Event Terms of Service

These Terms of Service (“Terms”) govern your registration for and attendance to any event hosted, organized, or sponsored by H. Berkman & Associates, LLC, DBA Lines in Time (“Company,” “we,” “us,” or “our”) (each, an “Event”). 

Please read these Terms carefully before you register for an Event.  By registering for an Event or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms, our Terms of Use and our Privacy Policy, incorporated herein by reference.  If you do not want to agree to these Terms, the Terms of Use, or the Privacy Policy, you must not, register for an Event.

Our Events are offered and available to attendees who are 18 years of age or older.  By registering for an Event, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not register for an Event.

1. Registration and Payment
   1. Payment in full is required at the time of registration to secure attendance at any Event.  You are responsible for any taxes, fees, or charges imposed by payment processors or financial institutions.
   2. Registrations are non-transferable unless expressly approved in writing by Company.
   3. Company reserves the right to refuse or revoke admission at its sole discretion, including for violations of these Terms or Event policies.
2. Cancellation and Refund Policy
   1. All cancellation requests must be submitted in writing.
   2. Full refund will be provided if cancellation is made 15 days or more prior to the Event date, or prior to the first day of multi-day Events.
   3. 50% refund will be provided if cancellation is made between 14 and 5 days prior to the Event date, unless Company is able to fill the spot from a waiting list, in which case a full refund will be issued.
   4. No refund will be provided if cancellation is made fewer than 5 days prior to the Event date, unless Company is able to fill the spot from a waiting list, in which case a full refund will be issued.
   5. Company reserves the right to modify the Event program, speakers, schedule, format (including virtual conversion), location, or capacity of the Event in its discretion.  In the event of cancellation by Company, registrants will receive a full refund of the amount paid for the registration fees.  Company is not responsible for travel, lodging, or other incidental expenses.
   6. Subject to capacity and security considerations, Company may permit attendee substitutions up to 30 days before the Event upon written request.  Any permitted transfer is subject to Company’s approval and any applicable administrative requirements.
3. Assumption of Risk
   1. You acknowledge that attendance at an Event may involve inherent risks, including but not limited to risks associated with travel to and from the Event, use of Event facilities, participation in Event sessions or activities, interaction with other attendees, and exposure to illnesses or hazardous conditions.
   2. By attending an Event, you voluntarily assume all risks, known and unknown, associated with your participation, including but not limited to risks arising from the venue, activities, other attendees, or environmental conditions.
   3. You agree to comply with all health, safety, and security measures required by Company or the Event venue.
   4. You are responsible for your personal property at all times.  The Company is not responsible for loss, theft, or damage to personal property brought to the Event.
   5. The Event may include products, services, or content provided by third parties.  Company is not responsible for third-party acts or omissions.  Your use of third-party offerings may be subject to separate terms with those providers.
4. Indemnification
   1. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your attendance at an Event, or your  negligent, willful, or unlawful acts or omissions in connection with the Event.
5. Limitation of Liability
   1. COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING ANY DEATH, PERSONAL INJURY, LOSS OF USE, LOSS OF PROFITS OR GOODWILL, LOSS OF DATA, DAMAGE TO DEVICES, EQUIPMENT, HARDWARE, SOFTWARE OR OTHER PROPERTY, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS, ARISING OUT OF OR IN CONNECTION WITH THE EVENT, THE EVENT VENUE, THE EVENT LOCATION, TRANSPORTATION TO OR FROM THE EVENT, THIRD-PARTY SERVICES, ANY ACTS OR OMISSIONS OF OTHER ATTENDEES OR THIRD PARTIES, OR OTHERWISE IN ANY WAY RELATING TO THESE TERMS OR ANY EVENT, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
   2. IF AND TO THE EXTENT COMPANY IS LIABLE FOR ANY INDIRECT OR DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE EVENT, THE EVENT VENUE, THE EVENT LOCATION, TRANSPORTATION TO OR FROM THE EVENT, THIRD-PARTY SERVICES, ANY ACTS OR OMISSIONS OF OTHER ATTENDEES OR THIRD PARTIES, OR THESE TERMS, THEN, THE AGGREGATE LIABILITY OF COMPANY FOR SUCH INDIRECT OR DIRECT DAMAGES WILL BE LIMITED TO THE AMOUNT YOU PAID TO COMPANY FOR ACCESS TO THE EVENT GIVING RISE TO SUCH CLAIM.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, THE FOREGOING SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. Event Location Incident Release and Waiver
   1. Company is not responsible or liable for any incidents occurring at or related to the Event venue or location, including without limitation the conditions of the Event venue, acts or omissions of venue owners, operators, staff, or third parties, loss, theft, or damage to personal property, accidents, injuries, or incidents occurring at or around the Event venue or location (“Event Location Incident”).
   2. To the fullest extent permitted by law, you hereby fully and forever waive any and all claims that you have or may have in the future against the Company and release the Company from any and all liability for any loss, damage, expense or injury, including death, that you may suffer or that your spouse, children, parents, heirs, assigns, and personal representatives or estate may suffer as a result of an Event Location Incident due to any cause whatsoever, including negligence, breach of contract, breach of statute, breach of regulation, breach of any statutory or regulatory duty of care and/or warranty by Company, and also including any failure on the part of Company to take reasonable steps to safeguard or protect you from the risks, dangers or hazards of your attendance at the Event location. You agree that the waiver and any rights, duties and obligations as between the parties to the waiver shall be governed in accordance with the laws of the state of Oregon and no other jurisdiction.  You also agree that any litigation, actions, suits or claims brought by you, your spouse, your children, your parents, your heirs, your assigns, your personal representatives or your estate against Company arising or connected in any way to an Event Location Incident, will be brought solely within the state of Oregon and will be in the exclusive jurisdiction of the courts of the state of Oregon unless otherwise agreed to by the parties to the waiver.  You agree that if any portion of the waiver is found to be void or unenforceable, the remaining portions shall remain in full force and effect.  You agree that this waiver will be effective and binding upon your spouse, children, parents, heirs, assigns, personal representatives, and estate in the event of your death or incapacity.
7. Photography and Video Release
   1. By attending the Event, you grant Company a perpetual, worldwide, royalty-free, irrevocable, sublicensable, and transferable license and release to photograph, record, stream, livestream, and otherwise capture your image, voice, likeness, name, statements, and biographical information at or in connection with the Event, and to use, reproduce, publish, display, perform, adapt, edit, distribute, and exploit the same, in whole or in part, in any and all media now known or later developed, for any lawful purpose, including commercial, advertising, and promotional purposes, without further notice, approval, attribution, or compensation to you.  You waive any rights of inspection or approval and any claims based on rights of publicity, privacy, moral rights, or similar theories to the extent permitted by law.  If you do not wish to be recorded, it is your responsibility to avoid cameras and recording devices and to notify Company staff, venue staff, and any third-parties conducting such recording; Company does not guarantee it can honor such requests in public Event areas.
8. Privacy
   1. Company may collect, use, and share personal information related to your registration and participation in the Event for purposes including administration, security, customer service, marketing, and compliance.  Additional details are provided in Company’s Privacy Policy available at Privacy Policy  By registering, you consent to all actions we take with respect to your information consistent with our Privacy Policy.
9. Code of Conduct
   1. Attendees are expected to behave in a professional, respectful manner and comply with all applicable laws, Event venue and location rules, and Event policies communicated by Company or the Event venue.  Company reserves the right to remove any attendee whose conduct is unlawful, disruptive, unsafe, in violation of these Terms, or inconsistent with the purpose of the Event, without refund.
10. Intellectual Property
    1. The Event and all content made available in connection with the Event, including but not limited to all presentations, speeches, panel discussions, workshops, audiovisual materials, slides, recordings, demonstrations, written materials, handouts, signage, software, designs, trademarks, logos, and any other materials or content (collectively, the “Event Materials”), are owned by the Company, its affiliates, licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
    2. Attendance at the Event grants you a limited, revocable, non-exclusive right to access and view the Event solely for non-commercial purposes.  Except as expressly permitted in writing by the Company, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, transmit, share, sell, license, or otherwise exploit any Event Materials, in whole or in part, by any means.
    3. Without limiting the foregoing, you must not, without the Company’s prior express written consent:
       1. 10.3.1.Other than for use on personal (non-commercial) social media posts and content, record, photograph, livestream, broadcast, or otherwise capture any Event session, presentation, or activity, whether by audio, video, screen capture, or other means;
       2. 10.3.2.Reproduce, copy, distribute, or share any Event handouts, slides, or written materials, whether in physical or electronic form or on any social media;
       3. 10.3.3.Use any Event Materials for commercial purposes, including marketing or promotional purposes;
       4. 10.3.4.Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices included in the Event Materials; or
       5. 10.3.5.Use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying content.

So long as consistent with the above, you are welcome and encouraged to post on personal (non-commercial) social media accounts about the Event and your participation in the Event. 

1. 1. No right, title, or interest in or to the Event or any Event Materials is transferred to you as a result of your attendance, and all rights not expressly granted are reserved by the Company.  Any unauthorized use of the Event or Event Materials may result in removal from the Event without refund, termination of access to future Events, and may constitute a violation of applicable intellectual property laws.
   2. The Company name, the Company logo, and all related names, logos, product and service names, event names, designs, and slogans displayed or used in connection with the Event are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, event names, designs, and slogans at an Event are the trademarks of their respective owners.
2. Force Majeure
   1. Company shall not be liable or deemed in breach for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, weather, fire, flood, epidemic, strike, labor dispute, war, terrorism, government action, internet or utility failure, or venue unavailability.  In such circumstances, Company may modify, postpone, or cancel the Event without liability beyond any applicable refund described in Section 2.
3. Accessibility and Accommodations
   1. Company strives to accommodate attendees with disabilities.  Accommodation requests should be submitted to heidi@linesintimeexperiences.com at least 15 days before the Event.  Company will make reasonable efforts to address timely requests consistent with applicable law and venue capabilities.
4. Governing Law; Dispute Resolution
   1. These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict of law principles.  All matters relating to an Event and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction).
   2. Any dispute, controversy, or claim (“Dispute”) arising out of, or related to, these Terms or an Event, shall be resolved according to the following procedure: A party shall send written notice to the other party of any Dispute (“Dispute Notice”).  If the parties are unable to resolve the dispute through informal negotiations within thirty (30) days of the Dispute Notice, the parties shall 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 mediation proceedings, which shall take place in Bend, Oregon.  The parties agree to use commercially reasonable efforts in participating in the mediation. The parties agree that the mediator’s fees and expenses and the costs incidental to the mediation will be shared equally between the parties, except that each party shall be responsible for their own travel or other personal expenses.  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, by the later of thirty (30) days following the mediation date or one hundred and twenty (120) days following the date of the Dispute Notice, either party may file suit.  Any such Dispute will be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon, in each case located in the City of Bend and County of Deschutes, although Company retains the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
   3. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR AN EVENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
5. Waiver and Severability
   1. No waiver by the Company of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
   2. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
6. Entire Agreement
   1. The Terms, our Terms of Use, and our Privacy Policy, constitute the sole and entire agreement between you and the Company regarding an Event and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding an Event.
7. Your Comments and Concerns
   1. All feedback, comments, requests for technical support, request for registration transfers, and other communications relating to an Event should be directed to: heidi@linesintimeexperiences.com.