HomeMy WebLinkAboutItem S7 S7
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
July 16, 2025
Agenda Item Number: S7
2023-4227
BULK ITEM: No DEPARTMENT: Waste Water
TIME APPROXIMATE: STAFF CONTACT: Tina LoSacco
TBD
AGENDA ITEM WORDING: A Public Hearing to consider approval of a Resolution relating to the
continuation of annual wastewater assessments based on previously established studies and phased
inclusion of benefitted properties within the following wastewater service areas: South Stock Island
Phase 2, Big Coppitt and Duck Key, Cudjoe Regional Centralized, East/West Long Key,No Name Key,
and Middle and Big Torch Key for the 2025 Tax Year. The administrative costs associated with the
imposition of wastewater assessments is paid from the collection of the annual assessments.
ITEM BACKGROUND:
The following annual rates for wastewater assessments are as described below:
South Stock Island Phase 2 Service Area: For the service area as established by Resolution No. 116-
2017, on the tax roll that started in 2017, to be levied at a rate of$211.37 per EDU.
Big Coppitt and Duck Key Service Area: For the Big Coppitt and Duck Key Service Area as established
by Resolution No. 264-2007, on the tax roll that started in 2007,properties are hereby levied at the rate
of$271.88 per EDU; For the Big Coppitt and Duck Key Service Area Supplemental Parcels as
established by Resolution No. 157-2013, on the tax roll that started in 2013,properties are hereby levied
at a rate of$329.24 per EDU.
Cud joe Regional Centralized Service Area: For the Inner Islands as established by Resolution No. 173-
2012, on the tax roll that started in 2012,properties are hereby levied at a rate of$302.53 per EDU; For
the Outer Islands as established by Resolution No. 174-2012, on the tax roll that started in 2013,
properties are hereby levied at a rate of$310.29 per EDU; For the Inner Islands Supplemental Parcels
as established by Resolution No. 154-2013, and the Outer Islands Supplemental Parcels as established
by Resolution No. 155-2013, both on the tax roll that started in 2013,properties are hereby levied at a
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rate of$308.93 per EDU; For the Inner Islands - Venture Out - Supplemental Parcels as established by
Resolution No. 156-2013, with certain parcel owners that opted to be on the tax roll that started in 2012
and the others in 2013,properties are hereby levied at a rate of$302.53 per EDU; and For the 35
Additional Parcels - Supplemental Parcels as established by Resolution No. 157-2015, on the tax roll
that started in 2015,properties are hereby levied at a rate of$337.10 per EDU.
East/West Long Key Service Area: For the service area established by Resolution No. 157-2015, on the
tax roll that started in 2015, to be levied at a rate of$337.10 per EDU.
No Name Key Service Area: For the service area established by Resolution No. 157-2015, on the tax
roll that started in 2015, to be levied at a rate of$337.10 per EDU.
Big and Middle Torch Key Service Area: For the service area established by Resolution No. 157-2015,
on the tax roll that started in 2015, to be levied at a rate of$337.10 per EDU.
PREVIOUS RELEVANT BOCC ACTION:
Section 20-164, "Adoption of annual rate resolution," of the Monroe County Code of Ordinances,
requires that the BOCC adopt an annual rate resolution for each fiscal year following the initial fiscal
year of a wastewater assessment term. These assessments are imposed for a term of years, not to exceed
20 years, in equal annual amounts sufficient to pay the assessable costs and the assessment interest
amount for loans and other debt that the County incurred while constructing the essential infrastructure
to support wastewater services.
Through this Resolution, the County Administrator, or designee, is hereby authorized and directed to
submit to the Monroe County Tax Collector,pursuant to the Uniform Assessment Collection Act
(Sections 197.3632 and 197.3635, Fla. Stat.), the assessment rolls for the above-referenced Service
Areas for the upcoming fiscal year, and as previously authorized by the Board of County
Commissioners in connection with the above-referenced ordinances and resolutions.
All public notice requirements for this Public Hearing have been met.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
BOCC Reso Establishing WW Assessment for FY25-26(FINAL 7.1.25)Lgl Appd.pdf
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FINANCIAL IMPACT:
Effective Date 07-16-2025 Total Cost of Collecting Assessments: $47,000.00 Total Cost to the
County: $47,000.00 Current Year Cost: $47,000.00
Budgeted: Yes
Source of funds: Special Assessments Revenue Producing - The amount varies depending on the
Special Assessments.
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RESOLUTION NO. -2025
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RELATING TO THE CONTINUATION OF ANNUAL
WASTEWATER ASSESSMENTS BASED ON
PREVIOUSLY ESTABLISHED STUDIES AND PHASED
INCLUSION OF BENEFITTED PROPERTIES WITHIN
THE FOLLOWING WASTEWATER SERVICE AREAS:
SOUTH STOCK ISLAND PHASE 2, BIG COPPITT AND
DUCK KEY, CUDJOE REGIONAL CENTRALIZED,
EAST/WEST LONG KEY, NO NAME KEY, AND MIDDLE
AND BIG TORCH KEY FOR THE 2025 TAX YEAR;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, over the course of several decades, Monroe County has adopted ordinances
that are codified within Chapter 20, "Sewage and Sewage Disposal," of the Monroe County Code
of Ordinances, and specifically within Article HI, "Connections of On-Site Sewage Disposal
Systems to Central Sewerage System," Article IV, "Connection of Sewage Disposal Systems to
Facilities of Florida Keys Aqueduct Authority," Article V, "Wastewater Connection Standards,"
and Article VI, "Wastewater Assessments,"that relate to the provision of wastewater service and
facilities, as well as authorize the imposition and collection of wastewater assessments against
benefitted properties within the County; and
WHEREAS, Section 20-164, "Adoption of annual rate resolution," of the Monroe County
Code of Ordinances (MCCO) provides that the Board of County Commissioners will adopt an
annual rate resolution during its budget adoption process for each fiscal year following the initial
fiscal year of a wastewater assessment term; and
WHEREAS, MCCO Section 20-157(b) states that, "Annual wastewater assessments shall
be imposed for a term of years, not to exceed 20 years, in equal annual amounts sufficient to pay
the assessable costs and the assessment interest amount;" and
WHEREAS,over time,the County has created six(6)wastewater service areas to include:
South Stock Island Service Area Phase 2 via Resolution Nos. 261-2004 and 116-2017;Big Coppitt
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and Duck Key Service Area, as supplemented, via Resolution Nos. 264-2007 and 157-2013;
Cudjoe Regional Centralized(Inner Islands, as supplemented,and Outer Islands, as supplemented)
Service Area via Resolution Nos. 173-2012, 174-2012, 156-2013, 155-2013, 154-2013, and 157-
2015; East/West Long Key Service Area via Resolution No. 157-2015; No Name Key Service
Area via Resolution No. 157-2015; and Middle and Big Torch Key Service Area via Resolution
No. 157-2015; and
WHEREAS, the resolutions that created the service areas, as subsequently modified, set
forth terms and conditions for the provision of wastewater services to parcels defined therein, and
described the systems to be developed, fees, collection costs, and other aspects associated with the
collection of non-ad valorem annual wastewater assessments; and
WHEREAS, for example, the non-ad valorem annual assessment levied upon property
owners in the South Stock Island Service Area Phase 1 who elected to pay the assessment over 20
years had their final non-ad valorem annual assessment placed on the November 2023 tax roll and
no longer carry an obligation pay such assessment; and
WHEREAS, the remaining service areas must collect the annual assessment revenue in
order to repay the outstanding debt obligations and capital construction costs for said infrastructure
benefiting those areas; and
WHEREAS,pursuant to the final assessment resolutions, as supplemented, modified, and
approved via Resolution Nos. 187-2017, 302-2007, 212-2013, 197-2012, 331-2012, 198-2012,
186-2013, 185-2013, 184-2013, and 185-2015, each property within its corresponding service area
has a specific rate per equivalent dwelling unit (EDU) that represents the non-ad valorem
wastewater assessment; and
WHEREAS, such assessments as applied to the annual tax roll have been approved by the
Board of County Commissioners according to each of the herein-referenced resolutions; and
WHEREAS, Section 2.02 of Resolution No. 261-2004 established the assessment term for
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5547
South Stock Island Phase 1 to be 5, 10, or 20 years, and the 10-year payment option matured in
2013, and the 20-year payment option matured in 2023, therefore, no wastewater assessment is
currently applied to those properties; and
WHEREAS, Section 2.02 of Resolution No. 116-2017 established the assessment term for
South Stock Island Phase 2 to be 20 years starting on the November 2017 tax roll; and
WHEREAS, Section 2.02 of Resolution No. 264-2007 established the assessment term for
Big Coppitt and Duck Key to be 20 years starting on the November 2007 tax roll; and
WHEREAS, Section 2.02 of Resolution No. 157-2013 established the assessment term for
the Big Coppitt and Duck Key Service Area(Supplemental Parcels)to be 20 years starting on the
November 2013 tax roll; and
WHEREAS, Section 2.02 of Resolution No. 173-2012 established the assessment term for
Cudjoe Regional Centralized Service Area(Inner Islands)to be 20 years starting on the November
2012 tax roll; and
WHEREAS, Section 2.02 of Resolution No. 174-2012 established the assessment term for
Cudjoe Regional Centralized Service Area(Outer Islands)to be 20 years starting on the November
2013 tax roll; and
WHEREAS, Section 2.02 of Resolution No. 154-2013 established the assessment term for
the Cudjoe Regional Centralized Service Area(Inner Islands) Supplemental Parcels to be 20 years
starting on the November 2013 tax roll; and
WHEREAS, Section 2.02 of Resolution No. 155-2013 established the assessment term for
the Cudjoe Regional Centralized Service Area(Outer Islands) Supplemental Parcels to be 20 years
starting on the November 2013 tax roll; and
WHEREAS, Section 2.02 of Resolution No. 156-2013 established the assessment term for
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5548
the Cudjoe Regional Centralized Service Area(Inner Islands -Venture Out) Supplemental Parcels
to be 20 years starting with certain parcels opting in for a first annual bill dated November 1, 2012,
and other parcels on November 1, 2013, as more specifically described therein; and
WHEREAS, Section 2.02 of Resolution No. 157-2015 established the assessment term for
East/West Long Key Service Area, No Name Key Service Area, Middle/Big Torch Key Service
Area, and Cudjoe Regional Centralized Service Area(35 Additional Parcels)Supplemental Parcels
to be 20 years starting on the November 2015 tax roll; and
WHEREAS,pursuant to the County's Code of Ordinances and State law, the County has
provided the duly required public notice of this annual rate resolution, obtained the required
County staff certification, and met all other conditions precedent to the adoption of this resolution;
and
WHEREAS,pursuant to Article VIII, Section 1, of the Florida Constitution, and Sections
125.01, Fla. Stat.,the Board of County Commissioners for Monroe County has all powers of local
self-government to perform county functions and to render county services in a manner not
inconsistent with law, and the Board hereby determines that this resolution establishing the annual
rate for wastewater assessments for fiscal year 2025-2026 complies with law and is in the best
interest of the County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: That the foregoing "WHEREAS"clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this resolution.
Section 2: South Stock Island Phase 2 Service Area. That the County Commission
hereby imposes a non-ad valorem annual assessment for parcels in said service area as established
by Resolution No. 116-2017, on the tax roll that started in 2017, to be levied at a rate of $211.37
per EDU.
Section 3: Big Coppitt and Duck Key Service Area. That the County Commission
hereby imposes a non-ad valorem annual assessment for parcels within the Big Coppitt and Duck
Key Service Area in the following manner:
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5549
a) For the Big Coppitt and Duck Key Service Area as established by Resolution No. 264-
2007, on the tax roll that started in 2007, properties are hereby levied at the rate of
$271.88 per EDU.
b) For the Big Coppitt and Duck Key Service Area Supplemental Parcels as established
by Resolution No. 157-2013, on the tax roll that started in 2013, properties are hereby
levied at a rate of$329.24 per EDU.
Section 4: Cudjoe Regional Centralized Service Area. That the County Commission
hereby imposes a non-ad valorem annual assessment for parcels within the Cudjoe Regional
Centralized Service Area in the following manner:
a) For the Inner Islands as established by Resolution No. 173-2012, on the tax roll that
started in 2012,properties are hereby levied at a rate of $302.53 per EDU.
b) For the Outer Islands as established by Resolution No. 174-2012, on the tax roll that
started in 2013,properties are hereby levied at a rate of $310.29 per EDU.
c) For the Inner Islands Supplemental Parcels as established by Resolution No. 154-2013,
and the Outer Islands Supplemental Parcels as established by Resolution No. 155-2013,
both on the tax roll that started in 2013,properties are hereby levied at a rate of$308.93
per EDU.
d) For the Inner Islands-Venture Out- Supplemental Parcels as established by Resolution
No. 156-2013, with certain parcel owners that opted to be on the tax roll that started in
2012 and the others in 2013,properties are hereby levied at a rate of$302.53 per EDU.
e) For the 35 Additional Parcels - Supplemental Parcels as established by Resolution No.
157-2015, on the tax roll that started in 2015, properties are hereby levied at a rate of
$337.10 per EDU.
Section 5: East/West Long Key Service Area. That the County Commission hereby
imposes a non-ad valorem annual assessment for parcels in said service area established by
Resolution No. 157-2015, on the tax roll that started in 2015, to be levied at a rate of $337.10 per
EDU.
Section 6: No Name Key Service Area. That the County Commission hereby imposes
a non-ad valorem annual assessment for parcels in said service area established by Resolution No.
157-2015, on the tax roll that started in 2015, to be levied at a rate of $337.10 per EDU.
Section 7: Big and Middle Torch Key Service Area. That the County Commission
hereby imposes a non-ad valorem annual assessment for parcels in said service area established by
Resolution No. 157-2015, on the tax roll that started in 2015, to be levied at a rate of $337.10 per
EDU.
Section 8: That the County Administrator, or designee, is hereby authorized and
directed to submit to the Monroe County Tax Collector, pursuant to the Uniform Assessment
Collection Act (Sections 197.3632 and 197.3635, Fla. Stat.), the assessment rolls for the above-
referenced Service Areas for the upcoming fiscal year, and as previously authorized by the Board
of County Commissioners in connection with the above-referenced ordinances and resolutions.
Section 9: That if any clause, section, other part or application of this resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it
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5550
shall not affect the validity of the remaining portion or applications of this resolution.
Section 10: That this resolution shall be in full force and effect immediately upon its
adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of said Board held on the this day of , 2025.
Mayor James K. Scholl
Mayor pro tem Michelle Lincoln
Commissioner Craig Cates
Commissioner David Rice
Commissioner Holly Merrill Raschein
(Seal)
Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk James K. Scholl, Mayor
Approved as to legal form and sufficiency:
By:
Eve M. Lewis, Asst. County Attorney
6
5551
Docusign Envelope ID: 1612AAD4-2A89-486A-9AA7-78FBF2905B9D
Agreement No.: E2012
EXTENSION TO THE AGREEMENT
BETWEEN
MONROE COUNTY,FLORIDA
AND THE
DEPARTMENT OF COMMERCE
On July 3, 2024,the State of Florida,Department of Commerce("Commerce' ,formerly known as the Florida
Department of Economic Opportunity, and Monroe County, Florida ("Subrecipient"), entered into this
Agreement.
WHEREAS,Section 1,PERIOD OF AGREEMENT,of the Agreement provides that the Agreement may be
renewed or extended for a period of time to be determined by Commerce in its sole discretion; and
WHEREAS, the current Expiration Date of the Agreement is June 30,2025; and
WHEREAS,Commerce wishes to exercise its unilateral right to extend the Expiration Date of the Agreement;
and
NOW THEREFORE, in accordance with Section 1 of the Agreement, Commerce hereby extends the
Expiration Date of the Agreement to September 30, 2025. All other terms and conditions of the Agreement
remain in full force and effect. This extension shall be effective on July 1,2025.
DEPARTMENT OF COMMERCE
By:
Signature
Printed Name: J.Alex Kelly
Title: Secretary
Date: 6/14/202 5
5552
Docusign Envelope ID: 1612AAD4-2A89-486A-9AA7-78FBF2905B9D
Agreement No.: E2012
EXTENSION TO THE AGREEMENT
BETWEEN
MONROE COUNTY,FLORIDA
AND THE
DEPARTMENT OF COMMERCE
On July 3, 2024,the State of Florida,Department of Commerce("Commerce' ,formerly known as the Florida
Department of Economic Opportunity, and Monroe County, Florida ("Subrecipient"), entered into this
Agreement.
WHEREAS,Section 1,PERIOD OF AGREEMENT,of the Agreement provides that the Agreement may be
renewed or extended for a period of time to be determined by Commerce in its sole discretion; and
WHEREAS, the current Expiration Date of the Agreement is June 30,2025; and
WHEREAS,Commerce wishes to exercise its unilateral right to extend the Expiration Date of the Agreement;
and
NOW THEREFORE, in accordance with Section 1 of the Agreement, Commerce hereby extends the
Expiration Date of the Agreement to September 30, 2025. All other terms and conditions of the Agreement
remain in full force and effect. This extension shall be effective on July 1,2025.
DEPARTMENT OF COMMERCE
By:
Signature
Printed Name: J.Alex Kelly
Title: Secretary
Date: 6/14/202 5
5553
Docusign Envelope ID:2CEOA85F-D1 C9-4B27-BBA3-OOF72D48E43C
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Quote Number 00035433
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Bill To 3406 North Roosevelt Blvd Corp DBA Visit
Account Name 3406 North Roosevelt Blvd Corp DBA Visit Florida Keys
Florida Keys Bill To Address 3406 North Roosevelt Blvd Corporation, Key
Account Number 1010627 West, FL,33040-3238
Contact Information
Contact Name Diane Schmidt Sales Person Jessica Castilla
Phone 305-296-1552 Email jessica.castillop_infor a.co
Fax 305...296.0788 Fax (770)582...9898
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PAY NOW WITH CREDIT CARD
Terms&Conditions
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5554
Addendum
VFK Contract
Terms and Conditions
3406 North Roosevelt Blvd. Corporation d/b/a Visit Florida Keys (herein after "VFK" or "Customer" and
Tarsus Connect LLC (herein after Connect or"Company") agree as set forth below.
VFK and Connect hereby enter into this addendum with Connect Marketplace CORP Agreement
("Agreement") and agrees to the following:
This Agreement includes and incorporates the Connect Marketplace CORP agreement, delegate terms
and conditions and this Addendum. To the extent that any terms conflict, the language as set forth in this
Addendum shall supersede any other terms and shall be binding.
VFK is a not-for-profit corporation that supports the Monroe County Tourist Development Council and is
funded by tourist development taxes which are administered by the Monroe County Board of County
Commissioners (County).
The following provisions are required by law and policy.
This Agreement is subject to the approval of the payment of the expenditure under this Agreement by the
County. No valid contract exists, and no payment shall be made until approval bythe Monroe County Board
of County Commissioners.
This Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to comply with
Chapter 119, Florida Statutes.
Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70, Florida
Statutes. Payments due and unpaid under the Agreement shall bear interest pursuant to the Local
Government Prompt Payment Act. Company shall submit to VFK invoices with supporting documentation
that are acceptable to the Monroe County Clerk and Comptroller (Clerk). Acceptability to the Clerk is
based on generally accepted accounting principles and such laws, rules and regulations as may govern
the Clerk's disbursal of funds.
Travel, as approved by VFK, shall be reimbursed to the Company, but only to the extent and in the amounts
authorized by Section 112.061, Florida Statutes and in accordance with Monroe County Code Chapter 2,
Art. III, Div 3 and Monroe County Travel Policies.
The County's indemnification is limited and subject to the sovereign immunity provisions of Sec. 768.28,
Florida Statutes.
This Agreement shall not exceed $150,000.00. Any automatic renewal is subject to this not to exceed
amount of$150,000.00
Maintenance of Records: Company shall maintain all books, records, and documents directly pertaining
to performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives, shall have
reasonable and timely access to such records of each other party to this Agreement for public records
5555
purposes during the term of this Agreement and for five years following the termination of this Agreement.
If an auditor employed by VFK, the County or the Clerk determines that monies paid to Company pursuant
to this Agreement were spent for purposes not authorized by this Agreement, Company shall repay the
monies together with interest calculated pursuant to Sec.55.03; FS, runningfrom the date the monies were
paid to Company.
Governing Law, Venue, Interpretation, Cost and Fees: This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, the Customer and Company agree that
venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida. This Agreement shall not be subject to arbitration.
Attorney's Fees and Costs: The Parties agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of this
Agreement,the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award
against the non-prevailing party, and shall include attorney's fees and court costs in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
Nondiscriminiation: Event Coordinator and County agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on the
part of any party, effective the date of the court order. Event Coordinator and County agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination in employment on the basis of race, color, religion, sex, and national origin; 2)Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC
s. 794), which prohibits discrimination on the basis of disabilities; 4) The Age Discrimination Act of 1975,
as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse
Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of
the Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as
may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe
County Code, Chapter 14,Article II,which prohibits discrimination on the basis of race, color, sex, religion,
disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age;
11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
hereto, or the subject matter of, this Agreement.
Public Records Compliance: Company must comply with Florida public records laws, including but not
limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. VFK and
Company shall allow and permit reasonable access to, and inspection of, all documents, records, papers,
letters or other"public record" materials in its possession or under its control subject to the provisions of
5556
Chapter 119, Florida Statutes, and made or received by the Customer and Company in conjunction with
this contract and related to contract performance. The Customer shall have the right to unilaterally cancel
this contract upon violation of this provision by Company. Failure of Company to abide by the terms of this
provision shall be deemed a material breach of this contract and the Customer may enforce the terms of
this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall
survive any termination or expiration of the contract. Company is encouraged to consult with its advisors
about Florida Public Records Law in order to comply with this provision.
Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of Customer and Company in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage or local government liability insurance pool coverage shall
not be deemed a wavier of immunity to the extent of liability coverage.
Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them,
of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any
service or program contemplated hereunder, and VFK and the Company agree that neither the Customer
nor the Company or any agent, officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual orgroup of individuals, entity or entities, have entitlements
or benefits under this Agreement separate and apart, inferior to, or superiorto the community in general or
for the purposes contemplated in this Agreement.
No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of VFK in his or her individual capacity, and no
member, officer, agent or employee of VFK shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
E-Verify System: In accordance with F.S. 488.095,Any Contractor or subcontractor shall register with and
shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization
status of all new employees hired by Company during the term of the Contract and shall expressly require
any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the
U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new
employees hired by the subcontractor during the Agreement term. Any Subcontractor shall provide an
affidavit stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. Company shall comply with and be subject to the provisions of F.S. 448.095.
Non-Collusion Affidavit- Company by signing this Agreement, according to law on my oath, and under
penalty of perjury, depose and say that the person signing on behalf of the firm of Company, the bidder
making the Proposal for the project described in the Scope of Work and that I executed the said proposal
with full authority to do so; the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor; unless otherwise required by law, the
prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not
knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to
any competitor; and no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the
statements contained in this affidavit are true and correct, and made with full knowledge that VFK and
Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for
said project.
5557
Indemnification and Hold Harmless- The Company covenants and agrees to indemnify and hold
harmless VFK, the Monroe County Tourist Development Council, Monroe County and Monroe County
Board of County Commissioners, its officers and employees from third party liabilities, damages, losses
and reasonable costs, including but not limited to, reasonable attorneys'fees, to the extent caused bythe
negligence, recklessness, or intentional wrongful conduct of the Company, subcontractor(s) and other
persons employed or utilized by the Company in the performance of the contract. The extent of liability is
in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this
agreement. This indemnification shall survive the expiration or early termination of the Agreement.
Insurance—VFK has the following insurance policies:
General Liability$1,000,000
Workers' Comp $100,000 as per Florida Statutes
VFK will not obtain or be required to obtain any other policies imposed by Company
Tarsus Connect LLC
Organization Name
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...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Delegate Terms and Conditions
These terms and conditions apply between the person, firm, company or other
entity specified on your booking form ("you" or "your") and the Informa Group
company that is the owner, organizer, operator and/or manager of the
event/conference ("Informa"), for attendee / delegate registrations for the event
specified on your booking form ("Event"). Please read them carefully as they
contain important information. By submitting your registration to attend the
Event ("your registration") you agree to be bound by these terms to the exclusion
of all other terms. If you do not agree to be bound by these terms Informa will be
unable to accept your registration.
1. Registration Confirmation
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
Your registration (whether submitted directly by you or on your behalf) is an
offer to Informa to attend an Event which is subject to Informa's acceptance in
writing (which may include (without limitation) email). A binding contract
between Informa and you will only be formed when written confirmation of
acceptance ("Confirmation" or "Confirmed") is sent by Informa to you (whether or
not it is received) using the contact details you provided at the time of
registration. You should contact Informa if you have not received Confirmation
within 5 days of your registration, but in any event if Confirmation is not sent
within 14 days of Informa receiving your registration, your registration will be
deemed to be accepted unless Informa notifies you otherwise. Informa reserves
the right in its sole discretion to refuse to accept your registration.
2. Fees and Payment Terms
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
2.1 You will pay Informa the fees specified in your booking form for the Event
("your fees"). Payment of your fees must be received in full and in cleared funds
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by Informa from you in accordance with Informa's payment terms from time to
time in force but in any event not later than 48 hours before the Event. If
payment of your fees in full is not received before the Event, Informa may (at its
sole discretion) either require such payment as a condition of your access to the
Event or refuse or block your access to the Event (whether physical or virtual). No
refunds of any proportion of your fees already paid (if any) will be made and any
balance of your fees will remain due and payable where access to an Event is
refused under this Condition 2.1 .
2.2 All discounts can only be applied at the time of registration and discounts
cannot be combined. All discounts are subject to Informa's approval. Discounts
for group registrations are only valid for the number of delegates specified on
your booking form. If the number of delegates that actually attends the Event is
(for any reason) less than the number specified in your booking form, then
Informa may (at its sole discretion) change your fees to reflect the number of
delegates that actually attend the Event in line with Informa's published prices
then in force. Any additional sums payable to us as a result shall be paid in line
with this Condition 2.
2.3 Prices for each Event are correct at the time of publication. Informa reserves
the right to change the prices at any time but changes will not affect registrations
which have already been confirmed by Informa.
2.4 It is the intent of the parties that Informa will receive payment of your fees
net of all applicable taxes, including without limitation, sales, VAT, service or
withholding taxes ("Taxes"), all of which shall be paid solely by you. If and to the
extent that any Taxes are levied upon, or found to be applicable to, the whole or
any portion of the payment of your fees, the amount of such payment shall be
increased by an amount necessary to compensate for the Taxes (including any
amount necessary to "gross up" for Taxes levied on the increase itself).
3. Cancellation by You
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
3.1 Except as may be otherwise expressly advised as part of the particular Event's
registration process, you may cancel your registration in accordance with, and
subject to the terms and conditions of, this Condition 3:
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...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
If you cancel your registration... Then...
...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
100% of your fees can be applied to
91 days before the Event the purchase of another Informa
product within 1 year of such
cancellation
...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
75% of your fees can be applied to
the purchase of another Informa
61 -90 days before the Event product within 1 year of such
cancellation (it being understood that
the remaining 25% will be forfeited
and retained by Informa)
...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
50% of your fees can be applied to
the purchase of another Informa
31 -60 days before the Event product within 1 year of such
cancellation (it being understood that
the remaining 50% will be forfeited
and retained by Informa)
...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
0-30 days before the Event 100% of your fees will be forfeited
and retained by Informa
Please note that any cancellation will result in the forfeiture of any multi-
registration discount. No cancellations are accepted once any part of a single or
multi registration party has accessed the pre-Event networking or partnering
facilities, applications or platforms. All cancellations must be sent by email to
connect.cancellations@informa.com marked for the attention of Customer
Services and must be received by Informa. You acknowledge that the crediting of
your fees to the purchase of another Informa product in accordance with
Condition 3 is your sole remedy in respect of any cancellation of your registration
by you and all other liability is expressly excluded.
3.2 Substitutions with employees from your organisation are welcome at any
time but in all other respects delegate registrations are issued for your personal
use only and cannot be shared with any person during the Event. You may not
purchase registrations as agent for any third party, sell or otherwise transfer
your registration to others, or exploit the registration commercially or non-
commercially in any way.
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4. Change to or Cancellation of the Event by Informa
4.1 Informa may (at its sole discretion) change the format (including, without
limitation, from a physical in-person Event to a virtual Event and vice versa),
speakers, participants, content, venue location and programme or any other
aspect of the Event at any time and for any reason, whether or not due to a Force
Majeure Event, in each case without liability.
4.2 Informa may (at its sole discretion) change the date or cancel an Event at any
time for any reason. Where Informa changes the date or cancels the Event for
any reason except due to a Force Majeure Event (in which case the terms of
Condition 4.3 shall apply) Informa shall automatically transfer your registration
to any rearranged Event that Informa chooses to organise (acting in its sole
discretion). If you promptly, and not more than 21 days after being notified by
Informa of the new date(s) of the Event, notify Informa in writing that you do not
wish to attend the rearranged Event or if Informa elects not to rearrange the
Event then you will (as your sole remedy) be entitled, at your discretion, to
receive either a credit note or a refund in respect of your fees received by
Informa. After expiry of the 21 day notification period set out above you may still
cancel your registration for the rearranged Event. Condition 3 above shall apply
with reference to the new dates and an administrative charge may be payable.
4.3 Where a Force Majeure Event has or may have (in Informa's sole discretion)
an adverse impact on: (i) the ability of Informa to hold the Event at the planned
venue or on the planned date; or (ii) the Event generally, then Informa shall be
entitled but not obliged (in its sole discretion) to either: (i) provide an alternative
format, facility or venue for the Event; and/or (ii) reschedule the Event. Any of
your fees received by Informa shall be applied to any rearranged or rescheduled
Event held pursuant to this Condition 4.3 and you shall not be entitled to object
to such rearranged or rescheduled Event or have any right to claim any
compensation in respect thereof. If Informa is unable or elects not to rearrange
or reschedule the Event pursuant to this Condition 4.3, then you will (as your sole
remedy) be entitled, in your sole discretion, to receive either a refund or credit
note in respect of your fees received by Informa.
4.4 These terms and conditions shall equally apply in respect of any rearranged
or rescheduled Event organised by Informa pursuant to Conditions 4.2 and 4.3.
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4.5 For the purpose of these terms and conditions "Force Majeure Event" means
any event or circumstance arising that is beyond the reasonable control of
Informa (including but not limited to governmental laws, ordinances, regulations,
requisitions, restrictions, guidelines, recommendations or action, imposition of
sanctions, embargo, military action, acts or threats of terrorism or war, mob, civil
commotion or riot, health scares (including without limitation, epidemic and
pandemic (e.g., COVID-19), whether or not new, ongoing or recurring), fire, acts
of God, flood, drought, earthquake, severe weather, disaster, disruption to
transportation, third party contractor/supplier failure, venue damage or
cancellation, industrial dispute, strikes, labour disputes, interruption/failure of
utility service, lack of commodities or supplies, accidents, nuclear, chemical or
biological contamination, speaker or participant cancellation or withdrawal, or
any other comparable calamity or casualty).
4.6 To the fullest extent permitted by the applicable law, Informa shall not be
liable to you for any loss, delay, damage or other liability incurred resulting from
or arising in connection with the cancellation or date change of the Event
howsoever arising or any venue change. You acknowledge and agree that the
provisions of Conditions 4.1 , 4.2 and 4.3 set out your sole remedy should the
Event be changed, postponed or cancelled and all other liability of Informa is
expressly excluded.
5. Access to and Use of an online Event Platform
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
lfyou have access to Streamly(as defined below)included in your booking form,
then the terms of this Condition 5 apply to your use of Streamly.
5.1 You undertake to be responsible for any technical requirements needed to
enable you to access the Event website, app or other platform provided to you in
relation to an Informa product or service, which may include Informa's Streamly
video streaming service platform available at https://streamly.video/ ("Streaml)(")
which hosts multimedia recording(s) of the Event and other non-Event related
content available for on-demand video streaming and may include
"partneringONE" and/or "partneringONEplus" (a business-to-business platform
product that acts as a community through which users can network and contact
each other and find potential business prospects) available to attendees of
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Events within the life sciences vertical organised by the EBD Group of Informa
(together the "Event Platform").
5.2 We do not guarantee that the Event Platform will operate continuously,
securely or without errors or interruption, and we do not accept any liability for
its temporary unavailability. We do not guarantee that the Event Platform and/or
any content thereon (including, without limitation, any content available for
download) will be free from viruses, infections, Trojan horses, worms and/or any
other code that has contaminating or destructive properties.
5.3 You must not attempt to interfere with the proper working of the Event
Platform (for example, by attempting to circumvent security or tamper with, hack
into or otherwise disrupt any computer system, server, website, router or any
other internet connected device).
5.4 You agree to comply with any website terms of use and/or fair or acceptable
use policies indicated on any website on which the Event Platform is hosted,
including but not limited to https://informaconnect.com/terms-of-use/ and any
terms of use on www.Streamly.video from time to time. To the extent your Event
booking includes Streamly or access and membership to "partneringONE" and/or
"partneringONEplus" you/delegate(s) agree to be bound by the terms of use
available at https://informaconnect.com/terms-of-use/ in respect of such use. To
the extent of any conflict between these delegate terms and conditions and the
terms of use available at https://informaconnect.com/terms-of-use/, the website
terms of use shall govern (but only to the extent of such conflict).
5.5 We do not endorse or accept any responsibility for the content, or the use of,
any goods or services that may be identified or described on the Event Platform
and we shall not be liable for any loss or damage caused or alleged to be caused
by or in connection with use of, or reliance on, any content, goods or services
available on or through the Event Platform or any website or other resource
referenced therein.
5.6 Informa may issue you with a username and password. Usernames and
passwords are confidential and remain the property of Informa at all times and
may not be sold, assigned or transferred to any third party without our
permission. Your username and password are personal to you. You hereby agree
that you will not permit others to use your username or password and you will
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be and remain liable for the acts of any person using your username and
password.
5.7 Any multimedia recording(s) or videos, posts, messages, or other materials,
information or data you supply or upload to the Event Platform where that Event
Platform is Streamly will be considered non-confidential and non-proprietary,
and we have the right to use, copy, distribute and disclose to third parties any
such user generated content for any purpose. You hereby waive any moral rights
in any user generated content to the extent permitted by applicable law.
5.8 Any posts, messages, or other materials, information or data that you supply
or upload to the Event Platform where that Event Platform is "partneringONE"
and/or "partneringONEplus" will be considered proprietary to you but non-
confidential, save that Informa undertakes not to disclose such user generated
content outside of the "partneringONE" and/or "partneringONEplus" platforms.
Informa shall not acquire any ownership or intellectual property rights in any
content or data that you input or share within "partneringONE" and/or
"partneringONEplus". You grant to Informa a non-exclusive, non-transferable
license to access and use the data you input into these platforms, and any
intellectual property rights owned by you and comprised therein, for the purpose
of operating, promoting, and improving "partneringONE" and/or
"partneringONEplus".
5.9 You shall not make libellous postings or any postings which are illegal or
infringe the intellectual property rights of any third party. Informa will not be
responsible for monitoring content uploaded on the Event Platform for
compliance with law.
5.10 You may use the Streamly Event Platform for access to the Event and for
viewing on-demand content made available to you on Streamly (to the extent
access to Streamly is included in your booking form). In respect of any Event
Platform you must not: (i) download, store, reproduce, transmit, display, copy,
distribute, exploit or use the Event Platform and/or any content thereon for your
own commercial gain, (ii) use the Event Platform and/or any content thereon in
any manner other than in compliance with law, these terms and conditions and
the applicable Event Platform terms and conditions, (iii) infringe our intellectual
property rights or those of any third party in relation to your use of the Event
Platform and/or any content thereon, (iv) send messages, comment, upload or
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link to any material that is reasonably considered defamatory, offensive,
harassing, misleading or unlawful content, (v) transmit, or procure the sending
of, any unsolicited or unauthorised advertising or promotional material or any
other form of similar solicitation, and/or (vi) knowingly transmit, send or upload
any data that contains viruses, infections, Trojan horses, worms and/or any other
code that has contaminating or destructive properties viruses.
5.11 By uploading content to the Streamly Event Platform, you grant to Informa
and to each user of the Streamly Event Platform a worldwide, non-exclusive,
royalty-free, transferable, sublicensable licence to use that content (including to
reproduce, distribute, modify, display and perform it) for the purpose of
operating, promoting, and improving the Streamly Event Platform. The licences
granted herein shall continue until such content is removed from the Event
Platform. Informa may use automated systems or filters that analyse the
uploaded Streamly content to help detect infringement and abuse, such as spam,
malware, and illegal content. Informa reserves the right to monitor and track
visits to the Streamly Event Platform. If Informa reasonably believes that any
uploaded Streamly content (i) is in breach of these Conditions or (ii) may cause
harm to Informa, our users, or third parties, Informa reserves the right to
remove or take down some or all of such uploaded Streamly content but we do
not have any obligation to do so. Informa may operate a notice and takedown
system whereby users of the Streamly Event Platform may report content and
request its removal from the Streamly Event Platform.
5.12 Informa is under no obligation to oversee, monitor or moderate any
interactive service we provide on the Event Platform and, without limitation, we
expressly exclude all liability for any loss, injury or damage whatsoever arising
from the use of any interactive service by any user, whether the service is
moderated or not.
6. Consequences for Breach
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
By registering for and attending the Event, you agree to comply at all times with
Informa's Code of Conduct, as may be available on Informa's website from time
to time.
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Informa may (at its sole discretion) refuse access to, or eject / block from the
Event, any person in its absolute discretion, including (without limitation) any
person who fails to comply with these terms and conditions or who in the
opinion of Informa represents a security risk, nuisance or annoyance to the
running of the Event. You agree to comply with all reasonable instructions issued
by Informa or the venue owners or operators at the Event.
7. Consent to Official Photography and / or Recording at
Events
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
All unauthorised photography and / or the recording or transmitting of audio or
visual material, data or information is expressly prohibited. You consent to
Informa Group undertaking multimedia recording of the Event which may
include your participation in the Event as a delegate (the "Content") and you
consent to the use by Informa Group of any such recording anywhere in the
world for promotional, marketing and other purposes. You acknowledge and
agree that Informa Group is the exclusive owner of all rights in the Content and
hereby waive any and all: (a) rights in and to such Content, and (b) claims that
you may have relating to or arising from the Content or its use.
8. Data Privacy
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
The personal information which you provide to us will be held by us on a
database and where we have appropriate authorisation/justification (which may
include, without limitation, express/implied consent or legitimate interests), may
be shared with other companies in the Informa group and selected third parties
in the UK, United States and internationally for promotional purposes. Your
personal information may also be shared with government entities and
regulatory authorities as required by law. Further, there may be certain areas of
the Event at which your attendance is conditional on your personal information
being provided to third parties which have sponsored or are managing such
areas. The use that any third parties make of your personal information is
outside of Informa's control and, to the extent permitted by applicable law, we
do not accept any liability in this regard. For more information about how
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Informa use the information you provide please see our privacy policy which can
be found at https://www.informa.com/privacy-policy/.
9. Limitation of Liability
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
To the fullest extent permitted by the applicable law, Informa excludes: (a) all
liability for loss, injury or damage to persons or property at the Event; (b) all
indemnities, warranties, representations (whether express or implied); and (c)
any actual or alleged indirect loss or consequential loss, any loss of profits,
anticipated profits, savings, loss of business revenue, loss of business, loss of
opportunity, loss of goodwill, or any other type of economic loss, suffered by you
howsoever arising. If Informa is liable to you for any reason, Informa's total
liability to you in relation to the Event (whether under these terms or conditions
or otherwise) is limited to the amount of your fees received by Informa.
10. Miscellaneous
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
10.1 If, by reason of any Force Majeure Event, Informa is delayed in or prevented
from performing any of its obligations to you under these terms and conditions
or otherwise, then such delay or non-performance shall not be deemed to be a
breach of these terms and conditions and no loss or damage shall be claimed by
you by reason thereof. Informa's obligations shall be suspended during the
period of the delay or non-performance and Informa and you shall each use
reasonable endeavours to mitigate the effect of the Force Majeure Event. The
provisions of this Condition 10.1 are subject to the provision of Condition 4.3.
10.2 Informa reserves the right to amend these terms and conditions from time
to time. However, you will be subject to the terms and conditions in force at the
time you submit your registration.
10.3 No person other than you and Informa shall have the right to enforce these
terms and conditions between us without the prior written agreement of you and
Informa.
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11. Governing Law and Jurisdiction
11 .1 The governing law of these terms and conditions shall be determined based
on the location of in which the Event is due to take place:
(a) If the Event is originally scheduled to be held in the United States, then these
terms and conditions are governed by the laws of the State of New York (without
application of conflicts of laws principles) and you submit to the exclusive
jurisdiction of the federal and state courts located in New York County, NY,
having appropriate subject matter jurisdiction; or
(b) If the Event is originally scheduled to be held in the United Arab Emirates,
then these terms and conditions and any dispute or claim arising out of or in
connection with it or its subject matter or formation shall be governed by and
construed in accordance with the laws of Dubai and such federal laws of the UAE
as are applicable in Dubai and you submit to the exclusive jurisdiction of the
courts of Dubai; or
(c) If the Event is originally scheduled to be held in Canada, then these terms and
conditions are governed by the laws of the Province of Ontario, Canada,
exclusive of the choice of law rules of any jurisdiction, and you agree to submit to
the exclusive jurisdiction of the courts located in Toronto, Ontario having subject
matter jurisdiction.
(d) Otherwise, these terms and conditions and any dispute or claim arising out of
or in connection with it or its subject matter or formation shall be governed by
English law and you submit to the exclusive jurisdiction of the English courts.
11 .2 Nothing in this Condition 11 shall prevent or restrict Informa from pursuing
any action against you in any court of competent jurisdiction.
DISCLAIMER FOR ACTIVITIES
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
You should consider carefully whether or not you will be able to participate in
any activities offered as part of a programme relating to the Event. Informa
warns that some activities may be physically demanding and/or carry inherent
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dangers. You understand that some exercise-based activities may be a risk to
your physical health and safety if you do not perform them correctly. You accept
that, if a programme exists for the Event you are attending, it is entirely your
responsibility to decide whether or not participation in any activity offered as
part of the programme is appropriate to your capabilities, aptitude, fitness and
health. If you have any concerns about your capabilities, aptitude, fitness and/or
health to participate you should consult with (and follow the recommendations
of) a medical professional prior to engaging in any activity. If at any time during
any activity you feel unwell or consider that it is unsafe for you to continue,
please stop the activity immediately and seek appropriate advice. You also
accept that it is entirely your responsibility to observe all health and safety
requirements and instructions that you may be given in relation to activities. If
you are participating in any activity that is offered virtually for participation in a
home or office environment, you should ensure that your environment is safe,
provides adequate space and is free of dangerous or hazardous objects and
materials. To the extent permitted by applicable law, Informa and all entities
within the Informa group (as well as any employees or other representatives of
the same) excludes all liability for any loss, injury or damage whatsoever that you
may suffer in connection with or arising from your participation in any activities
offered as part of the programme (including, without limitation, any activities
held outside of, or incidentally to, the main Event that you are attending),
whether direct, indirect, consequential, special, incidental or punitive loss, injury
or damage (including, without limitation, injury to persons, property damage,
theft, loss of profits, loss of business, loss of opportunity, loss of goodwill, loss or
corruption of data or any other type of economic loss, injury or damage) or
otherwise. The limitations and exclusions in this paragraph only apply to the
extent permitted by applicable law.
CONTACT US
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
If you wish to contact us in relation to these terms and conditions, please contact
us at: Informa Connect - Legal Department, 5 Howick Place, London, SW1 P 1 WG,
UK / +44 (0) 20 7017 5000.
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Terms&Conditions
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Addendum
VFK Contract
Terms and Conditions
3406 North Roosevelt Blvd. Corporation d/b/a Visit Florida Keys (herein after "VFK" or "Customer" and
Tarsus Connect LLC (herein after Connect or"Company") agree as set forth below.
VFK and Connect hereby enter into this addendum with Connect Marketplace CORP Agreement
("Agreement") and agrees to the following:
This Agreement includes and incorporates the Connect Marketplace RTO agreement, the delegate terms
and conditions, the Digital Products terms and conditions, and this Addendum. To the extent that any
terms conflict, the language as set forth in this Addendum shall supersede any other terms and shall be
binding.
VFK is a not-for-profit corporation that supports the Monroe County Tourist Development Council and is
funded by tourist development taxes which are administered by the Monroe County Board of County
Commissioners (County).
The following provisions are required by law and policy.
This Agreement is subject to the approval of the payment of the expenditure under this Agreement by the
County. No valid contract exists, and no payment shall be made until approval bythe Monroe County Board
of County Commissioners.
This Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to comply with
Chapter 119, Florida Statutes.
Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70, Florida
Statutes. Payments due and unpaid under the Agreement shall bear interest pursuant to the Local
Government Prompt Payment Act. Company shall submit to VFK invoices with supporting documentation
that are acceptable to the Monroe County Clerk and Comptroller (Clerk). Acceptability to the Clerk is
based on generally accepted accounting principles and such laws, rules and regulations as may govern
the Clerk's disbursal of funds.
Travel, as approved by VFK, shall be reimbursed to the Company, but only to the extent and in the amounts
authorized by Section 112.061, Florida Statutes and in accordance with Monroe County Code Chapter 2,
Art. III, Div 3 and Monroe County Travel Policies.
The County's indemnification is limited and subject to the sovereign immunity provisions of Sec. 768.28,
Florida Statutes.
This Agreement shall not exceed $150,000.00. Any automatic renewal is subject to this not to exceed
amount of$150,000.00
Maintenance of Records: Company shall maintain all books, records, and documents directly pertaining
to performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives, shall have
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reasonable and timely access to such records of each other party to this Agreement for public records
purposes during the term of this Agreement and for five years following the termination of this Agreement.
If an auditor employed by VFK, the County or the Clerk determines that monies paid to Company pursuant
to this Agreement were spent for purposes not authorized by this Agreement, Company shall repay the
monies together with interest calculated pursuant to Sec.55.03; FS, runningfrom the date the monies were
paid to Company.
Governing Law, Venue, Interpretation, Cost and Fees: This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, the Customer and Company agree that
venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida. This Agreement shall not be subject to arbitration.
Attorney's Fees and Costs: The Parties agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of this
Agreement,the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award
against the non-prevailing party, and shall include attorney's fees and court costs in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
Nondiscriminiation: Event Coordinator and County agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on the
part of any party, effective the date of the court order. Event Coordinator and County agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination in employment on the basis of race, color, religion, sex, and national origin; 2)Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC
s. 794), which prohibits discrimination on the basis of disabilities; 4) The Age Discrimination Act of 1975,
as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse
Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of
the Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as
may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe
County Code, Chapter 14,Article II,which prohibits discrimination on the basis of race, color, sex, religion,
disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age;
11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
hereto, or the subject matter of, this Agreement.
Public Records Compliance: Company must comply with Florida public records laws, including but not
limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. VFK and
Company shall allow and permit reasonable access to, and inspection of, all documents, records, papers,
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letters or other"public record" materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the Customer and Company in conjunction with
this contract and related to contract performance. The Customer shall have the right to unilaterally cancel
this contract upon violation of this provision by Company. Failure of Company to abide by the terms of this
provision shall be deemed a material breach of this contract and the Customer may enforce the terms of
this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall
survive any termination or expiration of the contract. Company is encouraged to consult with its advisors
about Florida Public Records Law in order to comply with this provision.
Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of Customer and Company in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage or local government liability insurance pool coverage shall
not be deemed a wavier of immunity to the extent of liability coverage.
Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them,
of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any
service or program contemplated hereunder, and VFK and the Company agree that neither the Customer
nor the Company or any agent, officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual orgroup of individuals, entity or entities, have entitlements
or benefits under this Agreement separate and apart, inferior to, or superiorto the community in general or
for the purposes contemplated in this Agreement.
No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of VFK in his or her individual capacity, and no
member, officer, agent or employee of VFK shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
E-Verify System: In accordance with F.S. 488.095,Any Contractor or subcontractor shall register with and
shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization
status of all new employees hired by Company during the term of the Contract and shall expressly require
any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the
U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new
employees hired by the subcontractor during the Agreement term. Any Subcontractor shall provide an
affidavit stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. Company shall comply with and be subject to the provisions of F.S. 448.095.
Non-Collusion Affidavit- Company by signing this Agreement, according to law on my oath, and under
penalty of perjury, depose and say that the person signing on behalf of the firm of Company, the bidder
making the Proposal for the project described in the Scope of Work and that I executed the said proposal
with full authority to do so; the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor; unless otherwise required by law, the
prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not
knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to
any competitor; and no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the
statements contained in this affidavit are true and correct, and made with full knowledge that VFK and
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Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for
said project.
Indemnification and Hold Harmless- The Company covenants and agrees to indemnify and hold
harmless VFK, the Monroe County Tourist Development Council, Monroe County and Monroe County
Board of County Commissioners, its officers and employees from third party liabilities, damages, losses
and reasonable costs, including but not limited to, reasonable attorneys'fees, to the extent caused bythe
negligence, recklessness, or intentional wrongful conduct of the Company, subcontractor(s) and other
persons employed or utilized by the Company in the performance of the contract. The extent of liability is
in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this
agreement. This indemnification shall survive the expiration or early termination of the Agreement.
Insurance—VFK has the following insurance policies:
General Liability$1,000,000
Workers' Comp $100,000 as per Florida Statutes
VFK will not obtain or be required to obtain any other policies imposed by Company
Tarsus Connect LLC
Organization Name
®DocuSigned by:
125059713DEB418...
Signature
vp, sales
Title
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6/9/25,8:57 AM Delegate Terms and Conditions I BizBash
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Delegate Terms and Conditions
These terms and conditions apply between the person, firm, company or other
entity specified on your booking form ("you" or "your") and the Informa Group
company that is the owner, organizer, operator and/or manager of the
event/conference ("Informa"), for attendee / delegate registrations for the event
specified on your booking form ("Event"). Please read them carefully as they
contain important information. By submitting your registration to attend the
Event ("your registration") you agree to be bound by these terms to the exclusion
of all other terms. If you do not agree to be bound by these terms Informa will be
unable to accept your registration.
1. Registration Confirmation
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
Your registration (whether submitted directly by you or on your behalf) is an
offer to Informa to attend an Event which is subject to Informa's acceptance in
writing (which may include (without limitation) email). A binding contract
between Informa and you will only be formed when written confirmation of
acceptance ("Confirmation" or "Confirmed") is sent by Informa to you (whether or
not it is received) using the contact details you provided at the time of
registration. You should contact Informa if you have not received Confirmation
within 5 days of your registration, but in any event if Confirmation is not sent
within 14 days of Informa receiving your registration, your registration will be
deemed to be accepted unless Informa notifies you otherwise. Informa reserves
the right in its sole discretion to refuse to accept your registration.
2. Fees and Payment Terms
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
2.1 You will pay Informa the fees specified in your booking form for the Event
("your fees"). Payment of your fees must be received in full and in cleared funds
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by Informa from you in accordance with Informa's payment terms from time to
time in force but in any event not later than 48 hours before the Event. If
payment of your fees in full is not received before the Event, Informa may (at its
sole discretion) either require such payment as a condition of your access to the
Event or refuse or block your access to the Event (whether physical or virtual). No
refunds of any proportion of your fees already paid (if any) will be made and any
balance of your fees will remain due and payable where access to an Event is
refused under this Condition 2.1 .
2.2 All discounts can only be applied at the time of registration and discounts
cannot be combined. All discounts are subject to Informa's approval. Discounts
for group registrations are only valid for the number of delegates specified on
your booking form. If the number of delegates that actually attends the Event is
(for any reason) less than the number specified in your booking form, then
Informa may (at its sole discretion) change your fees to reflect the number of
delegates that actually attend the Event in line with Informa's published prices
then in force. Any additional sums payable to us as a result shall be paid in line
with this Condition 2.
2.3 Prices for each Event are correct at the time of publication. Informa reserves
the right to change the prices at any time but changes will not affect registrations
which have already been confirmed by Informa.
2.4 It is the intent of the parties that Informa will receive payment of your fees
net of all applicable taxes, including without limitation, sales, VAT, service or
withholding taxes ("Taxes"), all of which shall be paid solely by you. If and to the
extent that any Taxes are levied upon, or found to be applicable to, the whole or
any portion of the payment of your fees, the amount of such payment shall be
increased by an amount necessary to compensate for the Taxes (including any
amount necessary to "gross up" for Taxes levied on the increase itself).
3. Cancellation by You
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
3.1 Except as may be otherwise expressly advised as part of the particular Event's
registration process, you may cancel your registration in accordance with, and
subject to the terms and conditions of, this Condition 3:
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...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
If you cancel your registration... Then...
...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
100% of your fees can be applied to
91 days before the Event the purchase of another Informa
product within 1 year of such
cancellation
...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
75% of your fees can be applied to
the purchase of another Informa
61 -90 days before the Event product within 1 year of such
cancellation (it being understood that
the remaining 25% will be forfeited
and retained by Informa)
...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
50% of your fees can be applied to
the purchase of another Informa
31 -60 days before the Event product within 1 year of such
cancellation (it being understood that
the remaining 50% will be forfeited
and retained by Informa)
...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
0-30 days before the Event 100% of your fees will be forfeited
and retained by Informa
Please note that any cancellation will result in the forfeiture of any multi-
registration discount. No cancellations are accepted once any part of a single or
multi registration party has accessed the pre-Event networking or partnering
facilities, applications or platforms. All cancellations must be sent by email to
connect.cancellations@informa.com marked for the attention of Customer
Services and must be received by Informa. You acknowledge that the crediting of
your fees to the purchase of another Informa product in accordance with
Condition 3 is your sole remedy in respect of any cancellation of your registration
by you and all other liability is expressly excluded.
3.2 Substitutions with employees from your organisation are welcome at any
time but in all other respects delegate registrations are issued for your personal
use only and cannot be shared with any person during the Event. You may not
purchase registrations as agent for any third party, sell or otherwise transfer
your registration to others, or exploit the registration commercially or non-
commercially in any way.
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4. Change to or Cancellation of the Event by Informa
4.1 Informa may (at its sole discretion) change the format (including, without
limitation, from a physical in-person Event to a virtual Event and vice versa),
speakers, participants, content, venue location and programme or any other
aspect of the Event at any time and for any reason, whether or not due to a Force
Majeure Event, in each case without liability.
4.2 Informa may (at its sole discretion) change the date or cancel an Event at any
time for any reason. Where Informa changes the date or cancels the Event for
any reason except due to a Force Majeure Event (in which case the terms of
Condition 4.3 shall apply) Informa shall automatically transfer your registration
to any rearranged Event that Informa chooses to organise (acting in its sole
discretion). If you promptly, and not more than 21 days after being notified by
Informa of the new date(s) of the Event, notify Informa in writing that you do not
wish to attend the rearranged Event or if Informa elects not to rearrange the
Event then you will (as your sole remedy) be entitled, at your discretion, to
receive either a credit note or a refund in respect of your fees received by
Informa. After expiry of the 21 day notification period set out above you may still
cancel your registration for the rearranged Event. Condition 3 above shall apply
with reference to the new dates and an administrative charge may be payable.
4.3 Where a Force Majeure Event has or may have (in Informa's sole discretion)
an adverse impact on: (i) the ability of Informa to hold the Event at the planned
venue or on the planned date; or (ii) the Event generally, then Informa shall be
entitled but not obliged (in its sole discretion) to either: (i) provide an alternative
format, facility or venue for the Event; and/or (ii) reschedule the Event. Any of
your fees received by Informa shall be applied to any rearranged or rescheduled
Event held pursuant to this Condition 4.3 and you shall not be entitled to object
to such rearranged or rescheduled Event or have any right to claim any
compensation in respect thereof. If Informa is unable or elects not to rearrange
or reschedule the Event pursuant to this Condition 4.3, then you will (as your sole
remedy) be entitled, in your sole discretion, to receive either a refund or credit
note in respect of your fees received by Informa.
4.4 These terms and conditions shall equally apply in respect of any rearranged
or rescheduled Event organised by Informa pursuant to Conditions 4.2 and 4.3.
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4.5 For the purpose of these terms and conditions "Force Majeure Event" means
any event or circumstance arising that is beyond the reasonable control of
Informa (including but not limited to governmental laws, ordinances, regulations,
requisitions, restrictions, guidelines, recommendations or action, imposition of
sanctions, embargo, military action, acts or threats of terrorism or war, mob, civil
commotion or riot, health scares (including without limitation, epidemic and
pandemic (e.g., COVID-19), whether or not new, ongoing or recurring), fire, acts
of God, flood, drought, earthquake, severe weather, disaster, disruption to
transportation, third party contractor/supplier failure, venue damage or
cancellation, industrial dispute, strikes, labour disputes, interruption/failure of
utility service, lack of commodities or supplies, accidents, nuclear, chemical or
biological contamination, speaker or participant cancellation or withdrawal, or
any other comparable calamity or casualty).
4.6 To the fullest extent permitted by the applicable law, Informa shall not be
liable to you for any loss, delay, damage or other liability incurred resulting from
or arising in connection with the cancellation or date change of the Event
howsoever arising or any venue change. You acknowledge and agree that the
provisions of Conditions 4.1 , 4.2 and 4.3 set out your sole remedy should the
Event be changed, postponed or cancelled and all other liability of Informa is
expressly excluded.
5. Access to and Use of an online Event Platform
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
lfyou have access to Streamly(as defined below)included in your booking form,
then the terms of this Condition 5 apply to your use of Streamly.
5.1 You undertake to be responsible for any technical requirements needed to
enable you to access the Event website, app or other platform provided to you in
relation to an Informa product or service, which may include Informa's Streamly
video streaming service platform available at https://streamly.video/ ("Streaml)(")
which hosts multimedia recording(s) of the Event and other non-Event related
content available for on-demand video streaming and may include
"partneringONE" and/or "partneringONEplus" (a business-to-business platform
product that acts as a community through which users can network and contact
each other and find potential business prospects) available to attendees of
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Events within the life sciences vertical organised by the EBD Group of Informa
(together the "Event Platform").
5.2 We do not guarantee that the Event Platform will operate continuously,
securely or without errors or interruption, and we do not accept any liability for
its temporary unavailability. We do not guarantee that the Event Platform and/or
any content thereon (including, without limitation, any content available for
download) will be free from viruses, infections, Trojan horses, worms and/or any
other code that has contaminating or destructive properties.
5.3 You must not attempt to interfere with the proper working of the Event
Platform (for example, by attempting to circumvent security or tamper with, hack
into or otherwise disrupt any computer system, server, website, router or any
other internet connected device).
5.4 You agree to comply with any website terms of use and/or fair or acceptable
use policies indicated on any website on which the Event Platform is hosted,
including but not limited to https://informaconnect.com/terms-of-use/ and any
terms of use on www.Streamly.video from time to time. To the extent your Event
booking includes Streamly or access and membership to "partneringONE" and/or
"partneringONEplus" you/delegate(s) agree to be bound by the terms of use
available at https://informaconnect.com/terms-of-use/ in respect of such use. To
the extent of any conflict between these delegate terms and conditions and the
terms of use available at https://informaconnect.com/terms-of-use/, the website
terms of use shall govern (but only to the extent of such conflict).
5.5 We do not endorse or accept any responsibility for the content, or the use of,
any goods or services that may be identified or described on the Event Platform
and we shall not be liable for any loss or damage caused or alleged to be caused
by or in connection with use of, or reliance on, any content, goods or services
available on or through the Event Platform or any website or other resource
referenced therein.
5.6 Informa may issue you with a username and password. Usernames and
passwords are confidential and remain the property of Informa at all times and
may not be sold, assigned or transferred to any third party without our
permission. Your username and password are personal to you. You hereby agree
that you will not permit others to use your username or password and you will
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be and remain liable for the acts of any person using your username and
password.
5.7 Any multimedia recording(s) or videos, posts, messages, or other materials,
information or data you supply or upload to the Event Platform where that Event
Platform is Streamly will be considered non-confidential and non-proprietary,
and we have the right to use, copy, distribute and disclose to third parties any
such user generated content for any purpose. You hereby waive any moral rights
in any user generated content to the extent permitted by applicable law.
5.8 Any posts, messages, or other materials, information or data that you supply
or upload to the Event Platform where that Event Platform is "partneringONE"
and/or "partneringONEplus" will be considered proprietary to you but non-
confidential, save that Informa undertakes not to disclose such user generated
content outside of the "partneringONE" and/or "partneringONEplus" platforms.
Informa shall not acquire any ownership or intellectual property rights in any
content or data that you input or share within "partneringONE" and/or
"partneringONEplus". You grant to Informa a non-exclusive, non-transferable
license to access and use the data you input into these platforms, and any
intellectual property rights owned by you and comprised therein, for the purpose
of operating, promoting, and improving "partneringONE" and/or
"partneringONEplus".
5.9 You shall not make libellous postings or any postings which are illegal or
infringe the intellectual property rights of any third party. Informa will not be
responsible for monitoring content uploaded on the Event Platform for
compliance with law.
5.10 You may use the Streamly Event Platform for access to the Event and for
viewing on-demand content made available to you on Streamly (to the extent
access to Streamly is included in your booking form). In respect of any Event
Platform you must not: (i) download, store, reproduce, transmit, display, copy,
distribute, exploit or use the Event Platform and/or any content thereon for your
own commercial gain, (ii) use the Event Platform and/or any content thereon in
any manner other than in compliance with law, these terms and conditions and
the applicable Event Platform terms and conditions, (iii) infringe our intellectual
property rights or those of any third party in relation to your use of the Event
Platform and/or any content thereon, (iv) send messages, comment, upload or
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link to any material that is reasonably considered defamatory, offensive,
harassing, misleading or unlawful content, (v) transmit, or procure the sending
of, any unsolicited or unauthorised advertising or promotional material or any
other form of similar solicitation, and/or (vi) knowingly transmit, send or upload
any data that contains viruses, infections, Trojan horses, worms and/or any other
code that has contaminating or destructive properties viruses.
5.11 By uploading content to the Streamly Event Platform, you grant to Informa
and to each user of the Streamly Event Platform a worldwide, non-exclusive,
royalty-free, transferable, sublicensable licence to use that content (including to
reproduce, distribute, modify, display and perform it) for the purpose of
operating, promoting, and improving the Streamly Event Platform. The licences
granted herein shall continue until such content is removed from the Event
Platform. Informa may use automated systems or filters that analyse the
uploaded Streamly content to help detect infringement and abuse, such as spam,
malware, and illegal content. Informa reserves the right to monitor and track
visits to the Streamly Event Platform. If Informa reasonably believes that any
uploaded Streamly content (i) is in breach of these Conditions or (ii) may cause
harm to Informa, our users, or third parties, Informa reserves the right to
remove or take down some or all of such uploaded Streamly content but we do
not have any obligation to do so. Informa may operate a notice and takedown
system whereby users of the Streamly Event Platform may report content and
request its removal from the Streamly Event Platform.
5.12 Informa is under no obligation to oversee, monitor or moderate any
interactive service we provide on the Event Platform and, without limitation, we
expressly exclude all liability for any loss, injury or damage whatsoever arising
from the use of any interactive service by any user, whether the service is
moderated or not.
6. Consequences for Breach
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
By registering for and attending the Event, you agree to comply at all times with
Informa's Code of Conduct, as may be available on Informa's website from time
to time.
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Informa may (at its sole discretion) refuse access to, or eject / block from the
Event, any person in its absolute discretion, including (without limitation) any
person who fails to comply with these terms and conditions or who in the
opinion of Informa represents a security risk, nuisance or annoyance to the
running of the Event. You agree to comply with all reasonable instructions issued
by Informa or the venue owners or operators at the Event.
7. Consent to Official Photography and / or Recording at
Events
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
All unauthorised photography and / or the recording or transmitting of audio or
visual material, data or information is expressly prohibited. You consent to
Informa Group undertaking multimedia recording of the Event which may
include your participation in the Event as a delegate (the "Content") and you
consent to the use by Informa Group of any such recording anywhere in the
world for promotional, marketing and other purposes. You acknowledge and
agree that Informa Group is the exclusive owner of all rights in the Content and
hereby waive any and all: (a) rights in and to such Content, and (b) claims that
you may have relating to or arising from the Content or its use.
8. Data Privacy
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
The personal information which you provide to us will be held by us on a
database and where we have appropriate authorisation/justification (which may
include, without limitation, express/implied consent or legitimate interests), may
be shared with other companies in the Informa group and selected third parties
in the UK, United States and internationally for promotional purposes. Your
personal information may also be shared with government entities and
regulatory authorities as required by law. Further, there may be certain areas of
the Event at which your attendance is conditional on your personal information
being provided to third parties which have sponsored or are managing such
areas. The use that any third parties make of your personal information is
outside of Informa's control and, to the extent permitted by applicable law, we
do not accept any liability in this regard. For more information about how
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Informa use the information you provide please see our privacy policy which can
be found at https://www.informa.com/privacy-policy/.
9. Limitation of Liability
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
To the fullest extent permitted by the applicable law, Informa excludes: (a) all
liability for loss, injury or damage to persons or property at the Event; (b) all
indemnities, warranties, representations (whether express or implied); and (c)
any actual or alleged indirect loss or consequential loss, any loss of profits,
anticipated profits, savings, loss of business revenue, loss of business, loss of
opportunity, loss of goodwill, or any other type of economic loss, suffered by you
howsoever arising. If Informa is liable to you for any reason, Informa's total
liability to you in relation to the Event (whether under these terms or conditions
or otherwise) is limited to the amount of your fees received by Informa.
10. Miscellaneous
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
10.1 If, by reason of any Force Majeure Event, Informa is delayed in or prevented
from performing any of its obligations to you under these terms and conditions
or otherwise, then such delay or non-performance shall not be deemed to be a
breach of these terms and conditions and no loss or damage shall be claimed by
you by reason thereof. Informa's obligations shall be suspended during the
period of the delay or non-performance and Informa and you shall each use
reasonable endeavours to mitigate the effect of the Force Majeure Event. The
provisions of this Condition 10.1 are subject to the provision of Condition 4.3.
10.2 Informa reserves the right to amend these terms and conditions from time
to time. However, you will be subject to the terms and conditions in force at the
time you submit your registration.
10.3 No person other than you and Informa shall have the right to enforce these
terms and conditions between us without the prior written agreement of you and
Informa.
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11. Governing Law and Jurisdiction
11 .1 The governing law of these terms and conditions shall be determined based
on the location of in which the Event is due to take place:
(a) If the Event is originally scheduled to be held in the United States, then these
terms and conditions are governed by the laws of the State of New York (without
application of conflicts of laws principles) and you submit to the exclusive
jurisdiction of the federal and state courts located in New York County, NY,
having appropriate subject matter jurisdiction; or
(b) If the Event is originally scheduled to be held in the United Arab Emirates,
then these terms and conditions and any dispute or claim arising out of or in
connection with it or its subject matter or formation shall be governed by and
construed in accordance with the laws of Dubai and such federal laws of the UAE
as are applicable in Dubai and you submit to the exclusive jurisdiction of the
courts of Dubai; or
(c) If the Event is originally scheduled to be held in Canada, then these terms and
conditions are governed by the laws of the Province of Ontario, Canada,
exclusive of the choice of law rules of any jurisdiction, and you agree to submit to
the exclusive jurisdiction of the courts located in Toronto, Ontario having subject
matter jurisdiction.
(d) Otherwise, these terms and conditions and any dispute or claim arising out of
or in connection with it or its subject matter or formation shall be governed by
English law and you submit to the exclusive jurisdiction of the English courts.
11 .2 Nothing in this Condition 11 shall prevent or restrict Informa from pursuing
any action against you in any court of competent jurisdiction.
DISCLAIMER FOR ACTIVITIES
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
You should consider carefully whether or not you will be able to participate in
any activities offered as part of a programme relating to the Event. Informa
warns that some activities may be physically demanding and/or carry inherent
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dangers. You understand that some exercise-based activities may be a risk to
your physical health and safety if you do not perform them correctly. You accept
that, if a programme exists for the Event you are attending, it is entirely your
responsibility to decide whether or not participation in any activity offered as
part of the programme is appropriate to your capabilities, aptitude, fitness and
health. If you have any concerns about your capabilities, aptitude, fitness and/or
health to participate you should consult with (and follow the recommendations
of) a medical professional prior to engaging in any activity. If at any time during
any activity you feel unwell or consider that it is unsafe for you to continue,
please stop the activity immediately and seek appropriate advice. You also
accept that it is entirely your responsibility to observe all health and safety
requirements and instructions that you may be given in relation to activities. If
you are participating in any activity that is offered virtually for participation in a
home or office environment, you should ensure that your environment is safe,
provides adequate space and is free of dangerous or hazardous objects and
materials. To the extent permitted by applicable law, Informa and all entities
within the Informa group (as well as any employees or other representatives of
the same) excludes all liability for any loss, injury or damage whatsoever that you
may suffer in connection with or arising from your participation in any activities
offered as part of the programme (including, without limitation, any activities
held outside of, or incidentally to, the main Event that you are attending),
whether direct, indirect, consequential, special, incidental or punitive loss, injury
or damage (including, without limitation, injury to persons, property damage,
theft, loss of profits, loss of business, loss of opportunity, loss of goodwill, loss or
corruption of data or any other type of economic loss, injury or damage) or
otherwise. The limitations and exclusions in this paragraph only apply to the
extent permitted by applicable law.
CONTACT US
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
If you wish to contact us in relation to these terms and conditions, please contact
us at: Informa Connect - Legal Department, 5 Howick Place, London, SW1 P 1 WG,
UK / +44 (0) 20 7017 5000.
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