Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
There is always inherent risk in attending any event or participating in any activity. Due to the circumstances created by the coronavirus pandemic, there is a heightened degree of personal risk and responsibility in attending a live event. The Financial Planning Association (“FPA”) will be taking all prudent and advisable measures to reduce the risk of virus/illness transmission between people while onsite. Despite our best efforts, we will be unable to reduce the level of risk to zero.
In light of ongoing concerns regarding COVID and communicable health risks more generally, FPA will implement health and safety protocols appropriate to the public health circumstances existing at the time of the conference or event. FPA will exercise reasonable efforts to utilize protocols that will comply with or exceed any local public health requirements and be consistent with then-prevailing public health standards as issued by relevant public health entities.
Those protocols may include the following: vaccination, proof of COVID status, self-monitoring, biometric screening, symptom checkers, contact tracing, use of personal protective equipment and social distancing, or other similar measures. Compliance with some or all of the protocols adopted by FPA may be mandatory for in-person attendance and participation at the Conference. Additional information regarding the specific health and safety measures, and any necessary consents by you, will be communicated to Attendees prior to the first day of the conference or event.
Accordingly, you agree that you will not attend an FPA conference or event if within fourteen (14) days preceding the start date, you have:
- tested positive or presumptively positive for COVID or other communicable disease or been identified as a potential carrier of COVID or other communicable disease; or
- experienced any symptoms commonly associated with COVID or other communicable disease; or
- traveled to a country that is subject to a U.S. State Department Level 4 “Do Not Travel” health advisory or a CDC Level 3 Travel Health Notice (each, a “Prohibited Country”); or
- been in direct contact with or the immediate vicinity of (collectively, the “Encounter”) any person who is either confirmed or suspected of being infected with COVID or other communicable disease or who has travelled to a Prohibited Country within the last fourteen (14) days preceding the Encounter.
Further, you understand and agree that FPA may share any COVID-related information about you that FPA receives as part of such health and safety protocols with public health authorities or other regulatory agencies, as required under applicable laws.
You assume all risks associated with, resulting from, or arising in connection with, attendance at and/or participation, in any capacity, in the Conference or any Conference-related activities, including, without limitation, all risks of theft, loss, harm, damage, illness or sickness (including those caused by known or unknown infectious or communicable disease such as COVID, H1N1, or other illness or sickness caused by bacteria, fungi, microorganisms or viruses), or injury to the person (including death) or property damage, whether caused by negligence, intentional act, accident, act of God, or otherwise, and whether occurring before, during or after the Conference.
You further agree that neither FPA nor its agents, officers, directors, members, contractors, or employees shall be liable for illness, sickness or injuries to the person (including death) or loss or damage to property resulting from, occurring at or arising out of the Conference or Conference-related activities, including but not limited to any education sessions presented in connection with the Conference, or for any indirect, incidental, consequential, special, punitive or exemplary damages. You further release and discharge such persons and entities from, and covenant not to sue such persons and entities with respect to, any and all risks, injuries, losses, damages and liabilities described herein.
You further agree that the maximum liability of FPA to you arising from your registration, participation, and attendance at the conference or event shall be the return of your fees paid to FPA.
You understand that all attendees shall be required to use hand sanitizer frequently, and may be required to stay 6 feet apart from all other people, refrain from any personal contact, and follow any additional social distancing guidance and regulations imposed by the conference or event venue/s regardless of whether federal, state, or local laws dictate the use of these practices. These regulations may become more or less strict at any time between now and the event date, due to circumstances beyond anyone's control. If I am refused entrance or am removed from the conference for not following these regulations, I will not receive a refund.
BY REGISTERING FOR THIS EVENT, YOU AGREE TO THE TERMS AND CONDITIONS LISTED ABOVE. FAILURE TO COMPLY WITH ANY OF THE ABOVE MAY RESULT IN REGISTRATION CANCELLATION WITHOUT REFUND. FPA RESERVES THE RIGHT TO EXPEL ANYONE FROM THE CONFERENCE WHO DOES NOT COMPLY WITH ANY OF THE ABOVE TERMS.
Governing law, venue, class action waiver, and jury waiver
You agree that any disputes related to your participation in and/or fees paid for the conference or event shall be governed exclusively by the substantive laws of the State of Colorado without giving effect to any choice-of-law rules that might result in the application of a different state’s substantive law. You further agree that the mandatory, exclusive venue for any action related to your participation in and/or fees paid for the conference or event shall be the Denver District Court for the District of Colorado or any state court located in Denver, Colorado. You further agree that both you and FPA waive any right to a trial by jury for any legal action related to the conference or event, including without limitation your participation in and/or fees paid for the conference or event.