All registrations are subject to basic eligibility verification by BerylElites, a wholly owned subsidiary of The Beryl Consulting Group LLC. By registering for the Conference, you expressly agree to the Registration Terms herein. The registration of any Conference attendee shall not in any way be construed as a recommendation by BerylElites and/or The Beryl Consulting Group (herein referred to as "BERYL") of such attendee or any investment offered by such attendee, and BERYL shall not have (and nothing herein shall be read to imply or otherwise be interpreted as creating) any duty to evaluate or otherwise bear any responsibility whatsoever with respect to any attendee’s qualifications as an investor or any investments that are offered by any Conference attendees; rather, you agree that you assume the sole risk of your investment decisions and the diligence related thereto.
SECURITIES AND OTHER FINANCIAL REGULATIONS
By registering for this Beryl Elites Conference or event (the “Conference”), you acknowledge and agree that the Website and this Conference may not be used to invest, purchase, assume, distribute, offer or sell any security or financial instrument or to carry out any financial service. Furthermore, you hereby agree not to transmit or otherwise make available (on the Website or at any Conference) any advertising or marketing materials unless such materials are in compliance with all applicable laws and regulations to which you, or any financial product managed by you, is subject. Notwithstanding the foregoing, it is your responsibility to observe all applicable securities laws and financial regulations of any relevant jurisdiction, including the State or country where the Conference is held and the State or country where any participant to a Conference may reside1. Furthermore, if you are registering as an investor, you hereby attest as follows:
If you are registering as an individual, and not as a representative of an entity, you are a Qualified Eligible Person, Qualified Client, Qualified Purchaser or Accredited Investor.
If you are registering on behalf of an entity, such entity is a Qualified Eligible Person, Qualified Client, Qualified Purchaser or Accredited Investor.
I confirm my representation is accurate.
Any direct or indirect liability, damages or loss caused by a violation of the paragraphs above shall be subject to the terms of the waiver of liability and indemnification as set forth herein.
1 Including but not limited to: the U.S. Securities Act of 1933, the U.S. Investment Company Act of 1940, the U.S. Securities Exchange Act, EU Markets in Financial Instruments Directive (Directive 2004/39/EC), the EU Prospectus Directive (2003/71EC) and the EU Alternative Investment Fund Managers Directive (2011/61/EU), as amended from time, and the rules and regulations promulgated pursuant to each of them (as implemented in the local laws of the as implemented in Member States of the European Economic Area).
Any non-public information or content that is discussed, presented, or otherwise made available to you by or on behalf of BERYL in connection with registering for, participating in, or attending, the Conference must be kept confidential and may not be distributed, shared, or disclosed to any third party (whether verbally or in writing or other tangible form) without the express prior written approval of BERYL or its designee.
By accepting these Registration Terms, you hereby consent to the use of your (or your company’s) image, likeness, or logo (“Images”) in any photographs, videos or other recordings taken at the Conference and authorize the use and reproduction of such Images by BERYL or any other person authorized by BERYL. All such Images, including any and all intellectual property in connection therewith, shall be the sole property of BERYL. To the extent such ownership rights vest in you by operation of law or otherwise, you hereby assign all rights, title and interest in such intellectual property to BERYL and agree to take such reasonable additional actions as necessary to effect such assignment. You hereby expressly release BERYL, and its assigns, and their respective officers, owners, agents and employees from all privacy, defamation or other claims, royalties, demands, and liabilities whatsoever arising in connection with the use of any Images.
WAIVER OF LIABILITY AND INDEMNIFICATION
You recognize that there may be dangers and risks to which you may be exposed by registering for, participating in, or attending, the Conference. You acknowledge that the Conference carries with it the potential for personal injury and property loss resulting from your own actions, or the actions of other participants and third parties. Understanding the foregoing, you, and your executors, administrators and heirs, and your respective successors, and assigns, hereby expressly agree: (a) to fully release and discharge (i) BERYL, its affiliated organizations and their respective officers, directors, employees, members, consultants and volunteers, and (ii) all other participants in the Conference, from any and all liability, whether arising from any act of negligence, carelessness or otherwise, that might result in your death, disability, personal injury, and/or property damage, including loss of use, or any other claim of any kind which may hereafter accrue to you, where such liability or claim directly or indirectly arises from or relates to your or a third party’s registration for, participation in, or attendance at, the Conference or any previous BERYL event; (b) to waive any and all rights to file a claim or commence litigation against any of the entities and persons mentioned above with respect to any claim that you may have that is, in any way, directly or indirectly related to your or a third party’s registration for, participation in, or attendance at, the Conference or any previous BERYL event; (c) to defend, indemnify and hold harmless each of the entities and persons mentioned above, from any and all liabilities and claims related to (x) your or your employees’ or agents’ or representatives’ breach of these terms and conditions or (y) your or your employees’ or agents’ or representatives’ actions or omissions directly or indirectly related to your registration for, participation in, or attendance at, the Conference or any previous BERYL event or (z) any disputes between you and any of your employers, employees, agents, or representatives.
By registering for this event, you also certify that you assume full responsibility for your own actions, safety, and welfare.
By attending, or participating in any fashion in, the Conference you acknowledge that neither BERYL, nor anyone acting on its behalf, is representing anyone attending, or participating in, the Conference and is not providing investment or business advice or sponsoring or recommending any business venture or investment opportunity that may be discussed or offer that may be made at the Conference. Neither the use of the facilities at the Conference, the presence of BERYL’s personnel, nor any actions on the part of BERYL, should be interpreted as an endorsement of anyone or anything said at the Conference or a representation by BERYL upon which any attendee may rely.
Your attendance, or participation in, the Conference constitutes and confirms your agreement to the foregoing paragraph, as well as your agreement to defend, hold harmless, and indemnify BERYL, its officers, owners, employees, agents, all its sponsors and strategic partners, affiliates and their respective successors and assigns from and against any claim based on any investment outcomes, or investment decisions made, or resulting in whole or in part from activities conducted, at the Conference.
REFUND POLICY, DELEGATE CANCELLATIONS AND TRANSFER
Registration cancellation requests received in writing on or before September 1 will qualify for a refund, less a 25% administration fee. No refunds will be given on cancellation requests received by BERYL after September 1. Your registration is specific to you and may not be transferred or assigned; any purported transfer or assignment of your registration shall be deemed null and void. Should the original Company delegate be unable to attend, a substitute delegate from the same Company is welcome at no extra charge; in this case, please contact BERYL to update the participant registration details. Any cancellation or substitution requests should be made to email@example.com.
All reasonable endeavors will be made to hold the Conference and to present its program as scheduled under the circumstances which assure the comfort and the safety of all participants and their guests. However, the organizers cannot be held responsible by any person or entity as a result of a cancellation of the Conference or any of the arrangements, programs or plans connected with the Conference, or for any injury, damage or inconvenience which may be suffered by any person while travelling to and from, or during their presence at, the Conference. Participants are advised to arrange their own insurance against any such occurrences. BERYL reserves the right to make changes to the timing and content of the program.
ADMISSION PASS POLICY
Conference registration is electronic only. No items will ship in hard copy via mail or postal service. After completing registration online, you will receive a confirmation email with a summary of your registration details, which we recommend you retain for your own records. No tickets are needed for event entry; registered delegate names will be checked against an attendee list upon arrival at the Conference.
No audio/video recording or photography is allowed at Conference events without BERYL’s express written permission. No posting, distributing, or displaying of any pictures, videos, or other images related to the Conference or Conference-related events are allowed without BERYL’s express written permission. BERYL reserves the right to revoke any current and future registrations without any refund, and to expel you and your representatives, agents, and employees from the event without any refund, in the event of any violation of the restrictions in this paragraph, in addition to any civil remedies that may be available at law or in equity.
MEDIA AND PRESS
By accepting these Terms and Conditions, you hereby certify that you are not attending the Conference as a member of the press or media, nor will you disseminate any of the content discussed or presented therein via any media form (including, but not limited to, print/electronic/ newspapers/journals/blogs/ forums) without the express written prior approval of BERYL. All attendees may be asked to present photographic identification and/or a business card upon arrival at the Conference. BERYL reserves the right to revoke any current and future registrations without any refund, and to expel you and your company (including its representatives, agents, and employees) from the event without any refund, in the event of any violation of the restrictions in this paragraph, in addition to any civil remedies that may be available at law or in equity.
NOTICE OF FILMING AND PHOTOGRAPHY
When you enter a BerylElites Conference, you enter an area where photography, audio, and video recording may occur.
By entering the Conference premises, you consent to photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by BERYL and its affiliates and representatives. Images, photos and/or videos may be used to promote similar BerylElites Conferences in the future, highlight the Conference and exhibit the capabilities of BERYL. You release BERYL, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publications and use of interviews, photographs, computer images, video and/or sound recordings.
By entering the Conference premises, you waive all rights you may have to any claims for payment or royalties in connections with any use, exhibition, streaming, web casting, televising, or other publication of any of these materials, regardless of the purpose or irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect of approve any photo, video, or audio recording taken by BERYL or the person or entity designated to do so by BERYL.
You have been fully informed of your consent, waiver of liability, and release before the Conference.
§2(a)(51)(A) of the Investment Company Act
Natural person – Any natural person (including a spouse owning a joint or similar interest) who owns not less than $5,000,000 in "investments," as defined by the SEC;
Family-Owned Companies – Any company that owns not less than $5,000,000 in investments and that is owned directly or indirectly by or for two or more natural persons who are related as siblings or spouse (including former spouses), or direct lineal descendants by birth or adoption, spouses of such persons, the estates of such persons, or foundations, charitable organizations, or trusts established by or for the benefit of such persons;
Trusts – Any trust that was not formed for the specific purpose of acquiring the securities offered, and as to which the trustee and each settler are qualified purchasers.
Institutional Purchasers – Any person, acting for its own account or the accounts of other qualified purchasers, who in the aggregate owns and invests on a discretionary basis, not less than $25,000,000 in investments.
Qualified Eligible Person
CFTC Rule 4.7 under the Commodity Exchange Act
Generally speaking, a QEP is any person, acting for its own account or for the account of a qualified eligible person, who the commodity pool operator reasonably believes, at the time of the sale to that person of a pool participation in the exempt pool, or who the commodity trading advisor reasonably believes, at the time that person opens an exempt account, is one of the following:
Certain registered commodities and securities professionals (e.g., futures commission merchants, registered broker-dealers);
"Accredited investors" under the 1933 Act who the CPO also reasonably believes have a securities portfolio of at least $2,000,000 or have $200,000 on deposit as commodities margin or premium;
"Qualified purchasers" under the Investment Company Act of 1940;
"Knowledgeable employees" as defined in Rule 3c-5 under the 1940 Act and certain other "knowledgeable employees" as defined in CFTC Rule 4.7(a)(viii).
Rule 205-3(d)(1) of the Investment Advisers Act of 1940
Natural persons or companies* that have at least $750,000 under management with the adviser immediately after entering into the contract;
Natural persons or companies that the adviser reasonably believes either have a net worth of more than $1,500,000 at the time the contract is entered or are "qualified purchasers"; or
Natural persons who immediately before entering the contract are either executive officers, directors, trustees, general partners (or serve in similar capacities) of the adviser or employees of the adviser who in their regular functions have participated in the adviser’s—or another company’s—investment activities for at least 12 months.
*Special requirements apply for determining whether a company qualifies to ensure that the assets of smaller, otherwise non-qualified clients are not pooled together to circumvent the rule’s qualification standard.
Rule 501(a) of the Securities Act of 1933**
**Under Dodd-Frank, the Accredited Investor standard excludes a person’ primary residence from his or her net worth calculation.
Institutions – Among others, any bank, savings and loan association, registered broker or dealer, insurance company, registered investment company or business development company. Additionally, "accredited investor" includes any employee benefit plan established and maintained by a state (or its subdivision or agencies) if the plan has total assets over $5,000,000, as well as any employee benefit plans within the meaning of ERISA, if the investment decision is made by a plan fiduciary which is either a bank, savings and loan association, insurance company, or registered investment adviser, or if the plan has total assets in excess of $5,000,000, or if the plan is a self-directed plan, with investment decisions made solely by persons that are accredited investors;
Partnerships, Charitable Organizations and Other Organizations – Any organization described in section 501(c)(3) of the Internal Revenue Code, corporation, Massachusetts or similar business trust, or partnership, not formed for the specific purpose of acquiring the securities offered, with total assets in excess of $5,000,000;
Executives – Any director, executive officer, or general partner of the issuer of the securities being offered or sold, or any director, executive officer, or general partner of a general partner of that issuer;
**Natural Persons/Net Worth Test – Any natural person whose individual net worth, or joint net worth with that person's spouse, at the time of his purchase exceeds $1,000,000;
Natural Persons/Income Test – Any natural person who had an individual income in excess of $200,000 in each of the two most recent years or joint income with that person's spouse in excess of $300,000 in each of those years and has a reasonable expectation of reaching the same income level in the current year;
Trusts – Any trust, with total assets in excess of $5,000,000, not formed for the specific purpose of acquiring the securities offered, whose purchase is directed by a "sophisticated person" as described in Rule 506(b)(2)(ii); and
Entity Owned Solely by Accredited Investors - Any entity in which all of the equity owners are accredited investors.