June 22, 2023
TRAVEL & ENTERTAINMENT PARTICIPATION AGREEMENT
Ferguson Enterprises, LLC and its subsidiaries and affiliates (collectively, “Ferguson”) welcomes the opportunity to reward its associates, suppliers and customers with attendance at meetings, events and trips (individually, the “Event” and collectively, the “Events”). This Travel & Entertainment Participation Agreement (this “Agreement”) is intended to assure a safe and pleasurable experience for all persons attending, hosting and working at such Events, and sets forth the terms, conditions and responsibilities of Ferguson’s specifically invited associates’, suppliers’ and customers’ (“Guests”) participation at such Events.
In consideration of my being permitted to participate in an Event sponsored by Ferguson, I acknowledge and agree that my participation in such Event is entirely voluntary, and I further understand and agree to the following terms and conditions:
CODE OF CONDUCT
Ferguson does not tolerate disruptive behavior of any sort and will take action if we see Guests acting in a dangerous or disruptive manner. The type of action taken may include the following: a quiet but stern word in private; forcible ejection from the Event; termination of employment; and/or criminal charges.
The types of occurrences that may trigger such actions include (but are not limited to):
- Failure to abide by the terms of this Agreement
- Failure to follow any Event specific participation guidelines
- Failure to follow safety rules or warnings
- Acts or threats of violence
- Threatening or offensive behavior (fake or real)
- Engaging in unlawful conduct
- Over-consumption of alcohol or being in a state of inebriation which results in offensive or dangerous behavior: Visibly inebriated persons will be escorted back to their room or off the premises at the discretion of the events team or Ferguson Senior Associate attending the Event. In some cases, the property (i.e. hotel, off-site venue, etc.) also reserves the right to escort our Guests off the premises and request that they not return for the safety and security of their other guests.
- Harassment of any kind (sexual or non-sexual): Harassment is unwelcome conduct that unreasonably interferes with an individual’s ability to attend, enjoy or perform their duties at the Event by creating an intimidating, threatening, unsafe, hostile, or abusive environment. Harassment can be aimed toward anyone – another guest on the trip, on-site staff (Ferguson or hotel/venue staff), etc. Harassment includes (but is in not limited to):
- Touching individual(s) sexually or non-sexually without their express consent
- Intimidating or threatening individual(s) to socialize with you or becoming physically involved with you
- Repeatedly violating another’s personal space
- Repeatedly making unwelcome sexually suggestive gestures or comments
- Stalking or following other individual(s) without consent
- Photographing or recording individual(s) without their express consent
- Degrading other individuals
- Use of illegal substances
PHYSICAL CONDITION/MEDICAL AUTHORIZATION:
I hereby certify that I am in good health and physically fit for participation in the Event, that I have the skill level required to participate in the Event, and that I have no physical limitations which would preclude my participation in the Event. I further agree to abide by any applicable health and safety guidelines and requirements instituted by Ferguson, its Event vendors or any public health authority applicable to my participation in the Event, including providing all necessary health certifications deemed necessary or appropriate. I authorize any emergency first aid, medication, medical treatment or surgery deemed necessary by the attending medical personnel if I am not able to act on my own behalf. I understand that Ferguson has not arranged and does not carry any insurance of any kind for my benefit and, accordingly, I authorize medical treatment for me at my cost if the need arises. Notwithstanding the foregoing, I acknowledge that the Released Parties shall have no duty, obligation or liability arising out of the provision of, or the failure to provide, medical treatment.
I hereby grant to Ferguson the absolute and irrevocable right and permission to use all photographs, images, video or audio recordings of me made by or on behalf of Ferguson during the Event, in their current form or as retouched, digitized, cropped, altered, or modified in any way, in any and all advertising, promotional or other materials, in any media whatsoever, for any and all purposes, including by way of example but without limitation advertising, promoting or publicizing the Event and Ferguson’s products and services, in perpetuity and without additional compensation.
UNINVITED GUEST POLICY:
The Event is designed to provide a unique venue and opportunity for Ferguson’s Guests to build relationships and strengthen their business partnerships. The presence of additional family members or friends creates added distractions that can diminish from the overall experience, which is to foster stronger business partnerships. Further, uninvited friends or family members were not considered when making Event arrangements, and therefore, are not allowed to utilize services provided by Ferguson for the Event. ACCORDINGLY, NO UNINVITED GUESTS ARE TO ACCOMPANY FERGUSON’S SPECIFICALLY INVITED GUEST(S) ON OR DURING THE EVENT. I understand and agree to comply with the foregoing Uninvited Guest Policy.
ASSUMPTION OF RISKS:
I understand that my participation in the Event involves certain inherent risks, including but not limited to physical injury, illness, permanent disability, death, economic loss and property damage (collectively, “Risks”). I understand that these Risks may result from the actions, inactions or negligence of myself and others, and/or from the condition of any property, facilities or equipment used, including those operated or provided by third parties for which Ferguson does not accept, and hereby disclaims, any responsibility. I also understand that there may be Risks involved which are not known to me at the time of the Event. Nevertheless, I hereby agree to assume and accept responsibility for all Risks, known and unknow, arising from or in connection with my participation in the Event, including without limitation those enumerated above.
RELEASE OF LIABILITY AND INDEMNITY:
I hereby agree to release, discharge, indemnify, and hold harmless, on behalf of myself, my guests, heirs, personal representatives, executors, administrators, successor and assigns (collectively, the “Releasing Parties”), and HEREBY DO FOREVER RELEASE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS, Ferguson and its officers, directors, members, employees and agents (collectively, the “Released Parties”) from any and all causes of action, claims, demands, liabilities, costs and expenses (including attorneys’ fees) of any nature whatsoever, whether arising in tort, contract or strict liability, which the Releasing Parties may now have, or have in the future against the Released Parties, arising from or in connection with my participation in the Event or otherwise on account of the Risks assumed above, excepting solely due to the Released Parties’ own gross negligence or willful misconduct.
SPECIFIC EVENT TERMS:
In addition to the terms and conditions set forth in this Agreement, I have read and hereby agree to any additional requirements, rules and regulations of the specific Event I am participating in which have been provided to me in writing by Ferguson (collectively, the “Specific Event Provisions”). The Specific Event Provisions (if any) are hereby incorporated in this Agreement by reference as if fully set forth herein.
This Agreement represents the final agreement between Ferguson and the undersigned Guest with respect to participating in the Event and shall not be amended or modified except in writing signed by or electronically consented to by the affected party. This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia. This Agreement is intended to be construed as broadly as permitted by such laws and in the event any provision of this Agreement is held to be wholly invalid or void by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect any other provision of this Agreement. This Agreement may be delivered by paper copy, facsimile, PDF or other electronic method, and I hereby acknowledge and agree that my electronic consent shall be treated and have the same force and effect as delivery of an original Agreement with a manual signature.
CONSENT AND ACCEPTANCE:
I affirm that I am freely consenting to this Agreement on behalf of myself and my registered guest (if any). I have read this Agreement and fully understand that by consenting to this Agreement and participating in the Event I am giving up certain legal rights and remedies.