Community Workshop Organizer Agreement

 

THIS IS AN IMPORTANT LEGAL DOCUMENT.   PLEASE READ IT CAREFULLY. BY REGISTERING ONLINE TO ORGANIZE AND HOST AN EVENT ACTIVITY, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.  

I wish to participate as an organizer and host of one or more community event activities (the “Event Activities”) facilitated by Consumer Reports, Inc. (“CR”).   In consideration for being permitted to participate in the Event Activities as an organizer and host in furtherance of shared consumer policy goals, the undersigned hereby acknowledges and agrees as follows:

    1. I have read and agree to the requirements, including without limitation requirements concerning in-kind donations, set forth in the applicable Consumer Reports Facilitator Guide, a copy of which has been provided to me.  

    2. I acknowledge that I may not host community events in my home unless I have personally invited all of the attendees.

    3. I am responsible for all costs associated with hosting each Event Activity, including venue, equipment, food, printing and materials. Except as may be specifically agreed to by CR in writing in advance, CR is not responsible for reimbursing me for any such costs or with providing me with any materials other than participant materials made available to me online as described in the Facilitator Guide.

    4. I am fully aware of the risks involved in hosting, organizing and participating in the Event Activities, including but not limited to the risk of property loss or damage, personal injury or death and am entering into this Agreement of my own free will.  I hereby agree to release, discharge, hold harmless and defend CR, its affiliates, successors and assigns, and the respective officers, directors, employees, members, volunteers, independent contractors and agents of each of them (collectively, the "Released Parties") from and against any and all claims and liability that may arise, whether directly or indirectly, now or in the future, by reason of any injury, death, damages (including consequential, incidental and punitive damages), losses, costs, expenses and attorneys’ fees (collectively “Losses”) that may arise out of or in connection with my participation in the Event Activities, unless caused by the gross negligence or willful misconduct of the Released Parties.

    5. CR may give me access to certain systems and digital tools for creating  and managing events that I host, including event RSVPs. I agree to comply with all rules communicated to me by CR about appropriate use of such systems and digital tools.  I further agree to keep confidential and not disclose to any third party any login/access information to such systems and tools.

    6. I will keep confidential and not disclose to any third party, including any other other person, group or organization, nor use for any other purpose other than the Event Activities, any personally identifying information of any event attendee (“Attendee PII”) that is shared with me by CR or by the event attendee as a result of the Event Activities unless (a) I have received consent to do so by the event attendee, (b) CR notifies me that I have received express consent to do so by the event attendee, or (c) such information was already known to me or is shared with me directly by the event attendee or by another party without restriction.  

    7. I represent and warrant that I am at least eighteen (18) years of age, have the full legal capacity to enter into this Agreement, and am physically capable of participating in the Event Activities. 

    8. I grant CR and its successors and assigns the irrevocable, worldwide and unrestricted right to film, photograph or otherwise record my appearance, name, voice and biographical data and any materials provided by me in connection with the Event Activities (my “participation”) and to edit, produce and distribute the same in perpetuity in any materials in any format and in any media, whether now known or later developed, in connection with any purpose that advances CR’s mission, as CR may determine and without compensation to me.  I hereby release the Released Parties, and their licensees from any claims of rights of privacy or publicity, false light, libel or defamation.

    9. Compliance with CR Policies.
      1. (a)  No-Commercial Use Policy.  Without CR’s prior written consent, I will not use or authorize any third party to use CR’s or its affiliates’ names, ratings, trademarks (including Consumer Reports and Consumers Union) or the relationship established by this Agreement (i) in any form of advertising, marketing or promotion; (ii) in any manner that may be construed as an endorsement by CR or its affiliates; or (iii) in any way that is inconsistent with CR’s No Commercial Use Policy located at http://www.consumerreports.org/cro/about-us/no-commercial-use-policy/index.htm (or any successor URL).  This provision shall not prohibit me from accurately characterizing myself as a Consumer Reports host/organizer for applicable Event Activities.

      2. (b)  No Harassment.  I agree to treat all CR employees, volunteers and Event participants with respect and not engage in conduct that is (i) based on the recipient’s gender, race, national origin, religion, age, disability and/or sexual orientation, or (ii) is offensive or objectionable to the recipient.  Such prohibited conduct includes but is not limited to derogatory or suggestive comments, slurs or gestures, offensive email, voicemail or text messages, and/or unwelcome touching or propositions.

      3. (c)  Conflict of Interest. I represent and warrant that I have disclosed in writing to CR any affiliation I have, to my knowledge, with any CR Board members, employees or officers, and that I do not have any direct or indirect financial or commercial interest in any products or services that are the subject of the Event Activities (or that may be related to the subject of the Event Activities) which conflicts in any way with my ability to fulfill my responsibilities as a host/organizer of the Event Activities in an objective and unbiased manner.

    10. This Agreement constitutes the entire agreement between CR and me with respect to its subject matter, supersedes all prior understandings between us regarding its subject matter and may only be modified in a writing signed by both parties.  This Agreement shall be binding on my heirs, assigns and legal representatives. A waiver of any term or condition or breach of this Agreement must be in writing and no waiver of any term or condition or any breach should be deemed a waiver of any other term or condition or breach.  If any provision or portion of this Agreement is held to be void or unenforceable, the remaining provisions of this Agreement and the remaining portion of any provision held void or unenforceable in part shall continue in full force and effect.

    11. Nothing in this Agreement shall be construed to constitute CR and me as joint venturers, partners or agents of one another, nor is either of us authorized to bind the other except as may be authorized by a party in writing in advance.

    12. New York law governs this Agreement, regardless of its conflicts rules, and any claim, dispute, action or proceeding relating to this Agreement shall be brought exclusively in the applicable state and federal courts in the State and County of New York.  I expressly consent to personal jurisdiction and venue in any of those courts and will not object to such jurisdiction on the grounds of inconvenient forum or otherwise.

 

 

 

AS STATED ABOVE, BY COMPLETING THE ONLINE REGISTRATION PROCESS TO ORGANIZE AND HOST AN EVENT ACTIVITY AND BY CLICKING “SAVE & POST” AT THE BOTTOM OF THE EVENT REGISTRATION FORM, YOU AGREE TO THE TERMS SET FORTH ABOVE.