Terms and Conditions
Terms and Conditions
1. Term. This Agreement commences upon Your execution, provided such execution is within ten (10) calendar days of the Offer Date, and shall conclude on the day following the date of the Event.
2. Retainer. Client acknowledges by MODE Events receiving the retainer, MODE Events is dedicating its time and resources to Client accordingly, such retainer is non-refundable. Client agrees that this retainer is earned by MODE Events upon receipt by MODE Events.
3. Scheduled Meetings. MODE Events shall make every attempt to attend requested meeting with the Client as it relates to the Services in the Agreement. Client agrees to provide at least one week prior notice to MODE Events if any meetings need to be rescheduled.
4. Excused Performance. MODE Events shall not be liable or responsible to Client for any failure in fulfilling or performing the Services in this Agreement due to an event that is beyond the reasonable control of MODE Events or if such failure or delay is caused by or results from acts of God, flood, fire, earthquake, war, civil unrest or riots, terrorist threats or acts, epidemic, pandemic including COVID-19 or any variation of COVID-19, or if it becomes illegal to perform such Services (collectively known as “Unknown Event”). If an Unknown Event occurs prior to Event date and continues for thirty (30) calendar days or more, MODE Events in its sole discretion may terminate this Agreement.
5. Reimbursement of Travel, Lodging and Related Expenses. If reimbursement is required under the scope of services, Client shall reimburse MODE Events a minimum two (2) nights stay and an additional night stay for any additionally scheduled events that require MODE Events services (such as rehearsals, after events); per diem of $45 per working day; and $150 incidental charge to cover extra charges including but limited to baggage fees, internet fees and other reasonable expenses, for each traveler. Client shall pay MODE Events immediately upon Client’s receipt of invoice unless otherwise specified by MODE Events. Number of MODE Events travelers:
a. By Client. If for any reason Client terminates this Agreement prior to the Event, MODE Events shall keep any and all prepaid fees paid up until the date of termination. In the event Client terminates the Agreement less than ninety (90) calendar days prior to the Event, Client shall be responsible for the total fees. Notice of termination must be in writing and may be provided via email.
b. By MODE Events. If at any time MODE Events reasonably feels it will be putting its staff at risk by providing the Services under the Agreement, MODE Events will communicate its concerns to Client and discuss options with Client. If after such discussions Client has not addressed MODE Events’ concerns, as determined solely by MODE Events, MODE Events may terminate the Contract. Upon Client’s request, MODE Events may provide recommendations to alternative vendors (“Referrals”), in which case, Client acknowledges and agrees that MODE Events does not have any affiliation or relationship with Referrals. Additionally, MODE Events may immediately terminate this Agreement upon Client’s breach of this Agreement provided such breach remains uncured for seven (7) calendar days, unless otherwise specified by MODE Events, from the date in which MODE Events sends Client notice of breach. MODE Events may provide notice of breach via email.
7. Client Representations and Warranties. Client represents and warrants that he/she will comply with all applicable laws and local ordinances as it relates to the Event and shall be truthful and honest to MODE Events. Additionally, Client represents and warrants that he/she will immediately inform MODE Events if Client exhibits any symptoms noted by the CDC, local ordinances or local department of health whereby it is recommended that an individual exhibiting such symptoms self-quarantine.
8. Right of Refusal. Client acknowledges and agrees that MODE Events may refuse entry to any of Client’s guest or attendees if such guests or attendees’ entry to Event will violate applicable law, local ordinances or cause harm to other Client’s attendees or MODE Events’ staff.
9. Safe Working Environment. Client agree to undertake best efforts to ensure that guests and attendees at the Event treat MODE Events and its staff with respect and dignity and that MODE Events and its staff is provided with a safe working environment. MODE Events retains the right to cancel the remainder of any Event in the event guests or attendees of the Event commit any instances of harassment, violence, threats or other similar behavior that would lead a reasonable person to feel unsafe. In the event of such cancellation, Client shall not be entitled to any refunds.
10. Assignment. MODE Events may replace specifically identified staff in the Agreement with another MODE Events staff upon prior notice to Client at any time up until the day of the Event, provided such substitute staff has similar skill and experience as the originally contracted staff.
11. Rescheduling. If the Event needs to be rescheduled due to venue closure or it becomes illegal to hold the Event, any prepaid fees including the deposit will be applied to a future event, subject to availability. For the avoidance of doubt, if the Event is terminated by Client for any other reason, Section 6(a) above (“Termination By Client”) shall govern such termination.
12. Display Rights. MODE Events has the right to use photos and video from Client’s event for MODE Events’ promotion, advertisement or display on social media, internet publication or any other marketing purposes, upon Client’s approval. Client represents and warrants that they have the authority to grant MODE Events the right to use the likeness of all persons included in any media that is approved by Client for MODE Events’ use and Client shall indemnify, defend and hold MODE Events harmless against any claim that MODE Events’ use of such approved photo or video infringes on a claimants likeness or image.
13. Non-liability. MODE Events is not responsible for lost, mislaid or stolen property that may occur at the Event. Client agrees not to hold MODE Events responsible or liable for any loss, expense or injury to Client, any of its guests, vendors or venue arising from or related to MODE Events provision of Services under this Agreement.
14. Personal Items and Inventory. Client agrees to provide MODE Events with an inventory of all items to be placed by MODE Events at least fourteen (14) calendar days prior the Event. MODE Events has the right to refuse placement of any items due to but not limited to venue guidelines or safety hazards.
15. Venue Rules or Guidelines. MODE Events is subject to the venue or event management rules or guidelines. Client agrees to accept the technical results based on MODE Events expertise and compliance with such rules or guidelines.
16. Equipment. If MODE Events provides equipment, MODE Events will require a minimum of two (2) hours setup prior to start time of the Event. If Client chooses to provide MODE Events with equipment, MODE Events is limited to the functionality of the equipment provided and MODE Events shall not be responsible if it is unable to perform Services due to malfunctioning equipment. Client acknowledges and agrees that MODE Events’ approval to use equipment provided or supplied by Client, or a third party at Client’s request, shall be contingent on approval of an equipment rider which shall be provided by MODE Events to Client.
17. Limitation of Liability. MODE Events is not liable for any indirect, consequential or incidental damages. Client acknowledges and agrees that MODE Events liability shall not exceed the fees paid under this Agreement.
18. Warranties and DISCLAIMER OF WARRANTIES. MODE Events shall provide the Services in a professional and workmanlike manner. EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 18, MODE EVENTS DOES NOT MAKE ANY OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED. THE SERVICES PROVIDED IN THIS AGREEMENT ARE PROVIDED AS IS.
19. Negative Feedback Notice. Client agrees that they will not write any negative criticisms of MODE Events on any social media without first notifying and speaking with MODE Events and allow MODE Events to cure any defect of Service.
20. Legal Fees. Client shall pay all reasonable fees and expenses that MODE Events incurs as it relates to collecting any unpaid fees or Client’s breach of this Agreement.
21. Miscellaneous. This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between MODE Events and Client with respect to its subject matter and supersedes all prior writings or understandings. If any provision of this agreement is held to be invalid or unenforceable under law, the validity of this Agreement shall not be affected and the other provisions of this Agreement shall remain in full force and effect