EventSculpt Terms of Service (Marketplace Agreement)

Applies upon your express acceptance through the Platform

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. Where express acceptance of current legal documents is required before booking or payment, use of the Platform does not replace that acceptance.

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 portion of the agreed Provider Charges, included in the service price, that the Provider may retain following Client cancellation outside the Grace Period, subject to the Cancellation Policy and applicable law. Provider cancellation requires the full refund described in Cancellation Policy Section 6. 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 confirmed Booking that has reached its scheduled Event end time in the signed Booking agreement without having been canceled. Completion describes the Booking lifecycle only. It does not verify service delivery, close the Dispute Review Window, resolve a dispute, settle a refund, or establish payment or payout completion.

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, to the extent permitted by applicable law, recovery of actual damages and/or the service fees and commissions EventSculpt would have earned on the circumvented transactions based on the fee structure in effect at the time. Any amount sought under this section is intended to approximate EventSculpt's lost platform economics where actual damages are difficult to determine and will not apply to the extent a court or arbitrator treats it as an unenforceable 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 non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content as reasonably necessary for the following purposes:

Operating, promoting, and improving the Platform;
Marketing and advertising EventSculpt's services, but only for content you make public on the Platform, reviews or testimonials you submit, or content you separately authorize us to use for marketing;
Creating aggregated, anonymized, or de-identified datasets;
Training, developing, and improving machine learning models, algorithms, artificial intelligence systems, and other technologies using aggregated, anonymized, de-identified, public, or separately authorized content;
Developing new products, services, and features;
Other purposes reasonably related to operating, securing, enforcing, or improving EventSculpt's business.

This license applies in any media formats and through any media channels now known or hereafter developed. It survives termination of your account only as needed to provide the Services, preserve completed transactions, comply with law, resolve disputes, enforce this Agreement, or maintain aggregated, anonymized, or de-identified data that no longer identifies you.

We do not use private Platform messages, payment card data, identity verification materials, signed booking agreements, non-public event addresses, or private files you exchange with another User for external marketing or model training unless the content has been aggregated, anonymized, de-identified, or you have given separate permission.

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 in aggregated, anonymized, or de-identified form;
Metadata: Technical information associated with User Content, including file sizes, formats, timestamps, and location data.

EventSculpt may use, license, commercialize, and distribute aggregated, anonymized, or de-identified Platform Data for business purposes, including benchmarks, industry insights, and market data, without compensation to you. EventSculpt will not sell or license personal information in Platform Data in a way that identifies you unless separately disclosed and permitted by applicable law.

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: Mail: EventSculpt LLC, Attn: DMCA Agent, 2108 N ST #4965, Sacramento, CA 95816, USA Phone: +1 619 325 6020 Email: dmca@eventsculpt.com

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 taxes it is required to collect 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 (including any Non-Refundable Deposit), the EventSculpt Service Fee, Facilitation Fee (for Regulated Service Categories), Gratuity, applicable Taxes, and Discounts. Provider Commission for standard services is withheld from amounts payable to Providers and is not a separate Client charge unless expressly disclosed at checkout. Each component is defined in the Fee Schedule, which is incorporated into this Agreement by reference.

Non-Refundable Deposits. Some Providers may include a Non-Refundable Deposit in the agreed Provider Charges. Its amount is disclosed at checkout and capped at 50% of the service price. Retention following Client cancellation is subject to the Cancellation Policy and applicable law. Provider cancellation requires a full refund, including any collected Non-Refundable Deposit, under Cancellation Policy Section 6. 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

Checkout shows the full Booking price, including applicable taxes and fees, and each payment amount and due date before you submit a Booking request. Saving your card does not charge it or place an authorization hold. Submitting the request authorizes collection of the agreed initial payment after Provider acceptance. The Booking is confirmed when that payment succeeds.

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 a deposit and remaining payments. Your express payment authorization covers the exact amounts, including taxes and fees, and due dates shown at checkout for that Booking. Where you authorize automatic payments, EventSculpt saves the verified card and collects only those agreed installments when due. Any change to a payment amount, component or schedule requires your express approval before collection. A tax recalculation does not authorize a different charge. Your original agreement and any later approval remain on record.

EventSculpt sends an in-app and email notice seven calendar days before each scheduled charge, or immediately if less notice is possible. A declined payment is not blindly retried. Authentication, an updated card or an explicit replacement payment may require your action. Authorizing a replacement payment does not itself authorize future automatic charges. Each payment's refundability depends on the signed cancellation policy and applicable Cancellation Policy. Scheduled installment permission does not authorize tips, damages, overtime, other post-event claims or charges for another Booking.

A supported Booking modification may require separately authorized additional charges or partial refunds. Existing payment permission does not authorize a changed price or payment scope.

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. Applicable taxes depend on the charge and applicable law. Tax for the full Booking and its installments is calculated and disclosed before payment authorization. Any later change requires approval under Section 4.3. 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

A claim for overtime, damages or another additional amount must be supported by the Booking agreement and applicable law. A claim, notice, failure to dispute, acceptance of these Terms or scheduled installment permission does not authorize an additional charge to the Client's payment method. Any collection through the Platform requires the Client's separate express authorization for the specific charge through a supported payment workflow. Optional gratuity requires its own express authorization. Previously accepted Booking rights and obligations remain protected under Section 12.3.

4.6 Provider Payouts

Payout timing and method depend on the service type:

Standard Services. Payouts become eligible for Stripe transfer as principal becomes earned under the Booking's signed financial terms, subject to the release conditions below. 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. For new standard-service Bookings governed by this version, the full earned Non-Refundable Deposit, less its allocated commission, becomes eligible for transfer after any eligible Grace Period. It counts toward the Booking's first 70% of Provider net principal and is not itself split 70/30. Additional collected, earned and nonrefundable Provider net principal tops up that first tranche. The final 30% becomes eligible no earlier than 72 hours after the signed Event end. This schedule applies to all Providers. Transfer eligibility remains subject to reconciliation, processor availability and applicable restrictions; it does not guarantee bank arrival. Existing signed Bookings retain their agreed payout terms. Previously accepted Booking rights remain protected under Section 12.3. See Fee Schedule Section 3.

Automatic Release. Eligible amounts are released automatically when payment evidence is reconciled, processor funds are available and no applicable refund, chargeback, dispute or other Booking hold prevents release. No separate two-day payout delay is added. Processor availability and bank settlement can affect actual receipt. No manual payout approval is required where these conditions are met.

Service-Complaint Holds. A Client may open one service complaint for an affected Provider Booking from confirmation through 72 hours after the signed Event end. The complaint may temporarily hold only still-unreleased funds tied to that Booking for 72 hours from filing. A platform administrator may release the hold early or extend it once with a documented reason and an explicit expiry no later than seven days after the initial hold ends. Otherwise the complaint hold expires automatically. Filing after funds have been released does not create a retroactive hold. A complaint does not itself hold funds for another Provider Booking or change the Booking's lifecycle.

Other Payment Restrictions. A separately established processor dispute or chargeback, a pending refund, a Provider nonfulfillment case (including a Provider report awaiting verification), or an unresolved payment discrepancy may independently delay or reduce release of affected funds under its applicable financial scope and release conditions. Legal or payment-processor requirements may also restrict processing or fund availability. An unresolved complaint alone does not extend the service-complaint hold beyond its expiry.

Effect of Hold Expiry. Expiry ends the service-complaint hold; it does not dismiss the complaint, determine refund entitlement, waive applicable recovery rights or guarantee immediate transfer or bank arrival. A payout still requires the earning, reconciliation, processor availability, account and other applicable release conditions described above.

Regulated Services (e.g., Bar and Alcohol Service). Because the Provider is the merchant of record for Regulated Services, charges are processed on the Provider's connected Stripe account. Processor availability and the Provider's Stripe payout arrangements govern when funds reach the Provider's bank account. These proceeds are outside the standard-service transfer schedule. Third-party payment processing fees for Regulated Services remain the Provider's responsibility under the disclosed payment terms.

General Payout Terms. Payout timing may vary based on:

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

EventSculpt may delay or withhold affected standard-service payouts under the financial restrictions described above and as required by applicable law or payment-processor requirements. An investigation or service complaint does not itself create an unlimited payout hold. 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 may suspend affected payout processing during an investigation where an applicable financial restriction under Section 4.6 permits it, or where required by law or the payment processor. An investigation does not itself extend a service-complaint hold beyond its stated expiry.
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, associated fees and costs (including payment processor dispute fees), and resulting losses to Providers. EventSculpt may recover such amounts, where permitted by applicable law and payment-network rules, through lawful offsets against refunds or credits due to the Client or other lawful collection means. Any additional charge to a stored payment method requires the Client's separate express authorization for the specific charge through a supported payment workflow. Notice or failure to dispute does not supply that authorization. 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. Any EventSculpt facilitation fee is a flat per-guest fee determined by the Provider's service tier, not a percentage-based commission. EventSculpt charges this fee only where it is enabled for the Booking and its rate and application have been disclosed to the Provider before charging. 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 separate from the Provider's sale of alcohol, and is taxed or excluded from tax only as determined by applicable law.
Tax collection. EventSculpt collects and remits taxes on Regulated Service Categories only where required by applicable marketplace facilitator, payment processing, or other tax laws. Tax amounts are itemized and processed separately from the Provider's direct charge and the EventSculpt facilitation fee when required.
Gratuity. Any separately offered and expressly authorized optional gratuity is excluded from the facilitation fee calculation and passed through in full to the Provider for distribution to staff.
Disputes and chargebacks. Chargebacks and payment disputes on Regulated Service charges are handled on the Provider's payment account. The Provider is responsible for chargeback amounts and permitted payment-processor dispute fees attributable to its Regulated Service charges, subject to applicable law and payment-processor rules. The payment processor initially debits these amounts from the Provider's account, but EventSculpt may remain responsible to the processor for an unrecovered negative balance. To the extent permitted by applicable law and payment-processor rules, the Provider must reimburse EventSculpt for such chargeback amounts and dispute fees that EventSculpt pays or owes the processor on the Provider's behalf. EventSculpt may recover these amounts from sums otherwise payable to the Provider or through other lawful means under Section 4.7. Recovery must account for amounts already returned or recovered and must not result in duplicate recovery. Returns of any EventSculpt facilitation fee or withheld tax remain subject to applicable refund and tax rules.
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 the Provider, who represents that it holds required licenses where applicable, and that EventSculpt's role is limited to facilitating the connection, processing any applicable facilitation fee, and collecting applicable taxes where required by law.

EventSculpt may designate additional service categories as Regulated Service Categories as required by applicable law or regulatory guidance. Updates to regulated-category designations follow Section 12 and applicable law. Affected Providers may remove the applicable service listings before the designation takes effect. Required licensing and existing Booking obligations remain protected.

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. EventSculpt will notify the affected Provider of the reported issue and provide a reasonable opportunity to respond with supporting information before making a refund or fund disposition decision, except where applicable law or payment-processor requirements require earlier action. EventSculpt will consider the information available and may proceed if the Provider does not respond by the reasonable deadline communicated for the case.

Review and Disposition. EventSculpt will use commercially reasonable efforts to review reported issues. Resolution may include issuing a full or partial refund, releasing held funds to the Provider, or referring the matter to the dispute resolution process in Section 8. Review does not extend a service-complaint payout hold beyond the limits in Section 4.6. Previously accepted Booking and review rights and obligations remain protected under Section 12.3.

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 except where required by applicable law. Nothing in this section limits rights or protections under applicable law or 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).

A Booking becoming completed does not shorten the Dispute Review Window or release funds that remain subject to a complaint, dispute, refund, or other applicable payment restriction.

The Dispute Review Window duration is uniform across Bookings governed by the same terms. Updates follow Section 12 and preserve the terms applicable to previously confirmed Bookings.

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. Nothing in this section waives non-waivable representative claims, public-injunctive-relief rights, or government enforcement rights that cannot lawfully be waived; any such claims will be handled in the forum and manner required by applicable law.

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 Updates and Notice

EventSculpt may update this Agreement and its incorporated policies by posting the revised documents on the Platform. Material changes will be presented through a prominent Platform notice. We will provide any additional notice and waiting period required by applicable law. This Agreement does not promise a fixed advance-notice period for future updates.

12.2 Express Acceptance and Effective Dates

Where express acceptance is required, revised terms apply to you when you expressly accept them through the Platform, or on a later effective date stated in the notice. Continued use, silence or dismissal of a notice does not replace required express acceptance. Acceptance of revised terms does not itself authorize a payment or additional card charge; the separate authorization requirements in Section 4 continue to apply.

12.3 Existing Bookings and Obligations

Changes to fees, commission rates, facilitation fees, cancellation policies and payout terms apply prospectively. Previously confirmed Bookings remain governed by the terms applicable when they were confirmed. Revised terms do not reprice those Bookings or eliminate accrued rights, payment obligations or applicable refund and dispute protections.

12.4 Acceptance of This Update and Your Options

By expressly accepting these revised terms through the Platform, you agree that they replace the corresponding provisions of previously accepted terms for your future use and new Bookings. You also expressly agree that any contractual advance-notice period under previously accepted terms is shortened for this identified update so that it applies upon your acceptance. This agreement does not change previously confirmed Booking terms, eliminate accrued rights or obligations, or waive any notice period or other protection that applicable law does not permit the parties to change.

You may decline revised terms and stop using the affected Platform features, or terminate your account, subject to existing Booking and payment obligations. Continued use, silence or dismissal of a notice does not establish express acceptance.

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. See "Electronic Signatures and Records Consent (ESIGN Disclosures)" below for the full scope of your consent, how to obtain paper copies, and how to withdraw consent.
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.

16. Electronic Signatures and Records Consent (ESIGN Disclosures)

By creating an account, submitting a booking, or signing a booking agreement on the Platform, you affirmatively consent under the U.S. Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and applicable state law (together, "ESIGN") to conducting the transaction electronically. This section explains what that consent covers and how to exercise your rights.

Scope. Your consent applies to: this Agreement and any policy incorporated by reference; each booking agreement you execute through the Platform; amendments, cancellations, and renewals of those agreements; receipts, invoices, payout statements, and other transactional records; and account, billing, legal, and compliance communications from EventSculpt.

Your electronic signature. A typed name submitted through the Platform, together with the timestamp, IP address, and user-agent string captured at submission, constitutes your electronic signature for any document presented for execution on the Platform. Clicking an "I agree" or similarly labeled control, or checking a consent box and submitting the form, has the same legal effect as a handwritten signature on paper.

Retention and access. Signed booking agreements and key transactional records are retained in your EventSculpt account and delivered to your registered email address. You can download, save, or print copies at any time while your account remains active. We recommend keeping your own copies for your records.

Paper copy. You may request a paper copy of any signed document or record by emailing legal@eventsculpt.com with the booking reference or transaction identifier. A reasonable processing fee may apply; we will communicate any such fee before sending the paper copy.

Updating contact information. To ensure you continue to receive electronic records, keep your registered email address current in your account settings. You may update it at any time from the Account Settings page.

Withdrawal of consent. You may withdraw this ESIGN consent at any time by emailing legal@eventsculpt.com with the subject "Withdraw ESIGN Consent." Withdrawal takes effect prospectively only; electronic signatures you have already provided and records previously delivered electronically remain valid, enforceable, and on file. Because the Platform is designed to operate through electronic records and signatures, withdrawing consent may prevent you from continuing to book, list services, or otherwise use the Platform, in which case we will help you close your account and export your data in accordance with our Privacy Policy.

Hardware and software requirements. To access and retain electronic records you need: a device with a current, supported web browser (Chrome, Firefox, Safari, or Edge updated within the past 12 months); a valid email address and the ability to receive email from our domains; software capable of viewing PDF documents (for example, a modern web browser or a PDF reader such as Adobe Acrobat Reader); and the ability to download or print documents if you wish to retain local copies. If these requirements change in a way that creates a material risk you will be unable to access or retain your records, we will notify you at your registered email address and give you an opportunity to renew your consent under the updated requirements.

Confirming your ability to access electronic records. By consenting electronically through the Platform, you confirm that you can access and retain documents delivered in the formats described above.

Contact Us

EventSculpt LLC Email: support@eventsculpt.com