Any and all other costs associated with the participant’s or any individual’s attendance or participation in UpStart engagements or any portion thereof (including, without limitation, any travel and/or accommodation expenses, medical insurance, etc., above those outlined to be covered by UpStart) shall be the sole responsibility and obligation of the participant, and UpStart shall have no liability or responsibility for such costs.
Participant and any individual participating in UpStart engagements on participant’s behalf agrees and understands that the engagements or any portion of it may be filmed, photographed and/or recorded and that UpStart shall have all rights in and to such film, photographs and/or recording, including the copyright therein. The copyright shall include, but not be limited to, the right to use, re-use, publish, and re-publish and otherwise reproduce, modify, and display any such film, photograph and/or recording for educational and promotional purposes, including without limitation, audiotapes, audio CDs, DVDs, websites, video, or film or any other form of recorded images now available and hereafter developed. Participant and each individual participating in UpStart engagements on the participant’s behalf hereby grant the right, without compensation, to film, photograph and/or record the participant and/or any individual participant while participating in UpStart engagements or any portion thereof, and they hereby waive any right which they have or may have hereafter in any such film, photograph and/or recording.
In appropriate engagement settings, UpStart may use AI notetaking tools to capture recordings, summaries, or transcripts of sessions. Any such recordings will be shared with all participants in that session. Participants agree not to record by audio, video, photographic, or any other means, any portion of the engagement.
Participant acknowledges and agrees that UpStart, in its sole discretion, reserves the right to change any and all aspects of UpStart engagements at any time, including but not limited to, the engagement name, themes, content, program, speakers, performers, hosts, moderators, venue, format, date and/or time.
All intellectual property rights in and to the UpStart engagement, the engagement content, and all materials distributed at or in connection with the engagement are owned by UpStart and/or the engagement speakers presenting. Participant may not use or reproduce or allow anyone, including any individual participant, to use or reproduce any trademarks or other trade names appearing at the engagement, in any program content, and/or in any of the materials distributed at or in connection with the engagement for any reason without the prior written permission of UpStart. For the avoidance of doubt, nothing in this Agreement shall be deemed to grant participant or any individual participant any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by UpStart or any of its affiliates or grant to participant or any individual participant any right or license to any other intellectual property rights of UpStart, its affiliates, or speakers presenting at the engagement.
UpStart gives no warranties in respect of any aspect of the engagement or any materials related thereto or offered at the engagement and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. Neither UpStart nor its affiliates shall have or accept any responsibility or liability for reliance by participant or any person, including any individual participant, on any aspect of the engagement and/or any information provided at or in connection with the engagement.
Other than to the extent required as a matter of law, UpStart shall not be liable for any direct, indirect, special, incidental, or consequential costs, damages, losses, or attorney fees or costs arising directly or indirectly from the engagement, participant’s or any individual participant’s participation in the engagement, or other aspect related to the engagement or in connection with this Agreement or participation in the engagement. Participant and each individual participant hereby irrevocably and unconditionally agree to release, waive, and discharge UpStart, its directors, officers, agents, and employees (hereinafter referred to as “releasees”) from any and all liabilities, claims, demands, actions, losses, expenses (including reasonably attorneys’ fees and costs), and causes of action whatsoever directly, indirectly, wholly, or partially arising out of or relating to any loss, damage, or injury, including death, that may be sustained by the participant or anyone associated with the participant organization, or to any property belonging to such persons, while participating in any UpStart engagement, and/or while in, on, or upon the premises where UpStart program(s) is/are being conducted.
The parties agree that each shall treat confidentially all information provided by each party to the other regarding its business and operations. All confidential information provided by a party, including but not limited to any information shared by UpStart with participants or any individual participant as part of or related to the engagement that would be deemed to be of a confidential nature by a reasonable person, shall be used by the other party solely for the purpose of participating in the engagement, and shall not be disclosed to any third party without the prior consent of such providing party. The foregoing shall not be applicable to any information that is publicly available when provided or thereafter becomes publicly available other than through a breach of this Agreement, or that is required to be disclosed by or to any regulatory authority, or by judicial or administrative process or otherwise by applicable law.
This Agreement does not create a partnership, joint venture, or other similar relationship between the parties, and no party will have the power to obligate any other party in any manner whatsoever as a result of this Agreement.
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflicts of law principles. The parties agree that any legal action or proceeding with respect to this Agreement may be initiated only in the federal or state courts located in the City of Oakland and County of Alameda, California.
Participant shall be responsible for obtaining and maintaining all insurance required by law, as well as a comprehensive general liability insurance policy. Participant must supply a certificate of insurance to UpStart evidencing such coverage. UpStart’s insurance policies will not provide coverage for participants unless otherwise specifically indicated.
Participant may not assign or transfer its rights under this Agreement, including by operation of law, without the prior written consent of Upstart.