These Bourbon Lore Participation Terms and Conditions (the “Terms”) apply to any Participant at an Event (as defined below). Your attendance at an Event indicates your acknowledgement, understanding, and agreement to these Terms.
1. Definitions
- ” Company/We/Us/Our“: Bourbon Lore LLC, its subsidiaries, its affiliates, or any other entity acting as an agent or partner for Bourbon Lore LLC.
- “Content”: materials, data, information and products provided by the Company or its event partners at, relating to, or forming part of the Event.
- “Event”: an event operated by or on behalf of the Company.
- “Event Confirmation”: our written confirmation of your registration for an Event. “Event Marks”: trademarks and service marks owned by or licensed to the Company relating to the Event.
- “Event Sponsor”: a person or company which has entered into a sponsorship agreement with the Company or its partners in relation to an Event.
- “Event Venue”: the venue at which an Event is held.
- “Fee”: the fee payable by a Participant (or sponsor on behalf of a Participant) to attend an Event.
- “Force Majeure”: has the meaning given in clause 9.
- “Intellectual Property Rights”: patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know how and trade secrets), 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.
- “Losses”: actions, damages, claims, liabilities, costs, losses and expenses (including, without limitation, reasonable legal fees).
- “Participant/You/Your”: an individual who attends an Event in any capacity other than as a representative of the Company or of the Event Venue.
- “Registration Details”: the personal data provided by Participants when they register to attend an Event.
2. Registration for Events
- 2.1 Validly registering for an Event shall entitle you to admittance to that Event as a Participant, subject to these Terms.
- 2.2 The Registration Details of each Participant must be registered (whether the Participant attends in a personal capacity, or as a representative of a company or other legal entity) before the start of the Event. We reserve the right to exclude from any Event any individual we choose to, and whose name does not appear on our register of Participants at the start of the Event.
- 2.3 If you register for an Event as a representative of a company or other organization you confirm that you have authority to agree to these Terms on behalf of the company or other
- organization. You shall also ensure Participant(s) from the company or other organization attending the Event are made aware of and shall be bound by these Terms.
- 2.4 When registering for an Event, you must provide us with accurate and complete Registration Details. It is your responsibility to inform us of any changes to that information (including, without limitation, your physical and email addresses) by updating your details on the relevant section of the applicable website or contacting us using the contact information provided to you in any Event Confirmation.
- 2.5 It is your responsibility to inform us of any special access requirements or dietary requirements at the time of registration, and in any event no later than one week in advance of the Event. Any dietary requests made less than one week before an Event may not be available.
- 2.6 All registrations for Events are subject to availability and to acceptance by the Company at its absolute discretion.
- 2.7 By attending the Event you acknowledge that photographs and filming may take place at the Event. The Company reserves the right to use images and videos recorded at the Event with your photograph or likeness in future marketing materials, including social media channels, websites, and print material, without obtaining any further approval from you or making any payment to you.
- 2.8 Participants must be over the age of 21.
3. Attendance Requirements
- 3.1 Each Participant shall:
- (a) observe the rules, policies and procedures of the Event Venue including in relation to health and safety and any reasonable instructions issued by the Company or the management of the Event Venue;
- (b) behave in a respectful, professional and appropriate way that does not breach the laws or regulations of the municipality, county, and state in which the Company holds the Event and the United States or that risks bringing the Event or the Company into disrepute;
- (c) ensure they have adequate insurance for their own requirements, including personal accident and travel insurance, prior to attending any Event; and
- 3.2 You agree that your travel to and attendance at an Event is at your own risk and not the responsibility of the Company. The Company is not obliged to provide any advice or assistance relating to the obtaining of travel to or from the event.
4. Participant Obligations
- 4.1 The Company reserves the right to refuse entry by any Participant to an Event or to remove any Participant from an Event without any liability, for any reason, and at its sole discretion.
- 4.2 The Company reserves the right to recover from you any loss or damage incurred or suffered by us, the Event Venue, or any other Participants as a result of your conduct at the Event or failure to comply with these Terms. In such circumstances, a Participant shall not be entitled to a refund of any Fees.
5. Fees
- Payment in full of any applicable Fees for the Event is due upon registration. If such payment is insufficient or declined for any reason, the Company may refuse entry to the Event.
6. Intellectual Property Rights
- 6.1 All Intellectual Property Rights in and to Events and in the Content relating to Events are the property of the Company or its third-party content providers. We may provide a license to third parties, including Event Sponsors, to use the Content at our sole discretion.
- 6.2 Participants may use the Content solely for their own personal use and benefit and not for resale, distribution, or other commercial purposes.
- 6.3 The Event Marks may not be used without the Company’s prior written permission.
- 6.4 Any request for permission to republish, reprint or use for any other purpose any of the Content or Event Marks should be sent by email to the Company.
7. Changes to Event
- Although the Company’s Event programs are correct at the time of publication, we may alter the format, Content, venue, speakers, hosts, moderators or timing of an Event. The Company shall use its reasonable endeavors to notify all Participants of any such changes prior to an Event.
8. Cancellation and Substitution
- 8.1 All cancellations by Participants must be made in writing to the Company. The Company has sole discretion whether to issue a refund and the amount of any such refund. Cancellations must be received no later than 90 days before the first day of the Event for a full refund of Participant Fees paid, less a 10% administration charge (or such other charge as shall be specified in the Content provided to Participants upon registration for the Event). Participants that cancel within 60 days of the first day of the event will receive a 50% refund of the amount paid through the date canceled. Participants whose cancellations are received after this deadline shall be liable for the full Fee. However, you can apply 50% to a deposit on another event. Participants may nominate a substitute to attend an Event in his or her place. If issued a credit, the credit must be applied for an event in the next 18 months, or the Participant forfeits the credit.
- 8.2 Notifications of cancellations and substitutions should be sent in writing to the Company contact designated in the Event Confirmation as soon as possible. Registration details for any substitute must be received by the Company at least ten days before the Event.
- 8.3 We may in exceptional circumstances need to cancel or postpone an Event, in which case we shall notify you as soon as reasonably practicable. In the event of cancellation, subject to clause 9, we shall issue Participants with a full refund of relevant Fees paid by you. In the event of postponement, we shall offer you the option to re-register for the rescheduled Event or, subject to clause 9, issue you a full refund of relevant Fees paid by you. Our liability to you because of any cancellation or postponement of an Event shall be limited to the amount of Fees which you have paid to us for that Event only and we shall not be liable for any additional Losses incurred by you because of such cancellation or postponement.
- 8.4 Refunds shall be issued back to the credit card used for payment or by bank transfer. Refunds back to a credit card can only be processed within 30 days of the cancellation announcement by the Company.
9. Force Majeure
- 9.1 In this section, “Force Majeure” means circumstances which are beyond our reasonable control and which are reasonably likely to affect the successful delivery of the Event or would make it inadvisable, impracticable, illegal, or impossible for us to host the Event or perform our obligations under these Terms, including circumstances, which directly affect the
- Participants in their home states or countries resulting in a material percentage of the Participants being reasonably likely to be prevented from attending the Event.
- 9.2 If, as a result of Force Majeure, the Company cancels the Event, the Company shall use its reasonable endeavors to reschedule the Event.
- 9.3 If the Company is unable to reschedule the Event in accordance with clause 9.2, it shall refund the Fees to Participants as soon as reasonably practicable and in any event within 30 days from the date of notice of cancellation.
- 9.4 Without prejudice to the Company’s obligation to refund any Fees to Participants, the Company accepts no liability and shall pay no compensation where the performance of its obligations is made impracticable, illegal or impossible by or as a result of Force Majeure.
10. Limitation of liability
- 10.1 Nothing in these Terms shall limit or exclude our liability for:
- (a) death or personal injury;
- (b) fraud or fraudulent misrepresentation; or
- (c) any other liability which cannot be limited or excluded by applicable law. 10.2 You agree that your access to any Event and your use of any of the Content is at your sole risk and responsibility and acknowledge that all Content is provided “as is” and “as available”. The Content is made available for your general information and any advice, opinion, statement or other information forming part of the Content is not intended for trading or to address your particular requirements. The Content does not constitute any form of advice, recommendation or arrangement by us (including, without limitation, investment advice or an offer or solicitation to buy or sell any security, financial product or other investment) and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. 10.3 Subject to clause 10.1, we shall not be liable, whether based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in relation to these Terms, for any indirect or consequential losses.
- 10.4 Subject to clause 10.1, the Company’s total liability to you, whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in relation to these Terms shall not exceed the total amount of the Fees paid or payable under these Terms.
11. Assignment
- 11.1 We may, without your consent, assign, sub-contract or transfer any and all of our rights and obligations under these Terms to any entity affiliated with the Company or any entity which acquires a substantial part of the assets of our business.
- 11.2 Without prejudice to clause 11.1, we may sub-contract delivery of an Event to any entity affiliated with the Company which operates the business relating to the relevant information, publication or data product forming part of that Event.
- 11.3 You may not assign, sub-license or otherwise transfer any of your rights under these Terms without our prior written consent.
12. Amendment
- We may make amendments to these Terms from time to time. Any such amendments shall be posted on the Event website. Amendments will be effective immediately on the amended Terms being posted on the Event website and you will be deemed to have accepted them if you attend the Event. If you do not wish to accept them, you must cancel your attendance in accordance with clause 8 of these Terms.
13. Entire Agreement
- These Terms together with the application or registration form (where relevant) state the entire agreement and understanding between you and the Company relating to your attendance at the Event and supersedes all previous terms, communications and discussions whether written or oral relating to that subject matter.
14. Governing Law and Dispute Resolution
- These Terms shall be governed by and construed in accordance with the laws of Arizona, which shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.