Released Parties; (c) you waive any claim for breach of bailment, conversion, negligent custody, or similar property-based claims; and (d) the Released Parties have no duty to provide security, surveillance, safekeeping, insurance, or protection for your property.

If you bring high-value items (in excess of $500 individually or $2,500 in aggregate) to the Event, you do so at your own risk and are solely responsible for insuring and safeguarding such property. You agree to waive any subrogation rights your insurer may have against the Released Parties.

You are solely responsible for damage to or loss of any vehicle you drive, park, or use in connection with the Event, whether parked at a venue lot, hotel, street parking, valet service, or third-party facility, and whether such damage arises from collision, vandalism, theft, weather, towing, or any other cause. Company is not a party to any valet, parking, or vehicle transportation agreement.

10. Media Capture; Likeness Release

You acknowledge that the Event may be photographed, livestreamed, audio-recorded, and video-recorded by Company, its designees, sponsors, contractors, media, and other authorized persons. For good and valuable consideration, the receipt and sufficiency of which you acknowledge, you hereby irrevocably grant to Company and its designees a perpetual, worldwide, transferable, sublicensable, royalty-free, fully paid-up right and license to photograph, record, capture, reproduce, distribute, publish, publicly display, publicly perform, edit, modify, adapt, create derivative works from, transmit, exploit, and otherwise use your name, image, likeness, voice, statements, biographical information, appearance, and performance, in whole or in part, in any media or format now known or later developed, for any lawful purpose whatsoever, including advertising, publicity, promotion, social media, internal use, archival use, investor materials, sponsor materials, trade use, and commercial exploitation, without further consent, notice, approval, compensation, or accounting.

You waive any right to inspect or approve the finished product or the use to which it may be applied, and you waive any claim for invasion of privacy, right of publicity, defamation, false light, misappropriation, moral rights, or similar claims arising from the authorized use of such materials, except to the extent such waiver is prohibited by law.

11. Attendee-Created Content

Company may repost, share, or reference social posts, photographs, videos, comments, or other content that you publicly post relating to the Event, together with your handle, name, likeness, or statements, unless you notify Company in writing that a particular use is objectionable and Company elects to honor that request.

12. Intellectual Property and Recording Restrictions

Unless expressly authorized in writing, you may not commercially record, reproduce, distribute, livestream, sell, or exploit presentations, performances, Event content, or third-party intellectual property made available at the Event. Company reserves all rights in Event names, marks, logos, recordings, and content.

13. Third-Party Venues and Providers

You understand that portions of the Event may occur at third-party venues or involve third-party transportation, food service, alcohol service, entertainment, or recreation providers. The Released Parties are not responsible for the acts, omissions, solvency, licensing, insurance, qualifications, or conduct of any such third parties. Venue rules, security rules, alcohol policies, and site-specific restrictions may also apply, and you agree to comply with them. Venue-incorporation terms are common in current conference contracts.

14. Indemnity

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, HOLD HARMLESS, AND REIMBURSE THE COMPANY AND THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL THIRD-PARTY AND FIRST-PARTY CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, ARBITRATIONS, MEDIATIONS, LIABILITIES, OBLIGATIONS, DAMAGES (INCLUDING COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES), LOSSES, JUDGMENTS, AWARDS, SETTLEMENTS, PENALTIES, FINES, COSTS, FEES, AND EXPENSES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEYS’ FEES, PARALEGAL FEES, EXPERT WITNESS FEES, INVESTIGATION COSTS, COURT COSTS, AND COSTS OF APPELLATE PROCEEDINGS) ARISING OUT OF, RESULTING FROM, RELATING TO, CONNECTED WITH, OR ALLEGED TO ARISE OUT OF, RESULT FROM, RELATE TO, OR BE CONNECTED WITH, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY: (A) YOUR REGISTRATION FOR, APPLICATION TO ATTEND, ATTENDANCE AT, PRESENCE AT, TRAVEL TO OR FROM, OR PARTICIPATION IN THE EVENT OR ANY ACTIVITY ASSOCIATED WITH OR RELATED TO THE EVENT; (B) YOUR ACTS, ACTIONS, OMISSIONS, NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, RECKLESSNESS, INTENTIONAL TORTS, STRICT LIABILITY, BREACH OF DUTY, OR OTHER FAULT OR WRONGFUL CONDUCT OF ANY KIND; (C) YOUR BREACH, VIOLATION, OR NON-PERFORMANCE OF THIS AGREEMENT OR ANY OTHER AGREEMENT, POLICY, RULE, OR OBLIGATION; (D) YOUR VIOLATION, BREACH, OR NON-COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, CODE, RULE, PERMIT REQUIREMENT, GOVERNMENTAL ORDER, OR LEGAL OBLIGATION OF ANY KIND, WHETHER FEDERAL, STATE, LOCAL, OR OTHERWISE; (E) YOUR VIOLATION OF ANY VENUE RULE, POLICY, RESTRICTION, SAFETY REQUIREMENT, OR DIRECTIVE OF ANY VENUE OPERATOR, PROPERTY OWNER, HOTEL, TRANSPORTATION PROVIDER, BOAT OPERATOR, OR OTHER THIRD PARTY; (F) INJURY TO OR DEATH OF ANY PERSON (INCLUDING YOURSELF, YOUR EMPLOYEES, AGENTS, GUESTS, INVITEES, OR ANY THIRD PARTY), OR DAMAGE TO, LOSS OF, OR DESTRUCTION OF ANY PROPERTY (INCLUDING PROPERTY BELONGING TO YOU, THE RELEASED PARTIES, OR ANY THIRD PARTY), CAUSED OR ALLEGEDLY CAUSED BY YOU, IN WHOLE OR IN PART; (G) ANY CONTENT, MATERIALS, STATEMENTS, REPRESENTATIONS, INTELLECTUAL PROPERTY, DATA, OR INFORMATION YOU SUBMIT, POST, UPLOAD, DISPLAY, DISTRIBUTE, TRANSMIT, OR COMMUNICATE IN CONNECTION WITH THE EVENT; (H) ANY CLAIM BY YOUR EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES ARISING OUT OF THEIR ATTENDANCE AT OR PARTICIPATION IN THE EVENT; (I) ANY SUBROGATION CLAIM OR RIGHT OF RECOVERY ASSERTED BY YOUR INSURER OR ANY OTHER PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF; OR (J) ANY OTHER MATTER ARISING OUT OF OR RELATING TO YOUR CONNECTION WITH THE EVENT. THIS INDEMNIFICATION OBLIGATION EXPRESSLY APPLIES TO AND INCLUDES CLAIMS, LIABILITIES, LOSSES, AND EXPENSES: (I) CAUSED BY, RESULTING FROM, OR ARISING OUT OF THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, RECKLESSNESS, STRICT LIABILITY, BREACH OF STATUTORY DUTY, BREACH OF CONTRACT, OR OTHER FAULT OF ONE OR MORE OF THE RELEASED PARTIES, EXCEPT TO THE EXTENT CAUSED SOLELY BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTIES WITHOUT ANY CONTRIBUTING FAULT, NEGLIGENCE, BREACH, OR WRONGFUL CONDUCT ON YOUR PART; (II) ALLEGING OR ASSERTING VIOLATIONS OF ANY STATUTE, REGULATION, OR COMMON LAW DUTY, INCLUDING BUT NOT LIMITED TO CLAIMS UNDER THE TEXAS DECEPTIVE TRADE PRACTICES ACT, DRAM SHOP LAWS, PREMISES LIABILITY, NEGLIGENT SUPERVISION, FAILURE TO WARN, NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, ASSAULT, BATTERY, FALSE IMPRISONMENT, DEFAMATION, INVASION OF PRIVACY, NEGLIGENT OR INTENTIONAL MISREPRESENTATION, FRAUD, CONSPIRACY, OR ANY OTHER TORT OR STATUTORY CAUSE OF ACTION; (III) SEEKING ANY FORM OF RELIEF, WHETHER LEGAL OR EQUITABLE, INCLUDING INJUNCTIVE RELIEF, DECLARATORY RELIEF, SPECIFIC PERFORMANCE, RESTITUTION, OR DISGORGEMENT; (IV) ASSERTED DERIVATIVELY OR AS SUBROGATION CLAIMS BY INSURERS, EMPLOYERS, FAMILY MEMBERS, OR OTHER THIRD PARTIES; AND (V) FOR PRE-JUDGMENT INTEREST, POST-JUDGMENT INTEREST, COSTS OF COLLECTION, AND ALL COSTS INCURRED IN ENFORCING THIS INDEMNITY PROVISION. YOUR DEFENSE OBLIGATION REQUIRES YOU TO RETAIN AND PAY FOR COMPETENT LEGAL COUNSEL REASONABLY ACCEPTABLE TO THE RELEASED PARTIES, TO DILIGENTLY DEFEND AGAINST ANY COVERED CLAIM, TO KEEP THE RELEASED PARTIES FULLY INFORMED OF THE STATUS OF ANY SUCH CLAIM OR PROCEEDING, TO REFRAIN FROM ADMITTING LIABILITY OR SETTLING ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE RELEASED PARTIES, AND TO ALLOW THE RELEASED PARTIES TO PARTICIPATE IN THE DEFENSE AT YOUR EXPENSE IF THE RELEASED PARTIES ELECT TO DO SO. THIS INDEMNITY OBLIGATION IS INDEPENDENT OF AND IN ADDITION TO ANY INSURANCE COVERAGE, IS NOT LIMITED BY THE EXISTENCE OR ABSENCE OF INSURANCE COVERAGE, SHALL NOT BE CONSTRUED AS LIMITED BY ANY OTHER PROVISION OF THIS AGREEMENT, AND SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND THE CONCLUSION OF THE EVENT.

15. Disclaimer of Warranties

The Event is provided on an “as is” and “as available” basis. Company makes no representation or warranty regarding attendance levels, business opportunities, speaker lineups, safety, security, venue conditions, transportation, catering, weather, uninterrupted access, or the suitability of any activity for any attendee.

16. Event Changes; Cancellation

Company may alter schedules, speakers, venues, programming, social functions, or Event components at any time and for any reason, with or without notice. Company may cancel, postpone, shorten, relocate, or modify the Event or any portion of it. Unless Company expressly states otherwise in a refund policy, Company shall have no liability for travel, lodging, lost profits, opportunity costs, or incidental or consequential losses arising from any such change. Similar provisions appear in current conference terms.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, OR FOR ANY DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOST DATA, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, REPUTATIONAL HARM, EMOTIONAL DISTRESS, MENTAL ANGUISH, PAIN AND SUFFERING, LOSS OF CONSORTIUM, LOSS OF COMPANIONSHIP, LOSS OF SOCIETY, DIMINUTION IN VALUE, COST OF SUBSTITUTE OR REPLACEMENT GOODS OR SERVICES, COVER DAMAGES, RELIANCE DAMAGES, OR ANY OTHER ECONOMIC, NON-ECONOMIC, PECUNIARY, OR NON-PECUNIARY LOSSES OR DAMAGES OF ANY KIND, ARISING OUT OF, RESULTING FROM, RELATING TO, OR CONNECTED WITH THE EVENT, THIS AGREEMENT, OR YOUR ATTENDANCE AT, PARTICIPATION IN, TRAVEL TO OR FROM, OR ANY OTHER INVOLVEMENT WITH THE EVENT, REGARDLESS OF THE LEGAL THEORY UPON WHICH SUCH CLAIM IS BASED (INCLUDING CONTRACT, TORT, STRICT LIABILITY, PRODUCTS LIABILITY, NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE (TO THE EXTENT PERMITTED BY LAW), BREACH OF WARRANTY, BREACH OF STATUTORY DUTY, MISREPRESENTATION, FAILURE TO WARN, OR ANY OTHER CAUSE OF ACTION), REGARDLESS OF THE FORESEEABILITY OR LIKELIHOOD OF SUCH DAMAGES, REGARDLESS OF WHETHER COMPANY OR ANY RELEASED PARTY HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL, CUMULATIVE, AGGREGATE LIABILITY OF THE RELEASED PARTIES, INDIVIDUALLY AND COLLECTIVELY, FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING DIRECT, COMPENSATORY, AND NOMINAL DAMAGES), ARISING OUT OF, RESULTING FROM, RELATING TO, OR CONNECTED IN ANY WAY WITH THE EVENT, THIS AGREEMENT, YOUR REGISTRATION, ATTENDANCE, PARTICIPATION, PRESENCE, OR INVOLVEMENT OF ANY KIND, OR ANY ACTS, OMISSIONS, CONDUCT, SERVICES, ACTIVITIES, FUNCTIONS, OR OPERATIONS OF COMPANY OR ANY OF THE RELEASED PARTIES IN CONNECTION WITH THE EVENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE TO THE EXTENT PERMITTED BY LAW), STRICT LIABILITY, PRODUCTS LIABILITY, STATUTORY DUTY, BREACH OF WARRANTY, MISREPRESENTATION, FRAUD, RESTITUTION, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND REGARDLESS OF WHETHER THE CLAIM IS BROUGHT INDIVIDUALLY, DERIVATIVELY, AS A THIRD-PARTY BENEFICIARY CLAIM, AS A SUBROGATION CLAIM, OR IN ANY OTHER CAPACITY, SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT OF REGISTRATION FEES, TICKET PRICES, AND OTHER AMOUNTS ACTUALLY PAID BY YOU DIRECTLY TO COMPANY FOR YOUR ATTENDANCE AT THE EVENT (EXCLUDING AMOUNTS PAID TO THIRD PARTIES FOR HOTELS, TRAVEL, OR OTHER ANCILLARY GOODS OR SERVICES NOT PROVIDED DIRECTLY BY COMPANY); OR (B) FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS GREATER. THIS LIABILITY CAP APPLIES ON A PER-ATTENDEE BASIS AND REPRESENTS THE MAXIMUM RECOVERY AVAILABLE TO YOU FROM ALL RELEASED PARTIES COMBINED FOR ALL CLAIMS OF ANY KIND. THIS LIABILITY LIMITATION IS CUMULATIVE AND APPLIES TO THE AGGREGATE OF ALL CLAIMS, CAUSES OF ACTION, OBLIGATIONS, LIABILITIES, AND THEORIES OF RECOVERY, REGARDLESS OF HOW MANY CLAIMS ARE ASSERTED, HOW MANY LEGAL THEORIES ARE ADVANCED, HOW MANY INCIDENTS OCCUR, OR HOW MANY RELEASED PARTIES ARE NAMED. THIS CAP APPLIES PER PERSON AND IS NOT MULTIPLIED BY THE NUMBER OF RELEASED PARTIES, THE NUMBER OF CLAIMS ASSERTED, THE NUMBER OF OCCURRENCES, OR THE NUMBER OF LEGAL THEORIES PURSUED. IN THE EVENT OF MULTIPLE CLAIMANTS OR MULTIPLE CLAIMS ARISING FROM RELATED EVENTS OR A SINGLE OCCURRENCE, THE TOTAL AGGREGATE LIABILITY OF ALL RELEASED PARTIES TO ALL CLAIMANTS SHALL NOT EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) PER OCCURRENCE, AND COMPANY RESERVES THE RIGHT TO ALLOCATE SUCH AMOUNT AMONG CLAIMANTS ON A PRO-RATA BASIS, WITH EACH CLAIMANT’S RECOVERY SUBJECT TO THE INDIVIDUAL CAP STATED ABOVE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH IN THIS SECTION ARE REASONABLE, WERE BARGAINED FOR, ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND COMPANY, REFLECT THE RISKS ASSUMED AND THE CONSIDERATION EXCHANGED, AND THAT WITHOUT THESE LIMITATIONS COMPANY WOULD NOT PERMIT ATTENDANCE AT THE EVENT OR WOULD CHARGE SUBSTANTIALLY HIGHER REGISTRATION FEES. THESE LIMITATIONS SHALL APPLY EVEN IF ANY REMEDY PROVIDED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, AND SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION OF THIS AGREEMENT OR CONCLUSION OF THE EVENT.

18. Covenant Not to Sue

You agree that you will not commence, maintain, or prosecute any suit, claim, arbitration, or proceeding against any Released Party with respect to any claim released by this Agreement.

19. Electronic Acceptance

You agree that clicking “I agree,” checking a box, or otherwise electronically assenting to this Agreement constitutes your electronic signature and your intent to be legally bound, with the same force and effect as a handwritten signature. Texas recognizes electronic signatures and records under Chapter 322 of the Business & Commerce Code.

20. Governing Law; Venue; Waiver of Jury Trial

This Agreement, and any dispute or claim arising out of or relating to it or the Event, shall be governed by the laws of the State of Texas, without regard to conflict-of-law rules. Exclusive venue for any litigation shall lie in the state courts of Travis County, Texas, or if federal jurisdiction exists, the United States District Court for the Western District of Texas, Austin Division. You consent to such jurisdiction and venue.

21. Severability

If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application
of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

22. Entire Agreement; Order of Precedence

This Agreement constitutes the entire agreement between you and Company concerning the subject matter hereof and supersedes prior or contemporaneous oral or written understandings on that subject. To the extent of any conflict between this Agreement and other Event-related policies, this Agreement controls with respect to releases, waivers, assumption of risk, media rights, damages limitations, and dispute resolution.

23. Class Action Waiver

To the fullest extent permitted by law, you agree that any claim shall be brought solely in your individual capacity and not as a plaintiff or class member in any purported class, collective, representative, or mass action.

24. Acknowledgment

BY CLICKING “I AGREE,” YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN FULL, UNDERSTAND IT, UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR CLAIMS OTHERWISE RELEASED HEREIN, AND AGREE TO BE BOUND BY IT VOLUNTARILY.

Last Updated: March 11, 2026.