The prior version of these Terms (effective February 17, 2026) is archived and available at www.eventsinminutes.com/events-in-minutes/terms-and-conditions/archive or upon request to support@eventsinminutes.com.
Events in Minutes — Terms & Conditions
Events in Minutes, Inc. — a Delaware C-Corporation
999 Baker Way, San Mateo, CA 94404 | support@eventsinminutes.com | +1 (415) 634-4617 | www.eventsinminutes.com
Effective Date: July 16, 2026
Last Updated: July 16, 2026
IMPORTANT NOTICE — PLEASE READ BEFORE USING THE PLATFORM
SECTION 59 OF THESE TERMS CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION AND JURY TRIAL WAIVER THAT APPLY, WITH LIMITED EXCEPTIONS, TO ALL DISPUTES BETWEEN YOU AND EVENTS IN MINUTES IN THE UNITED STATES. UNLESS YOU OPT OUT UNDER SECTION 59.9, YOU AND EVENTS IN MINUTES AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. PLEASE READ SECTION 59 CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS.
Table of Contents
- PART I — INTRODUCTION; FORMATION; ACCOUNTS
- 1. Acceptance of These Terms
- 2. Incorporated Policies; Order of Precedence
- 3. Definitions
- 4. Eligibility; Accounts; Verification
- 5. Electronic Communications; SMS Consent; Communications Monitoring
- PART II — THE PLATFORM'S ROLE AND RISK ALLOCATION
- 6. Our Role: A Marketplace Only
- 7. Assumption of Risk
- 8. Remedies Against Other Users; Communicable-Disease Release
- 9. AI-Powered Tools ("Emma")
- PART III — EVENT HOST TERMS
- 10. Searching and Booking; Pricing Transparency
- 11. Payment Authorization; Pre-Authorized Post-Event Charges
- 12. Venue Bookings: Limited License; Overtime; No Lodging
- 13. Host Responsibility for Guests; Event Disclosure Obligations
- 14. Host Insurance Requirements
- 15. Guest Terms; How Guest Terms Are Applied
- 16. Booking Modifications
- 17. Alcohol at Events (Host Obligations)
- 18. Event Photography and Recordings
- PART IV — VENDOR TERMS
- 19. Vendor Independence; Direct Contracts; Supplemental Vendor Contracts
- 20. Listings: Accuracy, Complete Pricing, Authentic Media
- 21. Know Your Legal Obligations
- 22. Vendor Representations and Warranties
- 23. Vendor Insurance Requirements
- 24. Category-Specific Vendor Obligations
- 25. Non-Circumvention; Liquidated Damages
- 26. Rate Parity
- 27. Vendor Taxes and Information Reporting
- 28. Vendor Payouts
- 29. Vendor Data-Protection Obligations
- 30. Vendor Teams and Organizations
- 31. Security Cameras and Recording Devices (Venue Vendors)
- PART V — FEES AND PAYMENTS
- 32. Service Fees; All-In Pricing; Non-Refundability
- 33. Payment Processing; Limited Payment Collection Agent
- 34. Additional Charges
- 35. Late Payments; Collections
- 36. Security Deposits; Cleaning Fees; Platform Credits
- 37. Promotions, Referral Credits, and Coupons
- PART VI — CANCELLATIONS, REFUNDS, AND BOOKING ISSUES
- 38. Cancellation and Refund Policy
- 38.1 Universal 24-Hour Grace Period (Host Cancellations)
- 38.2 How Cancellation Tiers Work
- 38.3 The Four Host-Cancellation Tiers
- 38.4 Fee, Cleaning-Fee, and Deposit Treatment at Each Refund Level
- 38.4a Inside-Window Bookings (Anti-Gaming Cap)
- 38.4b Optional Non-Refundable Deposit Structure (Strict Tier Only)
- 38.5 Vendor-Initiated Cancellations
- 38.6 Excused Cancellations — Major Disruptive Events
- 38.7 Chargebacks
- 38.8 Platform-Policy Supremacy
- 38.9 Cancellation Mechanics
- 38.10 Booking Issues — Reporting and Remedies
- 38.11 EIM-Initiated Cancellation
- 38.12 Guests
- PART VII — TRUST, SAFETY, AND CONTENT
- 39. Identity Verification and Background Checks
- 40. Reviews and Ratings
- 41. License to Your Content
- 42. Events in Minutes Intellectual Property; Your Limited License
- 43. Copyright Policy (DMCA)
- 44. Prohibited Uses
- PART VIII — DISPUTES BETWEEN USERS; DAMAGE CLAIMS
- 45. Disputes Between Users
- 46. Damage Claims
- 47. EIM Damage Protection Program
- PART IX — TERM, TERMINATION, AND ENFORCEMENT
- 48. Term; Termination
- 49. Graduated Enforcement
- 50. Effect of Termination
- 51. Survival
- PART X — WARRANTIES, LIABILITY, AND INDEMNIFICATION
- 52. Disclaimers of Warranties
- 53. Limitation of Liability
- 54. Indemnification
- 55. Release
- 56. Insurers Bound; Waiver of Subrogation
- 57. Time Limit on Claims
- 58. No Insurance Provided by Events in Minutes
- PART XI — DISPUTE RESOLUTION WITH EVENTS IN MINUTES
- 59. Dispute Resolution and Arbitration Agreement
- PART XII — GENERAL PROVISIONS
- 60. Governing Law; Venue
- 61. Changes to These Terms
- 62. Force Majeure
- 63. Assignment
- 64. Platform Availability; Modification, Suspension, and Discontinuation of the Platform
- 65. Third-Party Services; App-Store Terms
- 66. Notices
- 67. California Consumer Notice
- 68. Feedback
- 69. Entire Agreement; Severability; Interpretation; No Waiver
- 70. No Third-Party Beneficiaries
- 71. Contracting Entity; Contact Information
PART I — INTRODUCTION; FORMATION; ACCOUNTS
1. Acceptance of These Terms
1.1 The Agreement. These Terms & Conditions (these "Terms") are a legally binding agreement between you and Events in Minutes, Inc., a Delaware C-Corporation with its headquarters at 999 Baker Way, San Mateo, CA 94404 ("Events in Minutes," "EIM," "we," "us," or "our"). These Terms govern your access to and use of the Events in Minutes platform, including our website at www.eventsinminutes.com, our mobile applications, our AI-powered event-planning tools (including "Emma"), our messaging, booking, and payment tools, and all related services (collectively, the "Platform").
1.2 How You Accept. You accept and agree to be bound by these Terms by doing any of the following: (a) creating an account on the Platform; (b) clicking or tapping a button or checkbox indicating acceptance (such as "I agree" or "Sign up"); (c) requesting, confirming, or paying for a Booking; or (d) creating, publishing, or maintaining a Listing. If you do not agree to these Terms, you must not use the Platform. For the avoidance of doubt, these Terms do not treat mere attendance at an Event as acceptance of these Terms; the mechanics by which Guests agree to the Guest Terms are set out in Section 15.
1.3 Business and Entity Users. If you use the Platform on behalf of a company, organization, government body, or other legal entity, you represent and warrant that (a) you are an authorized representative of that entity with authority to bind it to these Terms, (b) you accept these Terms on that entity's behalf, and (c) references to "you" in these Terms refer to both you individually and that entity, which are jointly and severally responsible for compliance.
1.4 Records of Acceptance. EIM maintains records of the time, method, and version of your acceptance of these Terms, and you agree that such records are admissible evidence of contract formation.
2. Incorporated Policies; Order of Precedence
2.1 Incorporated Policies. The following policies and supplemental terms, as published on the Platform and updated from time to time in accordance with Section 61, are incorporated into and form part of these Terms (collectively, the "Policies"):
- Privacy Policy (www.eventsinminutes.com/events-in-minutes/privacy-policy);
- Cancellation and Refund Policy — the full substantive framework of which is set out in Section 38 of these Terms;
- Fees and Payments Policy — the full substantive framework of which is set out in Part V of these Terms;
- Community Guidelines / Acceptable Use Policy;
- Vendor Standards and Vendor Agreement (supplemental terms provided during Vendor onboarding);
- Content and Review Policy;
- Nondiscrimination Policy;
- EIM Damage Protection Program Terms — the core terms of which are set out in Section 47 of these Terms; and
- Referral and Promotions Program Terms (as applicable, per Section 37).
2.2 Order of Precedence. If there is a conflict or inconsistency between these Terms and any incorporated Policy, product-specific terms, or feature-specific terms, the more specific incorporated Policy or product-/feature-specific terms control and take precedence over these general Terms solely with respect to their subject matter, except that (a) nothing in any Policy may reduce or override the protections afforded to EIM under Sections 52 through 59, and (b) the Cancellation and Refund Policy framework in Section 38 always takes precedence over any Vendor-drafted cancellation terms, per Section 38.8. Nothing in these Terms contradicts, or is intended to contradict, the Privacy Policy; if an interpretation question arises regarding personal information handling, the Privacy Policy controls.
3. Definitions
Capitalized terms used in these Terms have the meanings below and are used consistently throughout these Terms.
"Booking" means a confirmed reservation for Vendor Services made through the Platform, including the associated Listing terms, Total Price, Cancellation Tier, service specifications, and rules agreed at confirmation.
"Booking Confirmation" means the Platform-generated communication confirming the details, Cancellation Tier, and Total Price of a Booking.
"Cancellation Tier" means one of the four platform-standard host-cancellation policies described in Section 38.3 (Very Flexible, Flexible, Standard, or Strict).
"Content" means any text, photographs, images, videos, audio recordings, reviews, ratings, listings, descriptions, messages, data files, or other materials uploaded, posted, transmitted, or otherwise made available on or through the Platform by any Member or Guest.
"EIM Parties" means Events in Minutes, Inc. and its parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, agents, successors, assigns, licensors, and service providers.
"Event" means any gathering, function, celebration, corporate activity, team-building experience, wedding, party, conference, offsite, or other occasion for which Vendor Services are booked through the Platform.
"Event Host" (or "Host") means the user (individual or entity) who searches for, books, or purchases Vendor Services through the Platform for an Event. Event Hosts are the contracting customers who pay for Vendor Services.
"Guest" means any individual who attends, participates in, is present at, or benefits from an Event, whether or not that individual has a Platform account.
"Guest Terms" means the terms applicable to Guests set out in Section 15.4.
"Listing" means a Vendor's published offer of Vendor Services on the Platform, including its description, photographs, pricing and fee breakdown, availability, rules, Cancellation Tier, and disclosures.
"Major Disruptive Event" means an event qualifying for an excused cancellation under Section 38.6.
"Member" means any person or entity that creates an account on the Platform, including Event Hosts and Vendors.
"Payment Processing Fee" means the 3% payment-processing fee EIM charges on each side of a transaction (one charged to the Event Host and one charged to the Vendor), as described in Section 32.
"Platform" has the meaning given in Section 1.1.
"Platform Credit" means non-cash credit issued by EIM redeemable toward future Bookings, subject to Section 38.9(g) and Section 36.4.
"Platform Fee" means, collectively, the Service Fee and the Payment Processing Fees charged by EIM in connection with a Booking, as disclosed before checkout in accordance with Section 32.
"Regulated Service" means a Vendor Service subject to specific governmental licensing, permitting, health, safety, or regulatory requirements, including without limitation food preparation and catering, alcohol and bar services, transportation, security, childcare-related entertainment, and pyrotechnics or fire performances.
"Service Fee" means the 11% vendor-side service fee EIM charges Vendors on each Booking, as described in Section 32.
"Total Price" means the total amount payable by the Event Host for a Booking, including the Vendor Subtotal, all mandatory Platform Fees and Vendor charges, applicable taxes, gratuities (if included), and any other charges identified before checkout.
"Vendor" means a third-party individual or business entity that lists, offers, and provides event-related services through the Platform. Vendors operate as independent businesses and include, without limitation, venue operators, caterers, AV and technology providers, event planners and coordinators, photographers, videographers, DJs, bands and musicians, rental companies, entertainers and performers, florists, bar and beverage service providers, decorators, officiants, bakeries, beauty and makeup service providers, staffing agencies, security providers, cleaning services, and transportation providers (25 categories in total, as listed on the Platform).
"Vendor Services" means the event-related services offered and delivered by Vendors to Event Hosts and their Guests pursuant to a Booking.
"Vendor Subtotal" means the Vendor's price for the Vendor Services in a Booking (including the Vendor's mandatory charges disclosed in the Listing), excluding Platform Fees, taxes, refundable security deposits, and cleaning fees.
4. Eligibility; Accounts; Verification
4.1 Age and Capacity. You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Platform. The Platform is directed to users in the United States; if you access the Platform from elsewhere, you do so on your own initiative and are responsible for local-law compliance.
4.2 One Account. Each individual or entity may maintain only one active account. EIM may merge or terminate duplicate accounts in its discretion.
4.3 Account Security. You must provide accurate, current, and complete registration information and keep it updated. You are responsible for safeguarding your credentials and for all activity under your account, and you must promptly notify us at support@eventsinminutes.com of any unauthorized access or use.
4.4 Sanctions and Export-Control Representation. You represent and warrant that: (a) you are not named on any U.S. government list of sanctioned, blocked, or restricted persons, including the U.S. Treasury Department's Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List or any other blocked-persons or denied-parties list; (b) you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. embargo or sanctions; and (c) you are not otherwise subject to U.S. sanctions or export-control restrictions that would prohibit your use of the Platform. You will not use the Platform in violation of any U.S. sanctions or export-control law.
4.5 Verification. EIM may require Members to verify identity, business credentials, insurance, licenses, permits, or other information as a condition of using the Platform or maintaining a Listing, and may make reasonable inquiries directly or through third-party services (see Section 39). Failure to cooperate may result in suspension or termination.
5. Electronic Communications; SMS Consent; Communications Monitoring
5.1 Electronic Communications (E-SIGN). By using the Platform, you consent to receive communications from EIM electronically (email, in-Platform messages, and push notifications), and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may withdraw consent to electronic delivery of legally required notices by contacting support@eventsinminutes.com, in which case we may be unable to continue providing you the Platform. You should maintain a valid email address and the ability to download and retain records.
5.2 SMS / Text Messages. If you provide your mobile number and separately opt in to SMS communications through our dedicated, affirmative opt-in process (e.g., a stand-alone checkbox or keyword enrollment, independent of your acceptance of these Terms), you consent to receive SMS/text messages from EIM at that number, including booking confirmations, reminders, and updates, and — only if you separately opt in to marketing texts — promotional messages. You understand and agree that: (a) message and data rates may apply depending on your carrier and plan; (b) message frequency varies; (c) you may opt out at any time by replying STOP to any message; (d) you may reply HELP for assistance or contact support@eventsinminutes.com; and (e) consent to SMS is not a condition of any purchase or of using the Platform.
5.3 TCPA. EIM complies with the Telephone Consumer Protection Act (TCPA). We will not send autodialed or prerecorded marketing calls or texts to your mobile phone without your prior express written consent, and any such consent may be revoked at any time by reasonable means.
5.4 Consent to Monitoring and Recording of Communications. The Platform provides messaging and communication tools for Members and Guests. You expressly consent to EIM monitoring, reviewing, analyzing, recording, and retaining communications sent through or routed via the Platform — including on-platform messages, calls placed through Platform-provided numbers or tools, and customer-support interactions — for trust-and-safety, fraud-prevention, quality-assurance, dispute-resolution, and legal-compliance purposes. California is an all-party-consent state (Cal. Penal Code §§ 631–632, the California Invasion of Privacy Act); by using the Platform's communication tools you consent, for yourself, to such monitoring and recording, and you must not use Platform communication tools to record any other person without all legally required consents. Our handling of such communications is described in the Privacy Policy.
PART II — THE PLATFORM'S ROLE AND RISK ALLOCATION
6. Our Role: A Marketplace Only
6.1 Marketplace and Intermediary Only. The Platform is an online marketplace that connects Event Hosts with independent, third-party Vendors. EIM provides technology, tools, and infrastructure to facilitate discovery, booking, communication, and payment processing between Event Hosts and Vendors.
EIM DOES NOT OWN, CONTROL, OFFER, MANAGE, DELIVER, OR PROVIDE ANY VENDOR SERVICES. EIM IS NOT AN EVENT PLANNER, EVENT ORGANIZER, CATERER, FOOD SERVICE ESTABLISHMENT, VENUE OPERATOR, REAL ESTATE BROKER, BROKER OF ANY KIND, STAFFING AGENCY, ENTERTAINMENT AGENCY, TRANSPORTATION COMPANY, MOTOR CARRIER, SECURITY COMPANY, EMPLOYER OF ANY VENDOR OR VENDOR PERSONNEL, OR INSURER. VENDORS ALONE ARE RESPONSIBLE FOR THEIR VENDOR SERVICES.
6.2 Not a Party to Member Contracts. When a Booking is confirmed, a contract for Vendor Services is formed directly between the Event Host and the Vendor. EIM is not, and does not become, a party to that contract or to any other contract between or among Members and Guests, except that EIM acts as the Vendor's limited payment collection agent as described in Section 33.
6.3 No Endorsement; Vetting Disclaimer. EIM may (but is not obligated to) apply vetting processes to Vendors, such as application review, review analysis, verification of minimum years in operation, interviews, identity checks, or badges (e.g., "verified"). Any vetting, badge, ranking, or "verified" designation means only that the relevant process was completed at a point in time — and nothing else. It is not a certification of licensure, insurance, safety, quality, competence, legal compliance, or suitability, and EIM does not warrant that any check will identify past misconduct or prevent future misconduct by any Member or Guest. You are solely responsible for independently evaluating any Vendor, Host, venue, or service.
6.4 Right, But No Obligation, to Monitor. EIM has the right — but, except as required by applicable law, no obligation — to monitor, verify, moderate, edit, restrict, or remove any Content, Listing, or account; to investigate suspected violations of these Terms; and to act (or not act) on reports or complaints. Except as required by law, EIM's failure or refusal to act on any report does not create liability to any person.
7. Assumption of Risk
7.1 Event Hosts. YOU ACKNOWLEDGE THAT EVENTS AND VENDOR SERVICES INVOLVE INHERENT AND SOMETIMES UNPREDICTABLE RISKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU, AS AN EVENT HOST, VOLUNTARILY AND KNOWINGLY ASSUME THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM, YOUR BOOKING OF VENDOR SERVICES, THE PLANNING AND EXECUTION OF YOUR EVENT, AND ANY IN-PERSON OR ONLINE INTERACTION WITH VENDORS, GUESTS, OR OTHER MEMBERS. THESE RISKS INCLUDE, WITHOUT LIMITATION, ILLNESS (INCLUDING FOODBORNE ILLNESS), ALLERGIC REACTION, BODILY INJURY, PROPERTY DAMAGE OR LOSS, DISABILITY, AND DEATH. IT IS YOUR RESPONSIBILITY TO INVESTIGATE AND EVALUATE WHETHER ANY VENDOR, VENDOR SERVICE, VENUE, OR ACTIVITY IS SUITABLE, SAFE, PROPERLY LICENSED, AND INSURED FOR YOUR EVENT.
7.2 Vendors. YOU ACKNOWLEDGE THAT PROVIDING EVENT SERVICES CARRIES INHERENT RISKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU, AS A VENDOR, VOLUNTARILY AND KNOWINGLY ASSUME THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM, YOUR PROVISION OF VENDOR SERVICES, AND ANY IN-PERSON OR ONLINE INTERACTION WITH EVENT HOSTS, GUESTS, OR OTHER MEMBERS, INCLUDING RISKS OF ILLNESS (INCLUDING FOODBORNE ILLNESS), ALLERGIC REACTION, BODILY INJURY, PROPERTY DAMAGE OR LOSS, DISABILITY, AND DEATH.
7.3 No Legal Advice. EACH HOST AND VENDOR AGREES THAT IT HAS HAD THE OPPORTUNITY TO INVESTIGATE THE PLATFORM AND ALL LAWS, RULES, AND OBLIGATIONS THAT MAY APPLY TO ITS EVENTS OR SERVICES, AND THAT IT IS NOT RELYING ON ANY STATEMENT OF LAW OR COMPLIANCE GUIDANCE MADE BY EIM.
Guest-facing assumption-of-risk and release terms are set out in the Guest Terms (Section 15.4) and are presented to Guests as described in Section 15.
8. Remedies Against Other Users; Communicable-Disease Release
8.1 Remedy Channeling. Your remedies for the acts or omissions of any other Member, Guest, or third party — including a Vendor's performance or non-performance, a Host's conduct, or a Guest's conduct — are limited to claims against the person(s) who caused you harm. You agree not to attempt to impose liability on, or seek any legal or equitable remedy from, EIM with respect to the acts or omissions of other Members, Guests, or third parties, except to the extent (if any) of EIM's own obligations expressly stated in these Terms and not lawfully disclaimable. This Section does not limit EIM's obligations under Section 33 (payment transmission) or the carve-outs in Section 53.4.
8.2 Communicable-Disease Release. Gatherings inherently carry a risk of exposure to communicable diseases and illness (including, without limitation, COVID-19, influenza, norovirus, and foodborne pathogens). To the maximum extent permitted by applicable law, each Member and Guest releases the EIM Parties and every other Member and Guest from any and all claims arising out of or relating to exposure to, or contraction of, any illness or communicable disease at, or in connection with, an Event or Vendor Services. This release is mutual among Hosts, Vendors, and Guests and does not extend to any party's own gross negligence, willful misconduct, or fraud, or to rights that cannot lawfully be waived.
9. AI-Powered Tools ("Emma")
The Platform may provide AI-powered features, including our AI event planner "Emma," for vendor matching, recommendations, pricing estimates, drafting, and planning assistance. You acknowledge and agree that: (a) AI-generated outputs, suggestions, and recommendations are provided for informational and convenience purposes only; (b) AI outputs may be inaccurate, incomplete, or outdated, and may not reflect current Vendor availability, pricing, licensure, or law; (c) AI outputs are not professional, legal, financial, safety, or event-planning advice and are not endorsements or warranties; (d) you are solely responsible for evaluating and verifying AI outputs and for all decisions regarding your Event, Vendor selection, and Bookings; and (e) to the maximum extent permitted by law, the EIM Parties have no liability for any AI-generated recommendation, output, or content or for actions taken in reliance on them, subject to the carve-outs in Section 53.4.
PART III — EVENT HOST TERMS
This Part III applies to Event Hosts. Part IV applies to Vendors. Parts I, II, and V through XII (the General Terms) apply to all Members and, where stated, to Guests.
10. Searching and Booking; Pricing Transparency
10.1 Search and Ranking. Hosts can search for Vendors by service type, location, date, budget, event size, and other criteria. The order and prominence of search results are influenced by factors including relevance to your query, Vendor ratings and reviews, availability, pricing, response time and reliability, booking-completion history, and — where offered — paid promotion or featured placement, which is labeled as "Promoted," "Sponsored," or "Featured" wherever it appears.
10.2 All-In Price Display. Consistent with California's honest-pricing law (SB 478; Cal. Civ. Code § 1770(a)(29)) and equivalent laws, every price EIM displays or advertises for a Listing includes all mandatory fees and charges — including Platform Fees and any mandatory Vendor charges — other than government taxes and, where applicable, reasonable shipping costs. No mandatory fee will appear for the first time at checkout. Optional add-ons, refundable security deposits, and government taxes are itemized separately before you confirm payment.
10.3 Effect of Booking. When you confirm a Booking, you (a) enter into a contract directly with the Vendor for the Vendor Services; (b) accept the Listing's terms, rules, and disclosures, the applicable Cancellation Tier displayed on the Listing and at checkout, and all requirements disclosed in the Listing; and (c) agree to pay the Total Price displayed at checkout, plus any post-Booking amounts you authorize or that arise under Sections 11, 12, 34, and 46.
11. Payment Authorization; Pre-Authorized Post-Event Charges
11.1 Authorization. You authorize EIM and its payment processors to charge the payment method(s) you provide for the Total Price and any other amounts you owe under these Terms. If your default payment method fails, you authorize EIM to charge any other payment method on file for your account.
11.2 Installment Plans. Where EIM offers split or installment payments, each installment is due on the scheduled date. If an installment payment fails and is not cured within the cure period stated at checkout (or, if none is stated, within 72 hours after notice), EIM may cancel the Booking, and the cancellation will be treated as a Host cancellation under the applicable Cancellation Tier as of the date of cancellation.
11.3 Pre-Authorized Post-Event Charges. You pre-authorize EIM to charge your payment method(s) on file, after the Event, for: (a) damage amounts determined under the damage-claims process in Section 46; (b) overtime charges under Section 12.2; (c) over-capacity fees under Section 34; and (d) excess-cleaning charges under Section 34 — in each case as determined and substantiated under the applicable process, and subject to the security-deposit offset order in Section 46.5.
12. Venue Bookings: Limited License; Overtime; No Lodging
12.1 Limited License, Not a Lease. A Booking of a venue or space grants the Host and its Guests only a temporary, limited, revocable license to enter and use the space for the booked Event during the booked hours, subject to the Listing rules. It is not a lease, rental agreement, or tenancy of any kind. The venue Vendor retains the right of entry and re-entry, and the license may be revoked (with the consequences stated in Section 38) for violation of these Terms or the Listing rules or for safety reasons.
12.2 Holdover and Overtime. If the Host or its Guests remain in the space, or Vendor Services continue at the Host's request, beyond the booked end time, the Host will be charged overtime at the Vendor's hourly rate multiplied by an overtime multiplier of 1.0x to 1.5x (as selected by the Vendor and disclosed in the Listing), billed in 30-minute increments, plus the applicable EIM Service Fee on those amounts. Overtime charges may be collected under the pre-authorization in Section 11.3.
12.3 No Overnight Stays; No Lodging or Tenancy Rights. Venue Bookings confer no tenancy, leasehold, lodging, occupancy, or transient-occupancy rights of any kind. No overnight stays, sleeping, or use of any booked space for lodging or residential accommodation is permitted. Bookings are limited to the booked Event hours, and no booked space may be used as a short-term rental, dwelling, or residence. Any attempted holdover beyond the booked hours is a license violation subject to overtime billing under Section 12.2, immediate revocation, and removal.
13. Host Responsibility for Guests; Event Disclosure Obligations
13.1 Responsibility for Guests. The Host is responsible and liable for the acts and omissions of all Guests and invitees at its Event, including: (a) the supervision of any minors in attendance; (b) compliance with the venue's stated maximum capacity and all Listing rules; and (c) providing an accurate headcount before the Event and promptly updating it if it changes.
13.2 Lawful Use and Compliance. The Host will use the Platform and conduct each Event only for lawful purposes and will obtain and comply with all required permits, licenses, and approvals (including venue, noise, temporary-event, fire, and — if the Host supplies alcohol — alcohol permits), all applicable laws, venue rules, homeowner-association rules, and permit conditions, and all reasonable security and noise requirements applicable to the Event.
13.3 Accurate Event Disclosure. The Host must accurately and completely disclose, at booking and as details change: the Event type; expected headcount; whether alcohol will be served or sold; whether minors will attend; whether the Event will be held outdoors; any physical, athletic, or hazardous activities; and any other information the Platform or the Listing requests.
13.4 Consequences of Misrepresentation. If the Host materially misrepresents the Event (including type, headcount, alcohol service, attendance by minors, or activities), the Host's refund rights under Section 38 — including the universal grace period — are void, and the Vendor and EIM may cancel the Booking without refund, in addition to all other remedies.
14. Host Insurance Requirements
14.1 When Insurance Is Required. Host-procured event liability insurance is mandatory — not merely recommended — for the following high-risk Event types: (a) Events at which alcohol is served or sold; (b) Events with 100 or more expected attendees; (c) Events involving physical, athletic, or hazardous activities; and (d) Events held at residential venues.
14.2 Required Coverage. For each Event described in Section 14.1, the Host must obtain and maintain event liability insurance covering the Event, naming Events in Minutes, Inc. and the applicable Vendor(s) and venue as additional insureds, with limits appropriate to the Event and, where alcohol is served, including host liquor liability coverage.
14.3 Proof of Coverage. EIM may demand a certificate of insurance (COI) evidencing the required coverage at any time before the Event, and the Host must provide it within the time stated in the demand (no less than 48 hours).
14.4 Consequences of Failure. If the Host fails to obtain required coverage or provide a demanded COI, EIM may cancel the Booking under Section 38.11, and/or the Vendor may decline performance, with refund treatment determined under Section 38.11 or, where the failure is a Host breach, under the applicable Cancellation Tier.
15. Guest Terms; How Guest Terms Are Applied
15.1 Host Warranty and Covenant Regarding Guests. As a condition of each Booking, the Host represents, warrants, and covenants that the Host will: (a) inform its Guests that the Event and all Vendor Services are provided by the Host and the Vendor(s) — not by EIM — and that EIM is only the technology marketplace through which services were booked; and (b) where feasible, obtain each Guest's assent to the Guest Terms (for example, through the Platform's RSVP, ticketing, or e-invite tools, or by including the Guest Terms in the Host's own invitations or registration process).
15.2 Guest Assent at RSVP. Where Guests interact with the Platform — including through an RSVP page, digital ticket, registration flow, or e-invite generated by the Platform — the Platform will present the Guest Terms via a clickwrap acceptance flow (an affirmative click or checkbox), and EIM will record each Guest's acceptance. A Guest who accepts the Guest Terms is bound by them, including the marketplace disclaimer, assumption of risk, release, and the arbitration agreement in Section 59.
15.3 No Reliance on Attendance Alone. EIM does not rely on mere attendance at an Event as acceptance of these Terms or the Guest Terms. As between the Host and EIM, the Host's warranty and indemnity in this Section 15 — together with recorded Guest assent where obtained under Section 15.2 — are the mechanisms by which Guest-related risk is allocated.
15.4 Guest Terms. The following terms (the "Guest Terms") apply to each Guest who accepts them under Section 15.2 (or otherwise agrees to them):
(a) Marketplace disclaimer. EIM is a technology marketplace only; it is not the provider, organizer, host, or planner of any Event, and it has no contractual obligation to Guests regarding any Event. Any contract for Event services is between the Event Host and the Vendor(s).
(b) Assumption of risk. The Guest voluntarily assumes all risks of attending and participating in the Event, including illness (including foodborne illness), allergic reaction, bodily injury, property damage or loss, disability, and death.
(c) Release. To the maximum extent permitted by law, the Guest releases the EIM Parties from all claims arising out of the Event or any Vendor Services, except claims arising from EIM's own gross negligence, willful misconduct, or fraud or rights that cannot lawfully be waived.
(d) Arbitration. Disputes between the Guest and EIM are subject to the arbitration agreement in Section 59 (including its opt-out right and carve-outs).
(e) Conduct. The Guest will comply with venue rules and applicable law and will not engage in conduct prohibited by Section 44.
15.5 Host Indemnity for Guest Claims. The Host will defend (at EIM's option), indemnify, and hold harmless the EIM Parties from and against any and all claims by or relating to the Host's Guests arising out of the Event, the Vendor Services, or a Guest's presence, participation, act, or omission, in accordance with Section 54.
16. Booking Modifications
16.1 Platform-Only Modifications. Hosts and Vendors must make any modification to a Booking (date, time, scope, headcount, location, or pricing) through the Platform's modification tools, so the change is recorded and priced correctly.
16.2 Resulting Amounts. The parties are responsible for any additional amounts, Platform Fees, and taxes resulting from a modification, computed and disclosed at the time of the modification.
16.3 Material Changes Need Vendor Approval. Material changes to Event details (including headcount changes beyond the Listing's stated tolerance, venue changes, or scope changes) require the Vendor's approval through the Platform no later than 48 hours before the Event start. Material changes requested within 48 hours of the Event are effective only if the Vendor expressly accepts them on the Platform.
17. Alcohol at Events (Host Obligations)
17.1 Sales of Alcohol. Only Vendors (or other persons) holding all required liquor licenses and permits may sell alcohol at an Event. Hosts must not sell, or permit the sale of, alcohol at an Event except through appropriately licensed persons.
17.2 Host-Supplied Alcohol. If the Host supplies its own alcohol for service at an Event, the Host is solely responsible for: (a) obtaining all required permits (including any temporary or special-event alcohol permits); (b) complying with all laws governing alcohol service, including minimum-age laws and laws prohibiting service to visibly intoxicated persons; and (c) complying with all venue and Vendor rules on alcohol.
17.3 Indemnity. The Host will indemnify the EIM Parties, in accordance with Section 54, against all claims arising out of alcohol supplied, served, sold, or consumed at the Host's Event in violation of law or these Terms, including claims under dram-shop or social-host liability laws.
18. Event Photography and Recordings
18.1 Host and Guest Recording License. Hosts and Guests may photograph and film the Event and may use the resulting photos and videos for personal purposes — and, for corporate or organizational Hosts, for internal business purposes (e.g., internal communications and archives) — including images and footage that incidentally capture the venue, Vendor staff, and Vendor work product (such as décor, food styling, floral and design installations, and staging).
18.2 Vendor License and Waiver. Each Vendor grants Hosts and Guests the corresponding non-exclusive license to capture and use such photos and videos as described in Section 18.1 and waives any claims against Hosts, Guests, and the EIM Parties arising from such incidental capture of the venue, Vendor staff, or Vendor work product.
18.3 Commercial Use Requires Consent. Commercial exploitation of a Vendor's work product beyond ordinary Event coverage — for example, advertising built around a Vendor's installation or design, or resale of images of the Vendor's work — requires the Vendor's prior consent.
18.4 Guest Consents. The Host is responsible for obtaining any publicity, privacy, or personality-rights consents required from Guests for the Host's own recordings and their intended uses.
18.5 Cross-References. Venue camera and recording-device disclosures are governed by Section 31. Content shared on or through the Platform is licensed to EIM under Section 41.
PART IV — VENDOR TERMS
This Part IV applies to Vendors, including everyone acting under a Vendor's account.
19. Vendor Independence; Direct Contracts; Supplemental Vendor Contracts
19.1 Independent Businesses. Vendors are independent businesses and independent contractors. Nothing in these Terms creates an employment, agency (except the limited payment collection agency in Section 33), joint-venture, partnership, or franchise relationship between any Vendor and EIM. EIM does not control or direct, and has no right to control or direct, the performance of Vendor Services.
19.2 Structural Independence (Referral-Agency Conditions). Each Vendor represents, warrants, and agrees, consistent with Cal. Labor Code § 2777, that:
(a) the Vendor is free from EIM's control and direction in performing Vendor Services, both under contract and in fact;
(b) the Vendor maintains its own clientele and is free to seek work through other channels — including competing platforms, its own website, and direct engagements — and to work directly with clients;
(c) the Vendor provides its own tools, supplies, vehicles, and equipment used to perform Vendor Services;
(d) the Vendor sets its own rates and prices (or negotiates them directly with the client) without dictation by EIM, and sets its own hours, schedule, availability, staffing, and methods;
(e) the Vendor maintains all business licenses, business tax registrations, and professional certifications required by the jurisdictions in which it performs services;
(f) the Vendor delivers Vendor Services under the Vendor's own name and brand — not EIM's — and is customarily engaged in an independently established business of the same nature as the Vendor Services provided;
(g) the Vendor is free to accept or reject clients, Bookings, and contracts, without penalty other than the consequences of cancelling a Booking the Vendor has already accepted (Section 38.5); and
(h) the Vendor certifies its state contractor, professional, or occupational licenses to EIM where required for its category.
19.3 Direct Contract at Listing Terms. Each confirmed Booking forms a direct contract between the Vendor and the Host for the Vendor Services at the price, scope, and terms stated in the Listing and Booking Confirmation. EIM is not a party to that contract (Section 6.2).
19.4 Supplemental Vendor Contracts. A Vendor may ask a Host to sign a supplemental service agreement (e.g., a catering contract or venue rules addendum) only if that supplemental agreement: (a) is consistent with these Terms, the Listing, and the applicable Cancellation Tier; (b) is disclosed in the Listing and made available to the Host before booking; (c) does not expand the Host's liability beyond the limits set by these Terms, impose fees not disclosed in the Listing, impose cancellation terms different from the applicable Cancellation Tier, or purport to restrict or penalize honest reviews (Section 40); and (d) does not purport to bind or obligate EIM. Any provision of a supplemental vendor agreement that conflicts with these Terms is void as between the Vendor and EIM, and, as to cancellation and refunds, the Platform framework in Section 38 controls.
20. Listings: Accuracy, Complete Pricing, Authentic Media
20.1 Accuracy. Each Listing must be complete, accurate, and current at all times, including service descriptions, capacity, availability, geographic service area, requirements, restrictions, rules, and the applicable Cancellation Tier. Vendors must promptly update Listings when anything changes.
20.2 Complete Pricing. Every mandatory fee or charge the Vendor imposes — including travel charges, setup and teardown fees, service charges, minimums, and mandatory gratuities — must be included in the Listing's price breakdown so it is reflected in the displayed all-in price (Section 10.2). Vendors must not charge Hosts any fee that is not disclosed in the Listing and included in the Booking, and must not solicit or collect any payment off-Platform (see Section 25).
20.3 Authentic Media. Portfolio photographs and videos presented in a Listing as the Vendor's actual work product are warranted by the Vendor to be authentic depictions of the Vendor's own work and not AI-generated, AI-fabricated, or materially AI-altered imagery. Illustrative or AI-assisted concept imagery must be clearly labeled as such and must not be presented as completed work.
21. Know Your Legal Obligations
Vendors are solely responsible for identifying, obtaining, and complying with all legal requirements that apply to their business and services, including business licenses; permits; health permits and certifications; liquor licenses; zoning and land-use rules; fire and occupancy codes; business and tax registrations; and employment, wage-and-hour, and immigration laws. Any compliance information, checklist, reminder, or resource EIM provides is for informational purposes only, is not legal advice, and may be incomplete or outdated; Vendors must confirm their obligations with their own counsel and regulators.
22. Vendor Representations and Warranties
Each Vendor represents, warrants, and agrees that:
(a) the Vendor is qualified and experienced to perform every Vendor Service it lists;
(b) the Vendor is, and will remain, licensed, certified, bonded, and insured as required by applicable law for the specific services and jurisdictions involved, and that these requirements are satisfied for all of the Vendor's employees, subcontractors, and personnel who perform services;
(c) all Vendor Services will be performed in a timely, professional, and workmanlike manner consistent with the Listing and Booking Confirmation;
(d) the Vendor will not subcontract, delegate, or assign performance of a confirmed Booking without the prior written consent of the Host (and notice to EIM through the Platform);
(e) the Vendor will promptly self-report to EIM any criminal conviction of the Vendor or of any principal or personnel performing services under its account — for fraud, theft, a crime of violence, sexual misconduct, or an offense related to the services the Vendor provides — arising during the Vendor's use of the Platform;
(f) the Vendor will immediately notify EIM and the affected Host of any circumstance that may prevent or materially impair performance of a confirmed Booking; and
(g) all information the Vendor provides to EIM and to Hosts is accurate and not misleading.
23. Vendor Insurance Requirements
23.1 Mandatory vs. Recommended Categories. Vendor insurance is MANDATORY — a condition of listing and of every Booking — for Vendors in the following categories: venues; caterers and food-service vendors; bar and alcohol-service vendors; transportation vendors; security vendors; and entertainers whose performances involve physical activities, pyrotechnics, or fire. Vendor insurance of the professional-liability type is RECOMMENDED — but not a condition of listing — for lower-physical-risk professional categories such as event planners, coordinators, and officiants (see Section 23.3(e)). EIM may display a Vendor's insurance status on its Listing.
23.2 Baseline Mandatory Coverage. Each Vendor in a mandatory category must obtain and maintain, at its own expense, at least:
(a) Commercial General Liability (CGL) insurance of $1,000,000 per occurrence and $2,000,000 aggregate, covering bodily injury, property damage, personal and advertising injury, and products/completed operations; and
(b) Workers' compensation insurance as required by the law of each state in which the Vendor operates, covering all employees and, where required, subcontractors.
23.3 Category-Specific Lines. In addition to the baseline:
(a) Caterers/food: products/completed-operations coverage within the CGL policy;
(b) Bar/alcohol: liquor liability insurance of at least $1,000,000 per occurrence;
(c) Transportation: commercial automobile liability insurance at or above all federal (FMCSA) and state (TCP/PUC) minimums; commercial auto coverage is likewise required for any Vendor using vehicles in connection with Vendor Services;
(d) Security: coverage appropriate to security services, including coverage for use-of-force incidents;
(e) Entertainers with physical/pyrotechnic/fire elements: performance-risk and participant-injury coverage; and
(f) Event planners, coordinators, officiants (recommended tier): professional liability / errors-and-omissions coverage is recommended.
23.4 Certificates; Additional Insured. Upon EIM's demand, a Vendor must promptly provide certificates of insurance naming Events in Minutes, Inc. as an additional insured for the mandatory lines. Hosts may also request COIs before booking.
23.5 Lapse Notification. Vendors must notify EIM within five (5) days of any lapse, cancellation, non-renewal, or material reduction of any mandatory coverage line.
23.6 Consequences of Failure — Mandatory Lines Only. Failure to obtain or maintain a MANDATORY coverage line, or failure to provide a demanded COI for a mandatory line, may result in Listing suspension, Booking cancellation under Section 38.11, and account suspension or termination. Failure to carry a merely RECOMMENDED line is not a suspension or cancellation event.
23.7 No Verification by EIM. EIM does not verify, validate, or guarantee the existence, adequacy, or currency of any Vendor's insurance. Hosts should independently verify coverage directly with Vendors and their insurers.
24. Category-Specific Vendor Obligations
In addition to all other Vendor obligations, Vendors in the following categories represent, warrant, and agree as follows:
24.1 Caterers and Food-Service Vendors. Maintain all required food-handler permits, food-establishment licenses, and health-department certifications for each jurisdiction where services are performed; comply with the FDA Food Code and all state and local food-safety laws, including proper food handling, temperature control, storage, transportation, and sanitation; maintain current food-handler certifications (ServSafe or equivalent) for all personnel who prepare, handle, or serve food; disclose allergen information and reasonably accommodate allergen requests; carry products/completed-operations coverage (Section 23.3(a)); and, if operating under cottage-food laws, comply with those laws and clearly disclose cottage-food status in the Listing.
24.2 Bar and Alcohol-Service Vendors. Hold all liquor licenses, permits, and certifications required by the applicable alcoholic-beverage-control authority in each service jurisdiction; ensure every bartender and server holds current Responsible Beverage Service (RBS) certification where required (including California's mandatory RBS certification under AB 1221); comply with all alcohol-service laws, including prohibitions on service to minors and to visibly intoxicated persons, hours-of-service limits, and applicable dram-shop statutes; implement reasonable ID-verification procedures; carry liquor liability insurance (Section 23.3(b)); and assume full responsibility for all alcohol-related liabilities, including dram-shop liability. EIM has no responsibility for any alcohol-related incident.
24.3 Transportation Vendors. Maintain all required commercial driver's licenses (CDL), vehicle registrations, inspections, and operating authority (including California TCP permits and applicable PUC authority or out-of-state equivalents); comply with all FMCSA and U.S. DOT regulations and state transportation rules; ensure every driver is properly licensed and has completed all background checks and drug/alcohol testing required under FMCSA or state law; keep all vehicles properly maintained, inspected, and safe; comply with passenger-safety laws (seatbelts, child-safety seats, capacity limits) and accessibility requirements under the ADA; and carry commercial auto insurance at or above required minimums (Section 23.3(c)).
24.4 Security Vendors. Hold all required security-guard registrations ("guard cards"), private-patrol-operator licenses, and company licenses required by the applicable state authority (e.g., the California Bureau of Security and Investigative Services (BSIS)); ensure all personnel satisfy state training, background-check, and licensure requirements; comply with all laws governing use of force, detainment, and crowd management; and carry insurance appropriate to security services, including use-of-force coverage (Section 23.3(d)).
24.5 Photographers and Videographers. Respect the intellectual-property, privacy, and publicity rights of all Event participants; clearly disclose in the Listing who owns deliverables (Vendor or Host) and what usage rights are granted; obtain model releases, or ensure the Host provides appropriate consents, for publicly distributable content; and, for any drone/UAS use, comply with FAA Part 107, including holding a current Remote Pilot Certificate and any required waivers and airspace authorizations.
24.6 Entertainers and Performers (Including Pyrotechnics, Fire Acts, and Physical Activities). Obtain all required entertainment permits, pyrotechnics licenses, fire-marshal approvals, and special-event permits; carry performance-risk and participant-injury coverage for interactive or physical activities (Section 23.3(e)); comply with fire codes, noise ordinances, and occupancy restrictions; and, for activities involving children, comply with all applicable child-safety, supervision, and background-check requirements.
24.7 Beauty and Personal-Service Vendors. Hold all required cosmetology, esthetician, barbering, or similar licenses issued by the applicable state board; use only products compliant with FDA regulations and state cosmetics-safety standards; and maintain the sanitation and hygiene standards required by applicable state boards.
24.8 Staffing Vendors. Comply with all employment and labor laws, including wage-and-hour and overtime laws, workers'-compensation requirements, anti-discrimination laws, and work-authorization verification (Form I-9) obligations; ensure all assigned personnel are trained, authorized to work, and covered by workers' compensation; ensure current food-handler certifications for assigned food-handling staff; and ensure current RBS certifications for assigned alcohol-service staff.
24.9 All Regulated Services (Catch-All). Every Vendor providing a Regulated Service — in any of the 25 Vendor categories on the Platform — must identify, obtain, and maintain every license, permit, registration, certification, approval, and insurance coverage required for that service by any governmental authority with jurisdiction over the service or the Event location, must perform the service in compliance with all applicable health, safety, fire, and consumer-protection requirements, and must provide evidence of compliance to EIM on demand. EIM may suspend or remove any Listing for a Regulated Service pending verification.
25. Non-Circumvention; Liquidated Damages
25.1 Non-Circumvention Covenant. For twelve (12) months after a Host or Guest is first introduced to a Vendor through the Platform (including through a Listing view accompanied by an inquiry, a message thread, a quote, or a Booking), the Vendor must not solicit, steer, accept, or process — and must not attempt or induce — any booking, payment, or transaction for event services with that Host or Guest off the Platform, and must not encourage any Member or Guest to cancel a Booking to re-book off-Platform.
25.2 Liquidated Damages. If a Vendor circumvents Section 25.1, the Vendor will pay EIM liquidated damages equal to thirty percent (30%) of the off-Platform booking or transaction subtotal for each circumvented transaction. The parties agree this amount is a reasonable pre-estimate of EIM's loss and not a penalty, because at the time of contracting: (a) EIM loses its Service Fees and Payment Processing Fees on the diverted transaction and on the expected lifetime of repeat bookings from the platform-introduced relationship; (b) EIM loses the value of its costs of acquiring, vetting, onboarding, and marketing the Vendor and the customer relationship, and incurs rebooking and trust-remediation costs; and (c) off-Platform transactions are inherently difficult to detect, and actual damages from a diverted relationship are impracticable to calculate at the time of contracting. This clause is agreed between commercial parties within the meaning of Cal. Civ. Code § 1671(b). Liquidated damages are collectible by payout offset (Section 28.3), charge to the Vendor's payment method on file, or invoice.
25.3 Additional Consequences. Any transaction conducted off-Platform in violation of this Section 25: (a) voids all EIM Damage Protection Program benefits and all Platform protections for that transaction; and (b) constitutes a material, terminable breach of these Terms. Fee circumvention by any Member (Host or Vendor) is a terminable breach.
26. Rate Parity
Each Vendor agrees that the prices it offers on the Platform, and the Cancellation Tier it selects, will be no less favorable to customers than the prices and cancellation terms the Vendor offers for comparable services through its own website or any other channel (taking into account comparable dates, scope, and inclusions). EIM may verify parity and may adjust ranking or featured status for Listings that violate this Section.
27. Vendor Taxes and Information Reporting
27.1 Vendor Taxes. Each Vendor is solely responsible for determining and fulfilling all of its tax obligations arising from amounts earned through the Platform, including income, self-employment, payroll, sales-and-use, and business taxes.
27.2 Tax Documentation as a Payout Condition. Providing a completed IRS Form W-9 (or Form W-8BEN / W-8BEN-E for non-U.S. Vendors) is a condition of receiving payouts.
27.3 Information Reporting. EIM and/or its payment processor will file IRS Form 1099-K and any other required information returns (e.g., Form 1099-NEC where applicable) reflecting amounts paid to Vendors, as required by law.
27.4 Collection and Remittance. Where a marketplace-facilitator or similar law requires it, Vendors authorize EIM to collect and remit taxes on transactions through the Platform. If EIM collects or remits a tax in error, the Vendor's and Host's sole remedy is a refund of that tax from the applicable taxing authority, and each Member agrees to seek any over-collected tax from that authority.
27.5 Withholding. EIM may withhold from payouts any amounts required by law, and may withhold payouts entirely until required tax documentation is received.
28. Vendor Payouts
28.1 Payout Timing and Method. Subject to this Section 28, EIM will initiate payout of the Vendor Subtotal (less the Service Fee, the Vendor-side Payment Processing Fee, and any other amounts owed to EIM) seven (7) days after Event completion, via Stripe to the Vendor's connected account.
28.2 Stripe Connected Account Agreement. Payouts are processed by Stripe. As a condition of receiving payouts, each Vendor must create and maintain a Stripe connected account and agrees to be bound by the Stripe Connected Account Agreement (including the Stripe Services Agreement and Stripe's Payment Terms), as updated by Stripe from time to time. Vendors authorize EIM to share with Stripe the information required to open and maintain the connected account.
28.3 Withholding; Offsets. EIM may delay, withhold, or offset payouts, in whole or in part: (a) during any pending dispute, damage claim, refund decision, or Booking-issue investigation; (b) upon any chargeback or reversal; (c) upon suspected fraud or suspected violation of these Terms; (d) to collect vendor-cancellation penalties (Section 38.5), liquidated damages (Section 25.2), or any other amount the Vendor owes EIM or a Host under these Terms; and (e) as required by law.
28.4 Clawback. If EIM refunds a Host (under Section 38, a chargeback, a damage decision, or applicable law) after paying out to the Vendor, EIM may recover the refunded amounts from the Vendor by deducting them from future payouts, charging the Vendor's payment method on file, or invoicing the Vendor (payable within 30 days).
29. Vendor Data-Protection Obligations
Each Vendor agrees that: (a) personal information of Hosts and Guests received through the Platform or a Booking may be used only to perform that Booking (communications, delivery of services, and legally required records); (b) the Vendor will not sell such personal information or use it for secondary marketing, advertising, profiling, list-building, or any purpose unrelated to the Booking, and will not add Hosts or Guests to marketing lists without their separate, lawful consent; (c) the Vendor will comply with all applicable privacy and data-protection laws (including the CCPA/CPRA) and will implement reasonable safeguards for such data; and (d) EIM may audit or require written verification of the Vendor's compliance with this Section on reasonable notice.
30. Vendor Teams and Organizations
A Vendor is responsible and liable for the acts and omissions of its owners, employees, subcontractors, agents, and anyone else who performs services in connection with its Bookings or who accesses or operates under its account, as if those acts and omissions were the Vendor's own.
31. Security Cameras and Recording Devices (Venue Vendors)
31.1 Listing Disclosure. Every venue Vendor must disclose in its Listing every security camera, monitoring device, and audio or video recording device present on the premises, including the device type and its location.
31.2 Absolute Privacy-Zone Ban. No cameras, monitoring devices, or recording devices are permitted — ever, disclosed or not — in bathrooms, changing areas, lactation rooms, or any other area where occupants have a reasonable expectation of privacy.
31.3 No Undisclosed Audio. Undisclosed audio recording is prohibited. California is an all-party-consent state (Cal. Penal Code §§ 631–632); venue Vendors must not record audio of Hosts or Guests without all legally required consents.
31.4 Consent Through Booking. By confirming a Booking for a venue whose Listing discloses devices under Section 31.1, the Host consents — and agrees to inform Guests, so that Guests are on notice — to the disclosed devices' presence and operation during the Event.
31.5 Violations. Violation of this Section 31 will result in Listing removal and/or account termination, and is an indemnity trigger under Section 54.
PART V — FEES AND PAYMENTS
32. Service Fees; All-In Pricing; Non-Refundability
32.1 Fee Structure. EIM charges the following Platform Fees, each disclosed before a Booking is confirmed:
(a) a Service Fee equal to eleven percent (11%) of the Vendor Subtotal, charged to the Vendor and deducted from the Vendor's payout; and
(b) a Payment Processing Fee equal to three percent (3%), charged on each side of the transaction — one 3% fee charged to the Event Host (included in the Host's displayed all-in price) and one 3% fee charged to the Vendor (deducted from the Vendor's payout).
32.2 All-In Price Display. Consistent with Section 10.2 and Cal. Civ. Code § 1770(a)(29) (SB 478), all mandatory fees — including EIM's Platform Fees and every mandatory Vendor charge — are included in the price displayed and advertised to Hosts. Only government taxes, optional add-ons the Host selects, refundable security deposits, and (where applicable) reasonable shipping costs are added afterward, and each is itemized before payment.
32.3 Non-Refundability. Platform Fees are earned upon Booking confirmation and are non-refundable, except as expressly provided in these Terms (including the universal grace period and the 100% refund levels of Section 38, vendor-initiated cancellations under Section 38.5, excused cancellations under Section 38.6, and EIM-initiated cancellations under Section 38.11), in the Cancellation and Refund Policy, or as required by applicable law.
32.4 Fee Changes. EIM may change its fee structure prospectively on at least thirty (30) days' notice. Fee changes never affect Bookings confirmed before the change's effective date.
33. Payment Processing; Limited Payment Collection Agent
33.1 Appointment. Each Vendor appoints Events in Minutes, Inc. as the Vendor's limited payment collection agent, solely for the purpose of accepting payments from Event Hosts on the Vendor's behalf using the Platform's payment tools.
33.2 Payment Extinguishes the Host's Obligation. Payment of the Total Price by an Event Host to EIM is deemed payment made directly to the Vendor and fully extinguishes and satisfies the Host's payment obligation to the Vendor for the booked Vendor Services, regardless of whether EIM has yet remitted the funds to the Vendor. If EIM fails to remit funds it has actually received, the Vendor's recourse is against EIM only, not the Host.
33.3 Remittance Conditional on Receipt. EIM's obligation to remit any amount to a Vendor is subject to and conditional upon EIM's successful receipt of the corresponding funds from the Event Host. In accepting appointment as limited payment collection agent, EIM assumes no liability for any act or omission of any Vendor.
33.4 Processors. Payments are processed by third-party payment processors (including Stripe). By submitting payment information, you authorize EIM and its processors to charge the applicable amounts to your selected payment method(s) per Section 11. EIM does not store full card numbers on its servers. Processing is also subject to the applicable processor's terms and privacy policy.
33.5 Currency. All prices and payments are denominated in U.S. dollars unless otherwise stated.
34. Additional Charges
The following additional charges may apply and, where applicable, may be collected under the pre-authorization in Section 11.3:
(a) Overtime, computed under Section 12.2 (Vendor hourly rate × the Listing-disclosed 1.0x–1.5x multiplier, in 30-minute increments, plus the EIM Service Fee);
(b) Over-capacity fees, as disclosed in the Listing, where the actual headcount exceeds the booked or maximum-permitted headcount;
(c) Damage charges, determined under the damage-claims process in Section 46;
(d) Excess-cleaning charges, where the space or equipment is left in a condition requiring cleaning beyond ordinary post-event cleaning, substantiated with documentation; and
(e) Rule-break fines for violation of Listing rules, capped at $250 per Booking unless the specific fine amount was pre-disclosed in the Listing rules or the charge is substantiated by an itemized invoice for actual costs.
35. Late Payments; Collections
If any amount you owe under these Terms is not paid when due: (a) EIM may assess a late charge of up to ten percent (10%) of the overdue amount, plus interest at twenty-five percent (25%) per annum or the maximum rate permitted by law, whichever is less, from the due date until paid; (b) EIM may refer the debt to collection agencies and/or pursue legal remedies, and you are responsible for EIM's reasonable costs of collection, including collection-agency fees and reasonable attorneys' fees, to the extent permitted by law; and (c) EIM may suspend your account and any pending Bookings or payouts until payment is made.
36. Security Deposits; Cleaning Fees; Platform Credits
36.1 Security Deposits. Where a Listing requires a refundable security deposit, the deposit is disclosed before checkout, collected (or placed as a hold) at or before the Event, and released within seven (7) days after the Event unless a damage claim is pending under Section 46. Where a claim is pending, the deposit is applied first, in the offset order stated in Section 46.5. Refundable security deposits are released in full upon any pre-Event cancellation of the Booking, in every Cancellation Tier.
36.2 Cleaning Fees. Cleaning fees are disclosed in the Listing and included in the all-in price display. If a Booking is cancelled before the venue or service is used, the cleaning fee is refunded 100% — in every Cancellation Tier, at every refund level.
36.3 Excess Cleaning. Excess-cleaning charges beyond the disclosed cleaning fee are governed by Section 34(d) and the damage-claims process.
36.4 Platform Credits. Platform Credits issued by EIM (including refund-elections under Section 38.9(g)) are applied dollar-for-dollar to future Bookings, are non-transferable, have no cash value, and are not redeemable for cash except where required by law. Expiration dates, if any, are disclosed at issuance.
37. Promotions, Referral Credits, and Coupons
(a) Promo codes, coupons, and referral credits have no cash value, are non-transferable, and are not redeemable for cash except as required by law;
(b) limits apply: one account per person (Section 4.2), no self-referrals, and no stacking unless expressly stated;
(c) expiration dates and conditions are disclosed at issuance;
(d) EIM may modify or revoke any promotion or referral program prospectively at any time, and may claw back credits obtained through fraud, self-dealing, or program abuse;
(e) credits are applied after Platform Fees are computed, unless the promotion's terms expressly state otherwise; and
(f) any separate referral-program terms published on the Platform are incorporated by reference (Section 2.1).
PART VI — CANCELLATIONS, REFUNDS, AND BOOKING ISSUES
38. Cancellation and Refund Policy
This Section 38 is the Platform's Cancellation and Refund Policy. It states the complete cancellation and refund framework for Hosts, Vendors, Guests, and EIM, and it controls over any Vendor-drafted cancellation terms (Section 38.8).
38.1 Universal 24-Hour Grace Period (Host Cancellations)
Every Host who cancels a Booking within twenty-four (24) hours after the Booking Confirmation receives a 100% refund — including all EIM Platform Fees — provided the Event start time is more than forty-eight (48) hours away at the moment of cancellation. There is no grace period for Bookings made within 48 hours of the Event start. The grace period applies in every Cancellation Tier and is voided by material Event misrepresentation (Sections 13.4 and 38.9(e)).
38.2 How Cancellation Tiers Work
Each Vendor selects one of the four Cancellation Tiers below for each Listing. The selected Tier is displayed on the Listing and at checkout and applies to the Booking. If a Listing displays no Tier, the Standard Tier applies as the Platform default. Refund percentages below apply to the Vendor Subtotal; the treatment of EIM fees, cleaning fees, and security deposits is stated in Section 38.4.
38.3 The Four Host-Cancellation Tiers
(a) Very Flexible (typical for low-preparation services such as DJs, photo booths, and rentals)
- Cancellation up until 24 hours before the Event start: 100% refund, including all EIM Platform Fees.
- Cancellation less than 24 hours before the Event start: no refund (0%).
(b) Flexible (typical for photographers, entertainers, and staffing)
- Cancellation up until 7 days before the Event start: 100% refund, including all EIM Platform Fees.
- Cancellation between 7 days and 24 hours before the Event start: 50% refund of the Vendor Subtotal (excluding EIM Platform Fees, which EIM retains).
- Cancellation less than 24 hours before the Event start: no refund (0%).
(c) Standard — Platform Default (typical for caterers, florists, and most venues)
- Cancellation up until 30 days before the Event start: 100% refund, including all EIM Platform Fees.
- Cancellation between 30 days and 7 days before the Event start: 50% refund of the Vendor Subtotal (excluding EIM Platform Fees, which EIM retains).
- Cancellation less than 7 days before the Event start: no refund (0%).
(d) Strict (typical for large venues, weddings, and high-preparation custom work)
- Cancellation up until 90 days before the Event start: 100% refund, including all EIM Platform Fees.
- Cancellation between 90 days and 14 days before the Event start: 50% refund of the Vendor Subtotal (excluding EIM Platform Fees, which EIM retains).
- Cancellation less than 14 days before the Event start: no refund (0%).
38.4 Fee, Cleaning-Fee, and Deposit Treatment at Each Refund Level
(a) 100% level (and the universal grace period): the Host is refunded everything — the Vendor Subtotal, all EIM Platform Fees, taxes, cleaning fees, and deposits.
(b) 50% level: the Host is refunded 50% of the Vendor Subtotal; EIM retains its Platform Fees (Service Fee and Payment Processing Fees); taxes are refunded as required by law.
(c) 0% level: no refund of the Vendor Subtotal or Platform Fees.
(d) Cleaning fees and refundable security deposits are excluded from the tier percentages: cleaning fees are refunded 100% in ALL Tiers and at ALL refund levels if the Booking is cancelled before the venue or service is used, and refundable security deposits are released in full on any pre-Event cancellation (Sections 36.1–36.2).
38.4a Inside-Window Bookings (Anti-Gaming Cap)
If a Booking is made after the start of the Tier's 100%-refund window (for example, a Strict-Tier Booking made 60 days before the Event), the Booking is capped at the 50% level: the Host may receive at most a 50% refund of the Vendor Subtotal (with EIM retaining its Platform Fees) until the Tier's 50%-window deadline — or, for the Very Flexible Tier, until 24 hours before the Event start — after which no refund is due. This prevents gaming of longer-window Tiers. The universal grace period in Section 38.1 still applies where its conditions are met.
38.4b Optional Non-Refundable Deposit Structure (Strict Tier Only)
A Vendor using the Strict Tier may, as an alternative disclosed in the Listing, require a non-refundable booking deposit of up to twenty-five percent (25%) of the Vendor Subtotal, with the balance governed by the Strict Tier schedule above. This structure is permitted only if it is prominently and conspicuously disclosed in the Listing and at checkout before the Host confirms the Booking, consistent with California consumer-disclosure requirements.
38.5 Vendor-Initiated Cancellations
If a Vendor cancels a confirmed Booking (or fails to perform, which is treated as a cancellation):
(a) the Host receives a 100% refund of all amounts paid, including all EIM Platform Fees, plus rebooking assistance from EIM to find replacement services;
(b) the Vendor must pay EIM a cancellation penalty equal to the greater of $100 or 30% of the total Booking value, plus the Host's reasonable, documented displacement costs (such as the excess cost of comparable replacement services and reasonable expenses caused by the cancellation);
(c) the penalty and displacement costs are collectible by offset against the Vendor's pending and future payouts (Section 28.3), by charge to the Vendor's payment method on file, or by invoice;
(d) repeat cancellations — multiple vendor-initiated cancellations within any six (6) month period — will result in delisting;
(e) any vendor-initiated cancellation may result in loss of featured placement and instant-book status for up to six (6) months, reduced search ranking, and warning notations on the Listing; and
(f) EIM may suspend or terminate the Vendor's account for vendor-initiated cancellations, in accordance with Section 49.
No penalty applies where the cancellation qualifies as an excused cancellation under Section 38.6 or is directed by EIM without Vendor fault under Section 38.11.
38.6 Excused Cancellations — Major Disruptive Events
(a) Who may invoke. Either the Host or the Vendor may request an excused cancellation by submitting the request through the Platform with supporting evidence (e.g., medical documentation, official declarations, government orders, or damage documentation).
(b) Qualifying events ("Major Disruptive Events").
- Death, serious illness, or serious injury of a party to the Booking or a member of their immediate family;
- A declared natural disaster or state of emergency at the Event location;
- Government restrictions, travel bans, or an authority-ordered closure of the venue;
- Severe damage to the venue or to critical equipment that makes performance impracticable; or
- A legal injunction or court order preventing the Event or the Vendor Services — excluding injunctions or judgments arising from the Vendor's own unlawful Listing or operations.
(c) Result. If EIM determines a Major Disruptive Event applies: the Host receives a full refund (or, at the Host's election, full Platform Credit); no vendor-cancellation penalty applies; and no payout is made to the Vendor for the cancelled Booking. EIM's determination is made on the submitted evidence and is final as between the parties per Section 45.
38.7 Chargebacks
Filing a payment-card chargeback for a Booking instead of using this Section 38 and the process in Section 45 results in immediate suspension of your account while the chargeback is investigated. If a chargeback is resolved against a Host, the disputed amounts (plus processor fees) are due immediately and may be collected under Sections 11 and 35. Chargeback amounts and processor fees attributable to a Vendor's Booking may be deducted from the Vendor's payouts under Section 28.3, with notice and a reasonable opportunity to respond.
38.8 Platform-Policy Supremacy
EIM's refund, rebooking, Major-Disruptive-Event, and Booking-issue determinations under this Section 38 and Sections 45–46 preempt and override the Vendor's selected Cancellation Tier and any Vendor-drafted cancellation or refund terms. By listing on the Platform, each Vendor pre-agrees to those determinations, to refunds issued in accordance with this Section 38, and to EIM withholding payout pending any refund decision and clawing back refunded amounts after payout (Section 28.4).
38.9 Cancellation Mechanics
(a) Platform-only. A cancellation is effective only when submitted through the Platform's "Cancel Booking" function and confirmed by the Platform. Messages, phone calls, emails, texts, or verbal statements do not effect a cancellation, and refund timing is measured from the Platform-confirmed cancellation timestamp.
(b) Local time. All cancellation deadlines are computed in the Event location's local time.
(c) Multi-day Events. For multi-day Events, cancellation deadlines and refund percentages are computed separately for each Event day, based on that day's start time and that day's allocable portion of the Vendor Subtotal.
(d) Rescheduling. Hosts and Vendors may reschedule by mutual agreement recorded through the Platform's modification tools (Section 16). Rescheduling re-anchors the Cancellation Tier windows to the new Event date. A reschedule is not a cancellation and triggers no Tier consequences by itself.
(e) Misrepresentation. Material misrepresentation of the Event or the circumstances of a cancellation voids the Host's refund rights, including the grace period (Section 13.4).
(f) Refund method and timing. Refunds are issued to the original payment method; processing times depend on the processor and issuing bank and are outside EIM's control.
(g) Refund-or-credit election. Wherever a refund is due, the Host may elect Platform Credit instead of a refund, credited dollar-for-dollar. Platform Credit is non-transferable and not redeemable for cash except as required by law (Section 36.4).
38.10 Booking Issues — Reporting and Remedies
(a) Covered Booking issues: (1) Vendor no-show; (2) Vendor Services or venue materially not as described in the Listing; or (3) a safety issue with the Vendor Services or venue (unsafe, unsanitary, or unlawful conditions).
(b) 72-hour reporting SLA. The Host must report a Booking issue through the Platform within seventy-two (72) hours of discovering it, and in no case later than 72 hours after the Event ends, with reasonable documentation (photos, messages, receipts).
(c) Remedies. For a substantiated Booking issue, EIM will, in its determination: provide rebooking assistance (helping the Host find comparable replacement services) and/or issue a partial or full refund (including, for a no-show, a 100% refund including all Platform Fees, treated as a vendor-initiated cancellation under Section 38.5).
(d) Payout hold. The Vendor's payout for the affected Booking is withheld pending resolution of a timely reported Booking issue (Section 28.3).
38.11 EIM-Initiated Cancellation
(a) EIM's right to cancel. EIM may cancel any Booking before the Event start where: (1) EIM identifies a safety or trust-and-safety concern involving either party, the venue, or the Event; (2) the Vendor is removed or suspended from the Platform; (3) a required insurance or COI condition (Section 14 or Section 23) has not been satisfied; (4) EIM suspects fraud or a violation of these Terms; or (5) for any other reason, in EIM's sole discretion.
(b) Refund treatment. Upon an EIM-initiated cancellation, the Host receives a 100% refund of all amounts paid, including all EIM Platform Fees — or, at the Host's election, Platform Credit in the same amount.
(c) No vendor penalty without fault. No vendor-cancellation penalty under Section 38.5 applies where the EIM-initiated cancellation is not the Vendor's fault. Where the cancellation results from the Vendor's breach, insurance failure, removal, or misconduct, EIM may apply Section 38.5 penalties.
(d) Liability limit. EIM's entire liability to all parties for an EIM-initiated cancellation is limited to the refund or Platform Credit described in Section 38.11(b). EIM has no liability for consequential damages, displacement costs, replacement-cost differences, or any other loss arising from an EIM-initiated cancellation.
38.12 Guests
Guests have no refund rights against EIM. Any amounts a Guest paid to a Host (e.g., ticket contributions) are a matter between the Guest and the Host.
PART VII — TRUST, SAFETY, AND CONTENT
39. Identity Verification and Background Checks
39.1 Screening Rights. EIM may, but has no obligation to, screen Members and Vendor personnel, including identity verification, business verification, criminal-records checks, and sex-offender-registry checks, performed directly or through third-party consumer reporting agencies (such as Checkr or HireRight).
39.2 FCRA Mechanics. U.S. Members consent in these Terms to EIM obtaining verification and screening information. However, where any check is a "consumer report" governed by the Fair Credit Reporting Act (FCRA), EIM (or its screening provider) will provide a separate, standalone FCRA disclosure and obtain your separate written authorization at the time of the check — consent under these Terms alone is not, and will not be treated as, FCRA authorization.
39.3 Adverse Action. If EIM takes adverse action based in whole or in part on an FCRA consumer report (such as denying or terminating an account), EIM will follow the FCRA adverse-action process, including pre-adverse-action notice with a copy of the report and the CFPB Summary of Rights, a reasonable opportunity to respond, and a final adverse-action notice.
39.4 No Warranty. Screening and verification do not guarantee anyone's identity, background, or conduct. Checks may not identify past misconduct and cannot prevent future misconduct. Section 6.3 applies to all verification and badging.
40. Reviews and Ratings
40.1 Honest, First-Hand Reviews. Reviews must reflect the reviewer's genuine, first-hand experience with the Booking. Buying, trading, or manipulating reviews (including review swaps, incentivized reviews not disclosed as such, and fake bookings to generate reviews) is prohibited.
40.2 Accuracy Disclaimer. Reviews are not verified by EIM for accuracy and may be inaccurate or misleading. Reviews reflect the opinions of their authors, not of EIM.
40.3 Moderation. EIM may remove or decline to publish reviews that are unlawful, defamatory, off-topic, fraudulent, discriminatory, harassing, or in violation of the Content and Review Policy — but EIM will not remove a review merely because its subject disagrees with it.
40.4 No Gag Clauses (Consumer Review Fairness Act). Nothing in these Terms — and nothing any Vendor may include in a supplemental agreement under Section 19.4 — prohibits, restricts, penalizes, or imposes fees on any person's honest review of Vendor Services or of the Platform, or requires any person to assign intellectual-property rights in a review. Any such term is void under the Consumer Review Fairness Act, 15 U.S.C. § 45b, and is a breach of these Terms by the Vendor imposing it. EIM retains its content-moderation rights under Section 40.3 for unlawful, defamatory, or off-topic content.
41. License to Your Content
41.1 License Grant. By making Content available on or through the Platform, you grant EIM a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers), and transferable license to access, use, store, copy, reproduce, modify, adapt, translate, create derivative works of, distribute, publish, publicly display, publicly perform, and broadcast that Content, in any media now known or later developed, to operate, provide, improve, and promote the Platform and EIM's business (including marketing on and off the Platform).
41.2 Ownership Warranty. You represent and warrant that you own your Content or have all rights, licenses, consents, and permissions necessary to grant the license above, and that your Content does not infringe or violate any third party's intellectual-property, privacy, publicity, or other rights.
41.3 Survival. This license survives termination of your account and these Terms. If Content includes personal information, EIM's use complies with the Privacy Policy.
42. Events in Minutes Intellectual Property; Your Limited License
42.1 EIM Property. The Platform — including all software, code, design, text, graphics, data, and the "Events in Minutes" and "Emma" names, logos, and marks — is the exclusive property of EIM or its licensors and is protected by intellectual-property laws.
42.2 Your Limited License. EIM grants each Member a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Platform for its intended purpose in accordance with these Terms. All rights not expressly granted are reserved.
42.3 Restrictions. You may not: scrape, crawl, spider, or harvest Platform content or data; use bots or automated means to access the Platform; copy, reproduce, or mirror Platform content; reverse-engineer, decompile, or disassemble any Platform software; or use any Platform content or data to train, fine-tune, or develop any artificial-intelligence or machine-learning model — in each case without EIM's prior written consent.
43. Copyright Policy (DMCA)
43.1 Designated Agent. EIM's designated agent for copyright-infringement notices is registered with the U.S. Copyright Office's DMCA Designated Agent Directory:
DMCA Designated Agent — Legal Department
Events in Minutes, Inc.
999 Baker Way, San Mateo, CA 94404
Phone: +1 (415) 634-4617
Email: dmca@eventsinminutes.com
43.2 Infringement Notices. If you believe Content on the Platform infringes your copyright, send the designated agent a notice containing all elements required by 17 U.S.C. § 512(c)(3): (a) a physical or electronic signature of the owner or authorized agent; (b) identification of the copyrighted work(s) claimed to be infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to locate it on the Platform; (d) your contact information (address, telephone number, and email); (e) a statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner.
43.3 Counter-Notices. If your Content was removed and you believe the removal was mistaken or the material was misidentified, you may send the designated agent a counter-notice containing: your physical or electronic signature; identification of the removed material and its prior location; a statement under penalty of perjury of your good-faith belief that the material was removed by mistake or misidentification; your name, address, and phone number; and your consent to the jurisdiction of the federal district court for your district (or, if outside the U.S., the Northern District of California) and to accept service from the notifying party. EIM may restore the material in 10–14 business days unless the notifying party files a court action.
43.4 Repeat Infringers. EIM will terminate, in appropriate circumstances, the accounts of Members who are repeat infringers.
44. Prohibited Uses
You must not, and must not permit or assist anyone to:
- engage in fraud, deception, or any unlawful purpose;
- misrepresent yourself, your services, your Event, or any material fact, or provide false or misleading information in Listings, profiles, Bookings, reviews, or communications;
- discriminate against, harass, threaten, stalk, intimidate, or harm any Member, Guest, or third party, or violate the Nondiscrimination Policy;
- circumvent or attempt to circumvent Platform Fees or payments, including transacting off-Platform in violation of Section 25 or soliciting off-Platform payment;
- manipulate search ranking, reviews, or Platform metrics (including fake bookings, bid rigging, or coordinated review schemes);
- collect, store, use, or disclose other Members' or Guests' personal information except as necessary to complete a Booking (Section 29) or misuse any person's personal data;
- send spam, chain letters, phishing attempts, or unsolicited commercial communications;
- book, list, host, or facilitate illegal events or use the Platform in connection with any illegal activity;
- bring, use, or offer weapons, fireworks, or pyrotechnics at any Event without all legally required licenses, permits, and approvals;
- scrape, crawl, or harvest data from the Platform or access it by automated means (Section 42.3);
- upload or distribute malware, viruses, ransomware, or other harmful code, or interfere with, disrupt, or overburden the Platform;
- impersonate any person or entity or misrepresent your affiliation; or
- use the Platform in connection with human trafficking, sexual exploitation, forced labor, or the exploitation of minors — conduct EIM will report to law enforcement.
PART VIII — DISPUTES BETWEEN USERS; DAMAGE CLAIMS
45. Disputes Between Users
45.1 Resolution Funnel. Disputes between Members (or between Members and Guests) should be addressed in this order: (a) direct, good-faith resolution between the parties through Platform messaging; (b) escalation to EIM support; (c) referral to EIM's disputes team, whose determination (including refund, payout, penalty, and Booking-issue decisions) is final and binding as between the users with respect to Platform remedies; and (d) at EIM's option, platform-facilitated mediation.
45.2 No Obligation; No Duty of Care. EIM has the right, but no obligation, to mediate or resolve user disputes. Any facilitation EIM provides is a courtesy and creates no duty of care and no liability for the outcome. Nothing in this Section 45 limits a user's rights against the other user in court or arbitration, or a user's rights against EIM under Section 59.
46. Damage Claims
46.1 Submitting a Claim. A Vendor or venue claiming damage caused by a Host or its Guests (property damage, missing items, excess cleaning, overtime, or over-capacity) must submit a claim through the Platform within seventy-two (72) hours after the Event ends, with documentation (photos, videos, invoices, receipts, or repair estimates).
46.2 Host Response. EIM will notify the Host, who has five (5) days from notice to respond with any objection and supporting evidence.
46.3 Determination. EIM determines the validity and amount of the claim in its sole discretion, based on the submitted materials, and its determination is final and binding as between the users (Section 45.1).
46.4 Collection. Amounts determined against a Host may be charged to the Host's pre-authorized payment method(s) under Section 11.3.
46.5 Offset Order. Where a refundable security deposit is held, it is applied first, before any charge to the Host's payment method, in this order: (1) security deposit; (2) pre-authorized payment method; (3) invoice under Section 35.
46.6 Further Remedies; Cooperation. EIM and the claiming Vendor may pursue available insurance, collections, and legal remedies for unpaid amounts. Each party to a damage claim agrees to cooperate in good faith, including providing truthful information, preserving evidence, and cooperating with insurers and law enforcement.
47. EIM Damage Protection Program
Where EIM offers its Damage Protection Program for eligible Bookings, the following core terms apply, together with the program terms published on the Platform (Section 2.1):
(a) Not insurance. The program is a contractual accommodation by EIM. It is not an insurance policy, and EIM is not an insurer (Section 6.1);
(b) Caps. Program payments are capped at $10,000 per Booking and $1,000 per damaged item, with a minimum claim amount of $100;
(c) Deadline. Program requests must be submitted within fourteen (14) days after the Event ends;
(d) Proof. Claimants must provide a sworn proof of loss and reasonable documentation on request;
(e) Insurance first. Claimants must first exhaust the Host's, Guest's, or claimant's own applicable insurance; the program pays only amounts not recoverable from insurance;
(f) Exclusions. The program excludes, without limitation: ordinary wear and tear; pre-existing damage; cash and securities; fine art and irreplaceable items beyond the per-item cap; damages caused by the claimant's own negligence or misconduct; consequential and indirect losses; and bodily-injury claims;
(g) Subrogation and assignment. Upon payment, EIM is subrogated to, and the claimant assigns, the claimant's rights of recovery against responsible parties to the extent of the payment, and the claimant will cooperate in recovery efforts;
(h) Modifiable. EIM may modify or discontinue the program prospectively at any time; and
(i) Void off-Platform. Program benefits are void for any transaction conducted or partially conducted off-Platform (Section 25.3).
PART IX — TERM, TERMINATION, AND ENFORCEMENT
48. Term; Termination
48.1 Term. These Terms apply from your first acceptance and continue until terminated under this Section 48.
48.2 Termination by You. You may terminate your account at any time by using the account-closure tool or contacting support@eventsinminutes.com. Termination does not relieve you of obligations arising before termination (including pending Bookings, payment and penalty obligations, and indemnities).
48.3 Termination by EIM. EIM may terminate these Terms and your account: (a) for convenience, on thirty (30) days' notice; or (b) immediately, without prior notice, if you breach these Terms or any Policy, if required by law or legal process, or if EIM reasonably believes termination is necessary to protect EIM, its Members, Guests, or third parties.
48.4 Inactive Accounts. EIM may terminate accounts that have been inactive (no login and no transaction) for twenty-four (24) consecutive months, after notice to the account's email address.
49. Graduated Enforcement
49.1 Enforcement Ladder. For suspected violations, EIM may take any of the following actions, with or without notice, singly or in combination and in any order appropriate to the severity of the conduct: warning → Content removal → Listing suspension → Booking cancellation (Section 38.11) → revocation of featured, badge, or instant-book status → account suspension → account termination.
49.2 Cure. For minor violations, EIM may, in its discretion, give the Member notice and an opportunity to cure before further action.
49.3 Appeals. A Member subject to enforcement may appeal by contacting support@eventsinminutes.com with relevant information; EIM will review appeals in good faith but retains final discretion.
49.4 Notifying Counterparties. EIM may inform affected counterparties (e.g., Hosts with confirmed Bookings with a removed Vendor) that enforcement action has been taken, to the extent reasonably necessary to administer their Bookings.
50. Effect of Termination
50.1 Vendor Termination. If a Vendor's account is terminated or the Vendor is removed, the Vendor's confirmed future Bookings are cancelled, and each affected Host receives a 100% refund including all Platform Fees (or Platform Credit at the Host's election) under Section 38.11.
50.2 Host Termination. If a Host's account is terminated, the Host's confirmed future Bookings are cancelled and refunds are determined under the applicable Cancellation Tier (Section 38.3) as of the termination date, unless EIM determines Section 38.11 treatment applies.
50.3 No Restoration; No Re-Registration. EIM has no obligation to restore a terminated account, its Content, or its data (beyond legal requirements and any data-export rights stated in the Privacy Policy; Vendors may request export of their Listing data for up to thirty (30) days after termination). A person whose account was terminated for breach may not register a new account without EIM's express written consent.
51. Survival
The following survive termination or expiration of these Terms and any account: Section 3 (Definitions); Sections 6–9 (platform role, assumption of risk, releases, AI disclaimer); Section 15 (Guest Terms, as to accrued matters); Section 25 (non-circumvention and liquidated damages, for its stated period); Sections 27–28 (tax and payout obligations, clawbacks); Section 29 (data protection); Section 31.5; Parts V and VI as to accrued payment, penalty, refund, and clawback obligations; Section 41 (Content license); Sections 45–47 (as to pending claims); this Section 51; Part X (warranties disclaimers, limitation of liability, indemnification, release, subrogation waiver, limitations period); Section 59 (arbitration agreement); and Part XII to the extent applicable.
PART X — WARRANTIES, LIABILITY, AND INDEMNIFICATION
52. Disclaimers of Warranties
52.1 AS-IS. THE PLATFORM — AND ALL VENDOR SERVICES, LISTINGS, EVENTS, AND CONTENT — ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EIM DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE — AS TO THE PLATFORM AND, EXPRESSLY, AS TO ALL VENDOR SERVICES.
52.2 No Warranty by Category. WITHOUT LIMITING SECTION 52.1, EIM MAKES NO WARRANTY OR REPRESENTATION THAT:
- THE PLATFORM WILL MEET YOUR REQUIREMENTS OR OPERATE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (SEE SECTION 64);
- ANY VENDOR, VENDOR SERVICE, VENUE, OR EVENT WILL BE SAFE, SUITABLE, RELIABLE, TIMELY, OF ANY PARTICULAR QUALITY, OR PERFORMED IN A PROFESSIONAL OR WORKMANLIKE MANNER;
- ANY VENDOR IS PROPERLY LICENSED, INSURED, BONDED, QUALIFIED, CERTIFIED, REGISTERED, OR TRUSTWORTHY (SEE SECTIONS 6.3 AND 39.4);
- ANY FOOD OR BEVERAGE WILL BE SAFE, ALLERGEN-FREE, PROPERLY PREPARED OR STORED, OR FIT FOR CONSUMPTION;
- ANY ALCOHOL SERVICE WILL BE RESPONSIBLE OR COMPLIANT WITH LIQUOR LAWS;
- ANY TRANSPORTATION WILL BE SAFE, PROPERLY MAINTAINED, PROPERLY INSURED, OR OPERATED BY PROPERLY LICENSED DRIVERS;
- ANY SECURITY SERVICE WILL BE ADEQUATE, EFFECTIVE, OR PROPERLY LICENSED;
- ANY VERIFICATION, VETTING, BADGE, OR BACKGROUND CHECK IDENTIFIED PAST MISCONDUCT OR WILL PREVENT FUTURE MISCONDUCT; OR
- ANY CONTENT OR AI-GENERATED OUTPUT (INCLUDING "EMMA" RECOMMENDATIONS) IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR NON-MISLEADING (SEE SECTION 9).
52.3 No Endorsement. EIM does not endorse, warrant, or assume responsibility for any Vendor, Vendor Service, Event, or Content. Use good judgment and take appropriate precautions.
53. Limitation of Liability
53.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE CARVE-OUTS IN SECTION 53.4, THE EIM PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, LOST GOODWILL, OR LOSS OF USE; OR (C) ANY PERSONAL INJURY, BODILY INJURY, OR EMOTIONAL DISTRESS — IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, YOUR USE OF OR INABILITY TO USE THE PLATFORM, YOUR INTERACTIONS WITH OTHER MEMBERS, GUESTS, OR THIRD PARTIES, ANY EVENT, OR ANY VENDOR SERVICES — INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM FOODBORNE ILLNESS OR ALLERGIC REACTION; ALCOHOL-RELATED INCIDENTS; TRANSPORTATION ACCIDENTS; SECURITY FAILURES; PROPERTY DAMAGE; OR THE ACTS, OMISSIONS, NEGLIGENCE, OR MISCONDUCT OF ANY VENDOR, HOST, GUEST, OR THIRD PARTY.
53.2 All Theories; Essential Purpose. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 53 APPLY UNDER ANY THEORY OF LIABILITY — CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE — EVEN IF AN EIM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
53.3 Aggregate Cap. SUBJECT TO SECTION 53.4, THE TOTAL AGGREGATE LIABILITY OF THE EIM PARTIES ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, AND ANY BOOKING, EVENT, OR VENDOR SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL PLATFORM FEES ACTUALLY PAID TO OR RETAINED BY EIM FROM YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100). The only exceptions to this cap are: (i) EIM's obligation to transmit payments and payouts it has actually received, as described in Section 33 and Section 28; (ii) amounts payable under the EIM Damage Protection Program, capped at the program limits in Section 47; and (iii) the non-waivable matters described in Section 53.4.
53.4 Enforceability Carve-Outs. Nothing in these Terms — including Sections 8, 52, 53, 55, 56, and 57 — excludes, limits, releases, or waives:
(a) liability for EIM's own gross negligence, willful misconduct, or fraud, or any liability that may not be exculpated under Cal. Civ. Code § 1668;
(b) your rights under Cal. Civ. Code § 1798.150 (the CCPA data-breach private right of action) or any other non-waivable statutory right (see Cal. Civ. Code § 1798.192) — for clarity, the exclusion in Section 53.1 does not apply to claims under § 1798.150 arising from unauthorized access to your personal information caused by EIM's failure to maintain reasonable security; or
(c) any liability that cannot lawfully be excluded or limited under applicable law. Some jurisdictions do not allow certain exclusions or limitations; in those jurisdictions, the EIM Parties' liability is limited to the fullest extent permitted by law.
53.5 Basis of the Bargain. THE ALLOCATIONS OF RISK, DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS IN THIS PART X ARE A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN YOU AND EIM; EIM'S FEES REFLECT THEM, AND EIM WOULD NOT PROVIDE THE PLATFORM ON THESE ECONOMIC TERMS WITHOUT THEM. If any portion of this Section 53 is held unenforceable, the remainder applies to the fullest extent permitted, and the unenforceable portion is deemed modified to the minimum extent necessary to make it enforceable.
54. Indemnification
54.1 Obligation. To the maximum extent permitted by applicable law, you agree to release, defend (at EIM's option), indemnify, and hold harmless the EIM Parties from and against any and all claims, demands, suits, actions, proceedings, investigations, damages, judgments, awards, settlements, losses, liabilities, fines, penalties, costs, and expenses — including reasonable attorneys' fees, expert-witness fees, and accounting fees — arising out of or relating to:
(a) your breach of these Terms or any incorporated Policy;
(b) your improper or unlawful use of the Platform;
(c) your Content;
(d) your interactions with any Member, Guest, or third party;
(e) your provision or receipt of Vendor Services, or any Event, including any bodily injury, illness, death, or property damage;
(f) food preparation, food handling, food safety, or foodborne illness connected with your Vendor Services or Event;
(g) the service, sale, supply, or consumption of alcohol connected with your Vendor Services or Event, including dram-shop and social-host claims;
(h) transportation services or vehicle operation connected with your Vendor Services or Event;
(i) any claim by any person performing services on your behalf — including employment, wage-and-hour, benefits, workers'-compensation, and tax claims — and any claim that EIM is an employer, joint employer, or co-employer of you or your personnel;
(j) your failure to satisfy tax obligations or to provide required tax documentation;
(k) your failure to obtain or maintain required licenses, permits, certifications, or insurance;
(l) your violation of any law or regulation; and
(m) your actual or alleged infringement or violation of any third party's rights (including intellectual-property, privacy, and publicity rights).
54.2 Defense Control. EIM may, at its election, assume the exclusive defense and control of any matter subject to indemnification, with counsel of its choosing, at your expense; you agree to cooperate fully. If EIM does not assume the defense, you must conduct a diligent defense with counsel reasonably acceptable to EIM.
54.3 No Settlement Without Consent. You may not settle or compromise any indemnified claim in a manner that imposes any obligation, admission, or liability on any EIM Party without EIM's prior written consent.
54.4 Survival. This Section 54 survives termination of your account and these Terms.
55. Release
55.1 Scope of Release. To the maximum extent permitted by applicable law, you release and forever discharge the EIM Parties from all claims, demands, and damages of every kind, known and unknown, suspected and unsuspected, arising out of or in any way connected with: (a) disputes between you and one or more other Members, Guests, or third parties (including Vendors, Hosts, and their personnel); and (b) any Event, Booking, or Vendor Service — including its quality, safety, legality, performance, or non-performance (collectively, "Marketplace Transaction Claims").
55.2 What This Release Does Not Cover. This release is limited to Marketplace Transaction Claims. It does not release: (a) EIM's own obligations expressly stated in these Terms (including payment transmission under Section 33 and payouts under Section 28); (b) claims arising from EIM's own gross negligence, willful misconduct, or fraud; (c) your rights under Cal. Civ. Code § 1798.150 or any other non-waivable statutory right; or (d) any other claim that cannot lawfully be released.
55.3 Scoped Waiver of Cal. Civ. Code § 1542. Solely with respect to the Marketplace Transaction Claims released in Section 55.1 — and expressly excluding the matters preserved in Section 55.2 — if you are a California resident, you waive the benefits of California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Residents of other jurisdictions similarly waive comparable protections solely as to Marketplace Transaction Claims and to the extent permitted by law.
56. Insurers Bound; Waiver of Subrogation
Your insurers, subrogees, and assignees are bound by these Terms — including Part X and Section 59 — to the same extent you are, with respect to claims arising from your use of the Platform, Bookings, Events, or Vendor Services. Any insurer that pays a claim relating to your use of the Platform, a Booking, an Event, or Vendor Services is deemed to have waived, and you agree to obtain from your insurers a waiver of, all rights of subrogation against the EIM Parties, to the extent permitted by applicable law and your policies.
57. Time Limit on Claims
To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Platform must be filed within one (1) year after the claim accrued, or it is permanently barred. This period is tolled during the informal dispute-resolution process described in Section 59.2. This Section does not shorten any limitations period that applicable law does not permit to be shortened (including non-waivable statutory limitations periods, which remain governed by statute).
58. No Insurance Provided by Events in Minutes
EIM does not provide, procure, or arrange insurance of any kind for Members, Guests, Events, or Vendor Services, and maintains no coverage that benefits Hosts, Vendors, or Guests. (The Damage Protection Program in Section 47 is a contractual program, not insurance.) EIM strongly recommends that: (a) Hosts obtain event liability insurance and, where alcohol will be served, host liquor liability insurance (mandatory for the Events listed in Section 14.1); (b) Vendors maintain the coverages in Section 23 and any additional coverage appropriate to their category; and (c) all parties consult a licensed insurance professional about appropriate types and amounts of coverage.
PART XI — DISPUTE RESOLUTION WITH EVENTS IN MINUTES
59. Dispute Resolution and Arbitration Agreement
PLEASE READ THIS SECTION 59 CAREFULLY. UNLESS YOU OPT OUT UNDER SECTION 59.9, IT REQUIRES YOU AND EIM TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH EACH PARTY CAN SEEK RELIEF, INCLUDING BY WAIVING JURY TRIALS AND CLASS ACTIONS.
59.1 Scope. This Section 59 (the "Arbitration Agreement") applies to any dispute, claim, or controversy between you (a Member or a Guest who has accepted the Guest Terms) and EIM arising out of or relating to these Terms, the Platform, your relationship with EIM, or any Booking, Event, or Vendor Service (each, a "Dispute"), except as provided in Section 59.5. This Arbitration Agreement is mutual: it binds, and its obligations and exceptions apply equally to, both you and EIM.
59.2 Pre-Arbitration Notice and Good-Faith Negotiation (Required First Step).
(a) Before initiating arbitration (or any permitted court action other than small claims), the party asserting the Dispute must send the other an individualized written Notice of Dispute. Notices to EIM must be mailed to: Events in Minutes, Inc., Attn: Legal Department — Notice of Dispute, 999 Baker Way, San Mateo, CA 94404, with a copy to support@eventsinminutes.com. Notices to you will be sent to your account email and/or mailing address.
(b) The Notice of Dispute must be individualized to the claimant and include: (1) the claimant's name, mailing address, account email address, and Platform username; (2) a detailed description of the Dispute and the facts supporting it; (3) the specific relief sought; and (4) the claimant's personal signature (physical or electronic) — or, for EIM, the signature of an authorized representative.
(c) For sixty (60) days after a compliant Notice is received, the parties must attempt in good faith to resolve the Dispute through individualized negotiation, including at least one telephone or video conference if either party requests it.
(d) All applicable limitations periods (including Section 57) are tolled during the notice-and-negotiation process.
(e) A compliant Notice of Dispute and completion of the negotiation period are conditions precedent to arbitration. Proof of the Notice must be attached to any arbitration demand. A court of competent jurisdiction may enjoin the filing or prosecution of an arbitration commenced without compliance, and the arbitration provider shall not accept a demand lacking proof of the Notice; filing fees for non-compliant demands are not owed until compliance.
59.3 Binding Individual Arbitration; FAA; Delegation.
(a) Subject to Section 59.5, all Disputes will be resolved by binding individual arbitration before a single arbitrator. The arbitrator will apply California substantive law (consistent with Section 60) and applicable federal law.
(b) This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and federal arbitration law — and not by state arbitration law — and evidences a transaction involving interstate commerce.
(c) Delegation. The arbitrator — and not any court — has exclusive authority to resolve all disputes about the interpretation, applicability, enforceability, formation, scope, or validity of this Arbitration Agreement, including any claim that all or part of it is void or voidable; provided that a court decides (i) disputes about the enforceability or scope of Section 59.6 (the class waiver and PAGA structure), and (ii) whether a claimant has complied with Section 59.2.
(d) The arbitrator may award any remedy on an individual basis that a court could award, including damages, declaratory and injunctive relief limited to the individual claimant, and attorneys' fees where authorized by law. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.
(e) Confidentiality. The parties will keep the arbitration — including filings, evidence, and the award — confidential to the extent permitted by law, except as needed to enforce or challenge the award, comply with law, or seek permitted court relief.
(f) This Arbitration Agreement survives termination of your account and these Terms.
59.4 Arbitration Providers; Hearing Format; Seat.
(a) Claims of $25,000 or less (excluding fees and costs) will be administered by New Era ADR under its rules and procedures for consumer arbitrations (or, if New Era ADR is unavailable, FairClaims or a comparable online arbitration provider mutually agreed).
(b) Claims over $25,000 will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or Commercial Rules for business Vendors, as applicable), available at www.adr.org, or, if AAA is unavailable, by JAMS under its applicable rules.
(c) Hearing format: Disputes of $50,000 or less will be decided on the documents only, unless the arbitrator determines a hearing is necessary or a party's rules-based right to a hearing applies; larger Disputes will be heard by remote video conference, unless the arbitrator finds an in-person hearing necessary or the parties agree to one.
(d) Seat. Any in-person hearing will take place in the county where you reside or San Mateo County, California, at your election.
(e) Fallback appointment. If the selected provider is unavailable or declines to administer, the parties will select another provider by agreement; failing agreement, either party may petition a court of competent jurisdiction to appoint an arbitrator under 9 U.S.C. § 5, and the arbitration will proceed under the appointed arbitrator's procedures consistent with this Section 59.
59.5 Exceptions to Arbitration (Mutual Carve-Outs). Notwithstanding Sections 59.3 and 59.6, and on a fully mutual basis:
(a) Small claims. Either party may bring an individual claim in small claims court in a county with jurisdiction, so long as it remains individual and in that court;
(b) Intellectual property. Either party may seek injunctive or other equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual-property rights or trade secrets;
(c) Emergency equitable relief. Either party may seek temporary or preliminary equitable relief in court in aid of arbitration, to preserve the status quo pending arbitration;
(d) Public injunctive relief. Nothing in these Terms waives, limits, or precludes any right you may have under California law (McGill v. Citibank, N.A.) to seek public injunctive relief in any forum where that right cannot be waived. If a claim for public injunctive relief must proceed in court, the parties will arbitrate all arbitrable claims and remedies first, and the public-injunctive-relief claim will be stayed in court pending the arbitration's completion;
(e) Sexual assault and sexual harassment. Consistent with the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, a claimant asserting a sexual assault or sexual harassment dispute may elect, at the claimant's sole option, to pursue that individual claim in court rather than arbitration, and nothing in these Terms requires pre-dispute arbitration of such claims; and
(f) Government agencies. Nothing in these Terms prevents either party from reporting to, filing a charge or complaint with, or participating in an investigation by any government agency (including the FTC, any state attorney general, the NLRB, the EEOC, or any consumer-protection agency), or from receiving any agency-awarded relief.
59.6 Jury Trial Waiver; Class and Representative Action Waiver; PAGA; Severance and Stay.
(a) Jury waiver. YOU AND EIM EACH WAIVE THE RIGHT TO A TRIAL BY JURY for all Disputes, whether heard in arbitration or (under a carve-out or opt-out) in court, to the extent permitted by law.
(b) Class waiver. YOU AND EIM EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND EACH WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, except (i) requests for public injunctive relief preserved by Section 59.5(d), and (ii) as provided for PAGA in Section 59.6(c). The arbitrator may not consolidate more than one person's claims (except as provided in Section 59.7) and may not preside over any class or representative proceeding.
(c) PAGA. For any claim under the California Private Attorneys General Act ("PAGA"): (1) claims for civil penalties based on Labor Code violations you personally suffered ("individual PAGA claims") must be arbitrated on an individual basis under this Section 59, consistent with Viking River Cruises v. Moriana; (2) claims for civil penalties based on violations suffered by other employees or workers ("non-individual PAGA claims") are NOT waived — consistent with Adolph v. Uber Technologies and Iskanian, non-individual PAGA claims will be stayed in court pending completion of the arbitration of the individual PAGA claim, and EIM reserves all arguments regarding the claimant's standing following the arbitration; and (3) nothing in these Terms waives, or shall be construed to waive, any person's right to bring a PAGA claim in some forum.
(d) Severance and stay — no blow-up. If any portion of this Section 59.6 is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and stayed in court pending arbitration of all remaining arbitrable claims, and the remainder of this Arbitration Agreement — including Section 59.7 — remains in full force and effect. The unenforceability of any waiver as to one claim does not void this Arbitration Agreement as to any other claim.
59.7 Mass Arbitration Protocol.
(a) Trigger. "Mass Arbitration" means twenty-five (25) or more similar arbitration demands, coordinated by or with the assistance of the same law firm(s) or organization(s), filed against EIM (or by EIM) within any 180-day period.
(b) Batching. Mass Arbitration demands will be administered in batches of fifty (50) claimants (or up to 200 by agreement), grouped by similarity, with one arbitrator appointed per batch and one set of administrative and arbitrator fees per side per batch.
(c) Bellwethers and sequencing. The parties may agree — or the batch arbitrator or a mutually selected process arbitrator may order — bellwether proceedings and the sequencing of batches, with the first batch(es) proceeding while later batches are stayed.
(d) Global mediation checkpoint. After the first batch (or the bellwether cases) concludes, the parties will participate in a global mediation of the remaining demands before a mutually selected mediator, costs shared equally.
(e) Deadlines. The parties and the provider will target resolution of each batch within 120 days of the batch arbitrator's appointment, extendable by the arbitrator for good cause.
(f) Escape valve. If a claimant's demand has not been resolved within eighteen (18) months of its proper filing due to the batching process, either that claimant or EIM may elect to have that claimant's Dispute proceed in court under Section 60, and the limitations period remains tolled from the demand's filing through the election.
(g) Independence. This Section 59.7 is severable from, and survives the invalidation of, the class waiver or any other portion of this Arbitration Agreement, and applies to any coordinated set of individual proceedings in any forum to the extent permitted by law.
59.8 Arbitration Fees; Guardrails.
(a) Small consumer claims. For claims seeking $10,000 or less, EIM will pay all arbitration filing, administrative, and arbitrator fees (other than your attorneys' fees), unless the arbitrator finds the claim frivolous or brought for an improper purpose.
(b) Fee waiver. Claimants whose household income is below 300% of the federal poverty guidelines may request that EIM pay their share of provider fees for larger claims, and EIM will not unreasonably refuse.
(c) Frivolous filings. The arbitrator may impose sanctions, including fee-shifting, against any party (or counsel) for claims or defenses that are frivolous, brought in bad faith, or asserted for an improper purpose, to the same extent a court could under Fed. R. Civ. P. 11.
(d) Offers of judgment. Either party may make a written settlement offer at any time; if the final award is not more favorable to the offeree than a rejected offer, the arbitrator may, to the extent permitted by law, shift post-offer provider costs (not attorneys' fees, except where a statute provides) to the offeree.
(e) Attorneys' fees. Each party bears its own attorneys' fees and costs unless applicable law or this Section provides otherwise.
59.9 Your Right to Opt Out (30 Days — At Signup and At Each Amendment).
(a) You may opt out of this Arbitration Agreement (including the class waiver) by sending notice within thirty (30) days after you first accept these Terms, by email to support@eventsinminutes.com, Subject: "Arbitration Opt-Out," or by mail to Events in Minutes, Inc., Attn: Legal — Arbitration Opt-Out, 999 Baker Way, San Mateo, CA 94404. The notice must include your name, mailing address, account email address, Platform username, and a clear statement that you wish to opt out of the Arbitration Agreement, and must be signed by you personally.
(b) Each time EIM materially amends this Arbitration Agreement, you will have a fresh thirty (30) day window from the amendment's effective date to opt out of the amendment by the same mechanism; if you opt out of an amendment, the most recent version of the Arbitration Agreement you accepted (or your prior opt-out status) continues to apply.
(c) Opt-outs are prospective and mutual: if you validly opt out, neither you nor EIM may compel the other to arbitrate, and Disputes will be resolved in the courts identified in Section 60.
(d) Opting out of arbitration does not affect any other provision of these Terms, all of which continue to apply.
59.10 Third-Party Beneficiaries of This Arbitration Agreement. EIM's payment processors (including Stripe), background-check and screening providers, and identity-verification vendors are express third-party beneficiaries of this Section 59 only — they may invoke and enforce this Arbitration Agreement with respect to Disputes arising from their services for the Platform — and are not beneficiaries of any other provision of these Terms.
PART XII — GENERAL PROVISIONS
60. Governing Law; Venue
60.1 Governing Law. These Terms, and any Dispute between you and EIM, are governed by the laws of the State of California, without regard to conflict-of-laws principles, except that the Arbitration Agreement in Section 59 is governed by the Federal Arbitration Act and federal arbitration law (Section 59.3(b)). Nothing in this Section deprives any consumer of the protection of non-waivable consumer-protection laws of the consumer's state of residence.
60.2 Venue for Non-Arbitrable Claims. Any claim that is not subject to arbitration (including claims under the Section 59.5 carve-outs, other than small-claims matters, and claims following a valid opt-out) must be brought exclusively in the state or federal courts located in San Mateo County, California, and you and EIM each consent to personal jurisdiction and venue in those courts and waive objections based on inconvenient forum, to the extent permitted by law.
61. Changes to These Terms
61.1 Notice. EIM may modify these Terms. For material changes, EIM will give at least thirty (30) days' advance notice by email to your account address and/or prominent notice on the Platform before the changes take effect (except where a shorter period is required by law or reasonably necessary for safety, security, or legal compliance, in which case EIM will give as much notice as practicable).
61.2 Your Remedy. If you do not agree to a modification, your remedy is to terminate your account before the modification's effective date (Section 48.2). Your continued use of the Platform after the effective date constitutes acceptance of the modified Terms.
61.3 Confirmed Bookings; Fees. Modifications do not change the terms of Bookings confirmed before the effective date. Fee changes are prospective only (Section 32.4).
61.4 Arbitration Amendments. Material amendments to the Arbitration Agreement carry their own fresh 30-day opt-out window, per Section 59.9(b).
62. Force Majeure
EIM is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, fire, flood, earthquake, severe weather, war, terrorism, riots or civil unrest, embargoes, acts of government or changes in law, pandemics, epidemics, or disease outbreaks, labor disputes and strikes, shortages of power or materials, internet, utility, or telecommunications failures, cyberattacks, and failures of third-party service providers. The effect of disruptive events on individual Bookings is governed by the Major Disruptive Events framework in Section 38.6, which controls Booking-level refund outcomes.
63. Assignment
You may not assign, delegate, or transfer these Terms, your account, or any rights or obligations under them without EIM's prior written consent, and any attempted assignment without consent is void. EIM may freely assign these Terms and any rights and obligations under them, including in connection with a merger, acquisition, reorganization, or sale of assets, and will provide notice of any assignment that materially affects your rights. These Terms bind and benefit the parties and their permitted successors and assigns.
64. Platform Availability; Modification, Suspension, and Discontinuation of the Platform
64.1 EIM's Rights. EIM may modify, update, add to, remove, suspend, or discontinue the Platform or any feature, tool, or content of the Platform, in whole or in part, at any time, with or without notice (subject to Section 61 for changes to these Terms themselves).
64.2 No Liability for Unavailability. To the maximum extent permitted by law, and subject to Section 53.4, the EIM Parties have no liability for Platform unavailability, downtime, scheduled or unscheduled maintenance, errors, bugs, data loss, interruptions, or the modification, suspension, or discontinuation of the Platform or any feature.
64.3 Effect on Confirmed Bookings. If a suspension or discontinuation of the Platform prevents performance or administration of a confirmed Booking, the Booking will be handled under Section 38.11 (EIM-initiated cancellation): the Host receives a 100% refund including all Platform Fees (or Platform Credit at the Host's election), and that refund or credit is the parties' sole remedy.
65. Third-Party Services; App-Store Terms
65.1 Third-Party Services. The Platform may link to or interoperate with third-party services (payment processors, calendars, mapping, communications). Your use of those services is governed by their own terms and privacy policies, and EIM is not responsible for them.
65.2 Apple and Google Pass-Through Terms. If you download our mobile app from the Apple App Store or Google Play: (a) these Terms are between you and EIM only — not with Apple Inc. or Google LLC, which have no obligation to furnish maintenance or support or to address claims relating to the app; (b) your use of the app must comply with the applicable store's terms of service and usage rules; (c) Apple and Google are not responsible for addressing any claims by you or third parties relating to the app, including product-liability, legal-compliance, consumer-protection, and IP claims; and (d) Apple and its subsidiaries (for iOS) and Google (for Android) are third-party beneficiaries of these Terms solely as they relate to your license to use the app, and may enforce them as such.
66. Notices
66.1 To You. EIM may give notice electronically per Section 5.1 — by email to your account address, by in-Platform message, or by posting on the Platform. Email notice is deemed given upon delivery to your email server; in-Platform notice upon posting.
66.2 To EIM. Except where these Terms specify a different address (Sections 59.2 and 59.9), send notices to: Events in Minutes, Inc., Attn: Legal Department, 999 Baker Way, San Mateo, CA 94404, or support@eventsinminutes.com. Mailed notice is deemed given upon delivery by certified mail (return receipt) or nationally recognized courier; email notice upon confirmed delivery.
67. California Consumer Notice
Under California Civil Code § 1789.3, California users are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210. The Platform's provider is Events in Minutes, Inc., 999 Baker Way, San Mateo, CA 94404; support@eventsinminutes.com; +1 (415) 634-4617. Platform fees are described in Section 32.
68. Feedback
If you provide suggestions, ideas, improvement requests, or other feedback about the Platform — including feedback about "Emma" or other AI features — EIM may use that feedback without restriction, attribution, or compensation, and you irrevocably assign to EIM, or to the extent assignment is not permitted grant EIM a perpetual, irrevocable, royalty-free license to use, all rights in the feedback. To the extent permitted by law, you waive any moral rights in feedback. Feedback is non-confidential. This Section 68 does not apply to your Content (which is licensed under Section 41) or to reviews (which are governed by Section 40 and protected by the Consumer Review Fairness Act).
69. Entire Agreement; Severability; Interpretation; No Waiver
69.1 Entire Agreement. These Terms, together with the incorporated Policies (Section 2) and your Booking-specific terms, are the entire agreement between you and EIM regarding the Platform and supersede all prior agreements and understandings on that subject.
69.2 Severability with Reformation. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be reformed and enforced to the maximum extent permissible to effectuate the parties' intent; if reformation is impossible, the provision will be severed, and the remaining provisions remain in full force. (Severability within the Arbitration Agreement is governed by Section 59.6(d).)
69.3 No Waiver. EIM's failure to enforce any right or provision is not a waiver. A waiver is effective only if in writing and signed by an authorized EIM representative.
69.4 Interpretation. In these Terms: (a) headings and part titles are for convenience only and have no legal or interpretive effect; (b) "including" (and variants) means "including without limitation"; (c) "days" means calendar days unless stated otherwise; (d) the singular includes the plural and vice versa; and (e) these Terms will not be construed against either party as drafter.
70. No Third-Party Beneficiaries
Except as expressly stated in these Terms — the arbitration third-party beneficiaries in Section 59.10, the app-store beneficiaries in Section 65.2(d), and the Guest provisions expressly stated in Section 15 (as to Guests who accept the Guest Terms) — these Terms confer no rights on any third party.
71. Contracting Entity; Contact Information
The entity you are contracting with is:
Events in Minutes, Inc., a Delaware C-Corporation
Headquarters: 999 Baker Way, San Mateo, CA 94404, USA
Email: support@eventsinminutes.com
Phone: +1 (415) 634-4617
Website: www.eventsinminutes.com
Questions about these Terms may be directed to any of the contacts above.
© 2026 Events in Minutes, Inc. All rights reserved. Effective July 16, 2026.