Terms & Conditions
TERMS OF SERVICE
1.1 By registering for, or attending, the Expo, you agree to these Terms. Your attendance shall be in accordance with these Terms. To register for the Expo, you must complete the Expo registration process and pay the applicable registration fee (if any). Unless otherwise permitted in writing by Fixated, you must be at least 18 years of age on the first day of the Expo. Expo registration is subject to availability and may close earlier than the posted deadline, as determined at our sole discretion.
1.2 Fixated may, in its sole discretion, change the Expo program at any time.
1.3 Fixated reserves the right to ask you to leave the Expo if your behavior causes us concern for the safety or security of Expo attendees. If we deny you entry or require you to leave, you will not receive a refund.
2. Cancellation; Refund Policy
2.1 Fixated may cancel and/or postpone the Expo at any time for reasons including, availability or suitability of venue or speakers or on security, health, or safety grounds, and we may deny, limit, or cancel your Expo registration at any time. In the event of Expo cancellation and/or postponement, Fixated shall not be responsible for any damages, direct or indirect, resulting from such cancellation. If the Expo is canceled and/or postponed, and your registration and you are in compliance with these Terms, we can issue you a refund of your Expo registration fee in accordance with the refund policy set forth on these Terms.
2.2 You may cancel your registration at any time prior to and including May 31st, 2022, and receive a full refund. Cancellation after this date – including a no show on the day(s) of the Expo – shall not be eligible for a refund.
2.3 If you or Fixated cancel your registration for the Expo, or Fixated cancels the Expo, the terms and conditions of these Terms which by their terms or substance are intended to survive expiration or termination of this Agreement, shall survive.
3. License to Use.
You grant Fixated, our affiliates, and our independent contractors the right to record, film, photograph, and capture your voice and image in any media at the Expo (the “Items”). By attending the Expo, you grant to Fixated and its affiliates, agents, employees, and assigns an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, modify, and distribute, for any purpose relating to our business, all or any part of the Items and other materials submitted (including, for example, your name and biographical information) or presented by you (in electronic copy, hard copy, or otherwise) (collectively, the “Materials”). We may edit the Materials, 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 moral rights you may have in the Materials.
4. Assumption of Risk
4.1 You acknowledge and agree that your attendance and participation in the Expo is voluntary, and You have been given the opportunity to ask questions regarding your participation. To the maximum extent permitted by law, you agree that you solely assume the risks associated with attending and participating in the Expo.
4.2 You understand and acknowledge that there may be potential risks involved in and related to participation in the Expo. You assume all risks, known and unknown, in any way connected with participation in the Expo. You accept full responsibility for any liability, injury, loss, damage, or death in any way connected with participation in the Expo. You acknowledge that participation in the Expo is at your sole discretion and risk. You release Fixated and its officers, employees, or other agents (collectively, “Releasees”) from any and all liability or claims which may arise from participation in the Expo.
4.3 If you are twenty-one (21) years of age and older you may consume alcohol during the Expo should you choose to do so. However, alcohol consumption is at your own discretion, risk, and liability. Excessive alcohol consumption is not condoned by Fixated. You hereby assume all risks involved with the consumption of alcohol, and unconditionally holds Releasees harmless.
4.4 Specific Acknowledgement and Assumption of Risk Regarding Communicable Diseases, Including COVID-19. Your participation in the Expo includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist. You knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of Releasees or other Participants, and agree to hold Releasees harmless with respect to any and all illnesses, disability, death, or other loss arising from exposure to any communicable disease at the Expo. You agree that if at any time you are experiencing symptoms of any illness, you will not attend the Expo, or if already attending the Expo, will immediately leave such Expo.
5. Disclaimer of Warranties
To the extent permitted by applicable laws, the Expo is provided on an "as is" and "as available" basis. Fixated expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose, including Fixated making no warranty that (a) the Expo (or any portion of the Expo) will meet your requirements or expectations; (b) the Expo will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Expo will be accurate or reliable. You understand and agree that the Expo may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
6. Release of Claims
To the maximum extent permitted by law, you (for yourself, your heirs, dependents, personal representatives, assigns, and anyone else who might make a claim on your behalf or as a result of your death or injury) hereby release Fixated and its affiliates, and their respective directors, officers, employees, contractors, representatives, agents, successors, and assigns, from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and costs) that you may have now or in the future associated in any way with the Expo or the Items.
7. Limitations of Liability
WE AND OUR AFFILIATIES AND LICENSORS WILL NOT BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR (B) LOST PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED USD $100. THE LIMITATIONS IN THIS SECTION 7 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8.1 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.
8.2 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.
8.3 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.
8.4 Assignment; No Third-Party Beneficiaries. You will not assign or otherwise transfer these Terms or any of your rights and obligations under these Terms, without our prior written consent. Any assignment or transfer in violation of this section will be void. We may assign these Terms without your consent (a) in connection with a merger, acquisition, or sale of all or substantially all of our assets or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Fixated as a party to these Terms, and Fixated is fully released from all of its obligations and duties to perform under these Terms. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
8.5 Governing Law. The laws of the State of Washington, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise between the parties. The United Nations Convention for the International Sale of Goods does not apply to these Terms.
8.6 Dispute. If a dispute arises between the parties in connection with the Expo or these Terms (a "Dispute"), including without limitation any Dispute arising out of any monetary amount due to a party hereto - but expressly excluding any breach for which there is a designated cure period and applicable rights and remedies - then prior to bringing any suit, action or proceeding in connection with such Dispute, a Party must first give written notice of the Dispute to the other Party describing the Dispute and requesting it be resolved pursuant to the dispute resolution process (the "Dispute Notice") under this Section 8.6. If the parties are unable to resolve the Dispute within thirty (30) days of delivery of the Dispute Notice, then each party shall promptly (but no later than ten (10) days thereafter): (i) appoint a designated representative who has sufficient authority to settle the Dispute and who is at a higher management level than the person with direct responsibility for the administration of these Terms (the "Designated Representative"); and (ii) notify the other party in writing of the name and contact information of such Designated Representative. The Designated Representatives shall then meet as often as they deem necessary in their reasonable, judgment in order to discuss the Dispute and negotiate in good faith to resolve the Dispute. The Designated Representatives shall mutually determine the format for such discussions and negotiations, provided that each Party shall honor all reasonable requests for relevant information relating the Dispute made by one party to the other party. If the parties are unable to resolve the Dispute within sixty (60) days after the appointment of both Designated Representatives, then either party may proceed with any other available remedy, whether under these Terms, or at law or in equity.
8.7 Modifications to these Terms. We may modify these Terms at any time by posting a revised version on the Expo site. The modified terms will become effective upon posting. By attending the Expo 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 Expo site regularly for modifications to these Terms. We last modified these Terms on the date listed at the beginning of these Terms.
8.8 Entire Agreement. These Terms are the entire agreement between you and Fixated 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 Expo. 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).