These are the terms ( “Agreement”) governing your attendance at and participation in any Lend & Gather Conference and events ( “Conference” or “Lend & Gather”). By registering for the Conference you agree to these terms, which form a binding legal contract between R.W. Elephant, Inc., a California Corporation dba Lend & Gather (“Lend & Gather” and/or “Conference”) 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.
1. Attendee Requirements
1.1 Admittance. Your registration entitles you to admittance to the Conference for which you have registered. Any and all other costs associated with your attendance (including, without limitation, travel and accommodation expenses) shall be borne solely by you, and Lend & Gather shall have no liability for such costs.
1.2 Use of Likeness. By attending the Conference you acknowledge and agree to grant Lend & Gather the right at the Conference to record, film, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, sell, use in marketing, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to Lend & Gather 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.
1.3 Conference Content. You acknowledge and agree that Lend & Gather, in its sole discretion, reserves the right to change any and all aspects of the Conference, including but not limited to, the Conference name, themes, content, program, speakers, performers, hosts, moderators, venue, and time.
2. Prohibited Conduct
2.1 Disruptive Conduct. You acknowledge and agree that Lend & Gather reserves the right to remove you from the Conference if Lend & Gather, in its sole discretion, determines that your presence or behavior create a disruption or hinders the Conference or the enjoyment of the Conference by other attendees.
2.2 Photography, Recording, Live Streaming, and Videotaping. Attendees may not record or broadcast audio or video of sessions at Lend & Gather. Attendees may take pictures within the Conference.
2.3 Unethical/Non-Compliant Marketing. Lend & Gather reserves the right to deny admission to anyone who engages in or is reputed to engage in unethical or non-compliant marketing practices.
2.4 In addition to the requirements and prohibitions set forth in this Section 2, Lend & Gather may also exclude any prospective attendee from registering for or attending any Conference, in Lend & Gather’s sole discretion. Furthermore, Lend & Gather reserves the right to cancel, in its sole discretion, any attendee’s registration upon refund of the admission fees paid to Lend & Gather; provided, however, that if an attendee is cancelled for violating any prohibition or requirement set forth in this Section 2, Lend & Gather may retain all fees paid.
3. Fees
3.1 Payment. The payment of the applicable fees for the Conference is due upon registration. If such payment is insufficient or declined for any reason Lend & Gather may refuse to admit you to the Conference 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.
4. Substitution Policy; Conference Rescheduling
4.1 No refunds will be given, regardless of the reason for the refund request. However, you may gift or sell your Lend & Gather registration to a third party by first submitting a substitution request in writing to hello@lendandgather.com. To confirm the substitution, the new attendee will be required to register with Lend & Gather, provide their contact information, and agree to these Terms & Conditions.
4.2 Attendee changes or substitutions made to any attendee registration can be done until the first date of the Conference.
4.3 Once you check-in onsite, your registration cannot be changed, substituted, or reissued to a different person.
4.4 Lend & Gather reserves the right to reschedule the Conference, without cause, at its sole discretion. Under such circumstances, your registration fee(s) will not be refunded, but will be held as a credit to be applied to the next scheduled Conference within twelve (12) months of original Conference date.
5. Registration Confirmation, Lend & Gather Updates, and Private Facebook Group
5.1 Once you have completed your registration, you will receive your registration confirmation by email. Please ensure that your valid email is entered correctly on the registration form. Be sure to check your junk email box in case any of your Lend & Gather email(s) are caught by spam filters.
5.2 You will receive essential information for registered attendees electronically at the email address and mailing address that is provided on your registration form.
5.3 In addition, you will also begin to receive the Lend & Gather email newsletter.
5.4 Upon registration, you will also be invited to join the Lend & Gather private Facebook Group where you can connect with other attendees prior to the Conference.
6. Intellectual Property
6.1 All intellectual property rights in and to the Conference, the Conference content, and all materials distributed at or in connection with the Conference are owned by Lend & Gather, its parent company RW Elephant, Inc., or the Conference sponsors or speakers presenting at the Conference. You may not use or reproduce or allow anyone to use or reproduce any trademarks (including without limitation “Lend & Gather” and “Lend & Gather Conference”) or other trade names appearing at the Conference, in any Conference content or in any materials distributed at or in connection with the Conference for any reason without the prior written permission of Lend & Gather.
6.2 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 Lend & Gather or any of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual property rights of Lend & Gather or its affiliates, all of which shall at all times remain the exclusive property of Lend & Gather and its affiliates.
7. Assumption of Risk, Release of Liability
7.1 Assumption of Risk. You understand and acknowledge that you risk exposure to and contraction of potentially dangerous diseases and viruses, including the coronavirus disease (COVID-19) and severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), and any other diseases or viruses not listed, by participating in the Conference. You understand and acknowledge the risks associated with diseases and viruses and you are fully aware that exposure may result in infection, severe illness, injury, pain and suffering, temporary or permanent disability, and even death. You understand that even if Lend & Gather has taken any proactive measures to reduce potential exposure, there is still high risk of exposure and Lend & Gather has not in any way represented that there is no exposure risk due to their proactive measures. YOU VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO YOUR PARTICIPATION IN THE CONFERENCE, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF LEND & GATHER.
7.2 Release from Liability. You hereby agree, on behalf of yourself, your heirs and your personal representatives, to fully and forever discharge and release Lend & Gather and its affiliates, and their 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 participation in Conference, whether caused by the negligence of the Company or any of the Released Parties or by any other reason. You acknowledge and agree that this Release of Liability is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by you while participating in the Conference.
8. Disclaimer of Warranties, Limitation of Liability
8.1 Lend & Gather gives no warranties with respect to any aspects of the Conference or any materials related thereto or offered at the Conference 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. The Conference is provided on an “as-is” basis. Neither Lend & Gather nor its affiliates accept any responsibility or liability for reliance by you or any person on any aspects of the Conference or any information provided at the Conference.
8.2 Except as required by law, neither Lend & Gather nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Conference or other aspect related thereto or in connection with this Agreement.
8.3 You are fully and solely responsible for any property and/or personal belongings that you bring to the Conference, and that Lend & Gather will not be responsible for or provide any security for your property and personal belongings.
8.4 The maximum aggregate liability of Lend & Gather for any claim in any way connected with, or arising from, the Conference 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 Lend & Gather under this Agreement.
9. Force Majeure.
A party shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to any act of God, such as but not limited to war, riot, civil strife; act of terrorism, domestic or foreign; embargo; governmental rule, order, regulation or decree; earthquake, flood, fire, hurricane, tornado, or other casualty; strike, lockout, or other labor disturbance; pandemic, epidemic, public health emergency, outbreak of communicable disease; or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing. Upon occurrence of any force majeure event, the party relying upon this provision shall give notice, as soon as feasible, to the other party of its inability to perform or of delay in performing its obligations.
10. Miscellaneous.
Lend & Gather’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. Lend & Gather shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Lend & Gather’s reasonable control. 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 Lend & Gather’s prior written consent. This Agreement shall be governed by the laws of the State of California and the parties shall submit to the exclusive jurisdiction of the California courts. 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 the subject matter of this Agreement, and that all modifications 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 Lend & Gather in any respect whatsoever.