Event Management Terms and Conditions

GENERAL TERMS & CONDITIONS

Definitions :

“Agreement” means the agreement/contract between the Event Organizer and the Client for the supply and purchase of the Event/Event management and includes these terms and conditions, the Event Details and the Booking.

“Artist” means a performance artist or celebrity or speaker or any individual or group of individuals important or crucial to an Event.

“Attendee” means an invitee or individual attending an Event.

“Booking” means the order for the Event placed by the Client which may include some or all of the following: the Creative Brief, budget plan, event details, contractor requirements and Event price quotation.

“Creative Brief” the conception or plan or synopsis for the Event created by Flagship Events LLC.

“Event” means the event for which the Client has engaged/hired the Event Organizer to plan and organize.

“Event Date” means the date of the Event.

“Event Organizer/ Organizer” means Flagship Events LLC or its permitted assignees.

“Client/ Company” means the client who is engaging or has entered into an agreement with the Event Organiser for the Event.

“Event Fees/Fees” means the fees agreed upon between the Event Organizer and the Client as per the quotation including VAT.

“Event Details” means the date, time and/or location of the Event and the list of requirements requested by the Client and agreed to be delivered by the Event Organizer in order to hold/conduct the Event.

“Force Majeure” means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of the Agreement, strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving Flagship Events LLC or its suppliers’ workforce, but excluding the Client’s inability to pay or circumstances resulting in the Client’s inability to pay.

“Intellectual Property Rights (IPR)” means copyright, including moral rights and performers rights, rights in inventions, rights in confidential information knowhow and trade secrets, service marks, trade marks and design rights, database rights, domain names, business names, patents and computer software.

“Non-Refundable Deposit” is a deposit of 50% of the total Fees payable, as quoted in the proposal and agreed in the Agreement.

“Non Refundable Item” means materials and services paid for by Flagship Events LLC prior to an Event, the creation or purchase of branded or bespoke items for Clients and the payment of deposits of any sort which are not refundable.

Terms & Conditions :

1. Event Booking & Fees

1.1 1.1All Bookings will be regarded as provisional until a signed copy of the Event Agreement and Terms & Conditions has been received from the client, along with a Non-Refundable Deposit for the required services, and the Event Agreement is also signed off by Flagship Events LLC, only then will the booking be confirmed.

1.21.2 Flagship Events LLC is not under any obligation to continue holding provisional Bookings beyond the given option date (usually 10 working days from the time of Booking), if these have not been confirmed by the Client. For the purposes of this Agreement “working days” shall mean Monday to Friday inclusive.

2. Payment of Fees

2.1 All prices quoted by the Event Organizer may be amended when agreed with the Client and the Client will reasonably consider any errors or omissions or where an increase is caused by a change in the circumstances beyond the reasonable control of Flagship Events LLC
2.2 Any query arising from an invoice must be notified to the Event Organiser in writing by the Client within 2 working days of the date of the invoice receipt. Failure to comply will render the full invoice payable on the due date.

2.3 Terms of Payment: 50% of the Fees will be required as deposit for the reservation of the Event and prior to commencement of work (“Non-Refundable Deposit”) and balance 50% of the Fees will be due 30 working days before the Event Date.

2.4Payment may be made by bank transfer to Flagship Events LLC. Bank details will be provided in the invoice/quote.

2.5 2.5Payment for Approvals and Insurance-The Client is responsible for making the necessary payments and obtaining the relevant clearances, consents or licences from the governmental authorities or third party organizations; and for obtaining the relevant insurance coverage for the Event. Client to pay these charges in full.

2.6 Additional requirements/changes made by the Client resulting in Additional Expenses (that have not been quoted in the agreed proposal) will be invoiced separately by the Event Organizer in addition to the agreed Fees and will be considered as part of the total Fees due.

2.7 2.7Late Bookings – Should a Booking be made within 30 working days of the Event date, payment in full will be required to secure the event.

2.8 The Event Organizer reserves the rights to terminate the delivery of goods and/or services in its entirety and/or partially with the possibility of a monetary claim(s) as per order value should the Client fail in fulfilling any of the Terms & Conditions stated herein, inclusive of Terms of Payment.

3. Cancellation

3.1 This clause applies where the client cancels the entire event or cancels part of the event/event requirements or reduces the duration of the event as a result of which the contracted value is reduced.

3.2 Should an event be cancelled, the following Cancellation Charges will apply and extend to the total charge which includes: any required accommodation, function room hire, equipment, pre-booked food and beverage charges. In addition, the client will settle any third-party charges incurred by Flagship Events on behalf of the client.
3.3 Cancellation Charges %

• More than 90 days prior to the event Nil
• 90 to 61 days prior to the event 50%
• 60 to 31 days prior to the event 80%
• 30 days or less prior to the event: 100%
• Days for this clause are considered as working days.

3.4 In case of cancellation, Charges for Non Refundable Items must be paid in full by the Client to Flagship Events.

3.5 All cancellations must be received in writing from the Client and will be deemed to take effect from the date of receipt by Flagship Events LLC.

3.6 The Event Organizer reserves the right to cancel the client’s booking if there has been a change of more than 25% of the client’s original contract. Written notification will be sent by Flagship Events LLC to the Client.

5. Artist Booking

5.1 The Event Organizer will use reasonable endeavours to ensure the availability of and book any Artist identified for the Event.

5.2 The Event Organizer will not be liable to the Client for any delay to or the failure in whole or part of an Event due to the non-availability of the Artist/cancellation by the Artist where the non-availability/cancellation is beyond the reasonable control of Flagship Events LLC.

5.3 The Event Organizer is not responsible for the acts and omissions of the Artist or their failure to be present or to cooperate during the Event.

6. Vendor Management

6.1 Venue / SiteAlthough all efforts to negotiate with the venue site management shall be made by the Event Organizer, the Event Organizer is limited by the guidelines of the venue site management. The Client agrees to accept the results of their imposition on the Event and the Event Organizer.

6.2 Vendors Although every possible care will be taken to plan and coordinate the Event and vendors for the Event, the Event Organizer cannot place an unconditional guarantee on the above. In the event that any vendor cancels prior to the Event, the Client agrees that the Event Organizer may substitute a new vendor with advance notice to the Client, and any additional costs are to be paid by the Client and will be considered part of the total Fees due.

6.3 The Event Organizer, along with its vendors, reserves the right to remove themselves and any equipment at any time if there appears to be a potential danger to themselves or their equipment due to belligerent or intoxicated individuals, hazardous fireworks, heavy smoking, etc. No refund or other compensation shall be given in such cases.

7. Force Majeure

7.1 Flagship Events LLC shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, or breakdown of plant or machinery.

7.2 If the Event is prevented or altered due to Force Majeure, the Event Organizer may, at its sole discretion:
     7.2.1 Provide alternative facilities or venue for the Event; and/or
     7.2.2 Reschedule the Event;
and the Client shall not be entitled to object to such rearranged or rescheduled Event or have any right to claim any compensation.

7.3 In the event that the Event is prevented or cancelled due to Force Majeure, the Client shall be obliged to pay an amount as an administration charge equivalent to 25% of the Event Fees, plus the actual costs incurred by Flagship Events LLC on any Non-Refundable Item. The Event Organizer shall have the sole discretion in identifying and quantifying Non-Refundable Items.

8. Intellectual Property Rights and Image Rights

8.1 All IPR in the Creative Brief and in the Event belongs to and shall remain vested in Flagship Events LLC or the relevant third party owner. Where third party IPR is part of the Creative Brief and the Event, Flagship Events LLC will ensure that it has the right to use and licence such third party content for the benefit of the Client at the Event.

8.2 Save with the express written consent of the Event Organizer the Client may not copy, transfer or otherwise make use of the IPR in the Creative Brief or in the Event; and the Client may not make the IPR in the Creative Brief or in the Event available to any third party; or make any commercial use of the IPR in the Creative Brief or in the Event beyond the Event itself.

8.3The Client and each Attendee consent to such capture of audio-visual material containing the Client or any Attendee and agree to release use of image rights to Flagship Events LLC to publicise the Event, and for publicity material for the use of the Event Organizer after the Event.

8.4 The Client confirms that the Event Organizer is granted the right and permission to use any and all images, both photographic prints and digital images, videos, or other recording media, in their advertising, studio, literature, event exhibitions, editorial, trade, or any other purpose and in any manner and medium. The Client releases the Event Organizer and its legal representatives and assigns from all claims and liability relating to said media. The Client acknowledges that this is for promotional purposes only and does not expect any compensation. There shall be no expiration period for this permission.

9. Liability

9.1 The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 9.

9.2 Subject to clause 9.6, the Event Organizer’s total liability shall not exceed 100% of the total amount paid pursuant to the Booking.

9.3 Subject to clause 9.6, the Event Organizer shall not be liable for consequential, indirect or special losses.

9.4 Subject to 9.6 the Event Organizer shall not be liable for distress or upset or disappointment or hurt to feelings.

9.5 Subject to clause 9.6, the Event Organizer shall not be liable for any of the following:  loss of profit, loss or corruption of data, loss of use, loss of production, loss of contract, loss of opportunity, loss of savings, discount or rebate (whether actual or anticipated) and harm to reputation or goodwill.

9.6 Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:

      9.6.1 Death or personal injury caused by negligence
       9.6.2 Fraud or fraudulent misrepresentation
       9.6.3 Any other losses which cannot be excluded or limited by applicable law
       9.6.4 Any losses caused by willful misconduct

10. Personal Data

10.1 Each party shall comply with its respective obligations and may exercise its respective rights in accordance with Data Protection Laws.
10.2 Flagship Events LLC’s data protection policy is set out at https://www.flagshipme.com/privacy-policy/

11. Termination

11.1Flagship Events LLC may terminate the Contract or any other contract which it has with the Client at any time by giving notice in writing to the Client if the Client has failed to pay any amount due under the Contract on the due date.

11.2Termination or expiry of the Contract shall not affect any accrued rights and liabilities of the Event Organizer at any time up to the date of termination.

12. Notices

12.1 Any notice or other communication given by a party under these Terms and Conditions shall be in writing and in English, signed by, or on behalf of, the party giving it and be sent to the relevant party at the address set out in the Contract.

12.2 Notices may be given, and are deemed received:
     12.2.1 By hand: on receipt of a signature at the time of delivery
     12.2.2 By courier: on receipt of a signature at the time of delivery

12.3 This clause does not apply to notices given in legal proceedings or arbitration.

13. Entire Agreement

13.1The parties agree that the Contract and any documents entered into pursuant to it constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.

13.2Each party acknowledges that it has not entered into the Contract in reliance on and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract or any documents entered into pursuant to it. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.

13.3Nothing in these Terms and Conditions purport to limit or exclude any liability for fraud.

14. Assignment

14.1 The Client may not assign, subcontract or encumber any right or obligation under the Contract, in whole or in part, without prior written consent of the Event Organizer, which it may withhold or delay at its absolute discretion.

15. Limit of Liability

The Event Organizer warrants and declares that every effort will be made to provide high quality services. You fully understand and agree that the Event Organizer shall not be responsible or held liable in the event the Event Organizer is prohibited from providing services due to illness, hospitalization, auto accident, transportation breakdown/disruption, traffic difficulties, acts of God such as inclement weather or other unforeseen incapacitation or other cause of non-arrival on the day of the Event. The Event Organizer will make every attempt to notify the Client and to provide for a substitute Event Organizer who can provide services if time and resources permit. In any event, the Event Organizer, his agents and assigns shall not be held liable for any compensation or any damages (including punitive) due to non-performance of any services resulting from such incapacitations, non-arrival, errors and/or omissions of any type. In no event shall the Event Organizer (and/or its related entities), officers, directors, employees, or agents, be liable to the Client for any damages howsoever resulting from any errors or omissions in any content or for any loss or damage or claims of any kind incurred as a result of the Client engaging of the Event Organizer whether based on warranty, contract, tort, or any other legal theory, and whether or not the Organizer is advised of the possibility of such damages. Further, the Event Organizer bears no liability whatsoever for any compensation or damages for any form of injuries, disputes, damages, damages to property, indirect loss, direct loss, consequential loss or deaths as a result of the acts and/or omissions of any individuals or entities and participation and/or attendance of any individuals or entities during, before, and after the Event. This limitation of liability clause shall apply to the fullest extent permitted by applicable laws.

16. Indemnity

The Client shall indemnify and hold the Event Organizer harmless against and all actions, proceedings, demands, claims, liabilities or damages, costs or expenses whatsoever or howsoever arising as a result of: (a) any omission, breach or non-compliance by the Client of these terms and conditions; and (b) any act or omission by the Client’s guests for the Event and/or any individuals or entities participating in or attending the Event; and any form of injuries, disputes, damages, damages to property, indirect loss, direct loss, consequential loss or deaths arising or resulting therefrom during, before, and after the said Event; including without limitation, those arising from or in connection with third party claims for breach of contract, personal injury, damage and/or loss, defamation, failure to obtain the relevant licenses, the infringement of any patent, trademark, copyright or other intellectual property rights.

17. Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

18. Governing Law and Jurisdiction

These terms and conditions will be governed by the laws of the Emirate of Dubai and such federal laws of the UAE applicable in the Emirate of Dubai and disputes under or in connection with them shall be subject to the exclusive jurisdiction of the Courts of Dubai.