TERMS AND CONDITIONS FOR LIVE EVENTS
If you’re attending an event organized by You Rock Ltd, Marketing Advisory LLC or Matthew Kimberley (Company), you (You, Participant) agree to be bound by the follow Agreement:
A. Participant may cancel this Agreement for any reason by providing written notice to Company. Cancellation of this Agreement by Participant will not automatically extinguish Participant’s obligation to pay the full participation fee.
B. In the event Participant cancels this Agreement, Participant may transfer his or her ticket to another person. The transferee will be required to complete an application, which is subject to approval by the Company. The Company will not accept ticket transfers within days of the start date of an event.
C. Company may cancel this Agreement at any time for any reason by providing written notice to Participant. In the event that Company cancels this Agreement prior to commencement of the event, Company will provide a full refund to Participant. In the event that Company cancels this Agreement after the event commences, Company will provide a prorated refund to Participant.
A. Company cannot guarantee the outcome of the Services and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantees other than that the provision of the Event and Services as advertised shall be provided to Participant in accordance with the terms of this agreement. Participant acknowledges that Company cannot guarantee any results for Services as such outcomes are based on subjective factors that cannot be controlled by Company.
B. Participant acknowledges that the nature of travel requires flexibility and should allow for reasonable alterations to the Services, if necessary. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, fight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.
ACTS OF GOD
The Company is not liable for failure or delay in performance of the Company’s obligations under this Agreement if such failure or delay in performance is as a result of causes and/or circumstances beyond the Company’s reasonable control and without its fault or negligence, including but not limited to accident, illness, Acts of God (including fire, food, earthquake, storm, hurricane, or other natural disaster) or of the Public Enemy, acts of war, acts of the government in its sovereign capacity, fires, foods, epidemics, quarantine restrictions, unusually severe weather, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. Should any such occurrence impede or delay travel and execution of any obligation under this Agreement, every reasonable effort will be made by the Company to mitigate, modify or alter this Agreement as to meet the stated and agreed upon obligations. The Company is not entitled to terminate this Agreement in such circumstances, except by mutual consent and agreement in writing pursuant to the Force Majeure provisions. If the Company asserts Force Majeure as an excuse for failure to perform the party’s obligation, then the Company must prove that it took reasonable steps to minimize delay or damages caused by foreseeable events, that the Company substantially fulfilled all non-excused obligations, and that the Participant was timely notified of the likelihood or actual occurrence of an event described in in this Paragraph 10. Should Force Majeure render the need for Company’s services null and void, Participant agrees to terminate the contract amicably and bear their own expenses incurred to date unless otherwise indicated or specified.
Participant hereby takes the following action for himself or herself, his or her executors, administrators, heirs, next of kin, successors, and assigns:
A. I waive, release, and discharge the Company and/or its directors, officers, employees, volunteers, sponsors, representatives, and agents, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me during the trip or during my travels to and from the Event.
B. I indemnify, hold harmless and promise not to sue the Company or persons mentioned in this document from any and all liabilities or claims made as a result of participation in this Event, whether caused by negligence or otherwise.
C. Participant understands that, while every reasonable precaution has been taken to promote safety, not every situation can be controlled. Therefore, Participant assumes all of the risks of participating in the Trip and agrees to indemnify, hold harmless, and promise not to sue the Company or any party or entity conducting a specific event or activity on behalf of the Company and release those parties from any and all liabilities or claims made as a result of Participant’s attendance and participation in the Event. Under no circumstances will the Company be held liable for Participant’s injury, illness or death or any loss or damage of Participant’s personal belongings resulting from my participation in the Event or during his or her travels to and from the Event. Should Participant require emergency medical treatment as a result of accident or illness arising during Participant’s attendance and participation in the Event, Participant consents to such treatment. Participant acknowledges and agrees to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. Participant will notify the Company verbally and in writing if at any time Participant is injured prior to, during, or after the Event in Participant’s travels or attendance, or if Participant has medical conditions about which emergency medical personnel should be informed; however, Participant understands that Company is not legally obligated to act on that information in any way or to provide any medical service whatsoever to Participant. Participant agrees that if he or she has any medical or psychological conditions that may hamper him or her from fully and healthfully participating in the Event, the Company retains the right to ask that Participant not participate in portions of or the entirety of the Event.
By participating in the Event, Participant understands that portions of the Event may be recorded in video and audio and/or captured in still and/or digital photographs by the Company. Participant agrees that the Company and its assigns have the right and permission to use such recordings and photographs for any purpose without further compensation, permission, or notification.
A. Company represents, warrants and covenants that Company has full authority to enter into this Agreement and that all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel. B. Participant represents, warrants and covenants that Participant has full authority to enter into this Agreement and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Participant’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term. C. Except for the express warranties provided throughout this agreement, neither party makes any other warranties, express or implied.
LIMITATION OF LIABILITY
(a) In no event shall either party have any liability to the other party for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not the party has been advised of the possibility of such damage; and
(b) In no event shall a party’s liability exceed the Fee paid under this agreement, whether in contract, tort or any other theory of liability.
GOVERNING LAW, VENUE AND MEDIATION
Maltese Law shall govern this agreement, and in the event of a dispute you irrevocably submit to the exclusive jurisdiction of the Maltese Courts.