Terms and Conditions Climate Week NYC 2024

Climate Week 2024

Terms and Conditions for Official Climate Week NYC Events

Last updated: 22 April 2024

These Terms and Conditions (“Terms”) apply to your registration for and running of an official Climate Week NYC event by you as part of and in affiliation with Climate Week NYC (“Your Event”).

If accepted by us, your application for Your Event to become an Official Climate Week NYC Event, together with these Terms, shall form an “Official Climate Week NYC Event Agreement”. It may also be referred to as this “Agreement”.

Who we are

Climate Group UK refers to THE CLIMATE CHANGE ORGANIZATION, a registered charity trading as “The Climate Group”, which is incorporated and registered in England and Wales with registered company number 04964424. Climate Group UK owns and controls the Commercial Rights.

Climate Group US refers to CLIMATE GROUP INC. (a 501 (c) (3) Delaware corporation, whose registered office is at 145 W 58th Street, 2A, New York, NY 10019 United States), which is Climate Group UK’s affiliate. Climate Group US co-ordinates Climate Week NYC.

References to Climate Group, we or us in these Terms refer to either or both Climate Group UK and Climate Group US, as applicable in the context.

Other Definitions used in these Terms

Climate Week NYC: the series of events collectively entitled Climate Week NYC 2024, which are scheduled to take place between 22-29 September 2024 in New York City.

Climate Group NYC Marks: the designation "Official Climate Week NYC 2024 Event" and such other designations or trademarks to be used for promotion, advertising and marketing of Climate Week NYC, as provided by us to you, together with any associated artwork, design, slogan, or text and other collateral marketing signs of Climate Group that are expressly permitted to be used in connection with Climate Week NYC or Your Event.

Climate Week NYC Marks Guidelines: Climate Group's technical and user guidelines for the Climate Week NYC Marks, as may be updated by Climate Group from time to time.

Commercial Rights: all rights of a commercial nature connected with Climate Week NYC, including without limitation, image rights, broadcasting rights, new media rights, endorsement and official supplier rights, sponsorship rights, merchandising rights, licensing rights, advertising rights and hospitality rights.

Intellectual Property or IP means intellectual property of any description including but not limited to all patents, utility models, rights to inventions, supplementary protection certificates, copyright and neighboring and related rights, moral rights, trademarks and service marks, logos business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for, and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

License means a non-exclusive, non-transferable, non-sublicensable, non-commercial right and license.

Your Marks: your pre-existing logos and trademarks, together with any accompanying artwork, design, slogan, text and other collateral marketing signs.

Your Climate Week NYC Materials: any advertising or promotional materials or products produced by or on behalf of you, which associate you or your products to Climate Week NYC, or which incorporate or are distributed in association with Climate Week NYC Marks.

Term

The term of this Agreement (the Term) starts when we confirm the registration of Your Event and ends on 31 December 2024, unless terminated earlier.

Registration

To register Your Event as an Official Climate Week NYC Event, you must both complete the applicable registration process and pay the Registration Fee. Acceptance of registration is entirely at Climate Group’s discretion, and we may choose to deny registration for any reason whatsoever without having to give an explanation. To make sure that Climate Week 2024 is successful, we required that all events organized under the flag of Climate Week NYC Events must, at a minimum:

be solution focused;
support the acceleration of the transition to net zero and the reduction of carbon emissions; and

in Climate Group’s view, enhance the reputation of Climate Week NYC.

Registration Fee

The Registration Fee is the one-off amount that you will pay to the Climate Group.

Payment is due when we accept your application, but your registration is not confirmed until you’ve paid. If we accept your application, we will send you an email confirming the relevant Registration Fee and a link to the online payment method.

Standard Registration Fee – for registrations accepted from April 29 through August 17, 2024.

Standard fee: $600.
NGO/non-profit: $0 fee, but donation requested;
Sponsors and approved partners: $0 fee, but donation requested.

Late Registration Fee – for registrations accepted from August 18 through September 8 2024.

Late registration fee: $1200.
Late registration NGO/non-profit fee: $300 fee.
Late registration Sponsors and approved partners: $0 fee, but donation requested.

From September 8, submissions close. Exclusions to this are considered on a case-by-case basis and cannot be guaranteed.

Your obligations

You agree and undertake that you will:

Promotion: Support Climate Week NYC through appropriate marketing and promotional channels, and to work with us on any joint promotion. Your promotion includes referring to Climate Week NYC in your newsletter, blog, Facebook, Twitter, and other social media or equivalent.
Your Climate Week NYC Materials: Send us pre-production samples of Your Climate Week NYC Materials, for our review and approval (not to be unreasonably withheld), and make sure any materials used match samples approved by us.
Your Event: Be wholly responsible for Your Event and use of Your Climate Week NYC Materials, including all costs and expenses. Affiliate events are expected to enhance the overall reputation of Climate Week NYC. You will also provide to Climate Group timely access to, and permission to reproduce and publish through our own media, selected images and videos taken of any event organized in connection with Climate Week NYC.
Instructions: Comply with instructions or directions issued by us, including any codes of conduct, and make sure you include all legal or good practice notices we request (for example, copyright notices).
Standards: Make sure Your Event and your use of the Climate Week NYC Marks comply with the highest standards of business ethics, including relating to child or prison labor.
Assistance: provide all reasonable assistance to Climate Group that we may need to protect or use the Climate Week NYC Marks or our Commercial Rights. You will notify Climate Group of any suspected IP infringement but not take any steps or action in relation to this suspected infringement, unless we permit or ask you to.

Prohibitions

You must not:

use or exploit any of the Commercial Rights in any way, other than the limited License granted to you under these Terms;
circulate or use any Your Climate Week NYC Materials that have not been approved by us or do not comply with the Climate Week NYC Marks Guidelines or these terms and conditions;
use Climate Week NYC Marks or any part of them or anything confusingly similar to them in your trading or corporate name or otherwise, or hold yourself out to any third party as the owner or controller of the Commercial Rights or any rights in Climate Week NYC Marks;
do or allow anything that might prejudice or adversely affect (or has a reasonable potential to prejudice or harm) any of the Commercial Rights and/or Climate Week NYC Marks and/or Climate Group's title to any of our IP, and/or the image or reputation of Climate Week NYC and/or Climate Group, or to bring any of them into disrepute.

Your Information

Personal data: If you send us any contact details or personal data as part of your registration or this Agreement, we will handle personal data in accordance with our Privacy Notice (Privacy policy | Climate Group (theclimategroup.org)). It is your responsibility to make sure that you have the appropriate rights and consent to provide this information to us, and for us to use it as part of the promotion of Climate Week 2024 or Your Event. You acknowledge that we may make such personal data available to third parties such as Climate Week 2024 attendees as part of the Climate Week NYC 2024 program, app or in promotion of Your Event. You (and, subject to your obligations above, Climate Group) must comply with all applicable data protection and privacy laws that may apply to such information.

Photos: If you send us any images or photos (for example, as part of your registration), you represent that you have all rights and permissions needed and that nothing provided to us violates any IP rights of any person or entity, and that we are authorized to use them for the purposes of this Agreement. This also applies to any images or photos you provide to us of Your Event. You will make sure that any photographers or anyone in the photos or images have also consented to such use and, where relevant, waived moral rights.

Our grant to you

In consideration of the Registration Fee, we grant you a License to use, during the Term, the Climate Group NYC Marks as part of Your Climate Week NYC Materials solely to promote and advertise Your Event and your affiliation with Climate Week NYC. This license allows you to use the Climate Group NYC Marks on your website, social media platforms and in advertising of Your Event. You must always meet and follow the Climate Group NYC Brand Guidelines.

This is a non-commercial License only and, other than the License above, you are not allowed to exploit any of the Commercial Rights. The Climate Group NYC Marks may not be used to generate revenue or as a profit-making activity, other than indirectly through goodwill and positive reputation from your affiliation with Climate Week NYC.

Your grant to us

You grant Climate Group a worldwide License to use Your Marks as well as any images provided to us by you, for the purposes of providing our services to you as part of Climate Week NYC, to identify you as the organizer of Your Event or to announce Your Event in the Climate Week NYC on any official platform (including the Climate Group’s websites, social media platforms, and the Climate Week NYC app). This license applies both during the Term and afterwards, for reports or schedules produced about Climate Week NYC or in materials used to promote future Climate Weeks or other Climate Group events.

Climate Group has sole editorial control and approval over all aspects of Climate Week NYC and the official platforms, including control of how we include any materials provided by you to us.

Intellectual Property

Our Intellectual Property: We own, and will continue to own, all IP in the Climate Group’s Marks. You shall not acquire any rights in the Climate Group’s Marks from this Agreement. Climate Group is also the owner or controller of the Commercial Rights and of all rights in Climate Week NYC Marks. Any right not expressly granted to you under this agreement is reserved to Climate Group.

Your Intellectual Property: You own, and will continue to own, all IP in the Event Organizer's Marks. Climate Group shall not acquire any rights in the Event Organizer's Marks from this Agreement.

New IP: Any new IP in or created for or as part of Climate Week NYC (including during Your Event, if it uses any Climate Group IP) shall automatically belong to Climate Group. If such IP doesn’t transfer automatically to us, you will do what is needed to make sure that the IP is properly and fully assigned or transferred to us. This includes all IP either produced jointly or on behalf of us. This does not affect your ownership of Your Marks.

If any goodwill is generated for Climate Week NYC Marks, you will hold this goodwill as bare trustee for Climate Group and to assign it to us when this Agreement terminate or earlier on request.

Cancellation

Your Cancellation: You may cancel Your Event at any time but the Registration Fees are non-refundable. If you cancel Your Event, please let us know as soon as possible so that we can remove Your Event from the Climate Week NYC events program.

Cancellation by Us: Your registration is not confirmed until we have accepted it and you have paid the Registration Fee and we have the right to deny or cancel acceptance until this point. We also have the right to cancel Your Event if we reasonably believe that you have breached this Agreement or that Your Event no longer meets the criteria set out in ‘Registration’ above. If we cancel Your Event for some other reason (other than as expressly permitted in this Agreement) after you have paid the Registration Fee, we will issue you a refund in accordance with our refund policy.

We may convert Climate Week NYC into an online event at any time, without liability to you. In the unlikely event that we cancel Climate Week NYC entirely, we will discuss this with you at the time, but reserve the right to withdraw or limit the use of the Climate Week NYC Marks if we consider this necessary in the circumstances.

If either Your Event or this Agreement is cancelled, the sections entitled “Risk, Liability, and Indemnification,” “Confidentiality”, “Governing Law and Dispute Resolution,” and “Miscellaneous” will continue to apply.

Termination

The reputation of Climate Week NYC is of paramount importance to us. The Climate Group may immediately terminate this Agreement upon written notice if you have been associated with an activity which is criminal in nature, contrary to the Climate Group’s charitable objectives or which, in the opinion of the Climate Group, may damage the Climate Group’s brand or reputation or makes you unsuitable as an official affiliate of Climate Week NYC.

We may also terminate this Agreement upon written notice if:

we believe that you are no longer able to carry out your obligations or Your Event in accordance with these Terms or any material part of them;
you fail to pay any fees or commit any other material breach of this Agreement and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified by us to do so. However, this remedy period will be reduced to three days if we call upon you to remedy the breach after Climate Week NYC has begun or in the two-week period leading up to it; or
you breach any provisions relating to Anti-Bribery & Corruption or Intellectual Property in this Agreement or materially misuse the Intellectual Property of Climate Group or its affiliates.

You may terminate this Agreement if we commit a material breach of this Agreement and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified by you to do so.

Upon termination or expiry of this Agreement for any reason:

the right granted by us to you under this agreement shall immediately terminate and revert to us;
each Party shall immediately stop using any Intellectual Property of the other Party and you shall immediately stop using the Climate Group NYC Marks;
you will pay us any outstanding fees;
within 60 days you will return or (at Climate Group’s discretion) destroy, all Climate Week NYC materials (including Your Climate Week NYC Materials) in your possession or control; and
you will not use or exploit (directly or indirectly) your previous connection with Climate Group or Climate Week NYC.

Risk, Liability, and Indemnification

Assumption of Risk: You assume and knowingly take on all risk, liability, costs and expenses from Your Event and/or the use of the Climate Group NYC Marks and agree that you have considered the risks in Your Event and have taken all reasonable precautions required for Your Event including taking out appropriate insurance.

Limitation of Liability / Waiver:

OUR MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, CLIMATE WEEK NYC, AND YOUR EVENT, WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) AND THE EVENT REGISTRATION FEES PAID BY YOU TO CLIMATE GROUP, IF ANY. IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY KIND, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING NEGLIGENCE). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

To the maximum extent permitted by law, you (and anyone else who might make a claim on your behalf or as a result of death or injury) hereby release, waive, and discharge The Climate Group, our affiliates, partners, respective directors, officers, employees, contractors, representatives, volunteers, agents, successors, and assigns, from any and all claims, demands, causes of action, damages, losses, or expenses (“Claims”) that you may have now or in the future associated in any way with these Terms, any Intellectual Property, Climate Week NYC or Your Event, Climate Week NYC or any information, photos or images provided to us. You expressly acknowledge and agree that you have also waived all rights under any law, civil code and/or statutes.

Indemnity

You agree to indemnify and hold harmless Climate Group, our affiliates, partners, respective directors, officers, employees, contractors, representatives, volunteers, agents, successors, and assigns, including against Claims, costs, liabilities, expenses, and legal and other costs and fees (on full indemnity basis), made by any party at any time and from or arising out of or in connection with:

Your Event or any other event run by or organized by you;
actual or alleged infringement of Intellectual Property or moral rights arising from or connected to any use of the Your Marks;
any breach of this Agreement or any failure on your party, or any of your respective directors, officers, partners or employees, to reasonably fulfil your obligations under this Agreement; or
any Claim made against Climate Group arising out of or in connection with Your Climate Week NYC Materials. For the avoidance of doubt, any approval by Climate Group of any use of Climate Week NYC Marks on Your Climate Week Materials, relates only to the use of Climate Week NYC Marks and does not amount to approval of any of Your Climate Week NYC Materials and shall not affect this right of indemnification.

Force Majeure

Climate Group is not liable for any failure or delay in performance of our obligations under these Terms for anything caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic, terrorism, riots, or war.

Governing Law and Dispute Resolution

The governing law for this Agreement, including disputes or claims, shall be the laws of the State of New York, without giving effect to any choice or conflict of law provisions.

If there’s a conflict, the parties shall use all reasonable endeavors to reach an amicable resolution, including escalation to our respective CEOs (or equivalent). If that doesn’t solve the conflict, the relevant State of New York courts will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims). Each Party irrevocably and unconditionally waives its right to a trial by jury.

Service of process, summons, notice or other document shall be sent by mail to the Event Organizer’s address set out in the registration form or to Climate Group’s addresses set out above.

Confidentiality

If there is any information shared between us that is marked ‘confidential’ or ‘secret’ or is otherwise of a confidential nature (including, without limitation, any financial information) (collectively, “Confidential Information”), then the Parties agree to keep the confidentiality of such Confidential Information, and no party shall use such Confidential Information except to perform obligations under this Agreement. The Parties shall not disclose Confidential Information to anyone else except on a need-to-know basis: (a) to its employees and advisors, for the purposes of this Agreement; or (b) as required by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction.

Confidential information does not include information that (i) the other Party already had or obtains independently; or (ii) is publicly available, in each case other than as a result of a breach of this Agreement by the party who received the information.

Miscellaneous

No right of sub-license: The Event Organizer is not allowed to sub-license, assign or otherwise transfer any of the rights or obligations under this Agreement, without Climate Group's prior written consent.

Revisions: Climate Group may update these Terms at any time by posting a revised version on our website. By holding Your Event, you agree to be bound by the most recent Terms. You agree to check our website regularly for any revisions. If there are any major changes, we will try to bring this to your attention.

Severability and Waiver: If any provision in these Terms is invalid, illegal, or unenforceable, that provision shall be deemed removed to the extent necessary, but the rest of the Terms will remain in full force and effect.

Entire Agreement: The Agreement states the entire agreement between you and us, and replaces any prior agreement or discussions. Where these Terms include links to other document, they are included by reference.

Compliance with Laws; Anti-Bribery and Corruption: Each party will, at all times, comply with applicable laws and regulations concerning bribery, corruption and related matters and immediately notify the other party should it become aware of any actual or suspected breach of such laws which is directly or indirectly relevant to this agreement.

You further agree to comply with all relevant laws, regulations and safety requirements that may apply to this Agreement or your rights or obligations, including Your Event or any use of Your Climate Week NYC Materials. Any breach of this provision is a material breach. You will also comply, in all material respects, with the Climate Group’s Third Party Code of Conduct if and as sent to you by us.