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THUZIO EXECUTIVE CLUB MEMBERSHIP AGREEMENT


EXCLUSIVE ACCESS.

As a Club Member, you will receive access to exclusive Thuzio Executive Club events.

EVENT PASSES.

Each Club Member has the ability to purchase at minimum one “Pass Pack”. A Pass Pack includes a designated quantity of Premiere Event passes (each, a “Premiere Pass”), and access to TECX events. A Premiere Pass entitles access to one Club Premiere Event.

TRANSFERABILITY.

You may only transfer Passes to, or allow the use of Passes by employees of your business who we approve in advance (“Permitted Transferees”). Thuzio must be notified of any desired Pass transfer within no less than 24 hours of the event. Thuzio may restrict Pass transfers for certain Club events from time to time.

RESERVATIONS.

Once you submit payment for your initial Pass Pack, you will receive the Premiere Event and TECX Event invitations we regularly distribute to our Member base. To reserve seats for such events, you must RSVP “YES” (along with the names of the attendees) to these invitations. Alternatively, you may browse our event listings on club.thuzio.com and submit a reservation request to executiveclub@thuzio.com with the name and date of the event, and the names of your attendees. Within 24 hours of your reservation requests, you will receive a written response either confirming your reservation or indicating that the Club event is oversubscribed.

CANCELATIONS.

Once you have successfully reserved seats for a Club Event, you have until 72 hours prior to the time of the Club event to cancel your reservation and preserve your Pass for future events. If you cancel your Club event seats within less than 72 hours of the Club event, you will forfeit your Pass unless we are able accommodate other Members and guests with your vacated seats.

CREDITS; REFUNDS; EXPIRATIONS.

Passes are non-refundable and expire one (1) year after purchase.

REPRESENTATIONS & COVENANTS.

You hereby agree as follows:

1. Refusal to Sell; Pass Forfeitures. You acknowledge that Thuzio may refuse to sell Pass Packs to you without reason, and invalidate your Passes if you improperly transfer a Pass to an unauthorized transferee.

2. Indemnification. You agree to indemnify, defend and hold harmless Thuzio and Thuzio’s officers, directors, employees, affiliates, agents, successors and assigns (hereinafter referred to as “Releasees”) from and against any losses, liabilities, damages, claims, demands, rights of action or costs arising out of or resulting from your or your attendee(s)’ participation in a Club event, or any related activity, whether caused by negligence or otherwise.

3. Release & Waiver. You hereby release, waive, discharge and agree not to sue Thuzio or its Releasees from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any losses, damages, or injuries, that may be sustained by you, by any third parties or to any of the property belonging to you, whether caused by the negligence of the Releasees, or otherwise, arising out of or connected to your membership.

4. Assumption of Risk. You voluntarily assume full responsibility for any risks of loss, property damage or personal injury that may be sustained by you, your invitees, guests or agents, or any loss or damage to property owned by you, your invitees, guests or agents, as a result of participating in a Club event, whether caused by the negligence of the Releasees or otherwise.

5. Successors. It is your express intent that this Agreement bind the members of your family and spouse, and if you are deceased, your heirs, assigns and personal representatives, and shall be deemed as a release, waiver, discharge and covenant not to sue the above-named Releasees.

MISCELANEOUS TERMS & CONDITIONS.

1. Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

2. Entire Agreement; Amendments; Waiver. This Agreement constitutes the sole and entire agreement between you and Thuzio with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. No amendment to or modification or waiver of this Agreement in whole or in part is effective unless it is in writing and signed by an authorized representative of each party to this Agreement.

3. Governing Law. This Agreement and any claim, controversy or dispute arising under or related to this Agreement shall be governed by the laws of the State of New York without regard to its conflict of law principles.

4. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together is deemed to be one and the same agreement. A signed copy of this Agreement delivered in PDF format by e-mail or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

5. Notices. All notices and other communications given or made pursuant to this Agreement shall be in writing and shall be deemed effectively given when sent by confirmed electronic mail if sent during normal business hours of the recipient, and if not so confirmed, then on the next business day. All communications shall be sent (1) if to the Member, to the address first set forth above, and if to Thuzio, to Executive@thuzio.com, or (2) at such other place as may be designated by each party pursuant to this Section 5.

6. Assignment. Neither Member nor Thuzio may assign, transfer or delegate any or all of its rights or obligations under this Agreement, without the prior written consent of the other party; provided, however, that Thuzio may assign this Agreement to a successor-in-interest by consolidation, merger or operation of law or to a purchaser of all or substantially all of its assets. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.