This 2027 Conclave Event Participation Agreement (the “Agreement”) is by and between American Gem Society, a non-profit entity with a place of business at 8881 W. Sahara Ave., Las Vegas, Nevada, 89117 (“AGS” or “Host”) and you, the individual registering for the 2027 Conclave Event (“Event”) (hereinafter, “Participant” or “you”). This Agreement specifies the terms under which Participant may apply and participate in the Event as further defined here. If you are registering on behalf of another, it is your responsibility to ensure that the person attending the Event is aware and accepts the terms in this Agreement, and by completing the registration you are warranting that you have made the attendee aware of these terms and that they have accepted these terms.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and of other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Participant hereby agrees as follows:
Conclave Event and Registration
The Event will include but is not limited to educational events, activities, networking events, and meetings. Registration is dependent on availability. Host reserves the right to deny registration in its sole discretion and provide a refund of the registration fee paid.
Dates
The Event will be held from the start date of May 2, 2027, to May 5, 2027. Host reserves the right to modify the dates as necessary and will provide reasonable notification via the Event site or by other means.
Location of Activities
The location of the Event activities will be detailed on the Event site and may be modified from time to time by Host.
Event Participation Requirements
Subject to compliance with the terms and conditions of this Agreement and any other registration materials provided to you during your registration for the Event or otherwise provided to you by Host in connection with your registration, and full payment of any applicable fees, you may participate in the Event you have registered for through the Event site. Host reserves the right to deny registration in its sole discretion.
Event Policies
You hereby acknowledge and agree that you will comply with all Event policies provided to you by Host, including, but not limited to the Code of Conduct and Health and Safety Protocols, as well as any instructions related to the Event provided to you by Host during your participation in the Event. You acknowledge and agree that you will be fully responsible and liable for your conduct during your participation in the Event and that you will comply with all local and federal laws while participating in the Event. You will not stalk, threaten, or harass any Host personnel or any other participant in the Event or infringe upon or attempt to infringe upon any rights of any third parties while participating in the Event.
Health Notice and Waiver
In the interest of public safety, Host will continue to monitor and update safety precautions regularly and coordinate with trusted national resources, state and local public health agencies, and the hotel hosting the Event. In all cases, Host will continue to assess the risks in the area local to the event and the current status in the United States; however, Host cannot guarantee that you or any participant will not become infected with COVID-19 or a related or unrelated illness.
By registering for the Event, you agree to the following:
Registration Fees and Discounts
Registration fees are as published on the Event site. AGS may offer an early-bird discount of $100 off full Conclave registration purchased at the standard list price, valid through January 31, 2027. The early-bird discount applies only to full registration at list price and does not apply to guest, single-event, non-member, or other discounted or reduced-fee registration categories. Where a Participant qualifies for more than one discount (including, without limitation, membership-level and early-bird discounts), only the single highest applicable discount will be applied to that registration; discounts may not be combined with each other or with any other promotional offer.
Payment
Full payment in USD for participation in the Event is due at the time of registration via the Event site unless otherwise agreed to by Host.
Termination of Participation
If you fail to comply with the terms of the Agreement or any instructions by Host related to your participation in the Event, Host may deny your registration or terminate your participation in the Event effective immediately upon notice. In the event of such termination as provided under this Section, you will not be entitled to a refund of any fees paid for registering or participating in the Event.
Discontinuance of the Event
Host reserves the right in its sole discretion and from time to time, to modify or discontinue, temporarily or permanently, or cancel the Event, with reasonable notice to Participant via the Event site or by other means. Subject to the Refund and Cancelation Policy below, you agree that Host shall not be liable to you or any third party for any modification to or interruption of the Event or otherwise, or for any losses or damages that may result to Participant from such modification or interruption.
Refund and Cancelation Policy
Full/partial event registration, excursions, or any other programs you may register for are subject to this Refund and Cancelation Policy. All cancelation notices must be in writing and sent by email to [email protected]. Cancelation requests made any other way, such as by phone or verbally, will not be accepted, and your refund is based on the date your written notice is received:
If the event is canceled by Host, you will receive a full refund to the original form of payment as applicable. Please note it may take up to ten (10) business days for such a refund to be processed. If you have any questions, please email [email protected].
Feedback
You agree that any and all Event feedback and/or testimonials provided by you to Host during or after the Event shall be and is the property of Host, and you acknowledge and agree that Host may use such information in marketing materials or other business activities of Host in its sole discretion. Such use may attribute your feedback and/or testimonials to you and may include your name and likeness. You hereby consent to Host’s use of your personal information as described herein.
Confidentiality
You agree that all materials, information, and know-how marked as “Confidential” or described verbally as “Confidential” whether tangible or intangible, and whether or not in writing, provided by Host or otherwise acquired by you as a consequence of or during your participation in the Event (collectively, “Confidential Information”) is and shall be, as between the parties, the exclusive property of Host. You shall not disclose any Confidential Information to others outside of Host (other than as required by law pursuant to the reasonable advice of legal counsel, provided that you promptly notify Host of such requirement so that it may have every reasonable opportunity to consent to such disclosure) or use the same or allow the use of the same by any other person or entity, for any purposes other than as expressly approved by Host, either during the term of or after the termination of the Event.
Intellectual Property
Ownership of Event and Related Materials. Host owns and shall own all right, title, and interest in and to the Event, including, without limitation, all data, materials, logos, artwork, and derivative works thereto, together with all copyrights and other intellectual property rights relating thereto.
Trademarks, Publicity, and Advertising. You hereby acknowledge and agree that Host owns all right, title, and interest in and to its respective trademarks, service marks, logos, slogans, brand names, and trade dress, registered or unregistered (collectively, “Trademarks”). This Agreement does not grant any right, title, interest, or license to any Trademarks. Prior to the use of any Trademarks, written consent by the owner of the Trademark must be obtained. Any news release, public announcement, advertisement, or any form of publicity pertaining to this Agreement and the Event will be subject to prior written approval by Host.
Participant Consent and Release
As a Participant in the Event, you may be included in images, photos, articles, press releases, video recording, and audio recording of you, your name, voice, or likeness, and property (collectively, “Event Content”) at the event locations, in transit, or through your participation in the Event. While Host does not require you to be captured in any Event Content, you hereby grant a non-exclusive, transferable, irrevocable, unrestricted, royalty-free, worldwide license in perpetuity to the Host, its affiliates, successors, and assigns to use, reuse, modify, edit, alter, copy, publish, republish, and distribute the Event Content including derivative works of each, in any and all media now known or later invented including without limitation print, web, video, audio, internet, or social media, or for any purpose Host in its sole discretion deems appropriate. You understand that you will not be paid for inclusion in the Event Content and have no rights to such inclusion. You hereby waive any right to inspect or approve the finished Event Content or any related materials that may be used in conjunction therewith or to the eventual use that it may be applied. You waive any right of publicity or right of privacy, copyright, trademark, or other right that may be associated with the exploitation of your persona and/or performances in the Event Content that may arise from the creation of such Event Content. You hereby release, discharge, and hold harmless Host, its affiliates, successors, employees, directors, and assigns from any and all claims of harm and liability as a result of or based on right of publicity or privacy, defamation, intellectual property rights, claims of compensation, or any distortion, blurring, or alteration, optical illusion, or use in composite form, either intentionally or otherwise which may occur from making, showing, using, or distributing the Event Content.
Business Information Sharing and Photo Consent
By registering for Conclave, you agree to share your business information (attendee name and organization, mailing address, business phone number, and email address) with Conclave sponsors and speakers, and to make that information accessible to fellow attendees through the Event mobile app, unless you opt out of such sharing during registration. If you do not opt out at registration, you may still update or remove your business information at any time through the MyProfile module of the Event mobile app.
Data Privacy and Security
You agree that AGS may collect your personal information in connection with your registration for and participation in the Event as set forth in AGS’s Privacy Notice at the following link: AGS Privacy Notice.
Computer and Internet Usage
In the course of participating in the Event, you may be provided access to computers and wireless internet in furtherance of the Event. You agree to comply with all Event location policies and usage guidelines while accessing and using any computers or wireless internet functionality provided to you.
Medical Insurance
Host recommends that you maintain medical health insurance while participating in the Event. Host will not provide you with any insurance. You hereby acknowledge and agree that you will be solely responsible for your own medical care and costs.
Non-Disparagement
Participant agrees not to defame or disparage the Host or any of its affiliates, related entities, or any officers, directors, or employees and will not make any false statements that would reasonably be expected to damage or impair the business organization, goodwill, and reputation of the Host or any of its affiliates or related entities.
Disclaimers
THE EVENT IS DELIVERED AS-IS AND NOTHING CONTAINED IN THIS AGREEMENT IS OR WILL BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY HOST, EXPRESS OR IMPLIED, IN RESPECT TO ANY PARTICULAR PURPOSE OF THE EVENT, THE ACCURACY OR CORRECTNESS OF ANY TECHNICAL, INFORMATIVE, OR OTHER DATA PROVIDED TO YOU, OR RELATED TO THE CONTENT OR DELIVERY OF THE EVENT, OR ANY OUTCOMES RELATED TO PARTICIPATING IN THE EVENT. HOST DOES NOT PROVIDE ANY WARRANTY AS TO THE HARMLESSNESS, SAFETY, OR CONDITION OF THE EVENT. HOST MAKES NO OTHER REPRESENTATIONS OR WARRANTIES WHATSOEVER OF ANY KIND OR NATURE, AND HOST DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION, WARRANTY, OR CONDITION WITH RESPECT TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTY ARISING UNDER COURSE OF CONDUCT OR USAGE OF TRADE.
Limitation of Liability
IN NO EVENT WILL THE MEASURE OF DAMAGES PAYABLE INCLUDE, NOR WILL EITHER PARTY BE LIABLE (I) FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF PRODUCTION, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF COMPETITIVE ADVANTAGE, LOSS OF OR CORRUPTION TO DATA, LOSS OF GOODWILL, ANY CLAIMS BY THIRD PARTIES, OR (II) FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE, OR FOR EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN ANY CASE ARISING FROM OR RELATED TO THIS AGREEMENT, THE EVENT, DAMAGE OR LOSS TO PERSONAL PROPERTY, OR OTHERWISE, REGARDLESS OF THE TYPE OF CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, MISREPRESENTATION, STRICT LIABILITY, UNDER AN INDEMNITY OR OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT FORESEEABLE, AND REGARDLESS OF THE CAUSE OF SUCH LOSSES EVEN IF A PARTY HAS BEEN ADVISED OF (OR IS OTHERWISE AWARE OF) THE POSSIBILITY OF SUCH LOSSES IN ADVANCE.
Indemnification and Release of Liability
You hereby agree to indemnify, defend, release and hold Host and its affiliates and their respective directors, officers, employees, and agents harmless from and against any and all liabilities, damages, losses, costs, expenses (including reasonable attorneys’ fees) and penalties (“Damages”) resulting from any claims, demands, or actions to the extent arising out of: (i) your breach of any representation, warranty, covenant, or obligation under this Agreement; (ii) the negligent or willful acts or omissions of your agents, employees, officers, directors, or representatives; (iii) any claim that materials, content, or property provided, displayed, or distributed by you at or in connection with the Event infringe or misappropriate the intellectual property rights of any third party; or (iv) any and all damages or injuries incurred by you or to you while at the Event facilities, any other location of the Event, while participating in the Event, and while in transit to or from the Event. You agree not to institute any claims or legal proceedings against Host or its employees, officers, directors, affiliates, agents, and insurers whether on behalf of you or others, that in any way arise from damages or injuries incurred by you or to you.
Participant Content, Materials, and Property; Assumption of Risk
You are responsible for all content, material, and property including without limitation all personal property, gems, diamonds, articles, jewelry, material, and any and all other property while attending the Event or during transit to or from the Event. You expressly assume all risks associated with, resulting from, or arising in connection with your participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage, or injury to the person including death, and personal property whether caused by negligence, intentional act, accident, act of God, or otherwise. You accept all and sole responsibility for your property and you hereby release, indemnify, and hold harmless Host, affiliates, employees, directors, successors, assigns, any Event facility, and hotels, from any and all risks, losses, damages, and liabilities described in this paragraph. Host at its sole discretion reserves the right to remove, relocate, or restrict any content, materials, or personal property displayed or distributed at the Event.
Term
The Term of this Agreement will commence on the date of your registration for the Event and will continue until the earlier of (i) the Event is completed; (ii) you have canceled your registration; (iii) Host has canceled or discontinued the Event; (iv) Host has terminated your participation in the Event as provided herein; or (v) Host has terminated this Agreement as provided herein. Host may terminate this Agreement at any time for any reason and will notify you in writing.
General Provisions
No Agency. The parties agree nothing in this Agreement shall create a partnership or joint venture between the parties.
Governing Law and Venue. This Agreement shall be governed in accordance with the laws of the State of Nevada. The parties hereby consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of Nevada, USA, in any action arising out of or relating to this Agreement. The parties waive any other venue to which they may be entitled by domicile or otherwise.
Compliance with Law. The parties will comply with applicable federal, state, and local laws and regulations in the performance of this Agreement.
Headings. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement.
Amendment; Waiver. This Agreement may only be amended by a writing signed by authorized representatives of the parties. No approval, consent, or waiver which alters the terms of this Agreement will be enforceable unless signed by Host and Participant.
Force Majeure. Neither party will be liable for delay or failure in performance of any of its obligations under this Agreement to the extent such delay or failure arises from any cause beyond its reasonable control, including without limitation any act of God, pandemic, epidemic, act of government authority or of any civil or military authority, national emergencies, war, riots, strikes, insurrection, terrorism, labor difficulty, failure of communications systems, natural catastrophes, floods, fire, or earthquakes. However, each Party is not relieved to the extent it failed to take reasonable steps to mitigate the effects of the force majeure. For the avoidance of doubt, a Party declaring a force majeure event triggered by the coronavirus or COVID-19 shall not be required to show that the event was unforeseeable.
Notices. All notices, consents, and approvals under this Agreement must be delivered in writing to the addresses included in the preamble by courier, express, certified, or registered mail (postage prepaid and return receipt requested) and will be effective upon receipt or when delivery is refused. A copy of the notice is to be submitted to the contact listed on the Event site.
Assignment. The rights and obligations of the parties under this Agreement shall inure to the benefit of and shall be binding upon their respective successors and permitted assigns. No party may assign, delegate, or subcontract any part of its rights or obligations under this Agreement without prior written consent of all parties.
Survival. The following Sections shall survive the termination of this Agreement: (i) Confidentiality; (ii) Limitation of Liability; (iii) Indemnification and Release of Liability; and (iv) General Provisions.
Severability. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Entire Agreement. This Agreement, in addition to all applicable terms and conditions on the Event site Portal, and Host’s websites, constitutes the entire agreement between the Parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, representations, and communication, whether written or oral.
