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TESTING FESTIVAL 2021 AGREEMENT

THIS TESTING FESTIVAL 2021 AGREEMENT (the “Agreement”) outlines the terms and conditions under which BLACK & WHITE ZEBRA INDUSTRIES INC. (the “Company”) agrees to accept your (the “Participant”) registration and participation in the Company’s Testing Festival 2021 virtual summit (the “Summit”).

IN CONSIDERATION of the Company accepting the Participant’s involvement in the Summit, the Participant hereby freely and voluntarily agrees to the following terms:

  1.       PARTICIPANT’S WARRANTIES.  The Participant hereby represents and warrants to the Company that: (a) the Participant has full capacity and authority to enter into and perform its obligations under this Agreement; and (b) any content created by the Participant, including but not limited to documents, video and audio, provided to the Company in connection with the Summit (collectively, the “Content”) does not infringe any third party’s right of privacy, copyright, trademark or other intellectual property right (collectively, “Intellectual Property Rights”) or any applicable laws.
  2.       OWNERSHIP OF CONTENT. The Participant hereby irrevocably grants to the Company all right, title and interest throughout the world in and to the Content, including the Intellectual Property Rights therein.  The Participant irrevocably and unconditionally waives all moral rights that the Participant may now have or may in the future have relating to the Content. The Participant irrevocably consents to the Company’s use of the Content in any manner whatsoever relating to the Summit. The Participant grants all rights in this Section without charge, compensation or otherwise. The Participant will, upon reasonable request of the Company, execute such documents and perform such acts as may be necessary to give full effect to the terms of this Agreement.
  3.       USE OF PARTICIPANT’S LIKENESS. The Participant hereby grants a worldwide, non-exclusive, transferrable, sub-licensable license to the Company to use, display, integrate, communicate and commercialize the Participant’s image, likeness, name, voice, sounds and other identifying characteristics (the “Participant’s Likeness”) in connection with the Summit and as necessary to use the Content and exercise its rights relating thereto. The Participant hereby agrees that the Company may edit, cut, alter, rearrange, adapt or otherwise revise the Participant’s Likeness for any purpose whatsoever in connection with the Summit and as necessary to use the Content and exercise its rights relating thereto. The Participant grants all rights in this Section without charge, compensation or otherwise.
  4.       COMPANY MATERIAL. The Company is and will be the sole and exclusive owner of all right, title and interest throughout the world in and to: (i) all Company documents, materials, websites and digital platforms whether created prior to or during the Summit (the “Company Material”), (ii) the Content, and (iii) financial proceeds of the Summit, including without limitation, any participation, attendance or subscription fees.
  5.       INDEMNIFICATION & RELEASE.  The Participant understands and agrees that the Company provides no representations, warranties or guarantees whatsoever, either expressed or implied, by fact or law, relating to the Content or the Participant’s engagement in the Summit, and that the Participant solely accepts any and all risks and liabilities relating to same. To the extent permitted by law, the Participant hereby agrees to release and waive any and all claims and/or liability against the Company arising from, or in connection with, the Content or Summit. The Participant agrees to defend, indemnify and hold harmless the Company, its officers, directors, employees and third party licensors (the “Released Parties”), from and against any and all claims, damages, obligations, losses, liabilities, (including reasonable attorney’s fees) arising from: (i) the Participant’s violation of any term of this Agreement; or (ii) the Participant’s violation of any third party right, including without limitation any copyright, property, or privacy right.
  6.       LIMITATION OF LIABILITY. Under no circumstances, will the Released Parties be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the Participant’s engagement in the Summit, access of, use or inability to use Company Material, including without limitation, use of the Summit or reliance on information, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other failure of performance. In any event, the Company’s maximum liability to the Participant in connection with this Agreement and the Summit will be the amount paid by the Participant to the Company to participate in the most recent Summit. 
  7.       PERSONAL DATA. When registering for the Summit, the Participant will be asked to provide the Company with certain personally identifiable information that can be used to contact or identify the Participant (“Personal Data”). Personally identifiable information may include, but is not limited to: email address, first name and last name, and cookies and usage data. The Company and the Summit Sponsors may use the Personal Data to contact the Participant with newsletters, marketing or promotional materials and other information that may be of interest. The Participant may opt out of receiving any, or all, of these communications from the Company and/or Sponsors by following the unsubscribe link or the instructions provided in any email that is sent.
  8.       GENERAL. This Agreement is governed by the laws of British Columbia and the laws of Canada applicable therein. No modification, amendment, supplement or waiver of any provision of this Agreement will be effective unless made in writing and signed by both parties. The parties are independent contractors and neither will be deemed to be an employee, agent, partner, or joint venture of the other for any purpose. The Company may assign its rights under this Agreement at any time, without notice to the Participant. If any part of this Agreement is held to be invalid, illegal or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement represents the complete understanding between the parties regarding the subject matter herein. This Agreement will enure to the benefit of the Company and its successors and assigns, and will be binding upon the Participant and its successors, any legal and personal representatives, executors, trustees and administrators. All notices or other communication that the parties give each other in connection with this Agreement will be in writing and will be delivered by email to the recipient party’s email address.

THE TERMS AND CONDITIONS PROVIDED IN THIS AGREEMENT WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW AND FORM AN ESSENTIAL CONDITION FOR THE PARTICIPANT’S INVOLVEMENT IN THE SUMMIT.