Last updated: July 27, 2024
HI EVENTS
Terms and Conditions of Service
Last updated: [INSERTDATE] • Version 1.0
These are theterms on which Hi Events provides event planning, production and management services to you. They apply to every booking and every project unless we agree on something different in writing.
By signing our proposal or quotation, paying our deposit, or otherwise instructing us to proceed, you agree to these terms. They form a legally binding contract between you and Hi Events.
We’ve written them in plain English wherever possible. If anything is unclear, please ask before you sign.
In these terms:
• “We”, “us”, “our”, “Hi Events” means[INSERT REGISTERED NAME], company number [INSERT NUMBER], registered at [INSERTADDRESS].
• “You”, “your”, “Client” means the person, business or organisation booking our services.
• “Event” means the event, experience, or hospitality occasion we are engaged to deliver.
• “Proposal” means the written proposal, quotation or statement of work setting out the scope, deliverables, timings, and fees for the Event.
• “Fees” means the total amount payable for our services and any third-party costs, as set out in the Proposal.
• “Supplier” means any third party engaged in connection with the Event, including venues, caterers, AV, production, entertainment, transport, florists, photographers and similar.
• “Guest” means any person attending the Event.
A booking is confirmed once you have (a) signed and returned the Proposal or otherwise confirmed it in writing, and (b) paid the deposit set out in section 5. Until both of those happen, we hold no dates, suppliers or pricing for you.
We may decline any booking at our discretion. If we do, any deposit paid will be refunded in full.
We will provide the services set out in the Proposal with reasonable skill and care, in line with the standards expected of a professional event management business.
The Proposal is the definitive description of what we will deliver. Anything not listed in the Proposal is not included. If you ask us to take on additional work, section 6(Variations) applies.
Where theProposal describes creative concepts, theming or design, we may need to substitute specific elements where they prove impractical, unavailable, or significantly more expensive than originally costed. We will tell you in writing and propose alternatives to an equivalent standard.
Unless the Proposal says otherwise, our standard payment schedule is:
Stage
Amount
When due
Deposit
[INSERT %, e.g. 50%] of total Fees
On confirmation of booking
Interim payment (longer projects)
[INSERT %, e.g. 25%] of total Fees
[INSERT MILESTONE, e.g. 60 days before the Event]
Balance
Remaining Fees plus any agreed Variations
[INSERT, e.g. 14 days before the Event]
All fees are exclusive of VAT, which will be added at the prevailing rate.
We may invoice you separately for Supplier costs we have paid on your behalf, together with our agreed management fee or mark-up.
Invoices are payable by bank transfer to the account stated on the invoice within [INSERT,e.g. 14] days of the invoice date or by the date stated on the invoice, whichever is earlier. We do not accept payment by credit card unless agreed in advance.
If any payment is late, we may, without limiting any other right or remedy, (a) suspend work and Supplier bookings until payment is received, (b) charge interest on the overdue amount at 4% above the Bank of England base rate from the due date until payment, and (c) recover our reasonable costs of recovering the debt. Where we suspend work because of late payment, we are not liable for any resulting delay or impact on the Event.
Either of us may propose changes to the scope, design, guest numbers or delivery of the event. No change is binding until we have both agreed to it in writing (email is fine), including any change to the Fees, timeline or deliverables.
Changes requested close to the Event date may not be possible, may carry additional supplier costs, and may attract a reasonable rush or rebooking fee. We will tell you before we incur any extra cost on your behalf.
You may cancel or postpone the Event at any time by giving us written notice. Because we commit our time and Supplier costs well in advance, the following cancellation charges apply, calculated as a percentage of the total Fees:
Notice given before the Event
Cancellation charge
More than 90 days
Deposit retained
60 – 90 days
50% of total Fees
30 – 59 days
75% of total Fees
Fewer than 30 days
100% of total Fees
In addition, you remain liable for any Supplier costs already committed on your behalf that cannot be recovered, regardless of how much notice you give. We will always use reasonable efforts to mitigate these costs.
If you postpone(rather than cancel) the Event to a new date within the next 12 months, we will use reasonable efforts to transfer your deposit and existing Supplier booking to the new date. Where Suppliers charge transfer fees or are unable to honour the new date, those costs are your responsibility. If the postponed Event does not go ahead within 12 months, it will be treated as a cancellation, and the percentages above will apply by reference to the original Event date.
We may cancel the Event and terminate this contract immediately by written notice if:
• you fail to pay any amount on time and do not pay within 7 days of a written reminder
• you commit a material breach of these terms and do not remedy it within a reasonable period of being asked to
• you become insolvent or unable to pay your debts as they fall due
• We reasonably believe that proceeding with the Event would expose us, our staff, our Suppliers or Guests to a risk to health, safety, reputation or legal compliance
If we cancel for any of the reasons above, you remain liable for the cancellation charges in section 7 and for any committed Supplier costs.
Neither of us will be in breach of these terms, or liable to the other, for any delay or failure to perform caused by events outside our reasonable control. These include (without limit) acts of God, severe weather, fire, flood, war, terrorism, civil unrest, government action, public health emergencies, epidemics or pandemics, mandatory venue closures, transport disruption, strikes affecting third parties, and failures of utilities or communications networks.
If a force majeure event affects the Event, we will work with you in good faith to (a)postpone the Event to a mutually convenient date within 12 months, or (b)deliver an alternative format (for example, a smaller in-person Event or a hybrid or virtual format) where reasonably practicable.
Where a force majeure event makes the Event impossible to deliver, and no acceptable alternative is available, we will refund any Fees paid for work not yet performed and Supplier costs we can recover. We are not able to refund fees and Supplier costs that have already been committed, incurred or earned. We strongly recommend that you take out appropriate event cancellation insurance covering these scenarios.
Many parts of the Event will be delivered by Suppliers. We select Suppliers carefully and manage them on your behalf, but we are not their employer, and we do not control their day-to-day operations.
Where Suppliersare contracted in your name, their terms apply directly between you and them. Where we contract Suppliers in our own name on your behalf, we will pass through their terms and costs to you, and you agree to be bound by any of their terms we have notified to you.
Subject to section 18 (Liability), we are not liable for any act, omission, delay, defector insolvency of any Supplier. Where a Supplier fails to perform, we will use reasonable efforts to find a replacement or workaround at proportionate cost.
To deliver the event well, we need you to:
• give us accurate, complete and timely information about the Event, Guests and any requirements
• provide approvals, sign-offs and content (such as logos, copy and branding) by the deadlines we agree
• Nominate a single decision-maker as your main point of contact with the authority to approve decisions and incur costs
• ensure that any venue, premises or location you provide is suitable, safe and properly insured
• hold and maintain any licences, permits, or consents you are responsible for
• pay our invoices on time
If your delayor failure to do any of the above causes additional cost, delay or impact onthe Event, we are not liable for that impact and we may charge reasonableadditional Fees.
You are responsible for inviting, communicating with and managing your Guests. You will share any information we reasonably need to plan for them (for example, numbers, dietary requirements, accessibility needs, VIP arrangements) in good time and in a format we have agreed.
You confirm that you have the right to share any Guest's personal data with us for this purpose, and that you have given Guests the privacy information they are entitled to under data protection law. Our handling of Guest data is covered by our Privacy Policy and, where appropriate, a separate data processing agreement.
The safety of everyone involved in the Event is non-negotiable. We will carry out reasonable risk assessments for the elements we deliver and expect Suppliers to do the same.
You agree that we, our staff, our Suppliers and the venue may refuse entry to, or remove, any person who (a) poses a risk to the safety of others, (b) is significantly under the influence of alcohol or drugs, or (c) behaves in a way that is abusive, threatening, discriminatory or otherwise unacceptable. No refund is due in respect of any such person.
We may stop, pause or modify the Event without liability if we reasonably believe it is necessary to protect health, safety or welfare.
We hold appropriate public liability and professional indemnity insurance. Details are available on request.
You are responsible for arranging any event-specific insurance you require, including(where appropriate) event cancellation, public liability covering your own activities, and cover for any items of value brought to the Event. We strongly recommend event cancellation insurance for any Event of meaningful financial value.
All intellectual property in concepts, designs, mood boards, run sheets, scripts, proposals and other materials we create remains our property unless we agree otherwise in writing. Once you have paid all Fees in full, we grant you a non-exclusive, non-transferable licence to use those materials for the purposes o the Event.
Pre-existing intellectual property belonging to either of us, or to a Supplier, remains the property of its owner.
We may take photographs, video and audio recordings of the Event and use them, together with non-confidential information about the Event, for our own portfolio, case studies, website, social media and marketing. We will not name you, your business, or any Guest in such materials without your prior written consent. You can ask us not to use specific images at any time, and we will comply within a reasonable period.
Each of us agrees to keep confidential any non-public information about the other(including pricing, Guest lists, commercial arrangements, and the existence and details of the Event where you have asked us to treat them as confidential) and to use it only for the purposes of delivering the Event.
This obligation does not apply to information that (a) is already in the public domain, (b) we are required to disclose by law or regulator, or (c) we need to share with our suppliers, advisers or insurers to deliver the Event, provided they are bound by equivalent confidentiality obligations.
We are well-used to handling high-profile and high-net-worth engagements. Where you require enhanced confidentiality protections (such as NDAs covering our team and suppliers, or restrictions on portfolio use), please tell us at the outset, and we will agree on appropriate additional terms.
Each of us will comply with applicable data protection laws, including the UK GDPR and the Data Protection Act 2018. Our handling of personal data is described in our Privacy Policy at [INSERT WEBSITE URL].
Where we process personal data on your behalf (for example, Guest data for an Event), we will do so only on your documented instructions, apply appropriate security measures, and, on request, enter into a data processing agreement that meets the requirements of UK GDPR.
Nothing in these terms limits or excludes our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be limited or excluded by law.
Subject to that, and to the maximum extent permitted by law:
(a) We are not liable for any loss of profit, loss of revenue, loss of business, loss of goodwill or reputation, loss of anticipated savings, or any indirect, special or consequential loss, however arising;
(b) our total liability to you in connection with the Event and these terms, whether in contract, tort (including negligence), misrepresentation or otherwise, is capped at the total Fees paid by you to us under the Proposal in question; and
(c) We are not liable for the acts or omissions of any Supplier or Guest, or for the condition or suitability of any venue or location you have selected.
Each of the limits in this section operates separately. The cap in (b) is what most clients ask about – if you would like additional cover above this level for a particular event, please discuss it with us in advance so we can consider appropriate insurance arrangements and adjust our Fees if necessary.
You agree to indemnify us, and keep us indemnified, against any losses, damages, costs(including reasonable legal costs) and expenses we suffer or incur arising out of or in connection with:
• any breach by you of these terms
• any act or omission of you, your staff, your Guests, or anyone else attending the Event at your invitation
• any claim that materials, content or branding you have supplied infringe the intellectual property or other rights of a third party
• any inaccurate, incomplete or unlawful Guestdata you provide to us
If you are not happy with any part of our service, please tell us as soon as possible –ideally at the time, so we can put it right. Any formal complaint should be sent to [INSERT EMAIL] within 14 days of the Event. We will acknowledge it within 5 working days and respond substantively within 21 days.
Any formal notice under these terms must be in writing and sent by email to the address each party uses for the project, with a copy by post or hand delivery to our registered office or your principal business address. Notices by email are deemed received on the next working day after sending.
These terms and the Proposal contain the entire agreement between us in relation to the Event and supersede any prior discussions, proposals or representations. Each of us confirms we have not relied on any statement, promise or representation not set out in these terms or the Proposal.
No change to these terms is effective unless agreed in writing and signed by both of us.
You may not assign, transfer or subcontract your rights or obligations under these terms without our prior written consent. We may assign or subcontract our rights and obligations to any group company or successor in business.
A person who is not a party to these terms has no rights to enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
If any provision of these terms is found to be invalid or unenforceable, the rest will continue in force. The invalid provision will be treated as modified to the minimum extent necessary to make it valid and enforceable, or, if that is not possible, deleted.
If we do not insist on strict performance of any of these terms on any occasion, that does not mean we waive our rights to do so on any future occasion.
Nothing in these terms creates a partnership, joint venture, agency or employment relationship between us.
These terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of England and Wales. Each of us agrees that the courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.
