TERMS AND CONDITIONS
These terms and conditions (the “Terms”) govern my registration and participation at the Live2Lead Leadership Conference (the “Event”) in Atlanta, Georgia on October 9, 2020 and are an agreement between The John Maxwell Company, LLC (“Company”) and me. By checking the box or clicking the accept and continue button, I agree to these Terms in their entirety.
Event: I recognize that I may only register for and attend the Event in accordance with these Terms. I understand that Event registration is subject to availability and may close earlier than the posted deadline, as determined in Company’s sole discretion, and Company may modify the Event program at any time in its sole discretion, including but not limited to, modifying the Event to a live virtual event.
Safety & Security: I understand that I (as well as my property) may or may not be subject to a reasonable search upon entry to the Event, and that if I refuse to participate in such security measures, Company may deny me entry. I recognize Company reserves the right to ask me to leave the Event if my behavior raises concerns and/or implicates the safety or security of Event attendees, including my failure to comply with Guidelines related to COVID-19, as discussed below, and further, that if Company denies me entry or requires me to leave, I will not receive a refund.
Assumption of Risk: I acknowledge and agree that my attendance and participation in the Event is voluntary. I understand and appreciate the nature of the Event and that participating in the Event carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains; 2) major injuries such as eye injuries or loss of sight, joint or back injuries, heart attacks, and concussions; and 3) catastrophic injuries including paralysis and death. To the maximum extent permitted by law, I agree that I solely assume the risks arising from or related to my attendance at the Event.
Furthermore, I am aware of the highly contagious nature of the 2019 novel coronavirus disease (“COVID-19”) and the chance that I could be exposed to or contract COVID-19 by attending the Event. I voluntarily assume the risk of exposure or infection by attending the Event and that such exposure or infection may result in personal injury, illness, permanent disability, death or property damage. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including Company employees.
Release of Liability: Consistent with the above assumption of risk and to the fullest extent allowable by law, I, for myself, my heirs, personal representatives, executors, and assigns, do hereby release, waive, forever discharge and covenant not to sue Company or its employees, affiliates, agents, vendors, contractors, successors, and assigns (“Authorized Persons”) from any and all alleged and actual liability, claims, actions, demands, lawsuits, damages or losses, of any kind (“Claims”), including, but not limited to individual or class action claims, claims for monetary or equitable relief and claims for actual or punitive damages, as well as claims arising out of, based upon or related to the actual or alleged negligence or reckless misconduct of Company or its Authorized Persons resulting in personal injury, accidents, or illnesses (including death) and property loss and the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, as defined hereinafter, arising from, related to or in connection with participation in the Event. I understand that this release shall be binding upon my heirs, personal representatives, executors and assigns.
COVID-19 Guidance: I am familiar with federal, state, and local laws, orders, directives, and guidelines related to COVID-19, including the Centers for Disease Control and Prevention (“CDC”) guidance on the Disease. At the Event, I will comply with all such orders, directives, and guidelines that are in effect at the time of the Event. Furthermore, I agree to comply with Company’s COVID-19 health guidelines (the “Guidelines”) at the Event. The Guidelines will be made available on the Company’s website and emailed to all Event ticketholders within thirty (30) days of the Event. I understand that while Company has implemented the Guidelines to reduce such risk, Company cannot guarantee that I will not become infected with COVID-19 while at the Event and that attending the Event may increase the likelihood of contracting COVID-19.
Indemnification: I agree to indemnify, hold harmless and defend the Company and its Authorized Persons from and against any and all claims, demands, lawsuits, actions, proceedings, liabilities, losses, damages, fees, costs and expenses (including reasonable attorneys’ fees and costs of investigation) resulting from or arising from my actions or inaction in violation of these Terms or applicable law.
Limitation of Liability: I AGREE THAT COMPANY WILL NOT BE LIABLE TO ME under any cause of action or theory of liability FOR DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, even IF COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE DAMAGES. Further, Company’s aggregate liability under these terms WILL NOT EXCEED the total of AMOUNTS PAID BY me TO COMPANY PURSUANT TO THese terms. the limitations in this section apply only to the maximum extent permitted by applicable law.
Publicity Waiver & Release: I hereby irrevocably permit, authorize, grant, and license Company and its Authorized Persons the rights to display, exhibit, transmit, broadcast, reproduce, record, photograph, videotape, digitize, modify, alter, edit, adapt, create derivative works, sell, rent, license, otherwise use, and permit others to use my name, image, likeness, appearance, voice, and other personal characteristics, and all materials created by or on behalf of Company that incorporate any of the foregoing captured during the Event (“Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, without further consent from or compensation to me.
Company shall be the exclusive owner of all rights, including copyright, in the Materials. I hereby irrevocably transfer, assign, and otherwise convey to Company my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity. I acknowledge and agree that I have no right to review or approve Materials before they are used by Company, nor any Claim(s) to compensation or Claim(s) arising out of or resulting from the use, alteration, blurring, distortion or illusionary effect, whether intentional or otherwise. Any credit or other acknowledgment of me, if any, shall be determined by Company in Company’s sole discretion. Company has no obligation to create or use the Materials or to exercise any rights given by these Terms.
Third-Party Beneficiary: I understand and agree that 12Stone Church, Inc. shall be a third-party beneficiary of these Terms and may enforce the provisions hereof as if it were a party to these Terms.
Governing Law: All matters arising out of or relating to these Terms shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule, whether of the State of Georgia or any other jurisdiction.
Dispute: Any claim or cause of action arising under these Terms may be brought only in the federal and state courts located in the State of Georgia, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.
Cancellation: Company may decide in its sole discretion to host the Event virtually. If Company decides to host the Event virtually instead of in person, Company will notify Event ticketholders by email as soon as practicable and provide all necessary information. [Upon Company’s determination, in its sole discretion, to cancel the Event, ticketholders will receive a full refund if they comply with the cancellation instructions and the Event’s refund policy provided by Company on its registration website.]
Force Majeure: Company and its Authorized Persons will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond its reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication failures, earthquake, storms, or other elements of nature, public health emergencies, epidemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
Waiver: I understand that Company’s failure to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit Company’s right to enforce such a provision at a later time. All waivers by Company must be in writing to be effective.
Severability: I further expressly agree that if any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Assignment: I will not assign or otherwise transfer these Terms or any of my rights and obligations under these Terms without Company’s prior written consent.
Entire Agreement: These Terms constitute the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. I have not relied on any statement, representation, warranty, or agreement of Company or of any other person on Company’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in these Terms.
Acknowledgment of Understanding: I represent and warrant that I am at least eighteen (18) years of age, and I have full right, power, and authority to enter into these Terms and grant the rights hereunder. I understand that I have the right to have my attorney review these Terms. I intend for these provisions to be a complete and unconditional release of all liability to the greatest extent allowed by law.
THESE TERMS PROVIDE COMPANY WITH MY ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING COMPANY TO PUBLICIZE AND COMMERCIALLY EXPLOIT MY NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE. BY REGISTERING (CHECKING THE BOX OR CLICKING THE ACCEPT AND CONTINUE BUTTON), I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND UNDERSTOOD ALL OF THE TERMS AND CONDITIONS AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE COMPANY. THESE TERMS ARE BINDING ON AND INURES TO MY BENEFIT AND THE BENEFIT OF COMPANY AND OUR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, SUCCESSORS, AND PERMITTED ASSIGNS.
 Note to TJMC: This period could be longer or shorter but should give participants some lead time to address the Guidelines.
 Note to TJMC: Please advise how it intends to handle cancellation and refunds? Make sure that cancellation and refunds is consistent with the website.