Delegate Terms & Conditions

Whereas,  INDUSTRYNOW INC. (the “Organizer”)  provides services, including but not limited to the exchange of information resources;

Whereas, the Registrant of this Service (the “Delegate”) wishes to engage the services of INDUSTRYNOW INC.  through a list of services that were ordered (the “Order”) on the Web Site or submitted through hard copy to INDUSTRYNOW INC..;

Whereas, Delegate wishes to attend the Masterclass (the “Masterclass”) that is organized by INDUSTRYNOW INC. (the “Organizer”) specified in the Order on the date (the “Date”) specified in the Order to interact with certain other registrants at the Masterclass;

Now Therefore, in consideration of the promises and mutual covenants and agreements set forth herein, and in the Order, the parties agree as follows to comprise the following Agreement between You, the Delegate, and Us, the Organizer governing the rights and obligations of each party at the Event at the Venue on the Date:

  • Masterclass Fees
    1. Total Fees  
      1. Total fees specified on the Order are subject to an additional service charge of 10% (“Service Charge”) applied to cover administration costs, and are excluding any applicable sales tax which shall be in addition. All fees shall be payable to the Organizer in full without any deduction counterclaim or set-off by Client.
  • Payment
    1. Accepted Methods of Payment
      1. The Deposit is payable in U.S. Dollars, and shall be paid by way of cash, credit card, direct bank transfer, or certified cheque payable to INDUSTRYNOW INC. upon execution of this Agreement.
  • Right of Refusal  
    1. INDUSTRYNOW INC. reserves the right to withhold any information relating to the Masterclass and/or refuse the Delegate and/or Delegate representatives entry to the Masterclass unless and until all fees due have been paid in full (without any deduction, counterclaim or set-off).
  • Changes/Cancelling the Event 
    1. INDUSTRYNOW INC. reserves the exclusive right, in its sole and absolute discretion, to cancel or change the digital platform, location (for in person scheduled masterclass), venue (including changing the venue to hold the event virtually), dates and/or cancel the Event upon written notice to the Delegate.  If INDUSTRYNOW INC. cancels the Event other than by reason of events or circumstances beyond its reasonable control, INDUSTRYNOW INC. will reimburse Total Fee to Delegate less 10% of any fees paid or payable. If Event is cancelled by INDUSTRYNOW INC. by reason of events or circumstances beyond its reasonable control––including without limitation: Acts of God, flood, communicable disease, government restrictions, failure of any material supplier to the Event (in person masterclass), or a cancellation by the operators of the Venue(in person masterclass)–– INDUSTRYNOW INC. will reschedule Event to be held within a reasonable time (up to 12 months from original scheduled masterclass date) and any Event Fees paid by the Delegate shall be converted to a non-refundable credit (a “Non-Refundable Credit”) towards the rescheduled Event.
  • Exclusive Right to Cancel
    1. INDUSTRYNOW INC. reserves the right to cancel any booking made by the Delegate at its sole discretion and without giving any reason for such cancellation. In such an event, the Organizer shall promptly refund to the Delegate all fees paid in respect of such cancelled booking.
  • Cancellation by Delegate
    1. Delegate may not cancel this Agreement or their Order at any time.  A substitution or transfer is permitted as per above.
  • Delegate Rights and Obligations
    1. Attendance at Masterclass  
      1. The Delegate will attend the masterclass including seminars and conference sessions as pre-arranged by the Organizer and as determined by the Order.  
    2. Residing at Venue (Applicable for in person Masterclass)
      1. The Delegate will make arrangements with the Venue, independently of the Organizer, to reside at the Venue for the duration of the Event.  It is the Delegate’s responsibility to make such arrangements and Delegate acknowledges that they have already made arrangements with the Venue or an alternate hotel for accommodations.
    3. Right to Assign
      1. A Delegate may nominate a substitute to attend the Event who shall be of similar or greater standing in terms of business and financial responsibility.  A Substitute Delegate must be submitted in writing and approved of in writing by the Organizer.  Organizer retains absolute discretion to approve of any Substitute Delegate without having to provide reasons.  Any Substitute Delegate must agree to abide by the Terms and Conditions of this Agreement and the Delegate remains primarily responsible for their conduct and the discharge of any fees incurred by them.
    4. Right to Transfer
      1. Delegate may transfer an Order to another Masterclass.  Organizer must be notified as soon as the Delegate knows that they are unable to attend and in any event not less than thirty (30) days prior to the Date of the Event.  All Total Fees remain payable and Delegate may incur an extra fee for transferring at the sole discretion of the Organizer.
    5. Other Costs (Applicable for in person Masterclass)
      1. Delegate is responsible for the cost of any and all gratuities that might include: use of leisure facilities available at the Venue, parking, beverages with meals (where applicable) and other items not planned by the Organizer such as, but not limited to, non-Organizer arranged dining, mini-bar, other refreshments and telephone calls.  Total Fees do not include the cost of accommodation or travel which remain exclusively the responsibility of the Delegate.
    6. Conduct of Delegate
      1. Delegate warrants that Delegate shall be appropriately qualified for attendance at the masterclass and shall conduct themselves in a proper and professional manner at all times, and shall adhere to any health & safety, security or other requirement of Organizer (or of the Venue or other person approved by Organizer) in relation to the Masterclass.
    7. Violation by Representatives  
      1. Delegate warrants that Delegate understands and agrees that any violation of proper conduct, in the exclusive view of the Organizer, will result in that Delegate being removed from the masterclass at the expense of the Client.  In the event that this occurs, the Client will not be entitled to any recourse from the Organizer and agrees to indemnify and hold harmless the Organizer from any liabilities that may occur by said conduct or in the removal of the Delegate.
    8. Compliance by Delegate
      1. Delegate will be responsible for ensuring compliance with this Agreement and hereby indemnifies and holds harmless the Organizer in full on demand against any breach of this Agreement resulting from any act, omission, statement, third party claim, costs, legal costs, or other conduct of any Delegate. Delegate warrants that they have the authority to bind their corporation to all terms of this Agreement.
  • Organizer’s Rights and Obligations
    1. Notification of Available Attendees in Focus Groups  
      1. INDUSTRYNOW INC. may notify the Delegate of profiles of Attendees to assist in the selection of focus groups the Delegate would like to interact with during the focus group sessions or break out seminars.  
    2. Copyright of Materials  
      1. All content and other materials, provided by or on behalf of the Organizer at or in relation to the Masterclass, contain copyright, trade mark and other intellectual property rights which are those of the Organizer exclusively and nothing shall be construed to license or part with ownership over any of these materials.   All other third parties and Delegate and/or Delegate Representatives shall not and shall not allow any other person to copy, modify, adapt or otherwise use such content and materials for any purpose without Organizer’s express prior written consent.
    3. Program/Itinerary
      1. INDUSTRYNOW INC. shall provide Delegate, as soon as is reasonably possible, a program (the “Itinerary”) containing a list of all registrants expected at the Event, as well as speakers and planned sessions. While INDUSTRYNOW INC. shall strive in good faith to follow the Itinerary, INDUSTRYNOW INC. reserves the right, without notice to the Delegate and within its sole and absolute discretion, to cancel and or change the Itinerary, including any planned speakers and sessions. 
    4. Publicity of Masterclass & Marketing
      1. INDUSTRYNOW INC. shall originate any publicity, news releases, public statements or announcements, whether written or oral, relating to the Masterclass without the prior consent of the Delegate.  Organizer may originate any publicity, news releases, public statements or announcements or otherwise make any form of representation or statement relating to the Masterclass which could constitute an express or implied endorsement by the Delegate of any commercial product or service, without obtaining the prior consent of Delegate.
    5. Use of Delegate Name and Trademarks  
      1. INDUSTRYNOW INC. may use the Delegate’s name or trademark in any advertising or promotional material without the prior consent of the Delegate.
    6. Marketing Materials  
      1. INDUSTRYNOW INC. may use images, videos, graphics, trademarks and any other intellectual property of the Delegate in subsequent marketing materials of future masterclasses without the prior consent of the Delegate. Delegate agrees to release any rights of their image being used for advertising, promotional or marketing material as well as any intellectual property.
    7. Ownership of Intellectual Property
      1. INDUSTRYNOW INC. acknowledges that any rights of intellectual property are owned exclusively by the Delegate and that their use in any capacity by the Organizer does not relinquish any rights over them held by the Delegate, save and except, for the uses mentioned in clause 8.6.1.  The Organizer acknowledges and agrees that the Delegate is the owner of all trade-marks, trade-names, copyright, patents, registered or unregistered. No proprietary interests or title in or to the intellectual property is transferred to the Organizer Licensee by this Agreement.
  • Waiver and Indemnity
    1. Liability
      1. INDUSTRYNOW INC. will not be liable for any loss or damage suffered by the Delegate when providing its services hereunder except to the extent caused directly by the Organizer’s negligence.  The Delegate will be liable for, and will reimburse the Organizer for the costs of, any loss or damage suffered by the Organizer caused directly by the Delegate or Delegate Substitution’s negligence.  The Delegate agrees to exclude the Organizer from all liability for special, indirect or consequential loss or damage including, without limitation, loss of business, profits, anticipated savings, goodwill, data, damages, loss or costs associated with loss or damage.
    2. Indemnity for Third Party Claims
      1. Except as may be otherwise provided in this Agreement, the Delegate shall protect, indemnify and save harmless the Organizer, and its employees, agents, representatives, invitees and subcontractors, and, at the Organizer’s request, investigate and defend such entities from and against all claims, demands and causes of action, of every kind and character, without limitation, arising in favour of or made by third parties, on account of bodily injury, death or damage to or loss of their property resulting from any negligent act or willful misconduct of the Delegate.
    3. Limited Liability of Organizer
      1. The aggregate liability of Organizer in relation to this Agreement shall be limited to a total of the fees paid by Delegate to Organizer pursuant to this Agreement including for any claim of negligence.
    4. Survival of Indemnities
      1. The terms of Waiver and Indemnity above shall survive any termination or expiry of this Agreement.

 

  • Data Protection Act
    1. Confidentiality of Data
      1. INDUSTRYNOW INC. will keep personal data provided by Delegate confidential and used to support Delegate customer relationship with Organizer. Data is collected in accordance with the Personal Information Protection & Electronic Documents Act (PIPEDA) and the Privacy Policy of the Organizer.
    2. Use of Contact Information
      1. Delegate agrees that personal information and details provided by the Delegate may be shared and made available by INDUSTRYNOW INC. to other attendees for the purpose of Event planning, marketing and operations.  Delegate agrees that Organizer may use contact information of Delegate to solicit Delegate of upcoming Events. The information provided by Delegate or Delegate Representatives, will be held by Organizer. Delegate details may be made available to Organizer’s sponsors. If Delegate does not wish to have these details to be made available, Delegate must contact the Organizer.
  • General
    1. Consents 
      1. Any consent required under this Agreement will not be unreasonably withheld.
    2. Captions
      1. The Article and paragraph headings used herein are for convenience only and are not a part of this Agreement and will not be used in construing it.
  • Entire Agreement
    1. This Agreement constitutes the entire agreement of the Parties, supersedes all previous agreements, and no amendment to the terms of this Agreement will be effective unless made by the Organizer and Organizer providing written notice to the Delegate of that change.  Each party acknowledges that, in entering into this agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.
    2. Equitable Relief
      1. Delegate agrees that any breach of this Agreement by Delegate would cause irreparable damage, and that, in event of such breach, in addition to any and all remedies at law, Organizer will have the right to an injunction, specific performance or other equitable relief to prevent the continuous violations of the terms of this Agreement.
    3. Force Majeure
      1. Notwithstanding anything herein to the contrary, Organizer shall not be liable for any delay or failure in performance caused by circumstances beyond Organizer’s reasonable control.
    4. Relationship of the Parties
      1. This Agreement does not constitute a partnership or joint venture, and nothing herein contained is intended to constitute, nor will it be construed to constitute, such a partnership or joint venture. Except as expressly provided in this Agreement, neither Organizer or Delegate will have any power or authority to act in the name or on behalf of the other party, or to bind the other party to any legal agreement.
    5. Severability
      1. The provisions of this Agreement are to be considered separately, and if any provision herein should be found by any court or competent jurisdiction to be invalid or unenforceable, this Agreement will be deemed to have effect as if such provision were severed from this Agreement.
    6. Number and Gender
      1. Where the context permits, the singular includes the plural, and the masculine includes the feminine and vice versa.
    7. Notices
      1. All notices and communications required or permitted under this Agreement will be in writing and will be sent by registered or certified mail, postage prepaid, return receipt requested, facsimile transmission (the “Fax”), with confirmed answer back, or electronic mail, with confirmation of receipt, to Organizer or Delegate at the respective addresses provided to each other or to such other address as Organizer or Delegate may from time to time specify by notice to the other given as provided in this paragraph.
      2. A notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    8. Jurisdiction
      1. The parties hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario with respect to any dispute arising under this Agreement.
  • Governing Law
    1. This agreement and any sales thereunder shall be deemed to have been made in the Province of Ontario and shall be construed and interpreted according to the laws of the Province of Ontario and the applicable laws of Canada. Organizer and Delegate expressly exclude the United Nations Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act, as amended, replaced or re-enacted from time to time, and any statute of the United States of America and/or of any State.
  • Authority to Bind
    1. This Agreement is binding on the parties upon a booking submitted by Delegate, and Delegate represents to the Organizer that this Agreement has been submitted and authorized by an individual who is an authorized signatory of the Delegate and who has authority to bind Delegate to the terms of this Agreement.