TERMS AND CONDITIONS
These are the terms and conditions (the “Agreement”) governing Your participation in any Arival owned and/or operated event, meeting, show, seminar, or conference, whether held as a live, virtual, or hybrid (both live and virtual) event (the “Event”). By registering for the event, You agree to these terms, which form a binding legal contract between the Event owner and host, Arival, LLC (“Arival” or “Owner” or “Organizer”) and the registered attendee (“You,” “Your” or “Attendee”). If You are registering on behalf of another individual, it is Your responsibility to ensure the person participating 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 aware of these terms and that they have accepted these terms.
Access. Your registration entitles You to access the Event for which You have registered. Any and all other costs associated with Your attendance shall be borne solely by You, and the Event shall have no liability for such costs.
Event Content. You acknowledge and agree that the Event, 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. Some Event content may be recorded by Arival and made accessible to paid Attendees.
FEES AND REGISTRATION
Payment. The payment of the applicable fee for the Event is due upon registration. If such payment is insufficient or declined for any reason, Arival may refuse to allow You to access the Event and shall have no liability in that regard.
Event pricing varies based on company type. You are responsible for registering using Your applicable company type.
Taxes. The fees may be subject to sales tax, and value-added tax, or other taxes and duties, which, if applicable, will be clearly stated and charged to You in addition to the fees.
Electronic Communications. Once You have completed Your registration, You will receive Your registration confirmation by email. Please ensure that Your valid email is entered correctly on the registration form. Be sure to check Your junk email box, too, if any of Your Virtual Event email(s) are caught by spam filters. Arival shall not be liable for mis-entered email addresses or other data.
If You do not receive Your registration confirmation and fail to notify us by email at least 24 hours prior to the event, Arival shall not be liable if you cannot view the event live.
You will receive essential Event information for registered attendees electronically at the email address provided on Your registration form.
In addition, You will also be subscribed as an Arival Insiders Free Access member if You are not already a member, which includes notifications of future events as well as the Arival newsletter and other communications. If You would like to opt-out of any of these benefits, a link is provided in each email to provide the ability to opt out.
CANCELLATION, CHANGE AND REFUND POLICY
All cancellations must be submitted in writing to firstname.lastname@example.org. Cancellations outside of 60 days shall be refunded in full without an administrative fee. Cancellations received inside 60 days of the published event start date are subject to loss of all monies paid with no credit for future events. Name change requests are subject to a 100.00 change fee. The currency of fees will be the same as the currency in which tickets are sold.
Virtual Events. Please note that you are still responsible for payment if You do not cancel and do not access the Virtual Event. In no event shall Arival be obligated to refund all or a portion of the registration fee.
Health & Safety Protocols. Arival is committed to producing a successful, productive, and, above all, safe Event for all Attendees, Arival staff, and hotel staff. We are establishing an on-site preparedness plan to allow each attendee to feel as safe as possible and reduce the possibility of COVID transmission. Final protocols will be determined as we get closer to the Event and further understand the COVID pandemics’ status. Decisions will be based on recommendations from the United States Centers for Disease Control and Prevention (CDC) and other health authorities by 60 days prior to the event.
As of now, our safety plans include:
- The basics: Don’t attend if sick or symptomatic, wash hands regularly, and observe social distancing as much as possible.
- Arival will work with the Rosen Shingle Creek staff to ensure all safety protocols and protections are in place. The Rosen Shingle Creek has implemented the Rosen Total Commitment program to ensure the highest level of cleanliness at their hotels.
- We will have trained staff members to monitor our implementation of the preparedness plan and serve as the on-site contact in COVID concerns among participants.
- Screening: Daily screening may take place, which may include temperature checks and rapid screen PCR testing available onsite for anyone who cannot provide proof of vaccine.
- Masks: Please plan to wear a mask (or two!) at all times while in the conference center unless you have a documented medical exemption.
- Meals: lunches will be held outside, weather permitting, and times staggered to reduce the number of people at each table and give us the ability to increase distancing. Additionally, grab-and-go lunches will be offered for those who would prefer not to eat communally (or need to check email!).
- Distancing: To create sufficient space between attendees, we must limit attendance due to capacity restrictions. Under current CDC recommendations, we will allow for 6 feet of distancing wherever possible, including: in the main session hall, breakout rooms, the networking lounge, and meals. We will create a separate entry and exit points and one-way traffic flows where possible. Distancing will be encouraged at social networking functions, and the event will be a ‘handshake-free’ conference.
These protocols will be adjusted as needed.
By registering for the event, you confirm that You will abide by the safety measures that Arival puts into place. Failure to abide by the safety measures may result in the cancellation of Your registration with no refund.
Policies for attendance at the Event will be subject to change as conditions change regarding Covid-19. A final determination of policies will be made no later than 70 days prior to the event start date. This provides You with one week to cancel Your registration if You are not willing or able to comply with the Event policies. Arival reserves the right to set the safety measures at its sole discretion.
An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the CDC, senior citizens and guests with underlying medical conditions are especially vulnerable.
BY ATTENDING ARIVAL, YOU VOLUNTARILY ASSUME ALL RISKS AND AGREE TO HOLD HARMLESS, RELEASE AND INDEMNIFY ARIVAL, ARIVAL’S VENDORS, AND SUPPLIERS FOR ANY AND ALL LIABILITY RELATED TO EXPOSURE TO COVID-19 INCLUDING SERIOUS HEALTH AILMENTS AND DEATH.
CONDUCT OF ARIVAL ATTENDEES
Each Attendee agrees that during Arival, he/she shall conduct themselves professionally and courteously at all times with respect to Arival staff, sponsors, and Attendees. If an Attendee fails to comply with these expectations or behaves in a rude or unacceptable manner, Arival reserves the right to terminate the Attendee’s continued attendance at the Arival Event and will revoke their credentials. The Attendee agrees to return the credentials to an Arival representative upon request and will lose all fees paid to Arival. Expenses resulting from this revocation of Arival credentials are the sole responsibility of the Attendee. See our full Code of Conduct here.
LIMITATIONS ON USE
By registering for an Arival Event ticket, you agree not to sell, trade, transfer, or share your access link and/or code unless the Organizer grants such transfer. If Arival determines that You have violated this policy, Arival may cancel Your access, retain any payments made by You, and ban You from future Events, in addition to any other actions deemed appropriate.
RECORDING, LIVE STREAMING AND VIDEOTAPING
Attendees may not record or broadcast audio or video of sessions at Arival Events.
UNETHICAL/NON-COMPLIANT BUSINESS PRACTICES
Arival reserves the right to deny participation to anyone who engages in or is reputed to engage in unethical or non-compliant business practices
ARIVAL SPONSORSHIP AND OTHER FUNCTIONS/EVENTS
The undersigned hereby acknowledges that Arival provides various companies with the opportunity to sponsor and host a variety of functions and social events during Arival (herein “Sponsored Event”) and that these sponsors pay an additional fee to host these events. To provide the sponsors with the maximum opportunity to host a successful Sponsored Event, Arival will not permit functions, social events, or gatherings of ten or more attendees to take place during the Arival event that would detract from the attendance of Arival attendees at any/all Sponsored Events. Exceptions for special circumstances may be granted if they have been previously requested in writing and approved by an authorized Arival representative. Therefore, the undersigned agrees not to organize, sponsor, or operate any function, social event, or gathering of ten or more attendees, either directly or indirectly, during Arival. If any individual, company, or entity breaches this agreement, the undersigned acknowledges that Arival shall have the right, to terminate the participation of that attendee, as well as any of its/their associates, representatives, and/or employees participating at Arival.
Attendee acknowledges that Arival provides our sponsors with the PII of our Attendees/Attendees and hereby provides consent to have their PII included in the list provided to sponsors. The data provided will be used by sponsor companies for the sole purpose of marketing the products and services of the sponsor companies and will not be sold, traded, or otherwise given to any other company or person. All sponsor companies provided with PII have warrantied that they are GDPR compliant.
Should acts of God, acts of war or terrorism, pandemic, strikes, lockouts, labor disputes, inability to obtain labor or material, governmental restrictions or regulations, judicial order or other casualty or cause, not within the control of Arival make it impractical or impossible for the Arival Event to be held, Arival shall have the right to select an alternate date, and venue for in-person events, and Attendee agrees to participate per the terms and conditions herein.
If Arival is prevented from carrying out its obligations as it pertains to the Event for which You registered as a result of any cause beyond its control, or such Event cannot be conducted Live or Virtually due to any cause, not within the control of the Organizer, (collectively a “Force Majeure”) Arival shall have the right to immediately terminate the affected Event without liability and shall be relieved of its obligations to Registrant. If an affected Virtual Event is terminated due to a Force Majeure occurrence before the first day of the Virtual Event, then Arival will make every effort to reschedule the affected Virtual Event, and Your registration fee will be applied to the rescheduled Virtual Event. In such case, as the Virtual Event cannot be rescheduled within 60 days as a result of any Force Majeure event, Arival shall have the right to immediately and permanently terminate the affected Virtual Event without liability and shall be relieved of its obligations to Registrant.
For purposes hereof, the phrase “cause not within the control of the Organizer” shall include failures of a software or issue with the hosting or other required platform in the case of virtual events, or in the case of all events both virtual and in-person shall include fire, casualty, flood, epidemic, earthquake, explosion or accident, blockage, embargo, inclement weather, governmental restraints, restraints or orders of civil defense or military authorities, act of public enemy, riot or civil disturbance or commotion, malicious damage, sabotage, vandalism, acts of terrorism, or other similar activities, strike, lockout, boycott or other labor dispute or disturbance, inability to secure sufficient labor, technical or other personnel, absence of premises required for the Exhibition, failure, impairment or lack of adequate transportation facilities, inability to obtain or requisition or commandeering of necessary supplies or equipment, change in local, state or other law, ordinance, rule, order, decree or regulation, whether legislative, executive or judicial, and whether constitutional, or act of God and the words “act(s) of” shall include “threat of or perceived threat of”.
A Force Majeure event specifically includes the following:
- If a local, county or state governmental authority issues any order or recommendation: (i) for individuals in the State of the scheduled Event to limit their time away from their residence or property (except for essential activities, functions, and businesses); (ii) for persons arriving at any airport from any one or more major U.S. cities or metropolitan areas (population greater than 1,000,000) to isolate or self-quarantine for any period of time (even if subject to certain exceptions); (iii) to restrict public gatherings in enclosed spaces to less than 400 people in the scheduled county.
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 Arival or the Event sponsors or speakers presenting at the event. You may not use or reproduce or allow anyone to use or reproduce any trademarks or other trade names 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 Arival.
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 Arival or any of its affiliates; nor does this Agreement grant to You any right or license to any other intellectual property rights of Arival or its affiliates, all of which shall at all times remain the exclusive property of Arival and its affiliates.
You as Attendee hereby authorizes Arival to use, reproduce, and/or publish photographs and/or video that may pertain to the Attendee —including image, likeness, and/or voice without compensation. The Attendee understands that this material may be used in various publications, public affairs releases, recruitment materials, broadcast public service advertising (PSAs), or other related endeavors. This material may also appear on the Arival website, web blogs, social media pages, and posts. This authorization is continuous, and Arival may publish materials, use the Attendee’s name, photograph, and/or make reference to the undersigned in any manner that Arival deems appropriate in order to promote/publicize Arival events. The Attendee hereby releases Arival, its partners, employees, contractors and agents, the photographer/videographer, and any other associated vendors from any and all claims or liabilities.
Use of Likeness. By participating in the Event, You acknowledge and agree to grant the Event the right at the Event to record, film, live stream, 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 the Event 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.
WAIVER OF LIABILITY
Attendee and each of its agents, employees, and representatives, hereby waive and release any claim of any type or nature whatsoever against Arival and each of its agents, partners, employees, representatives, successors, and assigns, arising out of or relating to his/her/its participation in Arival or attendance at Arival, including, but not limited to personal injury, damage to personal property, theft, etc. Furthermore, Attendee for itself and each of its agents, employees, and representatives, hereby agree to indemnify and hold harmless Arival and each of its agents, partners, employees, representatives, successors, and assigns from any claim, demand, lawsuit, or dispute of every type or nature whatsoever (including their reasonable attorney’s fees and costs incurred), arising out of or relating to his/her participation in Arival or attendance at Arival.
This contract shall be governed by the laws of the State of Colorado. The prevailing party in any arbitration or litigation concerning the terms and conditions of this proposal shall be entitled to reasonable attorney’s fees and costs.
Disclaimer of Warranties, Limitation of Liability
Arival 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, and merchantability. The Event is provided on an “as-is” basis. The views, opinions, and positions expressed by the speakers, attendees, or sponsors at the Event are theirs alone and do not necessarily reflect the views, opinions, or positions of Arival or any employee thereof. Arival makes no representations as to accuracy, completeness, timeliness, suitability, or validity of any information presented by speakers, attendees, or sponsors at an Arival Event and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. Arival does not endorse and expressly disclaims all liability relating to any of the products or services provided by speakers, attendees, or sponsors.
Except as required by law, neither Arival 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 or other aspect related thereto or in connection with this Agreement.
The maximum aggregate liability of Event 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 Arival under this Agreement.
Arival’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. Arival shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Arival’s reasonable control. 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 Arival’s prior written consent. This Agreement shall be governed by the laws of the State of Colorado, and the parties shall submit to the exclusive jurisdiction of the Colorado courts. A party that substantially prevails in action brought under this Agreement is entitled to recover from the other party its reasonable attorneys’ fees and costs. 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 the subject matter of this Agreement and that all modifications must be in 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 Arival in any respect whatsoever.