TERMS AND CONDITIONS
THE EVENT DESIGNER
TERMS AND CONDITIONS OF ENGAGEMENT
These Terms and Conditions (“Agreement”) govern the engagement of The Event Designer (“TED”) by the Client (“Client”) in relation to wedding planning and associated advisory services.
This Agreement shall be deemed legally binding and enforceable upon the occurrence of any of the following:
(a) Written acceptance by the Client, including via electronic communication;
(b) Payment of any booking or retainer amount;
(c) Issuance of instructions to commence services; or
(d) Commencement of services by TED.
No physical signature shall be required for enforceability.
1. NATURE AND SCOPE OF SERVICES
1.1 TED provides strategic planning, advisory, coordination, budgeting, scheduling, and supervisory services in connection with the Event.
1.2 TED does not undertake physical execution of production, fabrication, installation, catering, bar services, security services, structural erection, electrical installation, rigging, labour deployment, or technical operations.
1.3 All third-party vendors engaged for the Event operate as independent contractors. TED shall not be construed as the producer, contractor, principal employer, or executing agency for any physical works.
2. PROFESSIONAL FEES AND PAYMENT TERMS
2.1 Engagement shall require a non-refundable booking retainer equal to fifty percent (50%) of the total professional fees.
2.2 The retainer constitutes consideration for:
• Exclusivity of calendar blocking;
• Allocation of senior management and planning resources;
• Strategic development and preliminary planning;
• Opportunity cost resulting from refusal of other engagements.
2.3 The balance of fees shall be payable as follows:
• Forty percent (40%) as per mutually agreed milestone;
• Ten percent (10%) not later than thirty (30) days prior to the first scheduled Event date.
2.4 Any delay in payment shall attract interest at the rate of eighteen percent (18%) per annum from the due date until realization.
2.5 TED reserves the right to suspend or withhold services in the event of payment default, without incurring liability for any resulting delay or disruption.
3. CANCELLATION BY CLIENT
3.1 The professional fee structure is premised upon exclusivity and displacement of other commercial opportunities.
3.2 In the event of cancellation by the Client, the following shall apply:
(a) Cancellation twelve (12) months or more prior to the first Event date:
The retainer shall stand forfeited, and an additional ten percent (10%) of the total professional fee shall become immediately payable.
(b) Cancellation between six (6) and twelve (12) months prior:
Seventy-five percent (75%) of the total professional fee shall be payable.
(c) Cancellation between three (3) and six (6) months prior:
Ninety percent (90%) of the total professional fee shall be payable.
(d) Cancellation within three (3) months of the Event:
One hundred percent (100%) of the total professional fee shall be payable.
3.3 All amounts paid shall be non-refundable.
3.4 Partial cancellation of functions, reduction in scope, change of venue, or reduction in guest count shall not reduce the professional fee.
3.5 A change of date shall be treated as cancellation unless expressly approved in writing by TED.
4. THIRD-PARTY EXECUTION AND LIABILITY DISCLAIMER
4.1 All production, fabrication, stage erection, structural installation, electrical wiring, generator operation, décor installation, catering, food preparation, liquor service, sound and lighting installation, and labour engagement shall be executed solely by independent third-party vendors.
4.2 TED shall bear no responsibility or liability for:
• Fire, including kitchen or cooking fire;
• Electrical short circuits or generator malfunction;
• Structural failure or collapse of temporary or permanent installations;
• Food contamination, food poisoning, or allergic reactions;
• Alcohol-related incidents;
• Injury, disability, or death of labour, crew, guests, or venue staff;
• Damage to venue property or third-party property;
• Regulatory penalties or statutory violations;
• Licensing, fire NOC, or labour law non-compliance.
4.3 Responsibility for compliance with safety standards, statutory regulations, licensing, insurance, and workforce management rests exclusively with the respective Vendor and/or Client.
5. SECURITY DEPOSITS
5.1 TED shall not provide, guarantee, or assume responsibility for any security deposits required by hotels, venues, or vendors.
5.2 Any claim relating to venue damage or forfeiture of deposits shall be resolved directly between the Client and the concerned Vendor and/or Venue.
6. LABOUR AND EMPLOYMENT DISCLAIMER
6.1 All personnel engaged in execution of Event services shall remain employees or contractors of the respective Vendors.
6.2 TED shall not be deemed the principal employer under any applicable labour legislation.
6.3 TED shall bear no liability for wage disputes, statutory contributions, employee injury compensation, overtime claims, or employment-related litigation.
7. CLIENT INDEMNITY
7.1 The Client agrees to indemnify, defend, and hold harmless TED, its directors, employees, agents, and affiliates from and against any claims, demands, losses, damages, penalties, liabilities, costs, or legal expenses arising from:
• Acts or omissions of Vendors;
• Injury to guests or third parties;
• Fire or food-related incidents;
• Alcohol-related occurrences;
• Damage to venue property;
• Governmental or regulatory action;
• Third-party legal proceedings.
7.2 This indemnity shall survive termination or completion of services.
8. LIMITATION OF LIABILITY
8.1 TED’s aggregate liability, if any, shall not exceed the professional fees actually received by TED.
8.2 TED shall not be liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to reputational harm, emotional distress, loss of enjoyment, or loss of opportunity.
9. INSURANCE
9.1 The Client shall ensure that adequate event insurance coverage is procured.
9.2 Vendors shall maintain appropriate public liability and worker compensation insurance.
9.3 TED shall not be responsible for verifying adequacy of such insurance coverage.
10. CHANGE OF SCOPE
Any material alteration in scope, deliverables, guest count, venues, timelines, or production scale shall require written approval and may result in additional fees.
11. DISPUTE NOTICE
Any dispute or grievance must be communicated in writing within forty-eight (48) hours of completion of the Event. Failure to do so shall constitute deemed acceptance of services rendered.
12. CONFIDENTIALITY
The Client shall not disclose TED’s fee structure, vendor margins, internal documentation, or strategic communications to any third party without written consent.
13. FORCE MAJEURE
Neither party shall be liable for delay or failure in performance resulting from events beyond reasonable control, including but not limited to natural disasters, war, pandemic, governmental restrictions, or acts of God.
No refunds shall arise from force majeure circumstances.
14. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the Republic of India.
All disputes arising out of or in connection with this Agreement shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996.
The seat and venue of arbitration shall be New Delhi.
The language of proceedings shall be English.
Courts at New Delhi shall have exclusive jurisdiction for interim relief and enforcement.
