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National Adaptation Forum Sponsorship Terms and Conditions
Agreement
These additional terms and conditions together with the Sponsorship Application submitted by Sponsor create a binding agreement between Sponsor and EcoAdapt.
Definitions
As used in this Sponsor Agreement, the capitalized terms appearing below have the following meanings:
“EcoAdapt” means EcoAdapt, a District of Columbia nonprofit corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, which operates the National Adaptation Forum and owns all of the rights associated therewith.
“EcoAdapt Marks” means EcoAdapt’s name and logo and the name and logo of the National Adaptation Forum, in the form and manner EcoAdapt chooses to make them available to Sponsor in connection with and subject to the limited license granted by this Agreement.
“National Adaptation Forum” means the 2024 National Adaptation Forum, which occurs at a place and time of EcoAdapt’s sole choosing to be shared with Sponsor no later than 9 months prior to the event.
“National Adaptation Forum Official Website” means the website at www.NationalAdaptationForum.org.
“Sponsor” means the person whose name appears on the line marked “Sponsor” on the Sponsorship Application.
“Sponsor Marks” means Sponsor’s name, logo, and other marks Sponsor makes available to EcoAdapt under the limited license granted by this Agreement.
“Sponsorship” means the Sponsor’s sponsorship of the National Adaptation Forum at the level indicated on the Sponsorship Application.
Payment Terms and Policy
A. Sponsor has the option of either: (i) enclosing the payment required with the signed Agreement or (ii) requesting an invoice from EcoAdapt. Payment is expected within 30 days after receipt of the invoice; otherwise, approval of the Sponsorship exhibit booth, as applicable, may be rescinded by EcoAdapt in its sole discretion. Payments are to be made to EcoAdapt, PO Box 11195, Bainbridge Island, WA 98110
B. All cancellations must be requested in writing via email to info@NationalAdaptationForum.org. If Sponsor cancels the Sponsorship exhibit booth on or prior to ninety calendar days before the first day of the 2024 National Adaptation Forum, Sponsor will receive a full refund of the amount paid by Sponsor. After ninety calendar days before the first day of the 2024 National Adaptation Forum, no refunds will be issued for any cancellation by Sponsor.
C. Sponsor acknowledges and agrees that EcoAdapt’s acceptance of any payment does not suggest or convey EcoAdapt’s approval, endorsement, certification, acceptance, or referral of any product or service of Sponsor.
D. Sponsor acknowledges that a single sponsorship payment may be treated as separate payments and accounted for as such. A portion of each sponsorship will be allocated to the costs of services and benefits received while the remainder will be considered a contribution to EcoAdapt. Sponsorship funds may be allocated and used as such by EcoAdapt at any time, and not necessarily within the calendar year in which the National Adaptation Forum event is held. A sponsorship may not be fully deductible as a contribution to an exempt organization as described in Section 501(c)(3) of the Internal Revenue Code. Please email info@NationalAdaptationForum.org with accounting questions if needed.
Limited License and Publicity Release to EcoAdapt
Sponsor grants EcoAdapt a limited, revocable, non-exclusive license to use and authorize its agents to use the Sponsor Marks, subject to the reasonable formatting requirements of Sponsor, in order for EcoAdapt to list Sponsor in the National Adaptation Forum program book, to acknowledge the Sponsorship, and to provide the other benefits that correspond with the Sponsorship level or exhibit booth size selected by Sponsor. If Sponsor is assigned the use of a booth, Sponsor grants EcoAdapt an irrevocable right to make and use, and authorize its agents to make and use images, video and audio recordings, in any media, of Sponsor’s exhibit booth and the Sponsor Marks, displays, printed matter, products, and other material appearing in, on, or around the exhibit booth for EcoAdapt- or National Adaptation Forum-related educational, marketing or outreach activities. Sponsor represents and warrants that it has the full right and authority to grant the rights herein; that it has not previously in any manner disposed of any of the rights herein granted to EcoAdapt nor previously granted any rights adverse thereto or inconsistent therewith; that there are no rights outstanding which would diminish, encumber or impair the full enjoyment or exercise of the rights herein granted to EcoAdapt; and that the Sponsor Marks do not and will not violate or infringe upon any patent, copyright, literary, privacy, publicity, trademark, service mark, or any other personal or property right of any third party, nor will same constitute a libel or defamation of any third party.
Limited License to Sponsor
EcoAdapt grants Sponsor a limited, revocable, non-exclusive license to use and authorize its agents to use the EcoAdapt Marks, subject to the reasonable formatting requirements of EcoAdapt, for the limited purpose of promoting the National Adaptation Forum and the Sponsorship, but only if promotion of the Sponsorship is incidental to promotion of the National Adaptation Forum. All uses of the EcoAdapt Marks shall be subject to EcoAdapt’s approval. EcoAdapt reserves the right to deny any use of the EcoAdapt Marks EcoAdapt deems to be inconsistent with the limited license hereunder.
Sponsorship Acknowledgments
Sponsor agrees that all acknowledgments of the Sponsorship will comply with the requirements of the Internal Revenue Code and Internal Revenue Service regulations in order to enable some or all of the Sponsor’s payment to be a “qualified sponsorship payment” under such regulations. The placement, form, content, appearance, and all other aspects of Sponsorship acknowledgments shall be determined by EcoAdapt in its sole discretion, subject to Sponsor’s reasonable formatting requirements.
Exhibit Booth Assignment and Specifications
While EcoAdapt will attempt to accommodate a request for a particular exhibit booth, Sponsor acknowledges that such accommodation may not be possible. EcoAdapt has the right to refuse any applicant for an exhibit booth as well as the right to restrict or evict Sponsor from an exhibit booth if Sponsor breaches this Agreement or if Sponsor’s use of an assigned exhibit booth, in the opinion of EcoAdapt, detracts from the general character of the National Adaptation Forum and EcoAdapt’s charitable and educational mission of advancing climate change adaptation. This right applies to displays, printed matter, promotional materials, noise, personal conduct, and methods of operation. In the event of any such restriction or eviction, EcoAdapt shall not be liable for any refunds or other exhibit expenses. EcoAdapt will use reasonable efforts to prepare exhibit booths in accordance with the specifications and floor plan posted on the National Adaptation Forum Official Website; however, EcoAdapt shall not be liable to Sponsor for any deviation from such specifications and floor plan, which are subject to change by EcoAdapt, in its sole discretion, as circumstances may warrant.
Conduct of Sponsors and Other Attendees
A. If Sponsor is assigned the use of an exhibit booth, Sponsor must confine all materials and promotional activities to its assigned exhibit booth and ensure the safety of all persons staffing or visiting the exhibit booth. Sponsor agrees to pay for any damage to the exhibit booth and associated function space that occurs while Sponsor is using it. Sponsor will not be responsible, however, for ordinary wear and tear or for damage that it can show was caused by persons other than Sponsor and its directors, officers, agents, and employees. All of the following practices are expressly prohibited: promotion of products and services other than those manufactured or regularly distributed by Sponsor; distribution of samples outside of the assigned exhibit booth; excessive noise that interferes with other exhibitors; storage or use of flammable or explosive materials or any substance prohibited by federal, state or local laws; use of materials with strong odors; dispensing alcoholic beverages; use of outside vendors to provide goods or services; and solicitation of business by anyone other than a representative of Sponsor. Sponsor is charged with knowledge of all federal, state, and local laws, ordinances, and regulations pertaining to health, fire prevention, and public safety in connection with its exhibit booth use. Compliance with such laws is mandatory and the sole responsibility of the Sponsor.
B. Sponsor and all attendees of the National Adaptation Forum shall comply with all applicable National Adaptation Forum Sponsor and Attendance Rules as posted on the National Adaptation Forum Official Website. Sponsor acknowledges that EcoAdapt has full power to interpret and enforce such rules and may revise such rules as circumstances warrant at any time by posting updates on the National Adaptation Forum Official Website, and that EcoAdapt reserves the right to restrict or evict Sponsor or any other attendee who violates this Agreement or such rules. In the event of any such restriction or eviction, EcoAdapt shall not be liable for any refunds or other expenses.
Americans with Disabilities Act Compliance
If Sponsor is assigned the use of an exhibit booth, Sponsor represents and warrants that: (A) its exhibit will be accessible to the full extent of the law, (B) its exhibit will comply with the Americans with Disabilities Act (ADA) and its implementing regulations, and (C) it shall indemnify, hold harmless, and defend EcoAdapt and the meeting venue from and against any and all claims and expenses, including reasonable attorneys fees and litigation expenses that may be incurred as a result of Sponsor’s breach of this paragraph or noncompliance with any of the provisions of the ADA.
Liability and Insurance
Sponsor shall at all times defend, indemnify, and hold harmless EcoAdapt, the meeting venue, and their respective directors, officers, agents, and employees, from all claims, demands, action, loss, cost, or liability of every kind (including reasonable legal fees and expenses) arising from, in connection with, or by reason of Sponsor’s use of an exhibit booth or its and its directors, officers, employees, agents and guests’ attendance at the National Adaptation Forum, including but not limited to, any costs incurred as the result of alleged violations arising out of the performance, broadcast, transmission, and display of copyright works including mechanically and electronically reproduced music. EcoAdapt, the meeting venue, and their directors, officers, agents, employees, and volunteers shall not be responsible for the safety of the property of the Sponsor from theft, damage by fire, accident, or other causes, nor for injury that occurs in connection with Sponsor’s use of an exhibit booth to Sponsor or any of its representatives, employees, agents, licensees, or guests. In no event will EcoAdapt or its directors, officers, agents, or employees be liable to Sponsor, whether in contract or tort, for any amount in excess of the amount paid by Sponsor in connection with this Agreement. Sponsor retains the sole responsibility for its own exhibit property. Sponsor must obtain insurance policies covering loss to its exhibit property, and Sponsor must maintain liability insurance to protect against claims of bodily injury, property damage, and personal/advertising injury that may arise in connection with Sponsor’s use of an exhibit booth. Such insurance shall name EcoAdapt and the meeting venue as additional insureds. Sponsor must provide certificates of insurance demonstrating compliance with these requirements upon EcoAdapt’s request.
GOVERNMENT AGENCIES ONLY: If Sponsor is a government agency, Sponsor’s obligations under this Agreement to defend, indemnify and hold harmless shall be limited in substance by statutes and constitutional provisions designed to limit the exposure and liability of Sponsor (e.g., actions and conditions as to which Sponsor is immunized by principles of sovereign immunity), so that its liability shall not exceed the maximum liability it would have under applicable state or federal law if it were sued directly by the claimant.
Force Majeure and Cancellation or Postponement of the National Adaptation Forum
In the event of fire, disaster, terrorism, threat of terrorism, civil disturbance, government or travel advisories, hazardous weather, strike, pandemic, or any unforeseen occurrence that renders it impossible for the National Adaptation Forum to take place as planned, EcoAdapt may, at its option, cancel the National Adaptation Forum. Sponsor hereby waives any claim against EcoAdapt for damages or compensation in the event of such an outcome. If the National Adaptation Forum is canceled, EcoAdapt’s liability shall be limited to the amount paid by Sponsor in connection with this Agreement, less a proportionate share of all expenses incurred by EcoAdapt related to the National Adaptation Forum. No refund shall be made if the dates or location of the National Adaptation Forum change. EcoAdapt shall not be financially liable in the event the National Adaptation Forum is interrupted, canceled, moved, or its dates are changed except as provided herein.
Waiver and Severability
No waiver of any provision of this Agreement shall be valid unless in writing and signed by EcoAdapt. If any portion of this Agreement is determined to be unenforceable or invalid, such determination shall not be deemed to affect the enforceability or validity of the remainder of this Agreement.
Effective as of: 21 June 2021
Last Update: 1 May 2023
National Adaptation Forum Participant Terms and Conditions
Agreement
These terms and conditions create a binding agreement between Participant and EcoAdapt pertaining to registration for the National Adaptation Forum. Participants must review the following important information and select the box confirming that they understand and agree to these terms and conditions.
Definitions
As used in this Participant Agreement, the capitalized terms appearing below have the following meanings:
A. “EcoAdapt” means EcoAdapt, a District of Columbia nonprofit corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, which operates the National Adaptation Forum and owns all of the rights associated therewith.
B. “National Adaptation Forum” means the 6th National Adaptation Forum, which takes place May 14-16, 2024 in Saint Paul, Minnesota at the RiverCentre and the associated off-site field trips.
C. “National Adaptation Forum Official Website” means the website at www.NationalAdaptationForum.org.
D. “Participant” means the person whose name appears on the line marked “Participant” on the Participant registration form. This definition is synonymous with “attendee”.
Payment and Cancellation Terms and Policy
A. Participant agrees to pay in full the registration fee via the online payment system. Participant upon signing up for the National Adaptation Forum and completing payment will receive a registration confirmation and receipt by email upon agreeing to this Agreement and registering for the National Adaptation Forum.
B. Capacity of the National Adaptation Forum is limited. Registration will be handled on a first-come, first-served basis. EcoAdapt reserves its right to accept additional reservations in its sole discretion.
C. All cancellations must be requested in writing via email to info@NationalAdaptationForum.org. If Participant cancels on or before April 21, 2024, participant will receive a refund of the registration fee less a $50.00 processing fee. After April 21, 2024, registrations can be transferred to another person but no refunds will be issued (see substitution policy). Refunds for timely cancellations will be in the form of a check or a direct refund to the credit card used to make the purchase and will be made no later than 30 days after receiving the cancellation notice. No cash refunds will be given.
D. Cancellation of this agreement does not affect Participant’s hotel and travel arrangements. Participant is solely responsible for canceling his/her own hotel and travel reservations.
Substitution Policy
Substitutions of Participant registration for the National Adaptation Forum is within the sole discretion of EcoAdapt. Participants seeking a registration substitution are required to submit to EcoAdapt a written permission from the original registrant no later than May 13, 2024 12:00 AM (ET). All registration information needed for the new registrant must be included when substitution is requested. Please email your request to info@DelaneyMeetingEvent.com. Any registrants seeking substitution after the deadline must work directly with registration staff on site.
Services Included With Registration to National Adaptation Forum
- Admission to the National Adaptation Forum
- National Adaptation Forum program and materials
- Opening plenary session
- Access to over 25 adaptation exhibitors
- Free wi-fi in the RiverCentre
- Daily buffet lunch and morning and afternoon snacks at the venue; beverage service all day during the National Adaptation Forum, including coffee, tea, and water. EcoAdapt expressly reserves the right to change its food and beverage offerings at any time and for any reason.
- Forum Networking and Poster Reception on May 14, 2024 at the RiverCentre
Services Excluded From Registration to National Adaptation Forum
Participants are solely responsible for making their own hotel and travel arrangements. Accommodation during and transportation to the National Adaptation Forum is not included in the registration fee. Due to limited resources, EcoAdapt is not able to accommodate any type of virtual attendance of the National Adaptation Forum. Participants are expected to attend the National Adaptation Forum in person at the RiverCentre.
Disability Modification Requests
EcoAdapt is committed to serving all National Adaptation Forum Participants. Participants with a disability requiring a reasonable modification to facilitate a presentation and/or participation in the conference should submit all modification requests at the time of registration and no later than April 21, 2024. Please email your request details to the conference organizers at info@delaneymeetingevent.com. Conference organizers may seek additional information about a participant’s request to tailor the accommodation(s) accordingly, or confirm EcoAdapt’s ability to provide said accommodation. It is incumbent on a participant to respond, and not doing so may limit EcoAdapt’s ability to meet the request. EcoAdapt will make every effort to accommodate reasonable modification requests that do not impose an undue burden on EcoAdapt. Information regarding disabilities and accommodations will remain confidential.
National Adaptation Forum Program Schedule and Timing
EcoAdapt reserves the right to change the National Adaptation Forum program schedule and timing at any time and for any reason.
Photography, Audio, and Video Recording
EcoAdapt does not prohibit Participants, sponsors, news organizations or other companies from photographing or recording some National Adaptation Forum activities. However any outgoing television, radio, podcast or other recording or broadcast occurring in or originating from the RiverCentre during the National Adaptation Forum requires prior written approval. Please email requests to info@NationalAdaptationForum.org.
EcoAdapt reserves the right to use images and/or recordings taken at the National Adaptation Forum with Participants’ photograph and/or likeness in future outreach, educational, and/or marketing materials, including making the materials available through EcoAdapt (www.ecoadapt.org), Climate Adaptation Knowledge Exchange (www.cakex.org) and National Adaptation Forum (www.NationalAdaptationForum.org) websites.
Content of Discussions and Presentations; Use of Images and Recordings
The views expressed by any speaker, sponsor, exhibitor, or attendee of National Adaptation Forum are not necessarily those of EcoAdapt. All National Adaptation Forum speakers, sponsors, exhibitors or attendees are solely responsible for the content of any and all individual or corporate presentations, marketing collateral, advertising, and online web content.
Speakers and presenters must make their presentation materials, including pamphlets and handouts, available for EcoAdapt using EcoAdapt’s in-house or or Official National Adaptation Forum designated 3rd party applications or platforms. EcoAdapt reserves the right to reproduce these materials for outreach, educational, and/or marketing purposes related to the National Adaptation Forum, including making the materials available through EcoAdapt (www.ecoadapt.org), Climate Adaptation Knowledge Exchange (www.cakex.org) and National Adaptation Forum (www.NationalAdaptationForum.org) websites. Participant notes, which are for personal use only, do not have to be made available to EcoAdapt.
Conduct of Participants
All National Adaptation Forum Participants shall comply with the National Adaptation Forum Code of Conduct. In its sole discretion and without refund, EcoAdapt reserves the right to refuse admittance to or expel from the National Adaptation Forum any Participant that it determines is behaving in a manner that could be disruptive to the National Adaptation Forum or any other attendee. In the event of any such restriction or eviction, EcoAdapt shall not be liable for any refunds or other expenses.
Participant acknowledges that EcoAdapt has full power to interpret and enforce the rules mentioned in this section and in the Code of Conduct and may revise these rules as circumstances warrant at any time by posting updates on the National Adaptation Forum Official Website.
Participant agrees to the following:
A. Participant shall refrain from smoking, including e-cigarette use, or making any open flames while inside the RiverCentre.
B. Participant shall not put up or operate any motor or machinery on the premises or use oils, burning fluids, camphene, kerosene, naphtha or gasoline for either mechanical or other purposes.
C. Participant shall refrain from damaging any personal or real property of the RiverCentre.
D. Participant shall refrain from posting signs, advertisements, show bills, lithographs, posters or cards of any description in or on any part of RiverCentre except in regular locations provided by EcoAdapt.
E. Participant shall refrain from bringing food, beverages, or alcoholic beverages for private consumption (i.e., pizza delivery, coolers with beverages) or helium balloons into the RiverCentre.
F. Participant shall not possess, manufacture, transfer, sell, or use firearms while attending the Forum within property controlled by or affiliated with the RiverCentre. This prohibition exists whether or not a federal or state license to possess the firearm has been issued to the Participant.
G. Participant has reviewed The National Adaptation Forum Code of Conduct on the National Adaptation Forum Official Website and agrees to abide by the Code of Conduct while in attendance.
Liability and Indemnification
EcoAdapt, the RiverCentre, and their directors, officers, agents, employees, and volunteers shall not be responsible for the safety of the property of Participant from theft, damage by fire, accident, or other causes, nor for injury or other health malady, including COVID-19 and variants, that occurs in connection with Participant’s attendance of the National Adaptation Forum. In no event will EcoAdapt or its directors, officers, agents, or employees be liable to Participant, whether in contract or tort, for any amount in excess of the amount paid by Participant to register for the National Adaptation Forum.
Participant shall at all times defend, indemnify, and hold harmless EcoAdapt, the RiverCentre, and their respective directors, officers, agents, and employees, from all claims, demands, action, loss, cost, or liability of every kind (including reasonable legal fees and expenses) arising from, in connection with, or by reason of Participant’s attendance at the National Adaptation Forum, including, but not limited to, any costs incurred as the result of alleged violations of these terms and conditions, the RiverCentre’s requirements, state or federal law, and/or copyright infringements.
Force Majeure and Cancellation or Postponement of the National Adaptation Forum
In the event of fire, disaster, terrorism, threat of terrorism, civil disturbance, pandemic, government or travel advisories, hazardous weather, strike, or any unforeseen occurrence, including, but not limited to, the availability of the RiverCentre, that renders it impossible for the National Adaptation Forum to take place as planned, EcoAdapt may, at its option, postpone, reschedule, and/or cancel the National Adaptation Forum without liability.
Participant hereby waives any claim against EcoAdapt for damages or compensation in the event of such an outcome. If the National Adaptation Forum is canceled, EcoAdapt’s liability shall be limited to the amount paid by Participant in connection with this Agreement, less a proportionate share of all expenses incurred by EcoAdapt related to the National Adaptation Forum. No refund shall be made if the dates or location of the National Adaptation Forum change. EcoAdapt shall not be financially liable in the event the National Adaptation Forum is interrupted, canceled, moved, or its dates are changed except as provided herein.
Governing Law
This agreement shall be deemed to have been made in the State of Washington, USA and its validity, construction, breach, performance and interpretation shall be governed by the laws of the State of Washington, USA.
Dispute Resolution
By registering for the National Adaptation Forum, Participant unconditionally agrees that any dispute or claim arising out of these Terms, any resulting or related transaction, the relationship of the parties, or Participant’s participation in the National Adaptation Forum shall be decided by neutral, exclusive and binding arbitration in Kitsap County, Washington, USA, or other mutually agreed upon venue. Provided, however, that nothing herein shall require arbitration of any claim or charge which, by law, cannot be the subject of a compulsory arbitration agreement.
The arbitration shall be administered by the American Arbitration Association (“AAA”) under its rules. Any arbitration proceeding brought under this Agreement shall be conducted before one arbitrator. The arbitrator shall be selected in accordance with the AAA Rules. Each party to any dispute shall pay its own expenses and fees, including attorneys’ fees. Subject to whatever limitations, if any, exist in the applicable law on such remedies the arbitrator will be empowered to award either party any remedy at law or in equity that the party would otherwise have been entitled to had the matter been litigated in court, including injunctive relief, costs and attorney fees; provided, however, that the arbitrator is not empowered to award punitive or exemplary damages, and the parties waive any right to recover any such damages to the greatest extent permitted by law. The arbitrator shall issue a decision or award in writing, stating the essential findings of fact and conclusions of law.
Either party may appear telephonically at the arbitration hearing. The award of the arbitrator may be enforced in any court of competent jurisdiction located in the State of Washington, USA. In the event that the arbitration clause is deemed void or inapplicable, each party expressly consents to and submits to the personal jurisdiction of the federal or state court(s) of Kitsap County, Washington, USA. Any arbitration proceedings, decision or award rendered hereunder, and the validity, effect and interpretation of this arbitration provision, shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ECOADAPT WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Waiver and Severability
No waiver of any provision of these terms and conditions shall be valid unless in writing and signed by EcoAdapt. If any portion of these terms and conditions is determined to be unenforceable or invalid, such determination shall not be deemed to affect the enforceability or validity of the remainder of these terms and conditions.
EFFECTIVE AS OF: 27 January 2020
LAST UPDATED: 1 February 2024