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This Participant Agreement and Release (“Release”) sets forth the terms under which Meta Platforms, Inc. and its affiliates, agents and licensees (“Meta”) invite Horizon creators (“You” or “Your”) to attend the September 24, 2024 Meta Horizon Creator summit a day before Meta’s 2024 Connect conference (the “Services”), at Meta's facilities located at Burlingame (the “Event”). This Release is effective as of Wednesday, August 7, 2024 (“Effective Date”).
- Meta Horizon Creator Summit. The Meta team is hosting a summit for highly valued creators contributing to Horizon Worlds. These creators will have a unique opportunity to connect with other creators, connect with people at Meta, and learn more about what’s happening with Horizon Worlds through a variety of in-person activations. This event is happening on September 24, 2024, a day before Connect, which You will have to register for separately. You will be required to travel to Burlingame, California, USA, to attend the summit in-person.
- Eligibility. This Meta Horizon Creator summit is open only to individuals who are: (i) at least eighteen (18) years of age and the age of majority in their jurisdiction of residence; (ii) receive an email invitation from Meta to register; (iii) maintain Meta accounts for Horizon Worlds that are in good standing; (iv) are willing and able to obtain a visa on their own (if necessary) and travel to Burlingame, California, USA to attend the summit in-person; and (iv) agree to the terms in this Release.
- Fees and Expenses. Meta will provide flight and hotel accommodations from September 23, 2024 to September 27, 2024 to enable You to attend the Meta Horizon Creator summit and attend the Connect summit. A Meta approved third party vendor van de Poel Productions/ALTOUR working with the Meta Horizon Creator Programs team will contact You directly after You confirm registration for the summit. Meta will only provide flight and hotel accommodations per the policies set forth by the third party vendor.
Visa and travel requirements are Your responsibilities and will not be covered or be reimbursed by Meta. Meta will not cover expenses for ground transportation, food, or entertainment. Meta may, at Meta’s discretion, provide food, or vouchers for rideshare, or make buses/shuttles available to convene summit attendees within the event locations during the Event. Aside from the flight and hotel accommodations booked via the third party vendor, You shall not be entitled to reimbursements of any other expenses or other compensation types for your travel. You will separately be responsible on your own for registering and/or paying for any Connect-related fees.
- Event Participation. You agree to participate in the Event mutually agreed upon between You and Meta. You agree to coordinate the details of the Services and the Event with Meta in order to achieve the outcomes requested by Meta and You are solely responsible for the content of the Services. Meta may duplicate and distribute any materials provided by You in connection with the Services. Meta will provide room set up and audiovisual equipment set up as Meta deems appropriate for the Event. Meta may record and/or stream the Services and display, perform, distribute and/or edit the recording or portions thereof as it sees fit in Meta’s sole discretion. Meta may use Your name, avatar, voice, likeness, biographical information and other indicia of Your identity and materials as captured by the recording and any excerpts thereof for pre-publicity for the Event itself and any marketing directly related to the Event only. You indemnify and hold Meta harmless from and against any third-party claims, damages and liabilities arising out of the Services, including but not limited to any claim that the Services or other materials You provide infringe upon the intellectual property rights of a third party.
- Limitation of Liability. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE TERMS OF THIS SECTION SHALL NOT APPLY TO OR WAIVE ANY DAMAGES ARISING OUT OF, OR RELATED TO, BREACH OF YOUR INDEMNIFICATION OBLIGATIONS OR BREACH OF ANY OF YOUR CONFIDENTIALITY OBLIGATIONS.
- General. You acknowledge that You are engaged as an independent contractor and nothing herein shall be construed as an agency, partnership or joint enterprise. All confidential and/or proprietary information provided by Meta to You shall be kept confidential, except as required by law. This Release (i) is not subject to any guild or other collective bargaining agreement, (ii) will be binding upon and will inure to the benefit of the parties’ successors, and (iii) will be governed by the laws of California (excluding its conflict of laws rules). In the event of a dispute, the parties consent to the exclusive jurisdiction of the state courts located in San Mateo County, California and federal courts located in the Northern District of California. This Release constitutes the parties’ complete agreement on the subject matter hereof and supersedes all prior understandings, agreements and discussions. It may only be modified in writing signed by both parties. No provision of this Release will be waived by any act, omission or knowledge of a party or its agents or employees except specifically in a writing signed by the waiving party. If any provision(s) of this Release is held unenforceable, this Release will continue in full force and effect without that provision and the parties will negotiate in good faith to amend this Release to reflect the original intent of the parties.
- Data Protection. Meta may collect Your personal data in the form of Your personal details (including Your name, address, etc.) and where relevant, sensitive personal data You provide and visual and/or audio recordings and still images of You in connection with the Services and any related content. You hereby acknowledge that Meta requires and will process such data as necessary for the performance of this Release. This may include sharing this data with Meta companies and its production partners. Meta may store Your data until it is no longer necessary for the purposes for which it has been collected. For more information on the foregoing, including Your data rights (such as requests to access, correct or object to certain processing activities), You may visit the Meta Data Policy or contact Meta, and if You are a California resident, You may visit the Meta California Privacy Notice.
- Cancellation. In the event that You cancel or are unable to attend the Event as set forth herein, You shall refund to Meta all Fees and expenses paid in advance by Meta and/or you would forfeit the flight and hotel accommodations provided by Meta.