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Terms and Conditions Agreement
REGISTERED ATTENDEE AND SPEAKER TERMS OF SERVICE AND CONDITIONS
The following terms and conditions (the “Terms”) govern the purchase, possession, presentation, or use of a ticket, valid badge, wristband, or other authorized means of entry (each, a “Ticket”) and attendance of and admission to any conference, seminar, forum, meeting, workshop, activity or other type of public or private event (the “Event” or “Conference”) provided by Graceway Publishing Co. Inc. which operates the Institute of Business Forecasting & Planning (“IBF”) whether in person or online. Each person holding a Ticket or attending an Event (“You” or “Holder”) agrees to comply with all rules and regulations of each Event, including but not limited to these Terms and any rules of the location or venue where the Event is being held. If a Ticket is purchased by an individual or company on behalf of the Holder, such purchaser hereby agrees that prior to completing such purchase he/she/it has provided a link to or copy of these Terms to the Holder. All presenters and speakers are each a Holder and subject to these Terms. IBF and its respective employees, officers, owners, contractors, and agents are hereby referred to as “Management”.
TICKETS AND FEES
The unauthorized resale, attempted resale, and/or transfer of a Ticket is strictly prohibited and will constitute a forfeiture of such Ticket without refund or other compensation. Unless mutually agreed, each Ticket may only be used by the same Holder. An Event's operating hours, schedules, vendors, activities, and speakers are subject to change or cancellation without notice. Each Ticket is a revocable license to attend an Event. All panels, speakers, forums, photo ops, special events, conference features and performances are subject to availability and access is not guaranteed, may require an additional fee, and/or may only be available to designated types of Tickets. Management has no responsibility if your spam filters catch any email communication about the Event or your Ticket. Therefore if You have not received the link or materials for the Event, You must follow-up and contact Management with sufficient time in advance of the Event.
In general, Tickets and any associated fees are non-refundable. Tickets are non-transferable, and cannot be reproduced, resold or upgraded. IBF and Management reserve the right to cancel an Event on limited or no notice, and in the event of such cancellation, Holder will not be entitled to a refund of any expenses associated with registration, or other compensation of any kind, including, but not limited to travel costs and cancellation fees. IBF reserves the right to provide a Holder with a credit in the amount of the cancelled Event Ticket in such a circumstance, which can be used by Holder for a different Event in the same calendar year. As preparation for an Onsite Event, IBF and Management make extensive arrangements and investments while anticipating fees and attendance, and, in the case of Ticket cancellation, incurs significant administration hassles, expenses, and loss of business. Given this fact, any cancellation less than 15 days from the Event will result in a cancellation fee of $195 per person per Event. If for whatever reason You are unable to attend the Event after You have registered and within 15 days of the Event, IBF will happily transfer your Ticket to someone else to attend that Event or hold a credit on file for one year. IBF and Management do not accept cancellations or issue refunds after the first day of the Event. For a Virtual Event, payment in full is required in order to attend the Online Event and any registration will be cancelled if not received by the day of the Online Event. You may cancel your Ticket in writing, a minimum of 72 hours prior to the Online Event. No credits or refunds will be given less than 72 hours from the Online Event. Further, once training material or presentation material (the “IBF Materials” for the Online Event have been sent to You, then regardless of time before the Online Event, no refunds will be given even if You cancel more than 72 hours from the Online Event. For all cancellations - if your paid package includes IBF Membership, such membership is non-refundable regardless of when You cancel so any approved Ticket cancellation refund will not include the generally advertised price of the IBF Membership (non-refundable).
HOLDER'S RELEASE AND AUTHORIZATION
Holder hereby releases Management, all Event sponsors and venue owners/agents, and each of their respective parent, subsidiary, and affiliated entities and each of its and their officers, directors, employees, contractors, agents, licensees, volunteers, and representatives and such other parties as Management advises as additional insureds, in its sole discretion (collectively, the “Released Parties”), from any and all claims, actions, suits, costs, attorneys' fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (collectively, “Released Claims”) arising out of or in connection with an Event (including Holder's attendance of and/or participation in an Event and any activities associated with an Event, whether occurring before, during or after an Event). The Released Claims shall include, but are not limited to, those based on negligence or gross negligence of any of the Released Parties or any of the other participants in or at an Event, wrongful death, personal injury, infliction of emotional distress (both negligent and intentional), products liability, breach of contract, fraud, fraudulent inducement, fraudulent concealment, breach of any statutory or other duty of care owed under applicable laws, or loss of earnings or potential earnings.
IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Under no circumstances will Management or the Released Parties be held liability for Holder’s injury or death or any loss or damage of Holder’s personal belongings resulting from Holder’s participation in an Event. Should Holder require emergency medical treatment as a result of accident or illness arising during attendance and participation in the Event, You consent to such treatment. You acknowledge and You agree to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. Holder further authorizes and permits IBF and Management to share Holder's personal information, including but not limited to contact information, with such sponsors, exhibitors, vendors, companies, and entities associated with the Event. By way of example only, Holder’s name and contact information may be shared with venues and accommodation provider for the purpose of room bookings (if applicable). Further, as applicable depending on the Ticket and technology used at an Event, You authorize and permit Management to share your name and contact information with third parties which scan Holder’s Ticket at an Event or otherwise utilizes the on-site or web-enabled technologies, including but not limited to on-site Wi-Fi, on-site interactive kiosks, wearable beacon technology and/or RFID technology, and any mobile applications associated with an Event (the “Digital Technologies”). By scanning or otherwise utilizing the Digital Technologies, Holder consents to the sharing of Holder's personal information with the corresponding sponsor, exhibitor, vendor, company, or entity. Any individual, by submitting information to an Event or Management, purchasing and/or using a Ticket, represents and confirms that such individual Holder is age 18 or over or have obtained the consent of their parent or legal guardian. If you are the parent or legal guardian of Holder that is under the age of 18, it is your responsibility to check the suitability of an Event for any individuals in your party under the age of 18 regardless of official age restrictions. The Digital Technologies are neither directed at nor intended for use by individuals under the age of 13. If You are under the age of 13, do not access or use the Digital Technologies. If You are under the age of 18, do not access or use the Digital Technologies without express consent of a parent or legal guardian. Management does not knowingly collect personal information from individuals under the age of 13, and if Management becomes aware that either of them have inadvertently done so, Management will promptly delete such personal information. Finally, all speaker presentation documents may be loaded to the IBF website or provided to Holders to view prior to and after the Event and You hereby grant IBF a royalty-free license to use, present, perform, display such presentation documents including but not limited to slides and other written materials. Should a speaker not wish for such slides and written materials not be uploaded and used for these purposes, please contact IBF at least two weeks prior to the Event. Each Holder does not have a right to make any copies (besides one print out for Holder’s own personal use at the Event) or otherwise use the speaker presentation documents on the IBF website or provided at the Event.
NO OTHER RECORDINGS OR USE PERMITTED
Holder agrees not to make any recordings of or use live streaming applications or flash photography at or during any and all panels, presentations, screenings or stage performances at the Event without the express written permission of Management. Holder is fully responsible for any photographs or other recordings Holder creates while at the Event (“Unauthorized Holder Recordings”), and agrees to indemnify and hold harmless the Released Parties (as defined above under “HOLDER'S RELEASE AND AUTHORIZATION”) from and against any and all claims, actions, liabilities, and expenses (including attorney's fees and costs) incurred by the Released Parties arising from or related to such Holder Unauthorized Recordings, including, but not limited to, a claim that such Holder Unauthorized Recordings violate or infringe the rights of another an Event attendee or other third party, including, but not limited to, such third party's copyright, trademark, trade secret, rights of privacy or publicity, or other personal or proprietary right. Holder hereby understands that the tools, processes, strategies, materials and information presented in the Event are confidential, copyrighted, and proprietary to IBF and Management and Holder agrees not to record, duplicate, copy, distribute, summarize, teach or train from the Event materials in any manner whatsoever without the express written permission of IBF. All Event materials are for your personal use only and You agree they cannot be used for commercial or non-personal use. Any unauthorized use or distribution of these proprietary concepts, materials, and intellectual property by You or your representatives is prohibited and IBF may pursue legal action and full damages if these Terms are violated in order to protect its rights.
If limited time on-demand access is permitted as part of your package after the conclusion of the Event, IBF makes no guarantee that each session will be available after the initial date as certain speakers may not allow continual availability of video recording of their session.
NO DISRUPTIVE BEHAVIOR
Management reserves the right to deny entry to an Event or remove from an Event any person who is behaving or threatening to behave in a manner in which Management, in its sole and absolute discretion, considers to be disruptive of an Event or to its attendees. In such case, no refund or other compensation will be provided to Holder. All Holders are to be respectful and professional to Event staff, venue location hosts, speakers, and other attendees and their guests or families throughout the Event, even during non-scheduled downtime and breaks. You may find other attendees’ or participants’ communications, graphics, audio files or other information inappropriate, offensive, harmful, inaccurate, dishonest or misleading and/or deceptive, however You alone are solely responsible for your interaction with other attendees and agree to act responsibly and exercise caution, common sense and safety while in attendance at the Event.
IBF and Management have a ZERO TOLERANCE POLICY for harassment of any kind. If a person or any Holder engages in harassing behavior, an Event staff will take prompt action in any form they deem appropriate in their sole discretion, including but not limited to expulsion from an Event with no refund or other compensation. This Anti-Harassment Policy applies to EVERYONE at an Event including Holders, speakers, vendors, sponsors, exhibitors, guests, professionals, press, staff, volunteers, and security.
HOLDER'S ASSUMPTION OF RISK
Holder assumes all risk incidental to their attendance at an Event and participation in any Event activities, including but not limited to the risk of personal injury and loss or damage to property occurring at an Event. Holder acknowledges and agrees that Management are not responsible for lost, stolen or damaged Tickets or personal property. Holder acknowledges that there are hazards and risks of physical injury or illness to attendees of an Event and that not all such hazards or risks can be fully eliminated. By purchasing or accepting a Ticket and/or attending an Event, Holder freely and voluntarily agrees to assume the full risk of bodily injury or property damage, regardless of severity, or death that Holder may sustain as a result of attending an Event, whether or not caused by the negligence or gross negligence of Management or its agents. Under no circumstances, including but not limited to negligence, will IBF or Management be liable to Holder for any special or consequential damages that result from Holder’s participation in an Event and You acknowledge and agree herein.
In exchange for the opportunity to register and attend an Event, You hereby grant to Management, its employees, agents, and assignees, the absolute and irrevocable right and permission to photograph, film, reproduce, record and/or otherwise capture each Holder’s name, voice, appearance, image and/or likeness (collectively, “Likeness”) at an Event (the results of which are, together with all rights therein, the “Recordings”) and to exploit, copy, distribute, modify, license, combine with other materials and otherwise use such Recordings in any and all media, in perpetuity, for any purpose including on IBF website, and for advertising or other purposes. You waive any right to inspect or approve the Recordings or any printed or electronic matter that may be used with them. You agree that Management will own the Recordings and You hereby waive any claim to compensation associated with the Recordings or Management or its assigns use of Holder’s Likeness. You agree that IBF owns the images and all rights related to them. You release Management and its employees, agents, and assignees, including any firm authorized to publish and/or distribute a finished product containing material produced by Management, from any claims, causes of action, damages or liability which You may ever have in connection with the use of or relating to Holder’s Likeness and the Recordings. You hereby waive any moral rights or “droits moral” You may have in the Recordings and other material produced by Management. By attending the Event, You waive all rights you may have to any claims for payment or royalties in connection with any exhibition, streaming, web casting, televising, or other publication of Holder’s Likeness and the Recordings. You understand this release, its content, and You freely accept the terms regarding the appearance release.
By visiting the IBF website and participating in an Event, Holder acknowledges and agrees that he/she is subject to the Privacy Policies which are listed at: https://www.ibf.org/privacy-policy