Damn Good Marketing Live Event Terms of Purchase

PARTIES. In consideration of being permitted to participate in and attend the event, Damn Good Marketing Live on October 8-9, 2024 (the “Event”), and the value you will gain by participating in and attending the Event, you hereby agree to these Terms of Purchase. These Terms of Purchase are entered into between You and Shelby Clement Marketing, LLC, a Louisiana limited liability company (hereinafter “Company”, “we” or, “us”). You and the Company are collectively referred to herein as the “Parties”.

RESERVATIONS AND PAYMENT. You may only register for and attend the Event in accordance with these Terms. To reserve your place at the Event, you must make full payment on our website through Wix.com, a third party. You agree and warrant that all payment instruments, credit cards and related information, i.e. billing address, used in connection with the Event that is provided for a fee, are correct and that you are authorized to use such payment instrument. This payment is non-refundable. Once we receive your payment, we will send you a confirmation of your participation to the email address you used to register. You may not resell, assign, or transfer your ticket to the Event. 

SAFETY AND SECURITY. Your safety and security are important to us. You understand that you and your property may be subject to a reasonable search upon entry to the Event and you may be asked to provide photo identification. If you refuse to participate in these security measures, we may deny you entry. We also reserve the right to ask you to leave the Event if your behavior causes us concern for the safety or security of Event attendees. If we deny you entry or require you to leave, you will not receive a refund.

CANCELLATION POLICY. Please note that no refunds or discounts will be given for late arrivals, early departures, flight cancellations, travel delays, or illness. If you cancel your participation for any reason, the following cancellation policy will apply, without exceptions. We would like to compensate individuals who have unforeseen situations (illness, family causes, emergencies, etc.); however, we have costs that are already assumed when you purchase a ticket to attend the Event. To better protect yourself, we strongly advise you to purchase travel insurance.

• a.    If you are unable to attend the Event, we will not issue any credits or a refund of your Event registration fee.

• b.    If we cancel the Event at any time for reasons including, for example, availability or suitability of venue or speakers or on security, health, or safety grounds, we may deny, limit, or cancel your Event registration at any time. We are not responsible for any damages, direct or indirect, resulting from such cancellation. If we cancel the Event or your registration and you are in compliance with these Terms, we will issue you a refund of your Event registration fee. However, we will not reimburse you for any travel or flight expenses you have booked to attend the Event. In the unlikely situation that the Event must be canceled due to a natural disaster or political unrest, we will not be able to guarantee a refund, as it will depend on whether we receive a refund from the vendors and companies we work with. To cover these risks, we recommend that you purchase travel insurance through a third party.

INTELLECTUAL PROPERTY RIGHTS. All content and features displayed at the Event, including but not limited to information, software, images, text, designs, graphics, video, audio, written materials, presentations and the arrangement thereof, are owned by the Company, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws.  The Company name, trademarks, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You may not use such trademarks or other intellectual property belonging to the Company without the prior written consent of the Company. 

NO REPRODUCTION. You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material displayed at the Event or provided to attendees of the Event.

FORCE MAJEURE. We and our affiliates 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 our 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, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. 

RELEASE OF LIABILITY AND ASSUMPTION OF RISK. BY REGISTERING FOR, PARTICIPATING IN AND ATTENDING THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOUR ATTENDANCE AND PARTICIPATION IN THE EVENT IS VOLUNTARY AND THAT YOU UNDERSTAND THE NATURE OF THE EVENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SOLELY ASSUME THE RISKS ASSOCIATED WITH ATTENDING AND PARTICIPATING IN THE EVENT, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OR GROSS NEGLIGENCE OF THE COMPANY OR OTHERWISE.  You hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, manager(s), employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, "Releasees"), on account of any and all injury, disability, death, or property damage arising out of or attributable to your participation in and attendance at the Event. You covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. 

INDEMNIFICATION. You shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to your participation in and attendance at the Event. 

MEDICAL TREATMENT. You hereby consent to receive medical treatment deemed necessary if you are injured or require medical attention during your attendance at the Event. It is your responsibility to inform the Event staff if you have any injury. You understand and agree that you are solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. You hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services. We accept no responsibility for any illness, personal injury or death caused to you or a fellow Event participant or attendee.  

EARNINGS DISCLAIMER. While we may reference certain results, outcomes or situations at the Event, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements made or the likelihood of success for you as a result of these statements. You understand that individual results and outcomes will vary. We cannot guarantee your success merely by your attendance at the Event or your access, purchase or completion of any material provided relating to the Event. Any results provided at the Event are not guaranteed or typical. 

PHOTOGRAPHY AND VIDEOGRAPHY RELEASE. You grant us, our affiliates, and our independent contractors the right to record, film, photograph, and capture your voice and image in any media at the Event (the “Recordings”). You grant and assign to us an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, modify, distribute, and translate, for any purpose relating to the Company’s business, all or any part of the Recordings. We may edit the Recordings, use them alone or together with other information, and allow others to use and disseminate them. To the maximum extent permitted by law, you waive any rights you may have in the Recordings. By participating in and attending the Event, you agree that we may derive information from recordings of your voice and images of your face and retain and use all resulting information. You represent and warrant that you have the necessary rights and permissions to grant the license discussed herein.

DISCLAIMER OF LIABILITY FOR THIRD PARTIES. The Company has no liability for any acts, omissions, or defaults, negligent or otherwise, of airlines, car rental operators, ferry companies, hoteliers, tour operators, or any other suppliers. We have no liability for any loss or damage caused by the negligence, act, or omission of any supplier or other third party. We reserve the right to cancel or modify itineraries or reservations when circumstances require it. In circumstances where the Company’s liability cannot be excluded, such liability is limited to the value of the Event. 

ALCOHOL DISCLAIMER. If you choose to consume alcoholic beverages during the Event, you do so at your own risk. You must be of legal drinking age to consume any alcoholic beverages. By consuming any alcoholic beverages at the Event, you confirm that you are over 21 years of age.  

ALLERGY DISCLAIMER. If Company chooses to provide snacks and meals during the Event, any attendees with food allergies must make Company, and any applicable third party preparing or serving any food, aware of any allergens and the severity of them. Company is not a certified nutritionist or registered dietician. You agree that Company is not and will not be liable or responsible for any allergic reactions or other injury as a result of your participation and attendance at the Event. 

WAIVER. The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

SEVERABILITY. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest will remain in full force and effect.

MODIFICATION OF THESE TERMS. We may modify these Terms at any time by posting a revised version on the Company’s website or the website whereby tickets to the Event are purchased. The modified terms will become effective upon posting. By attending the Event after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check the Company’s website or the website whereby tickets to the Event are purchased regularly for modifications to these Terms. We last modified these Terms on the date listed at the beginning of these Terms. 

ENTIRE AGREEMENT. These Terms are the entire agreement between you and us regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms). The English version of these Terms will control if there is any conflict. 

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana without giving effect to any choice or conflict of law provision or rule.

MEDIATION. In the event a dispute shall arise between the Parties that is related to or arises out of these Terms of Purchase, the Parties agree to attempt to resolve the dispute through mediation. The mediation will take place in Covington, Louisiana or remotely via Zoom. The Parties agree to cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. For a mediation, the parties will agree to use commercially reasonable efforts to begin the mediation within 15 business days of the selection of the mediator and to conclude the mediation with 30 days of the start of the mediation. The costs of the mediation will be equally split between the Parties. If the Parties fail to agree at the completion of the mediation, the requesting part may commence legal proceedings to resolve the dispute.

JURISDICTION AND VENUE. If the Parties cannot resolve any dispute for any reason, including, but not limited to, the failure of either party to agree to enter into mediation or agree to any settlement proposed by the mediator, either party may file suit in a court of competent jurisdiction in the state or federal courts of Covington, Louisiana and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.