Legal

Terms of Service

EventSculpt Terms of Service (Marketplace Agreement)

Effective: March 2026

Overview

Welcome to EventSculpt LLC ("EventSculpt," "we," "us," or "our"). EventSculpt operates an online technology 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 technology 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. Provider Charges. The base rates and optional add-ons charged by Providers for their venues or services, as described in Section 4.2. Event. The gathering, celebration, or occasion for which services are booked through the Platform. Regulated Service Categories. Service categories subject to specialized payment and fee structures, as defined in Section 4.9. Non-Refundable Deposit. An optional flat dollar amount charged by a Provider, added to the service price, that is retained by the Provider upon cancellation outside the Grace Period. Capped at 50% of the booking item total. See Cancellation Policy Section 4.4. Dispute Review Window. The 72-hour period after the scheduled Event end time during which Clients may report service issues to EventSculpt for mediation, as defined in Section 4.10. Completed Booking. A Booking for which the Event has taken place and the Dispute Review Window has closed without an unresolved dispute. Completed Bookings are used to evaluate Provider trust tier advancement (see Section 4.6 and Fee Schedule Section 3).

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 is a technology platform. EventSculpt:

Provides tools for discovery, communication, booking management, and payment processing;
Does not own or operate any Venues or Vendor services;
Does not select, employ, direct, or supervise Providers;
Is not a party to contracts between Clients and Providers;
Does not guarantee the quality, safety, legality, or suitability of any Provider's services.

Bookings create independent agreements between Clients and Providers. EventSculpt's facilitation of a Booking does not make EventSculpt a co-seller, joint venturer, or partner of any Provider.

2.3 Acceptable Use

Your use of the Platform is subject to the Acceptable Use Policy, which is incorporated into this Agreement by reference. The Acceptable Use Policy describes prohibited activities, content standards, review guidelines, and communications policies. Violations may result in the consequences described in Section 2.4.

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, 10, 14, and 15) shall remain in full force and effect.

2.5 Non-Circumvention

Users may not circumvent EventSculpt to contract directly with another User for services of the type offered on the Platform if the Users' relationship originated through the Platform. "Originated through the Platform" means the Platform was the first point of contact or introduction between the Users; this provision does not apply to Users who can demonstrate a documented business relationship predating their use of the Platform.

This non-circumvention obligation applies for 12 months following the last Booking completed between the Users through the Platform.

Permitted communications. Nothing in this section prohibits Users from communicating directly (including by phone, email, or in person) for purposes of coordinating and delivering services booked through the Platform. This provision applies solely to entering into new service agreements or transactions outside the Platform to avoid EventSculpt's fees.

Violations may result in immediate account termination and liquidated damages equal to the service fees and/or commission EventSculpt would have earned on the circumvented transactions (based on the fee structure in effect at the time), or $500, whichever is greater, representing a reasonable estimate of the loss EventSculpt incurs due to circumvention, and not as a penalty.

Users who wish to continue a business relationship outside the Platform may request an off-platform license by contacting support@eventsculpt.com. Off-platform license terms and fees, if any, will be disclosed upon request.

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, license, commercialize, 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:

A physical or electronic signature of the copyright owner or authorized agent;
Identification of the copyrighted work claimed to be infringed;
Identification of the material claimed to be infringing and its location on the Platform (URL or other specific location);
Your contact information (address, telephone number, email);
A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law;
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 for standard (non-regulated) services. Once EventSculpt receives payment from a Client for standard services, the Client's payment obligation to the Provider is deemed satisfied to the extent of that payment.

Regulated Services (e.g., Bar and Alcohol Service): For services designated as Regulated Service Categories (see Section 4.9), the Provider, not EventSculpt, is the merchant of record. EventSculpt does not act as payment collection agent, merchant of record, or seller for Regulated Service Categories. Payment for Regulated Services is processed directly to the Provider's payment account. EventSculpt collects only a facilitation fee and applicable taxes via the payment processor. The Client's payment obligation to the Provider for Regulated Services is deemed satisfied upon successful processing of the direct charge to the Provider's account.

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: Provider Charges, the EventSculpt Service Fee, Provider Commission or Facilitation Fee (depending on service type), Non-Refundable Deposit (if applicable), Gratuity, applicable Taxes, and Discounts. Each component is defined in the Fee Schedule, which is incorporated into this Agreement by reference.

Non-Refundable Deposits. Some Providers may charge a Non-Refundable Deposit, a flat dollar amount added to the service price. If a Non-Refundable Deposit applies, it will be clearly identified and its amount displayed at checkout before you confirm the Booking. Non-Refundable Deposits are capped at 50% of the service price and are retained by the Provider upon cancellation outside the Grace Period. See Cancellation Policy Section 4.4 for full details.

The full price of your Booking, including all components, 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. Upon acceptance by the Provider, your payment method will be charged.

Multiple Charges. Depending on the services included in your Booking, you may see multiple charges on your payment method:

A charge from EventSculpt covering standard (non-regulated) services, the EventSculpt Service Fee, applicable taxes, and gratuity for standard services.
One or more separate charges from individual Providers for Regulated Service Categories (e.g., bar and alcohol services), identified on your statement by the Provider's business name.

Each charge will be itemized in your Booking confirmation.

Installment Payments. Providers may offer payment schedules that allow Clients to pay in installments (e.g., a deposit at booking and a balance payment before the event). Payment due dates and amounts are disclosed at checkout. Your payment method on file may be charged on the scheduled installment dates. We may verify your payment method in advance of scheduled charges. Each payment's refundability depends on the Provider's selected cancellation policy tier and when the cancellation occurs relative to the Event; see the Cancellation Policy (Section 4) for details.

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 to affected Users.
Sales Tax Collection. Where required by applicable marketplace facilitator laws, EventSculpt collects sales tax on taxable services facilitated through the Platform and remits those taxes to the appropriate tax authorities. Tax rates are determined based on the event venue location and service type, and are calculated using third-party tax services. Not all services are subject to sales tax; taxability depends on the nature of the service and applicable law.
Provider Tax Obligations. Providers remain solely responsible for their own income tax reporting and remittance on earnings received through the Platform. EventSculpt's collection and remittance of sales tax does not relieve Providers of any other tax obligations. EventSculpt may issue tax information forms (e.g., IRS Form 1099-K) to Providers as required by applicable law, based on payment volume thresholds.
EventSculpt does not provide tax, legal, or accounting advice; consult qualified professionals for your specific obligations.

4.5 Additional Post-Event Charges

Providers may submit claims for additional charges arising after an event. Clients authorize EventSculpt, as payment collection agent, to process such Provider-submitted charges against the Client's payment method on file. Additional charges may include:

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.

All post-event charges are submitted by the Provider and must be reasonable, documented, and consistent with terms disclosed at booking. EventSculpt reviews the documentation provided and processes the charge in its capacity as payment collection agent; EventSculpt's processing of a post-event charge does not constitute an independent determination that the charge is valid. Post-event charges shall not exceed 25% of the original Booking total without the Client's express written authorization. EventSculpt will notify the Client of any proposed post-event charge and provide reasonable documentation before processing. Clients will have 72 hours from notification to dispute the charge before it is processed. If a Client disputes a post-event charge, processing will be paused pending resolution under Section 8.

4.6 Provider Payouts

Payout timing and method depend on the service type:

Standard Services. Payouts are processed via Stripe transfer after each payment becomes earned per the Provider's selected financial terms, plus a short processing period. Payout timing depends on the Provider's cancellation policy tier and payment schedule, and is disclosed in the Provider's account settings. EventSculpt absorbs third-party payment processing fees for standard services; these fees are not deducted from Provider payouts.

Payout Eligibility Schedule. Each Provider is assigned a trust tier that determines the payout eligibility schedule for standard services. New Providers receive a portion of each earned payout at the standard earned time (per their selected cancellation policy tier), with the remainder released after the Dispute Review Window (see Section 4.10). Providers advance to higher trust tiers, and correspondingly faster payout eligibility schedules, automatically based on their booking history, including the number of completed bookings and dispute record. Providers may also be moved to a lower trust tier if they receive a lost dispute within the applicable lookback period. Advancement and demotion criteria are objective, programmatic, and disclosed in the Provider's dashboard. Specific payout percentages and timing for each trust tier are set forth in Fee Schedule Section 3.

Automatic Release. If no dispute is filed during the Dispute Review Window, any held post-event payout portions are released automatically to the Provider without further review. No manual approval or additional action is required from the Provider or EventSculpt.

Payout Freeze During Disputes. If a dispute or chargeback is open on a Booking, any unreleased payout portions for that Booking (including post-event holdback amounts) will not be released until the dispute is resolved. This applies regardless of whether the Dispute Review Window has closed.

Regulated Services (e.g., Bar and Alcohol Service). Because the Provider is the merchant of record for Regulated Services, payment funds are deposited directly into the Provider's Stripe account upon successful charge processing. The Provider controls their own payout schedule to their bank account through Stripe. Third-party payment processing fees for Regulated Services are the Provider's responsibility and are deducted from the charge by Stripe before deposit.

General Payout Terms. 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 for standard services where a dispute has been initiated, fraud is suspected, or as otherwise permitted under this Agreement. Providers are responsible for providing accurate payout information and maintaining active Stripe accounts.

4.7 Chargebacks, Disputes, and Refunds

Providers authorize EventSculpt to process refunds to Clients in accordance with the Provider's selected cancellation policy tier, Platform-wide 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.
Clients who initiate chargebacks that are determined to be unjustified or fraudulent may be liable to EventSculpt for the chargeback amount, all associated fees and costs (including payment processor dispute fees), and any resulting losses to Providers. EventSculpt may recover such amounts by charging the Client's payment method on file, offsetting against any refund or credit due to the Client, or pursuing collection through other available means. Repeated or fraudulent chargebacks may result in account termination.

4.8 Cancellations and Refunds

All cancellations and refunds are governed by the EventSculpt Cancellation Policy, which is incorporated into this Agreement by reference. Each Provider selects a cancellation policy tier (Flexible, Standard, Firm, or Strict) that determines when payments become non-refundable. The applicable tier is disclosed at the time of booking. See the Cancellation Policy for the refund eligibility table and detailed rules.

4.9 Regulated Service Categories

Certain services offered through the Platform are subject to specialized payment and fee structures to comply with applicable law ("Regulated Service Categories"). The following categories are currently designated as Regulated Service Categories:

Bar and Alcohol Service.

EventSculpt does not hold a liquor license and does not sell, purchase, control, or set the price of alcoholic beverages. For bar and alcohol service bookings:

The Provider is the merchant of record. Payment for bar and alcohol services is processed directly to the Provider's payment account. The Provider, as the licensed seller, receives and controls all funds from the alcohol sale. EventSculpt does not take custody of alcohol sale revenue at any point.
Facilitation fee. EventSculpt charges a flat per-guest facilitation fee, determined by the Provider's service tier, rather than a percentage-based commission. Facilitation fee tiers are based on the Provider's per-guest service rate and are disclosed during onboarding and in Provider account settings. The facilitation fee is consideration for EventSculpt's technology platform services and marketplace facilitation, is not a charge for the sale of alcohol, and is not included in the taxable amount of the Provider's services.
Tax collection. EventSculpt collects applicable sales tax on bar and alcohol services as a marketplace facilitator and remits those taxes to the appropriate tax authority. The tax amount is collected separately from the facilitation fee through the payment processor.
Gratuity. Mandatory gratuity included in bar service pricing (e.g., bartender gratuity) is excluded from the facilitation fee calculation and passed through in full to the Provider for distribution to staff.
Disputes and chargebacks. Because the Provider is the merchant of record, chargebacks and payment disputes on Regulated Service charges are resolved on the Provider's payment account. EventSculpt's facilitation fee may be reversed by the payment processor in the event of a chargeback. EventSculpt is not liable for losses arising from chargebacks on Regulated Service charges.
Provider account requirements. The Provider must maintain an active, funded payment account capable of processing charges and refunds. If a Provider's payment account is suspended, deactivated, or otherwise unable to process charges, EventSculpt may suspend or remove the Provider's listings until the account is restored. EventSculpt is not responsible for any booking disruption caused by a Provider's payment account issues.
Provider responsibilities. The Provider is solely responsible for compliance with all applicable federal, state, and local laws, including alcohol licensing, responsible beverage service, age verification, and health and safety regulations.
Client acknowledgment. Clients acknowledge that they are purchasing bar and alcohol services directly from a licensed Provider, and that EventSculpt's role is limited to facilitating the connection, processing the facilitation fee, and collecting applicable taxes.

EventSculpt may designate additional service categories as Regulated Service Categories as required by applicable law or regulatory guidance. Affected Providers will receive at least 30 days' notice and may opt out by removing the applicable service listings from the Platform before the designation takes effect.

4.10 Post-Event Dispute Review Window

Clients may report service quality issues, Provider no-shows, or material discrepancies between booked and delivered services by contacting EventSculpt within 72 hours after the scheduled Event end time (the "Dispute Review Window"). Reports submitted within this window will be reviewed by EventSculpt, which may mediate the dispute, issue a full or partial refund from Platform-held funds, or refer the matter to the dispute resolution process in Section 8.

Provider Notification and Response. When a Client files a dispute, EventSculpt will notify the affected Provider within 2 business days and provide a summary of the reported issue. The Provider will have 5 business days from notification to submit a response, including any supporting documentation (e.g., photos, communications, contracts, delivery confirmations). EventSculpt will consider the Provider's response before making any refund or fund disposition decision. If the Provider does not respond within the response period, EventSculpt may proceed based on the available information.

Resolution Timeline. EventSculpt will use commercially reasonable efforts to resolve the dispute within 15 business days of receipt. Resolution may include issuing a full or partial refund, releasing held funds to the Provider, or referring the matter to the formal dispute resolution process in Section 8. If resolution requires additional information or cooperation from either party, EventSculpt will notify the affected Users and the resolution timeline will be extended by the time reasonably needed to obtain that information. Complex disputes involving third-party investigation, multiple Providers, or alleged fraud may require additional time beyond 15 business days; in such cases, EventSculpt will provide status updates to both parties at reasonable intervals.

Reports submitted after the Dispute Review Window closes may still be reviewed at EventSculpt's discretion, but EventSculpt is not obligated to mediate or issue refunds for late-reported issues. Nothing in this section limits a Client's right to initiate a chargeback through their payment provider within the timeframes permitted by the applicable card network rules (see Section 4.7).

The Dispute Review Window duration is uniform across all trust tiers and may be adjusted with at least 30 days' notice to all Users.

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;
Consumption of alcoholic beverages, including but not limited to intoxication, alcohol-related illness or injury, impaired driving, and any incident arising from the service of alcohol by a Provider;
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;
Alcohol-related injuries, intoxication, impaired driving, or any claim arising from the service, consumption, or over-service of alcoholic beverages by any Provider or at any event;
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.

California Civil Code § 1542 Waiver. You expressly waive and relinquish all rights and benefits under California Civil Code Section 1542 (and any similar law of any other jurisdiction), which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in the creditor's or releasing party's favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You understand that this waiver means you are giving up the right to bring future claims against EventSculpt arising from events that have already occurred, even if you do not currently know those claims exist.

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.

Provider Independence. Providers are independent businesses, not employees or agents of EventSculpt. Without limiting the foregoing:

Providers set their own pricing, availability, service terms, and cancellation policies;
Providers determine the manner, method, and means by which they perform their services, including staffing, equipment, and work processes;
Providers are free to offer their services through competing platforms, their own websites, or any other channel;
EventSculpt does not set work schedules, assign tasks, require exclusivity, or supervise, direct, or discipline Providers or their staff;
EventSculpt does not provide tools, equipment, uniforms, or supplies to Providers;
Providers are solely responsible for hiring, paying, supervising, and terminating their own employees, contractors, and subcontractors.

EventSculpt's role is limited to providing a technology platform that facilitates connections between Clients and Providers. EventSculpt does not perform event services and is not in the business of providing catering, entertainment, bartending, venue management, or any other event-related service.

No relationship with Provider's staff. Providers' employees, contractors, subcontractors, and agents have no employment or contractual relationship with EventSculpt. EventSculpt does not pay, direct, supervise, or exercise control over any person employed or engaged by a Provider. Any wage, benefit, tax, or employment-related claim by a Provider's personnel is solely between that person and the Provider.

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 a determination of how Platform-held funds will be distributed and what Platform actions (such as refunds, credits, or account adjustments) will be taken. It does not constitute a legal determination of the parties' underlying rights or obligations outside the Platform.

EventSculpt's decision regarding the disposition of Platform-held funds and Platform actions is final and binding on both parties to the extent permitted by law, subject to the arbitration provisions of Section 8. You agree to accept EventSculpt's resolution of fund distribution and waive any claims against EventSculpt arising from dispute resolution decisions made in good faith. This does not prevent either party from pursuing claims against the other party through arbitration (Section 8) or other legal process.

7. Reviews, Ratings, and Communications

Review guidelines, communications monitoring, and user-to-user communications policies are governed by the Acceptable Use Policy, which is incorporated into this Agreement by reference.

7.1 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 the Stripe Terms of Service and Stripe Privacy Policy. Providers are additionally subject to the Stripe Connected Account Agreement as described in the Provider Operating Standards;
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.

To the extent permitted by applicable law, this waiver includes representative actions brought under the California Private Attorneys General Act (Labor Code § 2698 et seq.) or any similar statute.

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 service fees and facilitation fees you paid directly to EventSculpt (excluding Provider Charges, taxes, and gratuity) 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:

All Users:

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;
Any third-party claim for bodily injury, death, or property damage arising out of or in connection with any event you host, attend, or provide services for through the Platform;

Additional Client Indemnification:

The conduct of your guests, invitees, attendees, or any person you permit to attend an event booked through the Platform, including bodily injury, property damage, or violation of venue rules or applicable law caused by such persons;
Use of a booked venue or service in any manner not authorized in the Booking or the Provider's listing terms;
Failure to disclose material event details (including but not limited to hazardous activities, pyrotechnics, animals, or attendance exceeding the agreed guest count) that results in harm or loss;

Additional Provider Indemnification:

The acts, omissions, negligence, or misconduct of your employees, contractors, subcontractors, or agents in connection with services provided through the Platform;
Any claim arising from your provision of Regulated Services (see Section 4.9), including but not limited to claims related to alcohol licensing, responsible beverage service, age verification, health and safety violations, or failure to comply with conditions imposed by licensing authorities;
Any claim arising from inaccurate, misleading, or incomplete listing information, including misrepresentation of capacity, qualifications, licensing status, or service capabilities;
Any claim arising from your failure to maintain insurance coverage required by law or by this Agreement (Section 15.6);
Damage to another Provider's property, venue, or equipment arising from your performance of services at an event;
Any claim by your employees, contractors, or subcontractors related to unpaid wages, gratuity retention or misappropriation, benefits, or any other employment-related obligation;

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, cyberattacks, data breaches, distributed denial-of-service attacks, ransomware, or third-party service failures. For the effect of force majeure events on Booking cancellations, refunds, and fee obligations, see the Cancellation Policy.

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 and Incorporated Policies

12.1 Tiered Modification Framework

This Agreement and its incorporated policies may be updated from time to time. The notice period and acceptance requirements depend on the nature of the change:

Change Type	Notice Period	Examples
Material Changes	30 days	Core terms, liability, arbitration, payment structure
Standards Changes	14 days	Provider standards, safety policies, compliance requirements
Operational Changes	7 days	Acceptable use rules, content policies, feature guidelines

Notice will be provided via email to your registered address or through a prominent notice on the Platform.

12.2 Document-Specific Notice Periods

Each incorporated policy specifies its own minimum notice period for updates:

Terms of Service: 30 days (material changes)
Privacy Policy: 30 days
Cancellation Policy: 30 days
Acceptable Use Policy: 7 days
Fee Schedule: 30 days
Provider Operating Standards: 14 days

12.3 Prospective Application

Changes to fees, commission rates, facilitation fees, or cancellation policies apply prospectively and only to Bookings made after the effective date of the change. Bookings confirmed before the effective date remain subject to the terms in effect at the time of Booking confirmation.

12.4 Your Options

If you do not agree to 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 terms.

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, Acceptable Use Policy, Fee Schedule, Provider Operating Standards, 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.
No Third-Party Beneficiaries: This Agreement is between you and EventSculpt. No third party (including but not limited to Providers' employees, contractors, subcontractors, Clients' guests or invitees, or any other person not a party to this Agreement) has any right to enforce any provision of this Agreement. Nothing in this Agreement creates any obligation from EventSculpt to any person who is not a User.
Headings: Section headings are for convenience only and do not affect the interpretation of this Agreement.

15. Additional Terms for Providers

The Provider Operating Standards, incorporated into this Agreement by reference, contain additional terms that apply specifically to Venue Providers and Vendors who list services on the Platform. These include eligibility requirements, listing standards, responsiveness expectations, booking commitments, fee structures, insurance and compliance obligations, performance standards, and gratuity distribution obligations.

By listing services on the Platform, Providers agree to comply with the Provider Operating Standards as updated from time to time in accordance with Section 12.

Contact Us

EventSculpt LLC Email: support@eventsculpt.com