1. Agreement Construct
These Terms & Conditions (“Terms”) establish the legally binding framework governing your access to and use of the Host + Gather Services. By navigating our website, executing a service agreement, or otherwise engaging with us, you (“User”) accept these Terms in full.
2. Service Eligibility & Conduct
Users must be at least 18 years old with legal capacity to form binding contracts. You agree to utilize the Services solely for lawful purposes and in a manner that does not infringe, restrict, or inhibit the rights of any third party.
3. Intellectual Property Portfolio
All content, trademarks, service marks, graphics, and software on the Site are the proprietary assets of Host + Gather or its content suppliers and are protected by U.S. and international IP laws. Unless expressly authorized, reproduction, distribution, or modification is prohibited.
4. Booking & Payment Framework
Quotations are valid for 30 days unless otherwise stated.
Deposits: A non‑refundable deposit (percentage specified in the proposal) is required to secure event dates.
Milestone Payments: Outstanding balances are payable per the schedule outlined in the service agreement. Late payments incur a 1.5% monthly interest or the maximum rate permitted by law.
Expenses: Client is responsible for reimbursing pre‑approved third‑party costs (e.g., venue fees, rentals, catering) and any taxes or duties.
5. Cancellation & Force Majeure Matrix
Client may cancel Services subject to written notice. Deposits remain non‑refundable, and additional cancellation fees may apply as stipulated in the service agreement. Neither party shall be liable for failure to perform due to events beyond reasonable control (e.g., acts of God, governmental actions, pandemics, or labor disputes).
6. Limitation of Liability
To the maximum extent permitted by law, Host + Gather’s aggregate liability for any claim arising from the Services shall not exceed the total fees paid by Client in the 12 months preceding the event giving rise to the claim. In no event shall Host + Gather be liable for indirect, incidental, punitive, or consequential damages, including lost profits or goodwill.
7. Indemnification Covenant
User agrees to indemnify, defend, and hold harmless Host + Gather and its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to User’s breach of these Terms, misuse of the Services, or infringement of any third‑party rights.
8. Confidentiality Obligations
Both parties agree to maintain the confidentiality of proprietary or sensitive information exchanged during the engagement, except where disclosure is required by law or agreed upon in writing.
9. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of New York without regard to its conflict of law provisions. Any disputes shall be resolved through binding arbitration in Albany County, NY, administered by the American Arbitration Association, except where a party seeks injunctive relief in a court of competent jurisdiction.
10. Severability & Waiver
If any provision of these Terms is deemed unenforceable, the remaining provisions shall remain in full force. Failure to enforce any right or provision does not constitute a waiver of such right or provision.
11. Entire Agreement & Amendments
These Terms, together with any executed service agreements and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior understandings. We reserve the right to modify these Terms at any time; continued use of the Services signifies acceptance of updated Terms.
