Optima Terms and Conditions
Please review these Terms & Conditions (the “Terms”) before registering for Optima 2021 Conference (“Optima”), as they are a legally binding agreement between you (“You”, “your”) and the National Academy of Sports Medicine a division of Assessment Technologies Institute, LLC, a U.S.-based company with its principal place of business located at 355 E. Germann Road, Suite 201, Gilbert, AZ, 85287, USA.
These terms govern your participation at Optima and represent the entire understanding between you and NASM regarding your participation at Optima. Unless otherwise noted, the term “NASM” as used herein includes its sister-brand, Athletics and Fitness Association of America (AFAA). “Affiliates” means a corporation, partnership, limited liability company or other entity that has some common ownership with NASM. "Partner" means a corporation, partnership, Limited Liability Company or other entity that has a business relationship with NASM.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through NASM or Optima public message boards or in blogs concerning or discussing Optima, this information may be collected and used by others. We use administrative, technical and physical safeguards to protect the security of your Personal Information from unauthorized disclosure. We take reasonable security measures to secure your personal information against unauthorized access, loss, use, disclosure, or alteration by third parties. Despite our efforts, we cannot guarantee the security of your Personal Information during its transmission or its storage in our systems. No method of transmitting or storing electronic information is ever completely secure. We make no warranty, express, implied, or otherwise, that your information will never be accessed, used or released in a manner that is inconsistent with this policy. We are not responsible for any damages or liabilities relating to any security incidents, and we disclaim all representations and warranties regarding such matters to the fullest extent permitted by law. Where required under law, we will notify you of any loss, misuse or alteration of personal information that may affect you so that you can take the appropriate actions for the due protection of your rights. We review our security procedures periodically to consider appropriate new technology and updated methods. If information is transmitted to us using a means that is outside our systems, or if you transmit information to a third party, we cannot guarantee the security of information during transmission. Any such unsecured transmission is at your own risk. We recommend that you use appropriate security measures to protect your information. As previously noted, NASM is a U.S.-based company. Information collected by NASM is stored and maintained in the United States. NASM has Privacy Shield certification and adheres to the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement (hereinafter, “Privacy Shield Principles”) for the personal data of users of our services residing in the European Union, European Economic Area and Switzerland.
Image Consent and Release, during Optima, NASM may photograph, film, video capture or audio capture some or all of the event, including virtual events, and it is possible that you will be filmed, taped or recorded. BY REGISTERING FOR AND ATTENDING OPTIMA, YOU AGREE TO THESE CONDITIONS: (a) NASM may, but need not, photograph, film, video capture or audio capture you or your virtual image in connection with the event; (b) NASM will own such photograph, film, video capture or audio capture, and further that NASM may use any such film, tape or recording as it sees fit, in any and all media, for any purpose, including for any and all commercial or noncommercial purposes such as advertising, promoting, selling, and otherwise merchandising for future events, without payment of any kind to you and without further notice to you or permission from you; (c) You understand that NASM and its licensees shall own all right, title and interest in any photographs, films, video capture and/or audio capture taken at the Optima by NASM or by photographers, videographers, and the like commissioned by NASM for the purpose of advertising future events or otherwise as NASM shall reasonably determine; and (d) You understand that photographs may be released to the news media that are reporting on the event. You release and discharge NASM, its employees, agents, licensees, successors and assigns from any and all claims, demands or causes of actions that you may have or may hereafter have for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or trademark, or violation of any other right arising out of or relating to any utilization of any photographs, films, video capture and/or audio capture taken at the Optima by NASM. IF YOU DO NOT AGREE TO THE ABOVE CONDITIONS, DO NOT REGISTER FOR OR ATTEND OPTIMA.
IP Rights. “NASM Materials” include NASM products and services, such as the content of its publications and its exams, its patents, copyrights, trademarks, service marks, trade names, logos, trade dress, content, curriculum assets, exams, reports, know-how and other intellectual property owned or licensed by NASM or its Affiliates, now and in the future, are deemed "NASM IP Rights" and shall remain the property of NASM. You understand and agree that NASM Materials constitute intellectual property and proprietary material that is owned by NASM, its Affiliates, or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by NASM and its licensors. NASM, its Affiliates and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos. You may not copy, distribute, enter into a database, display, perform, create derivative works, transmit or otherwise use any NASM Materials without express written permission. All NASM Materials that are provided to you are provided only for your own personal, non-commercial use. You may not alter the text or remove any trademark or other notice displayed on the NASM Materials. All rights are reserved. Materials displayed, distributed or provided by speakers, exhibitors or sponsors also may be considered the intellectual property of those parties. Such intellectual property rights should be respected and failure to do so may put you in legal jeopardy. NASM is not responsible for any infringement activity by others that may occur by attendees or that arises in connection with Optima.
Consent and Waiver of Liability. You are invited to participate in workshops, workout sessions and organized exercises, try out fitness equipment, and engage in other physical activities while attending Optima (“Physical Activities”). If you choose to participate in any Physical Activities while attending Optima, you do so at your own risk and you acknowledge the following and you agree to release and hold harmless NASM, its corporate parents and their affiliates and subsidiaries, and the officers, directors, employees, agents and representatives of each of these entities and any volunteers participating on behalf of NASM at Optima, from any and all injury you might incur through Physical Activities: (a) You are, at all times, responsible for your safety; (b) You are aware that some of the fitness equipment that you may be introduced to is new, prototypes or experimental and that your use of such equipment is at your own risk; (c) You understand that you should always review the instructions and recommendations of the manufacturer of any exercise equipment before use, even equipment that appears in any of NASM’s products, as the manufacturer’s instructions and recommendations may have changed since the publication of our product.; (d) You acknowledge that any and all participation by you in any Physical Activities while attending Optima, whether in workshops or elsewhere on the grounds, is voluntary; and (e) You agree that the decision to participate in any Physical Activities while attending Optima is solely your decision and that if you are currently taking medication, have any physical ailment or disability, or are otherwise not in excellent physical condition suitable for participation in any Physical Activity offered at Optima, you acknowledge that your participation could be injurious to you, that you should seek medical advice regarding these matters BEFORE participating in such Physical Activities and NASM hereby advises you not to participate in any Physical Activities while attending Optima.
Press Attendance. Members of the press may attend Optima or otherwise seek comments about Optima. Your communications with the press, if any, is solely voluntary. NASM is not responsible for any comments made by others to the press.
Refund Policy. Full refunds are available by written request submitted to [email protected] or by calling NASM Member Services at 1 (800) 460-6276, option 2, on or before September 15, 2021. After September 15, no refund requests will be accepted and no refunds provided.