What Level is Your Design Business?

LuAnn Live Terms & Conditions

These are the terms (the “Agreement”) governing your attendance at and participation in any event run by LuAnn Nigara, Inc. (the “Event”). By registering for the Event, you agree to these terms, which form a binding legal contract between LuAnn Nigara, Inc. (“LNI”) and the registered attendee or participant (“you”). If you are registering on behalf of another individual, it is your responsibility to ensure the person attending is aware of these terms and accepts them. By completing the registration on behalf of another individual you are warranting that you have made the attendee or participant aware of these terms and that they have accepted these terms.

Section 1: Attendee Requirements

1.1 Admittance. Your registration entitles you to admittance to the Event for which you have registered. Any and all other costs associated with your attendance shall be borne solely by you, and LNI shall have no liability for such costs.

1.2 Use of Likeness. By attending the Event you acknowledge and agree to grant LNI the right at the Event to record, film, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to LNI includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.

1.3 Event Content. You acknowledge and agree that LNI, in its sole discretion, reserves the right to change any and all aspects of the Event, including but not limited to, the Event name, themes, content, program, speakers, performers, hosts, moderators, venue, and time.

1.4. Age Requirement.  The Event is limited to attendees that are over the age of 21.  LNI does not permit babies or children to attend the Event.  You represent and warrant that you are over the age of 21.  Any violation of this clause is cause for immediate expulsion from the Event without a refund of ticket price.   LNI is not responsible for any damages for a failure to abide by this clause.

1.6.   Conduct.  While attending the Event, you must conduct yourself in a professional manner that is welcoming to all participants and free from any form of discrimination, harassment, intimidation by verbal or physical in nature or retaliation.   

Section 2: Prohibited Conduct

2.1 Limitations on Use.  Tickets to an Event are not transferable without express permission from LNI. All transfer requests must be sent to info@luannnigara.com and a representative of LNI will confirm your transfer.  If you do not receive confirmation, it is your responsibility to contact LNI until you receive such confirmation otherwise your ticket may not be transferred.  The deadline to transfer a ticket is one week prior to the start of the Event.   After that time, transfers are no longer permitted.

2.2 Disruptive Conduct. You acknowledge and agree that LNI reserves the right to remove you from the Event if LNI, in its sole discretion, determines that your presence or behavior is creating a disruption or hindering the Event or the enjoyment of the Event by other attendees. In the event you are asked to leave the Event due to this provision, you will not receive a refund of your ticket price and LNI will not be liable to you for any damages. 

2.3 Photography, Recording, Live Streaming, and Videotaping. Attendees may not record or broadcast audio or video of any part of the Event. 

2.4 Suitcasing and Outboarding.  LNI may immediately remove (without a refund of the ticket price), at LNI’s sole discretion, any attendee or person at the Event that sells, markets, or represents a company or organization for the purpose of obtaining advertising, sales, or subscriptions from any attendee, sponsor, or exhibitor.  You acknowledge and agree that this practice of suitcasing and outboarding, including “informal” meetings, are strictly prohibited at the Event.  This includes, but is not limited to, soliciting attendees through email or in person or any unsanctioned commercial activity conducted from a hotel guest room or suite, a local restaurant, bar, club or public place.  Suitcasing can occur at venues outside of the Event venue.  LNI encourages you to report any suitcasing or outboarding activity that you observe to Event management.  Please note this prohibition applies to all types of attendees.  LNI expressly disclaims any liability to you for your removal from the Event pursuant to this clause.

2.5 Refusals. In addition to the requirements and prohibitions set forth in this Section 2, LNI may also exclude any prospective attendee from registering for or attending any Event, in LNI’s sole discretion. Furthermore, LNI reserves the right to cancel, in its sole discretion, any attendee’s registration upon refund of the admission fees paid to LNI; provided, however, that if an attendee is removed and/or their registration is cancelled for violating any prohibition or requirement set forth in these terms, LNI may retain all fees paid.

Section 3: Fees and Refunds

3.1 Payment. The payment of the applicable fee for the Event is due upon registration. If such payment is insufficient or declined for any reason LNI may refuse to admit you to the Event and shall have no liability in that regard.

3.2 Taxes. The fees may be subject to sales tax, value added tax, or other taxes and duties, which, if applicable, will be charged to you in addition to the fees.

3.3 Refunds.  If you are unable to attend an Event that you have registered and paid for, LNI will provide a full refund up to one month prior to the start of the Event (the “Cancellation Date”) provided you properly notify LNI of your cancellation.  All cancellation requests must be sent to info@luannnigara.com and a representative of LNI will confirm your cancellation.  If you do not receive confirmation, it is your responsibility to contact LNI until you receive such confirmation otherwise you may not be entitled to a refund.  If you cancel your reservation for an Event after the Cancellation Date or fail to show for an Event, you will not be entitled to receive a refund.

Section 4: Privacy 

LNI owns and operates the Events and is committed to protecting the privacy of its attendees. LNI does not rent, share, or sell your contact information or other personal information to any third parties, unless you are expressly notified that LNI will be sharing your information with Event vendors. 

Section 5: Intellectual Property

5.1 All intellectual property rights in and to the Event, the Event content, and all materials distributed at or in connection with the Event are owned by LNI. You may not use or reproduce or allow anyone to use or reproduce any trademarks or other trade names or copyrighted material appearing at the Event, in any Event content or in any materials distributed at or in connection with the Event for any reason without the prior written permission of LNI.

5.2 For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by LNI or any of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual property rights of LNI or its affiliates, all of which shall at all times remain the exclusive property of LNI and its affiliates.

Section 6: Disclaimer of Warranties, Limitation of Liability, Assumption of Risk, Indemnity

6.1 No Warranties.  LNI gives no warranties in respect of any aspect of the Event, or any materials related thereto or offered at the Event and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, availability and merchantability. The Event is provided on an “as-is” and “as-available” basis. LNI makes no warranty that virtual Events will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Event. LNI is not responsible to you for the loss of any content or material uploaded or transmitted through the Event. LNI makes no representations or warranties in relation to the information provided during the Event.  Neither LNI nor its affiliates accept any responsibility or liability for reliance by you or any person on any aspect of the Event or any information provided at the Event.  All of the information provided at the Event is for informational use only. There is no guarantee that you will see positive results to your business using the techniques and materials provided during the Event. LNI assumes no responsibility for your decisions or for policies or practices that you implement based on information in the Event. Any statements related to income or earnings potential made during the Event are examples of what may be possible in the future. LNI makes no guarantees regarding results, present or future. LNI is not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided at the Event. Purchase of a ticket or attendance at an Event does not form any relationship between the user and LNI.  All views expressed by speakers or presented are their own.  

6.2 Limitation of Liability.  Except as required by law, neither LNI nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Event, your presence on any Event location or other aspect related thereto or in connection with this Agreement.  LNI assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided through an Event. 

6.3 Maximum Liability.  The maximum aggregate liability of LNI for any claim in any way connected with, or arising from, the Event or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to LNI under this Agreement.

6.4  Assumption of Risk.  You agree to carefully consider the inherent risks in any activities that you choose to take part in and to take reasonable precautions before you choose to attend or participate at an Event. For example, you should ensure that you are in good physical health before engaging in any physical activity at an Event, and you should always drink responsibly if alcohol will be present at an Event.  

For in-person events, LNI has put in place preventative measures to reduce the spread of COVID-19. Nonetheless, LNI cannot guarantee that you, anyone in attendance during the Event or any visitor to the premises where the Event is provided will not become infected with COVID-19.

You acknowledge the contagious nature of COVID-19 and voluntarily assumes the risk that any person present during the Event or any visitor to the Event premises may be exposed to or infected by COVID-19 and that such exposure or infection may result in personal injury, illness, permanent disability, and death. 

You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind.  You hereby release, discharges, and hold Company harmless from any liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto.

In sum, you understand that your attendance and participation at the Event is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law, including in connection with the transmission of COVID-19.

6.6  Indemnification.  You agree to indemnify and hold LNI, its parents, subsidiaries, affiliates, officers, directors, employees, agents and representatives harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to, related to, or connected with your attendance or conduct at an Event.

Section 7.  Force Majeure.  

LNI shall not be held responsible for any delay or failure in performance of its obligations hereunder to the extent such delay or failure is caused by fire, flood, strike, civil, governmental or military authority, acts of God, acts of terrorism, acts of war, pandemic, epidemics, the availability of any Event venue or other similar causes beyond its reasonable control and without the fault or negligence of LNI or its subcontractors.  For one or more of such reasons, LNI may postpone, reschedule or cancel the Event without liability on the part LNI.  In the event the Event cannot be held or is postponed pursuant to this section, LNI shall not be liable to attendee for any damages, costs, or losses incurred, such as transportation costs, accommodations costs, or financial losses.  LNI will review refund and/or fee transfer requests, submitted in writing, for approval on a situational basis.

Section 8: Miscellaneous 

LNI’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with LNI’s prior written consent. This Agreement shall be governed by the laws of the State of New Jersey and jurisdiction of any disputes under this Agreement shall lie in Essex County, New Jersey. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to  your attendance at the Event, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you acknowledge that you do not have any authority of any kind to bind LNI in any respect whatsoever. 

What Level is Your Design Business?