FinCon Event Policies
THERE IS A LIMITATION OF LIABILITY IN THESE TERMS.PLEASE REVIEW CAREFULLY.
These are the terms (the “Agreement”) governing your attendance at and participation in FinCon®. By registering for FinCon, you agree to these terms, which form a binding legal contract between PT Money Conferences LLC (“Company”) and the registered attendee or participant (“you”). If you are registering on behalf of another individual, it is your responsibility to ensure the person attending is aware of these terms and accepts them. By completing the registration on behalf of another individual you are warranting that you have made the attendee or participant aware of these terms and that they have accepted these terms.
Section 1: Attendee Requirements
1.1 Admittance. Your registration entitles you to admittance to FinCon for which you have registered. By registering for FinCon and purchasing your ticket, you understand and agree that the Company may not have determined the location for FinCon, or whether FinCon will be held virtually. Company reserves the right to change the venue or location where FinCon shall take place, at its sole discretion. Company may also, in its sole discretion, convert any portion of, including FinCon in its entirety, to take place virtually. In the event that the Company announces a location, that FinCon will be held virtually, or the Company makes any such changes to the location, including determining it shall be held virtually, after your purchase of a ticket, you will not be entitled to a refund. Any and all other costs associated with your attendance shall be borne solely by you, and Company shall have no liability for such costs, including but not limited to travel, hotel, and meals. Company encourages you to utilize the FinCon room block for your accommodations. To be admitted to FinCon, you must wear your conference badge at all times. In the event any portion of FinCon will take place virtually, you must use the links sent to you to attend FinCon. You may not share the links with any third party. You also must display the exact name that appears on your registration in order to be admitted. If you do not have your badge, Company reserves the right to refuse to admit you to participate or attend. You must have a print out or mobile copy of your TicketSpice registration AND your ID at check in. Company reserves the right to remove your access to FinCon if you do not meet the requirements to attend either in person or virtually. All policies shall apply whether FinCon occurs in-person, virtually or any combination thereof.
1.2 Use of Likeness. By attending FinCon you grant Company the right to record, film, photograph, or capture your likeness (collectively “Likeness”) at FinCon in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to Company includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media. You understand and agree that, in the event the Agreement is terminated, this license and release survives termination and Company may, in its sole discretion, utilize the Likeness as set forth herein. This authorization and release shall inure to the benefit of the legal representatives, licensees and assigns of Company and you hereby release Company from, and agree not to sue for, any claim or cause of action, whether known or unknown, for libel, slander, invasion of right of privacy, publicity or personality, or any other claim or cause of action, based upon or relating to the use of the Likeness, or the exercise of any of the rights referred to herein.
You acknowledge that, in the event of any breach by Company or any third party, the damage, if any, caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief. Your rights and remedies will be strictly limited to the right, if any, to recover damages in an action at law, and you will have neither the right to rescind or terminate this Agreement or any of Company’s rights hereunder, nor the right to enjoin the production, exhibition, or other exploitation of the Likeness.
1.3 Event Content. You acknowledge and agree that Company, in its sole discretion, reserves the right to change any and all aspects of FinCon, including but not limited to, the event name, themes, content, program, speakers, performers, hosts, moderators, venue, and time.
1.4. Conduct. While attending FinCon, you must conduct yourself in a professional manner that is welcoming to all participants and free from any form of discrimination, harassment, intimidation by verbal or physical in nature or retaliation. Please see the FinCon code of conduct for more information.
Section 2: Prohibited Conduct
2.1 Disruptive Conduct. You acknowledge and agree that Company reserves the right to remove you from FinCon if Company, in its sole discretion, determines that your presence or behavior is creating a disruption or hindering FinCon or the enjoyment of FinCon by other attendees. In the event you are asked to leave FinCon due to this provision, you will not receive a refund of your pass price and Company will not be liable to you for any damages.
2.2 Photography, Recording, Live Streaming, and Videotaping. Attendees may not record or broadcast audio or video of any part of FinCon, absent short clips for the sole purposes of social media sharing.
2.3 Suitcasing and Outboarding. Company may immediately remove (without a refund of the pass price), at Company’s sole discretion, any attendee or person at FinCon that sells, markets, or represents a company or organization for the purpose of obtaining advertising, sales, or subscriptions from any attendee, sponsor, or exhibitor. You acknowledge and agree that this practice of suitcasing and outboarding, including “informal” meetings, are strictly prohibited at FinCon. This includes, but is not limited to, soliciting attendees through email or in person or any unsanctioned commercial activity conducted from a hotel guest room or suite, a local restaurant, bar, club or public place. Suitcasing can occur at venues outside of the FinCon venue. Company encourages you to report any suitcasing or outboarding activity that you observe to Company management. Please note this prohibition applies to brands and brand representatives as well as general attendees. Company expressly disclaims any liability to you for your removal from FinCon pursuant to this clause.
2.4. In addition to the requirements and prohibitions set forth in this Section 2, Company may also exclude any prospective attendee from registering for or attending any Company event, in Company’s sole discretion. Furthermore, Company reserves the right to cancel, in its sole discretion, any attendee’s registration upon refund of the admission fees paid to Company; provided, however, that if an attendee is removed and/or their registration is cancelled for violating any prohibition or requirement set forth in this Agreement, Company may retain all fees paid.
Section 3: Fees and Refunds
3.1 Payment. The payment of the applicable fees for FinCon is due upon registration. If such payment is insufficient or declined for any reason Company may refuse to admit you to FinCon and shall have no liability in that regard.
3.2 Taxes. The fees may be subject to sales tax, value added tax, or other taxes and duties, which, if applicable, will be charged to you in addition to the fees.
3.3 Refunds. Company does not offer refunds for any pass purchased to FinCon.
Section 4: Privacy
Section 5: Intellectual Property
5.1 All intellectual property rights in and to FinCon, FinCon content, and all materials distributed at or in connection with FinCon are owned by Company. You may not use or reproduce or allow anyone to use or reproduce any trademarks or other trade names or copyrighted material appearing at FinCon, in any FinCon content or in any materials distributed at or in connection with FinCon for any reason without the prior written permission of Company.
5.2 For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by Company or any of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual property rights of Company or its affiliates, all of which shall at all times remain the exclusive property of Company and its affiliates.
Section 6: Disclaimer of Warranties, Limitation of Liability, Assumption of Risk, Indemnity
6.1 No Warranties. Company gives no warranties in respect of any aspect of FinCon or any materials related thereto or offered at FinCon and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. FinCon is provided on an “as-is” basis. Company makes no representations or warranties in relation to the information provided in the content. Neither Company nor its affiliates accept any responsibility or liability for reliance by you or any person on any aspect of FinCon or any information provided at FinCon . All of the information provided at FinCon is for informational use only. Purchase of a pass or attendance at FinCon does not form any relationship between the user and Company. All views expressed by speakers or presented are their own.
6.2 Limitation of Liability. Except as required by law, neither Company nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from FinCon or other aspect related thereto or in connection with this Agreement. Company assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided through any FinCon event.
6.3 Maximum Liability. The maximum aggregate liability of Company for any claim in any way connected with, or arising from, FinCon or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to Company under this Agreement.
6.4 Assumption of Risk. You agree to carefully consider the inherent risks in any activities that you choose to take part in and to take reasonable precautions before you choose to attend or participate at any FinCon event. For example, you should ensure that you are in good physical health before engaging in any physical activity at FinCon, and you should always drink responsibly if alcohol will be present. In sum, you understand that your attendance and participation at FinCon is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law.
6.5 Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, directors, employees, agents and representatives harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to, related to, or connected with your attendance or conduct at an Event.
Section 7. Release
You agree, on behalf of yourself, your heirs and your personal representatives, to fully and forever discharge and release Company and its affiliates, and respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims you may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to your attendance and participation at FinCon, whether caused by the negligence of Company or any of the Released Parties or by any other reason. You acknowledge and agree that this release and waiver of liability is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by you while attending or participating in FinCon.
Section 8. Force Majeure.
Company shall not be held responsible for any delay or failure in performance of its obligations hereunder to the extent such delay or failure is caused by fire, flood, strike, civil, governmental or military authority, acts of God, acts of terrorism, acts of war, pandemic or epidemics, the availability of the venue or other similar causes beyond its reasonable control and without the fault or negligence of Company or its subcontractors. For one or more of such reasons, Company may postpone, reschedule or cancel FinCon, in whole or in part, without liability on the part Company. In the event FinCon cannot be held or is postponed pursuant to this section, Company shall not be liable to attendee for any damages, costs, or losses incurred, such as transportation costs, accommodations costs, or financial losses. Company will review refund and/or fee transfer requests, submitted in writing, for approval on a situational basis.
Section 9: Safety
9.1 COVID-19. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. As a result, current federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. These regulations and requirements are ever changing and my change between the time of your registration for FinCon and the date on which FinCon shall take place. Company shall use best efforts to comply with all regulations that are current as of the date FinCon begins and shall notify attendees of the precautions Company is taking no less than ten (10) days prior to the start of FinCon.
Notwithstanding these precautions, Company cannot guarantee that you or anyone in attendance at FinCon will not become infected with COVID-19.
You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you or any person present at FinCon may be exposed to or infected by COVID-19 by attending FinCon and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to attendees of FinCon, illness, damage, loss, claim, liability, or expense, of any kind. You hereby release, discharge, and hold harmless Company from any liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.
9.2 Your Responsibility. By attending FinCon, you represent and warrant that:
- You understand the symptoms of COVID-19 and affirm that, you, as well as all of your household members, do not currently have, nor have experienced any symptom within the fourteen (14) days leading up to the start of FinCon.
- You, as well as all household members, have not been diagnosed with COVID-19 within the thirty (30) days leading up to the start of FinCon.
- You, as well as all household members, have not traveled outside of the country or to any city considered to be a “hot spot” for COVID-19 infections within the thirty (30) days leading up to the start of FinCon.
Section 10: Miscellaneous
Company’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Company’s prior written consent but may be assigned by Company in its sole discretion. This Agreement shall be governed by the laws of the State of Texas and jurisdiction of any disputes under this Agreement shall lie in Collin County, Texas. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to your attendance at FinCon and that all modifications to this Agreement must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you acknowledge that you do not have any authority of any kind to bind Company in any respect whatsoever. Company reserves the right to amend, alter, or modify this Agreement at any time. All notices with respect to this Agreement must be in writing and may be via email to firstname.lastname@example.org for Company and to your email address.