Legal

Terms of Service

EventSculpt Terms of Service (Marketplace Agreement)

Effective: January 2026

Overview

Welcome to EventSculpt LLC ("EventSculpt," "we," "us," or "our"). EventSculpt operates an online platform that enables Clients to discover, communicate with, and book independent Venues and Vendors for events of all types. These Terms of Service ("Agreement") govern your access to and use of our website, applications, and all related services (collectively, the "Platform").

BY CLICKING "ACCEPT" OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL INCORPORATED POLICIES. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.

IMPORTANT NOTICE: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. SEE SECTION 8. This does not limit any mandatory consumer rights provided by law.

1. Definitions

Client — Individuals or organizations seeking to book venues or services. Vendor / Provider — Independent service providers offering catering, rentals, entertainment, or other event-related services. Venue — Third-party locations listed for booking. User — Any individual or entity using the Platform. Booking — A reservation or service engagement between a Client and a Provider facilitated through EventSculpt. User Content — Any text, images, photos, videos, reviews, or other materials uploaded, submitted, or transmitted by Users through the Platform.

EventSculpt is not a venue owner, employer, or service provider. All Users operate as independent parties.

2. Use of the Platform

2.1 Eligibility

To use the Platform, you must:

  • Be at least 18 years of age;
  • Provide accurate and current account information;
  • Maintain the security of your login credentials.

You are responsible for all activity on your account.

2.2 Marketplace Role

EventSculpt:

  • Facilitates discovery, communication, and payment processing;
  • Does not own or operate any Venues or Vendor services;
  • Is not a party to contracts between Clients and Providers.

Bookings create independent agreements between Clients and Providers.

2.3 Prohibited Uses and Acceptable Use

You agree not to engage in any of the following prohibited activities:

Platform Integrity

  • Bypass the Platform to transact directly with another User discovered on EventSculpt (see Section 2.5);
  • Copy, scrape, crawl, data mine, or use automated means to access the Platform without authorization;
  • Reverse engineer, decompile, or attempt to extract source code from the Platform;
  • Interfere with or disrupt the Platform, servers, or networks connected to the Platform;
  • Circumvent any security measures, rate limits, or access restrictions;
  • Use the Platform for competitive intelligence or to build a competing service.

Fraud and Misrepresentation

  • Create false, misleading, or inaccurate listings, profiles, or reviews;
  • Misrepresent your identity, qualifications, business credentials, or authority to act on behalf of another party;
  • Engage in fraudulent bookings, payment schemes, or chargebacks;
  • Manipulate reviews, ratings, or search rankings;
  • Use fake or unauthorized payment methods.

Harmful Content and Conduct

  • Upload, transmit, or share content that infringes intellectual property rights of any third party;
  • Post content that is defamatory, obscene, threatening, harassing, or promotes violence;
  • Discriminate against or harass other Users based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or age;
  • Use the Platform to facilitate any illegal activity or event;
  • Promote or facilitate illegal drug use, underage drinking, or other unlawful activities at events.

Spam and Solicitation

  • Send unsolicited commercial messages or spam to other Users;
  • Solicit Users for purposes unrelated to legitimate Platform use;
  • Collect or harvest User information without consent;
  • Use the Platform primarily for advertising or promotional purposes unrelated to event bookings.

Safety and Legal Compliance

  • Book or host events that violate applicable laws, regulations, or permit requirements;
  • Exceed venue capacity limits or violate fire safety codes;
  • Use venues for purposes not authorized in the booking or listing;
  • Fail to comply with health and safety requirements.

EventSculpt reserves the right to investigate violations and take appropriate action, including content removal, account suspension, and reporting to law enforcement where warranted.

2.4 Account Suspension and Termination

EventSculpt may suspend or terminate your account immediately and without prior notice for cause, including but not limited to: violation of this Agreement, fraudulent or illegal activity, receipt of repeated intellectual property complaints, failure to pay amounts owed, or extended account inactivity exceeding 24 months.

You may close your account at any time by contacting support@eventsculpt.com or through your account settings.

Upon termination:

  • Any pending payouts owed to you will be processed within 30 business days, less any amounts you owe to EventSculpt or subject to dispute;
  • You remain liable for all obligations incurred prior to termination;
  • Your User Content may be retained as reasonably necessary to comply with legal obligations, resolve disputes, or enforce this Agreement;
  • Provisions of this Agreement that by their nature should survive termination (including but not limited to Sections 3, 4, 5, 8, 9, and 10) shall remain in full force and effect.

2.5 Non-Circumvention

Users may not circumvent EventSculpt to contract directly with another User discovered through the Platform without EventSculpt's prior written consent.

Violations may result in immediate account termination and liquidated damages equal to 15% of the transaction value or $500, whichever is greater, representing a reasonable estimate of the loss EventSculpt incurs due to circumvention, and not as a penalty.

3. User Content and Intellectual Property

3.1 Your Responsibility for User Content

You are solely responsible for all User Content you upload, post, or transmit through the Platform. By submitting User Content, you represent and warrant that:

  • You own or have obtained all necessary rights, licenses, and permissions to use and authorize EventSculpt to use the User Content as described in this Agreement;
  • You have the legal right to grant EventSculpt the license described in Section 3.2;
  • The User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights;
  • The User Content does not contain any defamatory, obscene, or unlawful material;
  • You have obtained written releases or consents from all individuals depicted in photographs or videos, and from the owners of any recognizable property, logos, or third-party materials appearing in such content;
  • The User Content is not subject to any agreement, obligation, or restriction that would prevent you from granting the rights described in this Agreement.

YOU ACKNOWLEDGE THAT YOU ARE FULLY LIABLE FOR ANY THIRD-PARTY CLAIMS ARISING FROM YOUR USER CONTENT, INCLUDING BUT NOT LIMITED TO CLAIMS OF COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, RIGHT OF PUBLICITY VIOLATIONS, OR BREACH OF CONTRACT.

3.2 License to EventSculpt

By uploading User Content to the Platform, you grant EventSculpt a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise exploit such User Content for any purpose, including but not limited to:

  • Operating, promoting, and improving the Platform;
  • Marketing and advertising EventSculpt's services, including using your User Content in promotional materials, case studies, and social media;
  • Creating aggregated, anonymized, or derivative datasets;
  • Training, developing, and improving machine learning models, algorithms, artificial intelligence systems, and other technologies;
  • Developing new products, services, and features;
  • Any other commercial purpose related to EventSculpt's business.

This license applies in any media formats and through any media channels now known or hereafter developed. This license survives termination of your account and continues in perpetuity, regardless of whether you delete your account or remove your User Content from the Platform.

You retain ownership of your User Content, subject to the license granted herein. However, you acknowledge that EventSculpt is under no obligation to compensate you for any use of your User Content, and you waive any right to inspect or approve uses of your User Content.

3.2.1 Platform Data

In addition to User Content, you acknowledge and agree that EventSculpt owns all right, title, and interest in:

  • Usage Data: Information about how you interact with the Platform, including clicks, searches, browsing patterns, feature usage, and session data;
  • Transactional Data: Booking information, pricing data, availability patterns, response times, and other transaction-related metrics;
  • Aggregated Data: Any data that has been combined with data from other users or sources such that it no longer identifies you individually;
  • Derived Data: Insights, analytics, statistics, benchmarks, trends, and other information derived from your use of the Platform or your User Content;
  • Metadata: Technical information associated with User Content, including file sizes, formats, timestamps, and location data.

EventSculpt may use, sell, license, and distribute Platform Data for any purpose, including commercial purposes, without restriction and without compensation to you. This includes sharing aggregated benchmarks, industry insights, and market data with third parties.

3.2.2 Feedback and Suggestions

If you provide EventSculpt with any feedback, suggestions, ideas, improvements, or other input regarding the Platform ("Feedback"), you hereby assign to EventSculpt all right, title, and interest in such Feedback. EventSculpt may use, implement, modify, and commercialize Feedback without restriction, attribution, or compensation to you. You waive any moral rights in any Feedback to the fullest extent permitted by law.

3.3 No Duty to Monitor; Right to Remove

EventSculpt does not pre-screen, verify, or monitor User Content before it is posted. We are under no obligation to review User Content for accuracy, legality, or non-infringement.

EventSculpt may, in its sole discretion and without prior notice:

  • Remove or disable access to any User Content for any reason, including content that we believe may violate this Agreement, infringe third-party rights, or expose EventSculpt to liability;
  • Remove User Content in response to a valid legal complaint, court order, or takedown request;
  • Terminate or suspend accounts that we reasonably believe have violated intellectual property rights.

YOU AGREE THAT EVENTSCULPT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY REMOVAL OR DISABLING OF USER CONTENT, whether or not such content was ultimately determined to be infringing. You waive any claims against EventSculpt arising from content removal decisions made in good faith.

3.4 Cooperation with Investigations

If EventSculpt receives a complaint or legal claim regarding your User Content, you agree to:

  • Respond promptly to our inquiries and provide information we reasonably request;
  • Cooperate fully with any investigation, legal proceeding, or dispute resolution process;
  • Provide documentation supporting your right to use the content if requested.

Failure to cooperate may result in removal of the disputed content and suspension or termination of your account.

3.5 DMCA Copyright Policy

EventSculpt respects intellectual property rights and expects Users to do the same. We comply with the Digital Millennium Copyright Act ("DMCA") and will respond to valid notices of alleged copyright infringement.

To file a DMCA takedown notice, send a written communication to our designated agent containing:

  1. A physical or electronic signature of the copyright owner or authorized agent;
  2. Identification of the copyrighted work claimed to be infringed;
  3. Identification of the material claimed to be infringing and its location on the Platform (URL or other specific location);
  4. Your contact information (address, telephone number, email);
  5. A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law;
  6. A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

DMCA Designated Agent: Email: dmca@eventsculpt.com Mail: EventSculpt LLC, Attn: DMCA Agent, [Address to be added upon incorporation]

Counter-Notification: If you believe your content was removed in error, you may submit a counter-notification containing: (1) your signature, (2) identification of the removed material and its prior location, (3) a statement under penalty of perjury that you have a good faith belief the material was removed by mistake, (4) your contact information, and (5) consent to jurisdiction in California federal court.

Repeat Infringer Policy: EventSculpt will terminate the accounts of Users who are repeat infringers of intellectual property rights.

3.6 EventSculpt Intellectual Property

The Platform, including its design, features, software, text, graphics, logos, and trademarks, is owned by or licensed to EventSculpt and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Platform without our prior written consent.

4. Fees and Payments

4.1 Payment Collection Agent

You appoint EventSculpt as your limited payment collection agent solely for the purpose of accepting payments from Clients on behalf of Providers. Once EventSculpt receives payment from a Client, the Client's payment obligation to the Provider is deemed satisfied to the extent of that payment.

This appointment does not create a fiduciary, escrow, or trust relationship between EventSculpt and any User.

4.2 Booking Price Components

The total price of a Booking may include:

  • Venue Fees: Base rates charged by Venue Providers, calculated hourly, by event duration, or as a fixed amount.
  • Vendor Service Fees: Fees charged by Vendors for catering, entertainment, décor, staffing, or other event services.
  • EventSculpt Service Fee: A fee charged to Clients for access to the Platform, planning tools, payment processing, and booking support, calculated as a percentage of the booking subtotal and displayed before checkout.
  • Provider Commission: EventSculpt retains a commission from amounts payable to Providers, calculated as a percentage of venue or vendor fees and deducted from payouts. Commission rates are disclosed to Providers during onboarding and in their account settings.
  • Taxes: Applicable taxes as determined by Providers or required by law.

The full price of your Booking will be displayed prior to confirmation. Once confirmed, the Booking is subject to the Cancellation Policy.

4.3 Payment Authorization and Processing

When you submit a Booking request, EventSculpt (via Stripe) may place an authorization hold on your payment method for the total Booking amount. Upon acceptance by the Provider, your payment method will be charged.

If a Booking is modified, pricing may be adjusted, which may result in additional charges or partial refunds.

4.4 Service Fees and Taxes

  • EventSculpt's service fees are disclosed at checkout and may be updated from time to time with notice.
  • Providers are solely responsible for determining, collecting, reporting, and remitting any taxes applicable to their services.
  • EventSculpt does not provide tax, legal, or accounting advice; consult qualified professionals for your specific obligations.

4.5 Additional Post-Event Charges

Clients authorize EventSculpt to charge any payment method on file for additional fees arising after an event, including:

  • Overtime Charges: Fees for exceeding scheduled booking time, based on Provider's stated rates.
  • Overcapacity Charges: Additional fees if attendance exceeds the agreed guest count.
  • Damages and Incident Costs: Costs for property damage, excessive cleaning, misuse of venue or services, or violations of booking terms.

Additional charges must be reasonable, documented, and consistent with terms disclosed at booking. Disputes regarding additional charges are governed by Section 8.

4.6 Provider Payouts

Payouts to Providers are processed via Stripe after the event has been confirmed complete by all parties. Payout timing may vary based on:

  • Service type and event completion status
  • Stripe processing requirements
  • Dispute status or policy review

EventSculpt reserves the right to delay or withhold payouts where a dispute has been initiated, fraud is suspected, or as otherwise permitted under this Agreement.

4.7 Chargebacks, Disputes, and Refunds

  • Providers authorize EventSculpt to process refunds to Clients in accordance with Platform policies (including the Cancellation Policy) and applicable law.
  • In the event of a chargeback, fraud, or payment dispute, EventSculpt may: (a) reverse or withhold corresponding payouts to Providers, (b) deduct chargeback fees and associated costs from Provider balances, and (c) recover amounts owed from future payouts or other available means.
  • EventSculpt reserves the right to suspend payout processing during any investigation.
  • Clients are encouraged to contact EventSculpt before initiating a chargeback so we can attempt to resolve the issue directly.

4.8 Cancellations and Refunds

All cancellations and refunds are governed by the EventSculpt Cancellation Policy, which is incorporated into this Agreement by reference. The applicable cancellation terms depend on the Provider's selected policy tier, as disclosed at the time of booking.

5. Risks, Safety, and Provider Verification

5.1 Assumption of Risk

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM AND ANY SERVICES BOOKED THROUGH THE PLATFORM IS AT YOUR SOLE RISK.

Events involve inherent risks including, but not limited to: property damage, personal injury, illness, theft, accidents, and other hazards. By using the Platform, you voluntarily assume all risks associated with:

  • Attending or hosting events at Venues booked through the Platform;
  • Receiving or providing services arranged through the Platform;
  • Interacting with other Users, whether online or in person;
  • Consuming food, beverages, or other products provided by Vendors;
  • Any activities that occur at events facilitated through the Platform.

You agree to exercise reasonable judgment and take appropriate precautions when using the Platform and attending events.

5.2 Release of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, AND DISCHARGE EventSculpt and its officers, directors, employees, agents, and affiliates from any and all claims, demands, damages, losses, costs, and expenses (including attorneys' fees) arising out of or relating to:

  • Personal injury, death, or property damage occurring at or in connection with any event;
  • The acts, omissions, negligence, or misconduct of any Provider, Venue, or other User;
  • Food safety, allergic reactions, or illness related to catering or food services;
  • Theft, loss, or damage to personal property at events;
  • Any dispute between you and another User;
  • Any failure of a Provider to perform services as expected.

This release applies regardless of whether such claims arise from the negligence (but not gross negligence or willful misconduct) of EventSculpt or any other party.

5.3 Provider Verification and Approval

EventSculpt maintains an approval process for Providers who wish to list services or venues on the Platform. This process may include review of business information, service descriptions, photos, and other materials submitted by Providers.

HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT:

  • EventSculpt does not conduct background checks, criminal history checks, or identity verification on Providers or their employees, contractors, or agents;
  • EventSculpt does not verify the accuracy of information provided by Providers, including licenses, certifications, permits, or qualifications;
  • EventSculpt does not inspect Venues for safety, accessibility, code compliance, or suitability;
  • Approval to list on the Platform is not an endorsement, guarantee, or certification of any Provider's quality, safety, reliability, or fitness for any purpose;
  • EventSculpt may reject or remove listings at its sole discretion without explanation.

You are solely responsible for evaluating and verifying the suitability of any Provider or Venue before booking.

5.4 Insurance

EventSculpt does not provide insurance coverage for Users, events, or services booked through the Platform.

  • Providers are strongly encouraged to maintain appropriate business liability insurance, professional liability insurance, and any other coverage required by law or industry standards.
  • Clients are strongly encouraged to obtain event insurance covering cancellation, liability, property damage, and other risks.
  • Venues should maintain premises liability insurance and require appropriate coverage from event hosts.

EventSculpt is not responsible for any losses arising from lack of insurance coverage. You agree that any insurance you obtain is your sole responsibility, and EventSculpt has no obligation to verify that any party maintains adequate coverage.

5.5 No Employment or Agency Relationship

Nothing in this Agreement creates an employment, agency, partnership, joint venture, or franchise relationship between EventSculpt and any User. Providers are independent contractors, not employees or agents of EventSculpt. EventSculpt does not control and is not responsible for the manner or method by which Providers perform their services.

6. Bookings and Cancellations

6.1 Booking Agreements

When a Client books a Provider through the Platform, the booking creates a direct contractual relationship between the Client and Provider. EventSculpt is not a party to this contract and is not responsible for either party's performance or breach.

6.2 Cancellation and Refund Policies

Cancellation and refund terms are determined by each Provider and disclosed at the time of booking. Clients agree to review and accept the Provider's cancellation policy before completing a booking.

EventSculpt may establish Platform-wide policies regarding cancellations, refunds, and disputes, which will be published separately and incorporated into this Agreement by reference. In the event of a conflict between Platform policies and a Provider's stated terms, Platform policies shall govern.

6.3 Disputes Between Users

EventSculpt may, but is not obligated to, assist in resolving disputes between Clients and Providers. Any resolution offered by EventSculpt is provided as a courtesy and does not constitute a legal determination of the parties' rights or obligations.

EventSculpt's decision in any dispute is final and binding on both parties to the extent permitted by law. You agree to accept EventSculpt's resolution and waive any claims against EventSculpt arising from dispute resolution decisions made in good faith.

7. Reviews, Ratings, and Communications

7.1 Reviews and Ratings

Users may be invited to leave reviews and ratings for Providers, Venues, or Clients after a booking. By submitting a review, you represent that:

  • Your review is based on your genuine, first-hand experience;
  • Your review is accurate and not misleading;
  • You have no personal or financial relationship with the subject of the review that would bias your assessment (other than the booking itself);
  • Your review does not contain defamatory, obscene, or unlawful content.

EventSculpt may, but is not obligated to, remove, edit, or refuse to publish reviews that we believe violate this Agreement, are fraudulent, or are otherwise inappropriate. EventSculpt does not verify the accuracy of reviews and is not responsible for their content.

Reviews are licensed to EventSculpt under the same terms as other User Content (Section 3.2).

7.2 Communications Monitoring

You acknowledge that EventSculpt may monitor, record, and review communications transmitted through the Platform, including messages between Users, for purposes of:

  • Ensuring compliance with this Agreement;
  • Preventing fraud, abuse, and illegal activity;
  • Resolving disputes and investigating complaints;
  • Improving the Platform and user experience;
  • Enforcing the non-circumvention provisions of this Agreement.

By using the Platform's messaging features, you consent to this monitoring. Do not use Platform messaging to transmit confidential or sensitive information that you do not wish EventSculpt to access.

7.3 Third-Party Services

The Platform integrates with and relies upon third-party services, including but not limited to:

  • Payment Processing: Stripe or other payment processors, which are subject to their own terms of service and privacy policies;
  • Mapping and Location: Google Maps or similar services;
  • Communications: Email delivery, SMS, and notification services;
  • Cloud Infrastructure: Hosting and data storage providers.

EventSculpt is not responsible for the availability, accuracy, or performance of third-party services. Your use of third-party services through the Platform may be subject to additional terms, and you agree to comply with such terms.

8. Disputes, Arbitration, and Governing Law

8.1 Governing Law

This Agreement is governed by the laws of the State of California, without regard to its conflict of law provisions. For Users residing in states with mandatory consumer protections that cannot be waived by contract, those protections shall apply to the extent required by law.

8.2 Informal Resolution

Before initiating arbitration, the complaining party must send a Written Notice of Dispute to legal@eventsculpt.com. The parties will attempt to resolve the dispute informally within 60 days of receipt of the notice.

8.3 Binding Arbitration

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND EVENTSCULPT AGREE TO RESOLVE ALL DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION UNDER THE FEDERAL ARBITRATION ACT ("FAA"), EXCEPT AS OTHERWISE PROVIDED BELOW.

  • Claims under $10,000 may proceed through an online dispute resolution provider mutually agreed upon by the parties, or if no agreement, through JAMS.
  • Claims of $10,000 or more will be administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (for claims under $250,000) or Comprehensive Arbitration Rules (for larger claims).
  • Arbitration shall take place in San Francisco County, California, unless the arbitrator permits remote proceedings or the parties mutually agree to another location.

Arbitration Fees: For claims initiated by consumers, EventSculpt will pay all JAMS filing and arbitration fees exceeding the amount you would pay to file a complaint in court, unless the arbitrator determines your claim is frivolous. Each party bears its own attorneys' fees unless applicable law or the arbitrator awards fees to the prevailing party.

Exceptions: Either party may bring an individual action in small claims court if the claim qualifies. Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Platform. For any claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

8.4 Class Action Waiver

YOU AND EVENTSCULPT AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate claims or preside over any class, collective, or representative proceeding unless both parties expressly agree in writing.

8.5 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EVENTSCULPT WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM.

8.6 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to optout@eventsculpt.com within 30 days of creating your account. Your notice must include your name, account email, and a clear statement that you decline arbitration. Opting out does not affect any other provisions of this Agreement.

9. Legal Disclaimers and Liability Limits

9.1 Platform Provided "As Is"

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EventSculpt provides the Platform "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory.

We expressly disclaim all warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant:

  • The quality, safety, legality, accuracy, or suitability of any Provider, Venue, or services;
  • That listings, User Content, or other information will be accurate, complete, or error-free;
  • That events booked through the Platform will occur without incident;
  • That the Platform will be uninterrupted, secure, or free of errors or harmful components.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • EventSculpt's total cumulative liability to you for all claims arising out of or relating to this Agreement or the Platform shall not exceed the greater of (a) the total fees you paid to EventSculpt in the 12 months preceding the claim, or (b) $100.
  • IN NO EVENT SHALL EVENTSCULPT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF EVENTSCULPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise).

Exceptions: Nothing in this Agreement excludes or limits liability for (a) death or personal injury caused by gross negligence, (b) fraud or intentional misrepresentation, or (c) any liability that cannot be excluded or limited by applicable law.

9.3 Indemnification

You agree to indemnify, defend, and hold harmless EventSculpt and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs of litigation) arising out of or relating to:

  • Your use of the Platform or User Content you submit;
  • Your breach of this Agreement or violation of any law;
  • Your violation of any third party's rights, including intellectual property, privacy, or publicity rights;
  • Any dispute between you and another User;
  • Any claim that your User Content infringes or misappropriates any patent, copyright, trademark, trade secret, or other intellectual property right of any third party;
  • Any claim by individuals depicted in your User Content or by owners of property, logos, or materials appearing in your User Content.

This indemnification expressly covers: settlement amounts, judgments, injunctive relief compliance costs, DMCA-related expenses, and any costs EventSculpt incurs in responding to subpoenas or legal process related to your User Content.

EventSculpt reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully with our defense. You shall not settle any claim without EventSculpt's prior written consent if the settlement would impose any obligation on EventSculpt or admit liability on EventSculpt's behalf.

This indemnification obligation does not apply to the extent a claim arises solely from EventSculpt's gross negligence or willful misconduct.

10. Force Majeure

EventSculpt shall not be liable for any delay or failure to perform any obligation under this Agreement due to events beyond our reasonable control, including but not limited to: natural disasters, epidemics or pandemics, war or civil unrest, labor disputes, utility or telecommunications outages, government actions, or third-party service failures.

11. Data and Privacy

Use of the Platform is also governed by the EventSculpt Privacy Policy, which is incorporated into this Agreement by reference. By using the Platform, you acknowledge that you have read and understood our Privacy Policy.

12. Modifications to This Agreement

EventSculpt reserves the right to modify this Agreement at any time. For material changes, we will provide at least 30 days' notice via email to your registered address or through a prominent notice on the Platform before the changes take effect.

If you do not agree to the revised terms, you may terminate your account before the effective date. Your continued use of the Platform after the effective date constitutes acceptance of the modified Agreement.

13. Notices

Legal notices to EventSculpt must be sent to legal@eventsculpt.com. Notices from EventSculpt to you are effective when sent to your registered email address or posted on the Platform.

14. Miscellaneous

  • Entire Agreement: This Agreement, together with the Privacy Policy, Cancellation Policy, and any other policies incorporated by reference, constitutes the entire agreement between you and EventSculpt.
  • Severability: If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force.
  • No Waiver: EventSculpt's failure to enforce any provision shall not constitute a waiver.
  • Assignment: EventSculpt may assign this Agreement without restriction. You may not assign without our prior written consent.
  • Electronic Communications: You consent to receive communications electronically, satisfying any legal requirement that communications be in writing.

15. Additional Terms for Providers

The following terms apply specifically to Venue Providers and Vendors ("Providers") who list services on the Platform. These terms are in addition to all other provisions of this Agreement.

15.1 Provider Eligibility and Onboarding

To list services on the Platform, Providers must:

  • Complete EventSculpt's onboarding and approval process;
  • Provide accurate and complete information about their business, services, qualifications, and pricing;
  • Maintain all licenses, permits, and certifications required by applicable law for their services;
  • Agree to the commission rates and payout terms disclosed during onboarding.

Approval to list on the Platform is at EventSculpt's sole discretion and may be revoked at any time.

15.2 Listing Accuracy and Standards

Providers agree to:

  • Ensure all listing information (descriptions, photos, pricing, availability, capacity, amenities) is accurate, current, and not misleading;
  • Update listings promptly when information changes;
  • Use only photos they own or have rights to use, accurately representing the venue or service;
  • Clearly disclose all fees, restrictions, house rules, and material terms before booking confirmation;
  • Not misrepresent qualifications, experience, certifications, or affiliations.

EventSculpt may remove or modify listings that do not meet Platform standards or that contain inaccurate or misleading information.

15.3 Responsiveness and Communication

Providers agree to:

  • Respond to booking inquiries within 24 hours during business days;
  • Maintain accurate availability calendars;
  • Communicate professionally and promptly with Clients through Platform messaging;
  • Provide Clients with necessary information for successful events.

Providers with poor response rates or communication may face reduced visibility, account restrictions, or removal from the Platform.

15.4 Booking Commitments

Once a Booking is confirmed, Providers commit to:

  • Honor the Booking as described in the listing and confirmation;
  • Provide the venue or services as represented;
  • Not cancel confirmed Bookings except in circumstances covered by the Cancellation Policy;
  • Not request or accept payment outside the Platform for services discovered through EventSculpt.

15.5 Commission and Payouts

  • Providers acknowledge and agree to the commission rates disclosed during onboarding, which are deducted from Booking payments before payout.
  • Commission rates may be updated with 30 days' notice.
  • Payouts are processed via Stripe after event completion, subject to dispute holds and policy compliance.
  • Providers are responsible for providing accurate payout information and maintaining active Stripe accounts.

15.6 Insurance and Compliance

Providers are solely responsible for:

  • Maintaining appropriate business liability insurance and any other coverage required by law or industry standards;
  • Complying with all applicable laws, regulations, health and safety codes, and permit requirements;
  • Ensuring their venues meet applicable accessibility, fire safety, and occupancy requirements;
  • Obtaining any necessary licenses or permits for events hosted at their venues.

EventSculpt does not verify Provider insurance or compliance and assumes no responsibility for Provider's legal obligations.

15.7 Performance Standards and Removal

EventSculpt may suspend, restrict, or remove Provider accounts based on:

  • Repeated cancellations or failure to honor Bookings;
  • Consistently poor reviews or Client complaints;
  • Violation of this Agreement or Platform policies;
  • Inaccurate or misleading listing information;
  • Failure to maintain required response rates;
  • Safety concerns or legal violations;
  • Any conduct that harms EventSculpt's reputation or other Users.

Removal decisions are at EventSculpt's sole discretion. Providers may appeal by contacting support@eventsculpt.com.

15.8 Provider Representations

By listing on the Platform, Providers represent and warrant that:

  • They have the legal right and authority to offer the venues or services listed;
  • All information provided to EventSculpt is accurate and complete;
  • They will comply with all applicable laws in providing their services;
  • They have obtained all necessary consents for any photos or content uploaded to the Platform.

Contact Us

EventSculpt LLC Email: support@eventsculpt.com