By purchasing a ticket, creating a promoter account, submitting a speaker application, attending the event, or otherwise using any website, portal, or service operated by Je Ne Sais Quoi Productions LLC, doing business as Brick and Mortar Conferences ("the Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use our services.
These Terms apply to the Bluegrass Brick & Mortar Summit ("the Event") and to any future events produced by the Company under this or related brands.
You must be at least 18 years old to purchase a ticket, create a promoter account, submit a speaker application, or otherwise register on our platform. By doing any of these things, you represent that you are 18 or older.
Attendance at the Event itself is not age-restricted. A ticket holder may bring minors as guests. The purchasing adult is solely responsible for any minor they bring to the Event, including supervision and any conduct-related consequences described in Section 7.
A parent or guardian's agreement to these Terms does not, and in most states legally cannot, waive a minor's own personal injury claims. Accordingly, any ticket holder bringing a minor guest must complete a separate Minor Liability Waiver, provided in advance with the ticket confirmation and available on paper at check-in, before that minor will be admitted to the Event.
The Event is a two-day conference for brick-and-mortar business owners, featuring keynote sessions, workshops, and networking. The Company reserves the right to modify the schedule, speaker lineup, venue details, or format at any time. Such changes do not constitute a material breach of these Terms and do not, by themselves, entitle a ticket holder to a refund — except as described in Section 5.3 (Event Cancellation or Relocation).
Content presented at the Event — including keynote sessions, workshops, workbooks, and any other materials — reflects the opinions and experience of individual speakers and is provided for educational and informational purposes only. It is not financial, legal, tax, accounting, or other professional advice. You should consult your own qualified advisor before acting on anything presented at the Event.
The Company makes no representation that any individual attendee will achieve any particular result, financial or otherwise, from attending the Event or applying what is presented there. Results vary based on factors specific to each individual and business.
Tickets are sold at the tier and price displayed at the time of purchase. Ticket tiers and their included perks are described on the ticket sales page.
All ticket sales are final and non-refundable, except as described in Section 5.3 (Event Cancellation or Relocation) and Section 5.4 (Money-Back Guarantee). Tickets are transferable to another individual; contact us to arrange a transfer.
If the Company cancels the Event entirely, or relocates it to a materially different venue or city than announced at the time of your purchase, ticket holders will be offered a full refund. Refund requests under this section must be submitted within 30 days of the Company's public announcement of the cancellation or relocation. This is a company policy, not a representation of a specific legal requirement.
We built this Event because we believe most business owners who attend both full days and genuinely work through the sessions will recoup the cost of their ticket many times over. This guarantee applies only to Standard-tier tickets and is subject to the following conditions:
Upon receipt of your workbook, we will log that we received it, confirm your attendance against our records, and review your notes against the offers and content presented in each session you documented. If your submission holds up under that review, we will send you a link to our refund paperwork within 10 business days. Our review is conducted in good faith and is intended to protect this guarantee for attendees who genuinely engaged with the Event; the Company retains sole discretion to determine whether a submission satisfies these conditions and reserves the right to deny a refund request that appears incomplete, fabricated, or submitted in bad faith.
See Section 2 regarding minors attending as guests.
Ticket purchases are processed through a third-party payment processor. Your payment information is subject to that processor's own terms of service and privacy policy, in addition to these Terms. The Company does not directly store your full payment card details.
In the event a price is displayed incorrectly due to a technical or human error, the Company reserves the right to correct the error, cancel the affected order, and refund any amount paid, even if the order was initially confirmed.
Unless stated otherwise at checkout, ticket prices do not include applicable sales, use, or other transaction taxes. Any such taxes required by law will be added at checkout or otherwise collected as required.
The Company reserves the right to refuse, cancel, or revoke any ticket sale it reasonably believes to be fraudulent, made with a stolen or unauthorized payment method, or otherwise made in violation of these Terms, and to deny entry to the Event on that basis, without liability to the purchaser.
By attending the Event, you consent to being photographed, filmed, or recorded as part of general Event coverage, and you grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, edit, and display such photography, video, or recordings — including your likeness and voice as captured incidentally — for marketing, promotional, archival, or any other business purpose, in any medium now known or later developed, without additional compensation or notice to you. This is separate from the video content license described in Section 9 for Promoters and speaker applicants, which is broader and applies specifically to content they affirmatively upload.
If you do not wish to be photographed or filmed, you may request accommodation by contacting us in advance of the Event; the Company cannot guarantee removal from general crowd or venue shots.
Attendees are expected to conduct themselves respectfully toward staff, speakers, volunteers, the venue, and other attendees. The Company reserves the right to refuse entry to, or remove without refund, any individual whose conduct is disruptive, unsafe, harassing, or otherwise inappropriate, as determined in the Company's reasonable discretion.
Becoming a promoter is free. No payment, purchase, or fee of any kind is required to create a promoter account or to participate in the Promoter Program. Promoters earn commission solely on completed ticket sales attributable to them through the platform's tracking system, as described in Section 8.3.
The Promoter Program is a straightforward affiliate/referral arrangement: a promoter shares a tracking link, and if a sale results, the promoter earns a commission on that sale. The Company does not sell, offer, or require the purchase of any inventory, equipment, territory, or business package as a condition of participating. Nothing in this Program should be construed as an investment, franchise, or business opportunity of any kind.
Commission rates, tiers, and override structures are as published in the promoter dashboard and promoter materials at the time of a given sale, and may change with notice for future sales. There is no guaranteed minimum income, and past results of any promoter are not a representation or guarantee of what any other promoter will earn. Commission is earned only on legitimate, completed ticket sales — not on recruiting other promoters. Recruiting alone, with no resulting ticket sales, generates no income. See Section 8.5 regarding when earned commission becomes payable.
Sale attribution, click tracking, and commission calculations are determined by the Company's platform records. In the event of a dispute over attribution, the Company's system records govern, and the Company does not guarantee correction of misattributed sales after a reasonable review period.
Commission from a given sale is provisional for a period of 30 days from the date of that sale (the "Holding Period"), during which it is displayed as pending and is not yet payable. The Holding Period exists to allow time for the underlying sale to clear, including any refund, cancellation, or chargeback window. Commission that remains valid at the end of the Holding Period becomes payable according to the promoter's chosen payout schedule (see the Payouts section of the promoter dashboard). This section governs only the timing of when commission becomes payable; it does not reduce the amount of commission earned on a valid, completed sale. By agreeing to these Terms at signup, a promoter specifically acknowledges and agrees to this Holding Period, and the dashboard separately displays pending versus available commission at all times so this timing is never ambiguous.
If a sale underlying a commission is refunded, cancelled, reversed, or subject to a payment card chargeback — whether during or after the Holding Period described in Section 8.5 — the Company may reverse, deduct, or reclaim the corresponding commission. Where the commission has already been paid out, the Company may:
This right also extends to any fee, penalty, or cost the Company incurs that is directly attributable to a specific sale or promoter — including, without limitation, payment processor chargeback fees — where that cost can reasonably be traced to that sale or promoter's conduct. The Company will make a good-faith effort to net any such deduction against future payouts before seeking direct repayment. This section does not apply to sales that clear normally; it applies only where a specific, identifiable reversal, chargeback, or related cost has occurred.
The Company reserves the right to request reasonable verification of identity, tax information, or sale legitimacy before issuing a payout, particularly for large or unusual payout amounts, without this constituting an unreasonable delay of payment owed.
A promoter may not: make false or exaggerated earnings claims to any prospective ticket buyer or recruit; spam or use misleading advertising; misrepresent the Event, its speakers, or its content; or purchase a ticket through their own tracking link for the purpose of generating commission to themselves. Commission earned through fraudulent, fake, self-referred, or otherwise illegitimate sales is subject to reversal or clawback under Section 8.6.
Any time a promoter shares their tracking link — on social media, in a group chat, in person, anywhere — they must clearly and conspicuously disclose that they earn a commission if someone purchases through it. This is a legal requirement under FTC endorsement guidelines and applies every time the link is shared, not only the first time.
Promoters and speaker applicants participate as independent contractors, not as employees, agents, joint venturers, or partners of the Company. A promoter has no authority to bind the Company to any obligation or to make representations on the Company's behalf beyond what is provided in official promoter materials.
Available actions. The Company may, as described in this section:
Zero-tolerance conduct. Where a promoter's content or conduct includes hate speech, slurs, discriminatory language or imagery, harassment, or content that is illegal or that depicts or promotes illegal activity, the Company may take any of the actions in this section immediately upon becoming aware of it, without prior warning and without prior notice. This applies regardless of where the conduct occurs, if it is reasonably connected to the promoter's participation in the Program (for example, on the promoter's own social media, using their tracking link, or in materials submitted through the platform).
General business judgment. For conduct or content that does not fall within the zero-tolerance category above but that the Company determines, in good faith and in the reasonable exercise of its business judgment, poses a genuine risk to the Company's brand, reputation, legal standing, or its relationships with venues, speakers, sponsors, or other promoters, the Company may take any of the actions in this section, and may choose whether a warning is appropriate before further action, based on the nature and severity of the conduct.
Finality. A determination made in good faith under this section is final, except where the Company is required by applicable law to provide a specific process, notice, or remedy, in which case the Company will comply with that legal requirement.
The Company may suspend or terminate a promoter account at any time for violation of these Terms, including failure to disclose as required in Section 8.9, or for any reason described in Section 8.11. Commission already earned on legitimate, completed sales prior to termination remains payable once the Holding Period in Section 8.5 has passed, subject to the clawback rights described in Section 8.6; termination affects only a promoter's eligibility to earn commission on future sales.
A promoter or speaker applicant may not use any audience, contact list, or lead relationship built through participation in this Program to organize, promote, or profit from a competing event without the Company's prior written consent. This provision is intended to be enforced only to the extent permitted by applicable law; in jurisdictions that restrict non-competition or non-solicitation covenants (for example, California), it applies only as narrowly as necessary to remain enforceable there.
Participation as a promoter does not guarantee any specific level of income. Results vary and depend on factors outside the Company's control.
As independent contractors, promoters are solely responsible for reporting and paying any taxes owed on commission earned through the Program. The Company does not withhold taxes from promoter payouts and will issue applicable tax forms (such as a Form 1099) as required by law.
Promoters are responsible for providing accurate, current information on their account (including name, contact information, and payout details) and for maintaining the confidentiality of their login credentials. A promoter is responsible for activity that occurs through their account, except to the extent caused by the Company's own fault.
By uploading a video, image, testimonial, or other content to the platform — including but not limited to promoter marketing videos and speaker application videos — you grant the Company a broad, perpetual, irrevocable, worldwide, royalty-free, transferable, sub-licensable license to use, reproduce, edit, modify, adapt, distribute, publicly display, and create derivative works from that content, in any medium now known or later developed, for any business purpose, including on your own tracking links, on links or pages that are not specific to you, in general marketing and promotional materials, and in connection with future events produced by the Company. This license survives termination of your promoter account or any other relationship with the Company.
You represent that you own or have the necessary rights to the content you upload, and that it does not infringe any third party's rights.
Testimonials reflect individual experiences. Any testimonial-style content, including promoter videos, represents that individual's own experience and is not a representation that any other person will achieve similar results.
Submitting a speaker application does not guarantee a speaking slot at the Event. If an applicant is selected, the terms of that engagement — including any compensation, deliverables, and additional obligations — will be governed by a separate speaker agreement, not by these Terms. These Terms govern only the application and submission process itself, including any video or written materials submitted as part of an application (see Section 9).
"Bluegrass Brick & Mortar Summit," "Brick and Mortar Conferences," and associated logos, names, and branding are owned by the Company. Promoters and speakers may use this branding solely to promote the Event as authorized in official materials, and acquire no ownership interest in it.
The Event's curriculum, workbook content, session materials, and stage presentations are proprietary to the Company and its speakers. Unauthorized recording, reproduction, or resale of session content, workbook material, or curriculum is prohibited.
If you believe content on our platform infringes your copyright, send a written notice to the contact listed in Section 25, including: (1) identification of the copyrighted work claimed to be infringed; (2) identification of the material you claim is infringing and its location on our platform; (3) your contact information; (4) a statement that you have a good faith belief the use is unauthorized; and (5) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner. The Company will remove or disable access to material that appears to infringe upon receipt of a valid notice.
The Event may be held at a venue not owned or operated by the Company. The Company is the organizer of the Event, not the venue owner, and additional rules set by the venue may apply. To the extent permitted by law, the Company disclaims liability for the venue owner's own negligence or acts.
Attendance at an in-person event carries inherent risk, including but not limited to risk of injury or property loss. By attending, you assume these risks to the extent permitted by law. See Section 2 for the separate minor liability waiver required before a minor guest is admitted to the Event.
The Company is not liable for failure to perform any obligation under these Terms due to causes beyond its reasonable control, including weather, venue unavailability, acts of God, government action, or similar events.
By providing your phone number or email address, you consent to receive calls, text messages, and emails from the Company related to your account, ticket, or promoter activity, including informational and marketing messages. Message and data rates may apply. Consent to receive text messages is not required as a condition of attending the Event. You may opt out of text messages at any time by replying STOP, and out of marketing emails via the unsubscribe link included in those emails.
Our platform may link to or rely on third-party websites, tools, or services (for example, PDF hosting, payment processing, or scheduling tools) that are not operated by the Company. We are not responsible for the content, accuracy, or practices of any third-party site or service, and linking to it does not imply endorsement.
To the maximum extent permitted by law, the Company's total liability to you for any claim arising out of or relating to these Terms, the Event, or your use of our platform is limited to the amount you actually paid to the Company. The Company is not liable for indirect, incidental, consequential, or punitive damages. Nothing in this section limits liability for the Company's gross negligence, willful misconduct, or for personal injury or death, to the extent such limitation is prohibited by applicable law. Any claim arising out of or relating to these Terms must be brought within one (1) year of the event giving rise to the claim, or it is permanently barred, except where applicable law requires a longer period.
You agree to indemnify and hold the Company harmless from any claim, loss, or damage — including reasonable attorneys' fees — arising from your own misconduct, breach of these Terms, or violation of applicable law, to the maximum extent permitted by law.
While the Company takes reasonable steps to protect information collected through our platform, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security.
Under California Civil Code §1789.3, California residents are entitled to know that complaints may be directed to the California Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict-of-law principles. Any dispute not subject to arbitration under Section 21 shall be brought exclusively in the state or federal courts located in Bourbon County, Kentucky, regardless of where a given Event is held.
Please read this section carefully — it affects your legal rights.
Except for claims that qualify for small claims court, any dispute arising out of or relating to these Terms, the Event, or your relationship with the Company shall be resolved by binding individual arbitration under the rules of the American Arbitration Association, rather than in court. You and the Company each waive the right to a jury trial and to participate in a class action.
California residents: nothing in this section waives your right to seek public injunctive relief in court, to the extent such a waiver would be unenforceable under California law.
Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to the Company at the address in Section 25 within 30 days of first becoming subject to these Terms. If you opt out, disputes will be resolved under Section 20 (Governing Law and Venue) instead.
The Company may update these Terms from time to time. Continued use of our platform, purchase of a ticket, attendance at the Event, or continued participation as a promoter after an update constitutes acceptance of the revised Terms.
The Company may provide notices required under these Terms via email to the address on file, or by posting a notice in the promoter dashboard or on our website. The Company's failure to enforce any provision of these Terms is not a waiver of its right to do so later. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and the Company, and there are no third-party beneficiaries to these Terms. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. These Terms constitute the entire agreement between you and the Company regarding the subject matter herein, superseding any prior agreements. The Company may assign these Terms in connection with a merger, acquisition, or sale of assets.
These Terms are intended to be applied consistently with the mandatory consumer, worker classification, and other non-waivable protections of your state of residence. Nothing in these Terms is intended to waive any right that cannot be waived under the law of your state. If a specific provision of these Terms conflicts with such a mandatory right, that provision will be interpreted and applied to the minimum extent necessary to comply with that law, and the remainder of these Terms will continue in full force.
Questions about these Terms, copyright complaints, and arbitration opt-out notices can be directed to: