Updated as of 5/25/2023
These Terms of Services, together with the Privacy Policy, and all other applicable policies, rules, or regulations (collectively, the “Terms”) represent an agreement between you and Beardy Brandon LLC and Fixated Events LLC (Beardy Brandon LLC and Fixated Events LLC collectively known as “Fixated” or “we’), and govern your registration for and participation at the BetterMarriage Retreat (“BetterMarriage Retreat”).
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 BetterMarriage Retreat (the “Items”). By attending the BetterMarriage Retreat, 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.
4.1 You acknowledge and agree that your attendance and participation in the BetterMarriage Retreat 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 BetterMarriage Retreat.
4.2 You understand and acknowledges that there may be potential risks involved in and related to participation in the BetterMarriage Retreat. You assumes all risks, known and unknown, in any way connected with the participation in the BetterMarriage Retreat. You accept full responsibility for any liability, injury, loss, damage or death in any way connected with participation in the BetterMarriage Retreat. You acknowledge that participation in the BetterMarriage Retreat 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 BetterMarriage Retreat.
4.3 If you are twenty-one (21) years of age and older you may consume alcohol during the BetterMarriage Retreat 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 BetterMarriage Retreat 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 BetterMarriage Retreat. You agree that if at any time you are experiencing symptoms of any illness, you will not attend the BetterMarriage Retreat, or if already attending the BetterMarriage Retreat, will immediately leave such BetterMarriage Retreat.
To the extent permitted by applicable laws, the BetterMarriage Retreat 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 BetterMarriage Retreat (or any portion of the BetterMarriage Retreat) will meet your requirements or expectations; (b) the BetterMarriage Retreat will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the BetterMarriage Retreat will be accurate or reliable. You understand and agree that the BetterMarriage Retreat 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.
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 BetterMarriage Retreat or the Items.
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 BetterMarriage Retreat 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 BetterMarriage Retreat site. The modified terms will become effective upon posting. By attending the BetterMarriage Retreat 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 BetterMarriage Retreat 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 BetterMarriage Retreat. 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).
BEARDY BRANDON LLC AND FIXATED EVENTS LLC PRIVACY STATEMENT
Beardy Brandon LLC and Fixated Events LLC (“Fixated” or “we”), by and through its affiliates, respects your privacy and are committed to protecting any personal data that you provide to us. This Privacy Statement outlines our privacy practices regarding: (a) the types of Personal Data (as defined directly below) we may collect from you, or that you may provide when you visit this site; and (b) our practices for collecting, using, maintaining, protecting, and disclosing that Personal Data.
For the purposes of this Privacy Statement, ‘Personal Data’ is any data which relates to an individual who may be identified from that data, or from a combination of a set of data, and other information which is or may be in possession of Fixated.
In general, you may browse Fixated’s site without providing any Personal Data. However, certain information, including your IP address, may be collected in order to provide better usability, troubleshooting, site maintenance, and to understand which parts of the website are visited and how frequently. Moreover, your attendance to Fixated’s and BetterLife’s BetterMarriage Retreat (“BetterMarriage Retreat”) may require registration that, among other information, may include Personal Data.
When you register on our site for the BetterMarriage Retreat, or any other event, as a request for further information, or would like to comment on our content, we may require you to provide us with certain Personal Data
We do not generally seek to collect sensitive personal data (also known as “special categories”) through this site or otherwise. In the limited cases where we do seek to collect such data, we will do this in accordance with local data privacy law requirements. If you choose to provide us with unsolicited sensitive personal data, you consent to our using the data, subject to applicable law as described in this Privacy Statement. The term “sensitive personal data” refers to the various categories of personal data identified by certain data privacy laws as requiring special treatment, which may include personal identity numbers, financial account information, racial or ethnic origin, political opinions, religious, philosophical or other similar beliefs, membership of a trade union or profession or trade association, physical or mental health, biometric or genetic data, sexual life, or criminal record (including information about suspected criminal activities).
Fixated may share your Personal Data with select third parties for marketing purposes. By registering for the BetterMarriage Retreat, or other Fixated events, or for otherwise requesting further information, you acknowledge and agree that Fixated may share your Personal Data with select third parties, who’s use of such Personal Data is beyond the control of Fixated and may be subject to that third party’s own privacy policy. You hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to Claims (as defined below) for unauthorized use of Personal Data, violation by any third party of applicable law, invasion of any rights of privacy, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world arising directly or indirectly from the custody, control, access, or use of Personal Data by any third party, and whether resulting in whole or in part by the negligence of Fixated or any other person, covenant not to make or bring any such Claim against any Authorized Persons, and forever release and discharge the Fixated including Fixated’s subsidiaries, affiliates, predecessors, successors, and assigns, and all of their respective officers, directors, employees, shareholders, trustees, and partners, in their corporate and individual capacities, from any and all claims, demands, actions, causes of actions, obligations, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys’ fees) of any kind whatsoever (collectively, “Claims“).
When required, Fixated may disclose Personal Data to external law enforcement bodies or regulatory authorities, in order to comply with applicable laws.
3.1 What are Cookies? Cookies are text files containing small amounts of information which are downloaded to your computer or mobile device when you visit a site and allow a site to recognize your device.
3.2 What does Fixated use cookies for? Fixated may use information collected from our cookies to identify user behavior and to serve content and offers based on your profile, and for the other purposes including those outlined directly below, to the extent legally permissible in certain jurisdictions. Some of the cookies we use don’t collect information that identifies a visitor. In other cases, we can associate cookie information with an identifiable individual. For example:
3.3 Combining Personal Data. Fixated may combine data from publicly available sources, and from our different e-mail, website, and personal interactions with you (this includes information collected across our different websites such as our careers and corporate sites and information collected when you sign-up or log on to our sites or connect to our sites using your social media credentials. We combine this data to better assess your experience with Fixated and to perform the other activities described throughout our Privacy Statement.
3.4 Third Party Cookies. Some cookies we use are from third party companies, such as Google Analytics, and Sitecore Analytics, to provide us with web analytics and intelligence about our sites. These companies use programming code to collect information about your interaction with our sites, such as the pages you visit, the links you click on and how long you are on our sites. This code is only active while you are on a Fixated website. For more information on how these companies collect and use information on our behalf, please refer to their privacy policies.
4. CUSTOMER RELATIONSHIP MANAGEMENT (CRM) DATABASES
Fixated may use customer relationship management (CRM) database technology to manage and track our marketing efforts. Our CRM databases include personal data belonging to individuals at our client and other companies with whom we already have a business relationship or want to develop one. The personal data used for these purposes includes relevant business information, such as: contact data, publicly available information (e.g. board membership, published articles, press releases, your public posts on social media sites if relevant for business purpose), your responses to targeted e-mail (including web activity following links from our e-mails), website activity of registered users of our website, and other business information included by Fixated professionals based on their personal interactions with you. If you wish to be excluded from our CRM databases, please use the Contact Us form.
Depending on local law, you may access, update, or correct your Personal Data that we hold, including your profile and preferences. You may do so in the corresponding sections where such information was provided. If you have difficulty in updating or accessing your Personal Data as stated above, you may contact us at [email protected].
Fixated adopts reasonable and appropriate security practices and procedures that includes administrative, physical security, and technical controls in order to safeguard your Personal Data.
Fixated may retain your Personal Data as long as there is a business requirement, or if otherwise required under applicable laws.
Fixated may provide links to third-party websites and services. However, Fixated is not responsible for the privacy statements, practices, or the contents of such third-party websites.
If you have any questions regarding our privacy practices or this privacy statement, you may contact us at [email protected]
Fixated may change the data privacy practices and update this Privacy Statement as and when the need arises, and the same will be made available on the site.
