CAREFULLY READ THIS ATTENDANCE AGREEMENT. BY EXECUTING AN ORDER FORM FOR THE SERVICES DESCRIBED HEREIN, BY CLICKING THE “I ACCEPT” OR “ACCEPT” BUTTON OR BY REGISTERING FOR AND/OR ATTENDING ANY PE PRIMER CONFERENCE (DEFINED BELOW), YOU HEREBY ACCEPT AND AGREE TO BE BOUND BY THIS ATTENDANCE AGREEMENT AND REPRESENT THAT YOU ARE DULY AUTHORIZED TO ACCEPT THIS ATTENDANCE AGREEMENT ON BEHALF OF YOURSELF OR YOUR ORGANIZATION. IF YOU DO NOT AGREE TO THIS ATTENDANCE AGREEMENT, DO NOT CLICK THE “I ACCEPT” BUTTON OR ATTEND ANY PE PRIMER CONFERENCE. THIS ATTENDANCE AGREEMENT GOVERNS YOUR AND YOUR ORGANIZATION’S ATTENDANCE OF ANY PE PRIMER CONFERENCE, HOWEVER SUCH REGISTRATION AND/OR ATTENDANCE IS COMPLETED, INCLUDING IF COMPLETED VIA A DISTRIBUTOR OR OTHER SUCH PARTY. THIS ATTENDANCE AGREEMENT SPECIFICALLY ALLOWS FOR PE PRIMER TO ENGAGE IN ARBITRATION TO SETTLE DISPUTES.

This Attendance Agreement (this “Agreement”) is between PE Primer, LLC, 1317 Edgewater Dr, #2407, Orlando, FL 32804 (“PE Primer”) and the individual or legal entity that registers and/or attends a PE Primer Conference (defined below) or otherwise accesses and uses the services and products described herein (“you”). For the purposes of this Agreement, each of PE Primer and you may be referred to, individually, as a “Party”, and, collectively, as the “Parties.”

NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Fitness to Participate. You desire to consent to and voluntarily participate in the public course, private course, conference, training event, workshop, or other event operated by PE Primer which will be held on the designated date(s) per your registration (the “Conference”) at a conference center, venue, or similar location that is owned or operated by a third party (the “Location Host”). You hereby warrant and represent that you are physically fit and do not have any medical condition or physical limitation that would put you at risk for injury, illness, or death as a result of your participation in the Conference.

2. Location Host Rules and Regulations; Code of Conduct. You agree to abide by all the rules and regulations of the Location Host in effect during your participation in the Conference. You understand that the Location Host is not affiliated with PE Primer and that the Location Host is not a sponsor or co-sponsor of the Conference, but is merely allowing PE Primer to use its facilities for the Conference. You agree to conduct yourself in a professional and respectful manner during the Conference. This includes, but is not limited to, treating all participants, speakers, and staff with respect, refraining from disruptive or inappropriate behavior, and complying with all applicable laws and regulations. You have read and understand the foregoing and affirm that you are participating in the Conference of your own free will. PE Primer reserves the right to remove any participant from the Conference who violates this the Location Host’s rules and regulations or the Code of Conduct or otherwise engages in behavior that is deemed harmful or disruptive to the Conference or its participants. Such removal may occur without refund or compensation.

3. Assumption of Risk. In consideration of your voluntary participation in the Conference and your use of the Location Host’s facilities, (i) you hereby assume all risks of injury, illness and death which may result from your participation in the Conference and your use of the Location Host’s facilities (including without limitation all risks of contracting or transmitting viruses, infections, diseases and other sicknesses (including without limitation COVID-19/Coronavirus Disease) and all risks of any pandemic or epidemic), and (ii) you agree, on behalf of yourself and your heirs, executors, administrators, and assigns, to waive, indemnify, hold harmless, release and discharge PE Primer and the Location Host and their respective affiliates, including their and their affiliates’ respective officers, trustees, directors, employees, agents, successors and assigns from any and all accounts, actions, agreements, causes of action, complaints, contracts, costs, covenants, damages, debts, defenses, demands, duties, executions, expenses, fees, injuries, interest, judgments, liabilities, losses, obligations, penalties, promises, reimbursements, remedies, suits, sums of money and torts of any kind and nature whatsoever, whether in law, equity or otherwise, direct or indirect, fixed or contingent, foreseeable or unforeseeable, liquidated or unliquidated, known or unknown, matured or unmatured, absolute or contingent, determined or determinable, in any case, resulting from, arising out of or otherwise relating to your participation in the Conference, and your use of the Location Host’s facilities.

4. Recordings. In consideration of your voluntary participation in the Conference, you hereby grant PE Primer and its affiliates, successors, and assigns the irrevocable right and permission to record, photograph, film, and otherwise capture your name, image, likeness, voice, and statements (collectively, “Recordings”) during the Conference. You further grant PE Primer the right to use, reproduce, distribute, broadcast, display, and create derivative works of the Recordings, in any media now known or hereafter developed, for any purpose, including but not limited to promotional, marketing, and educational purposes, without any further consent from or compensation to you. You acknowledge and agree that all Recordings are the sole property of PE Primer.

5. Monitoring. You acknowledge and agree that the Conference may be monitored and recorded by PE Primer and/or the Location Host for security, safety, and quality assurance purposes. By participating in the Conference, you consent to such monitoring and recording. You understand that these recordings may be used for internal purposes and, in some cases, may be shared with third parties as required by law or for the protection of PE Primer's and the Location Host's rights and property.

6.1. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “IP Rights”) in and to all documents, work product, information (whether written or oral) and other materials that are made available to you under this Agreement or prepared by or on behalf of PE Primer in the course of performing the Services (collectively, the “Materials”) will be owned by PE Primer.

6.2. All intellectual property rights in all pre-existing works and derivative works of such pre-existing works and other deliverables and developments made, conceived, created, discovered, invented or reduced to practice in the performance of the Services hereunder are and shall remain the sole and absolute property of PE Primer, provided that PE Primer hereby grants you a license to use all IP Rights in the written Materials made available to you in the course of PE Primer’s provision of the Conference free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicenseable, fully paid-up, royalty-free and perpetual basis to the extent necessary to enable you to make reasonable use as educational and training materials for its participants of such Materials.

6.3. Without limiting the generality of the foregoing, you will not (i) record, or cause or permit any recording, any of the Conference (whether provided via audio, video or otherwise), without PE Primer’s prior written consent or (ii) reproduce, copy, distribute, create derivative works, or otherwise use any written Materials made available to you in the course of the Conference, in any case, outside of their intended use as educational and training materials for you.

7. Severability. If any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected, and each of those provisions will be valid and enforceable to the full extent permitted by law.

8. Entire Agreement. This Agreement, together and any documents incorporated herein by reference, contains the entire agreement of the Parties with respect to the subject matter hereof and supersedes all previous oral and written communications, representation, understandings, and agreements by the Parties concerning the subject matter of this Agreement. No terms, provisions or conditions contained in any purchase order, sales confirmation, or other business form that you may use in connection with the transactions contemplated by this Agreement will have any effect on the rights or obligations of the Parties or will otherwise modify this Agreement.

9. No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and legal benefit of the Parties, and their permitted successors and assigns, and no other person shall be a direct or indirect legal beneficiary of, or have any direct or indirect cause of action or claim in connection with, this Agreement.

10. Waivers. The failure of either Party to enforce strict performance by the other Party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver to any extent of that Party’s right to assert or rely upon any provision of this Agreement or right in that or any other instance. A delay or omission by either Party to exercise any right or power under this Agreement will not be construed to be a waiver of that right or power. All waivers must be in writing and signed (not in electronic form) by the Party waiving rights.

11. Governing Law; Jurisdiction; JURY TRIAL WAIVER. This Agreement and any claim, controversy or dispute arising under or related to this Agreement, whether arising in contract, tort or otherwise, shall be governed by the laws of the State of Ohio, without giving effect to the principles of comity or conflicts of laws thereof. Each Party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in, and will be subject to the laws of in the State of Ohio, and each Party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in the State of Ohio. Notwithstanding the foregoing, claims for equitable relief may be brought in any court with proper jurisdiction within the United States, but such claims will be subject to the laws of the State of Ohio. THE PARTIES AGREE TO WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN THE RESOLUTION OF THE DISPUTE OR CLAIM, BETWEEN THE PARTIES OR ANY OF THEIR RESPECTIVE AFFILIATES RELATED IN ANY WAY TO THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Attorneys’ Fees. If either Party incurs any legal fees associated with the enforcement of this Agreement or any rights hereunder, the prevailing Party will be entitled to recover its reasonable attorney’s fees and any court, arbitration, mediation, or other litigation expenses from the other Party.

13. Force Majeure. PE Primer will not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, pandemics, epidemics, or any other event that constitutes a force majeure. In the event of a force majeure, PE Primer reserves the right to cancel, reschedule, or modify the Conference as necessary. PE Primer will make reasonable efforts to notify participants of any such changes as soon as practicable. Participants shall not be entitled to any refunds or compensation in the event of a force majeure.

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