Effective Date: January 18, 2024
Thank you for choosing Fête for your Event!
Please read these Terms and Conditions carefully before paying any Invoice (defined below) or executing any Quotation (defined below), and please note that these Terms and Conditions apply to all Events (defined below). While this is a legal agreement, we have tried to write it in a way that is clear, transparent and easy to follow. For your convenience, we have presented each of the terms in a short summary followed by the full legal term. If there is anything you are not sure about, please feel free to get in touch with us. You can reach us at events@fetedubai.com.
A. DEFINITIONS
In short: For convenience, we use these basic terms throughout the Contract, and they have specific meanings. You should know what we mean when we use them.
“Contract” means collectively, all the terms, conditions, notices contained or referenced in this document (“Terms and Conditions” or the “Terms”), the Invoice, the Quotation, and the Scope of Work, if applicable.
“Event” has the meaning ascribed to it in the relevant Quotation.
“Event Date” has the meaning ascribed to it in the relevant Quotation.
“Invoice” means the invoice issued by the Organizer to the Client containing the Services and payment terms.
“Quotation” means the quotation issued by the Organizer and executed by the Client containing event details including the Event Date.
“Scope of Work” means any scope of work or special terms and conditions further executed between the Organizer and the Client in relation to the provision of the Services (e.g., variation in the form of a separate quotation issued by the Organizer).
“Service Fees” means the service fees payable by the Client to the Organizer under the Invoice.
“Services” means the services to be provided by the Organizer as set out in the Invoice subject to the terms of this Contract.
“We”, “Fête”, or “Organizer” means Fête Event Management LLC, a company incorporated in the Emirate of Dubai with commercial license number 727926 and having its registered address at Building # 14, Warehouse # 10, EBC Warehouse, Dubai Investment Park 2, Dubai, UAE.
“You” or “Client” means the person named as the customer or client in the Invoice/Quotation.
B. ACCEPTANCE OF TERMS AND CONDITIONS
In short: Please review these terms as well as all other terms set out in the Contract including the Invoices, Quotations, and any Scope of Work. By making any payment pursuant to an Invoice, executing any Quotation, or executing any Scope of Work, you accept and agree that you will comply with all such terms and conditions set out in the Contract (including as set out in the Invoice, Quotation, and Scope of Work.
The payment of any Invoice by the Client, the Client’s execution of any Quotation, or the Client’s execution of any Scope of Work will be deemed the Client’s full and unconditional acknowledgement and acceptance of this Contract.
C. SUPPLY OF SERVICES
In short: We provide you with the Services set out in the Quotation, Invoice, or Scope of Work. However, there may be instances where we are required to change the Services or the terms of the Contract to comply with any applicable laws such as COVID-19 related restrictions. We will always be sure to notify you in case such changes are necessary, and if you do not agree with these changes, you can cancel the event in the manner set out in this Contract.
1. The Organizer shall supply the Services to the Client in accordance with the Contract in all material respects. The Contract shall commence from the date the Quotation is executed by the Client or the payment of an Invoice by the Client, whichever is earlier, and expire at the end of the last Event Date, unless otherwise terminated in accordance with the terms and conditions of this Contract (“Term”).
2. The Client agrees and acknowledges that the Organizer shall have the right to alter or amend this Contract by providing notice thereof to the Client, including but not limited to the Services, which are necessary to comply with any applicable laws, COVID-19 related restrictions, or on account of any Force Majeure Event (defined below).
D. CLIENT'S OBLIGATIONS
In short: In order to provide you with the best and a bespoke experience, we will require your input and approval from time to time. As such, we ask that you provide us with all such input and approvals on a timely basis so that we can make sure to meet all deadlines and have a smooth Event.
In this regard, unless we specify in writing, we generally ask that you provide us with your input/approval within 1 business day (or earlier if we require so).
Please note that if you do not provide us with approvals/input during the relevant times or if you fail to make timely payments, we may not be able to meet deadlines. Further, in such cases costs may increase and we may terminate the Contract.
1. The Client shall keep and maintain all materials, equipment, documents and other property of the Organizer, its personnel, sub-contractors, suppliers and other third-party providers (“Organizer Materials”) if stored at the Client's premises or property or with is otherwise stored with the Client in safe custody at its own risk and not dispose of or use the Organizer Materials.
2. The Client agrees and acknowledges that from time to time, the Organizer may require an approval and/or input (“Organizer Requests”) from the Client to perform the Services including but not limited to design, budget, and costs and expenses. Notwithstanding anything else contained in Clause D2 above, unless otherwise specified by the Organizer in writing, in the event any Organizer Requests are provided to the Client,
2a. the Client will have 1 business day (or as specified in the Organizer Request) from the date of such Organizer Request to provide its approval, authorization or consent and, failing which, such approval shall be deemed to have been given; and
2b. the Client will have 1 business day (or as specified in the Organizer Request) from the date of such Organizer Request to provide any input that is required, and the Client agrees and acknowledges that any failure or delay in providing such input may result in delays to the provision of the Services which may affect the Event (including the Event Date) or an increase in costs, expenses, or fees owed by the Client. Further, the Client agrees and acknowledges that the Organizer shall neither be responsible nor liable for any losses, claims, or damages incurred by the Client on account of any such delay or failure.
3. If the Organizer's performance of any of its obligations under the Contract is prevented or delayed by any (i) act or omission by the Client, (ii) failure by the Client to perform any relevant obligation, (iii) failure by the Client to make any payment owed to the Organizer, any third-party vendor, supplier, service provider, Organizer Supplier, or Client Supplier, or (iv) failure to provide timely instructions and responses required by the Organizer as set out in Clause D2 above (“Client Default”):
3a. The Organizer, without limiting its other rights or remedies mentioned in the Contract, shall have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations. Further, the Client agrees and acknowledges such suspension may result in (i) delays by or inability of the Organizer to perform its obligations under the Contract which may affect the Event (including the Event Date), or (ii) an increase in costs, expenses, or fees owed by the Client.
3b. The Organizer shall neither be responsible nor liable for any costs, losses, or damages sustained or incurred by the Client arising directly or indirectly from the Organizer's inability or delay in performing any of its obligations under the Contract caused by a Client Default, whether directly or indirectly.
3c. The Client shall reimburse the Organizer on written demand for any costs or losses (including reasonable attorney fees) sustained or incurred by the Organizer arising directly or indirectly from the Client Default.
3d. The Organizer shall have the right to terminate this Contract immediately upon providing notice thereof to the Client.
E. COSTS AND PAYMENT
In short: We charge the Service Fee as set out in the Invoice. Like most businesses, if you don’t pay us on time, we charge interest.
Further, in the event there are any delays or defaults on your end, we may charge you an additional amount to accelerate the work that needs to be completed for your Event (e.g., additional manpower we may require to meet timelines which have been delayed).
1. In consideration for the Services to be provided by the Organizer, the Client shall pay the Organizer the Service Fee as set out in the Invoices and shall pay all Third Party Costs. The Client further agrees and acknowledges that, notwithstanding anything else in this Contract, all payments made to the Client pursuant to this Contract and all payments due under this Contract (including but not limited to the Service Fee and Third Party Costs) are non-refundable under any circumstances.
2. In the event the Client fails to make any payment under this Contract (including but not limited to the Service Fee) at any of the due dates specified in this Contract, the Client shall be liable to pay interest on any outstanding amount at a rate of 3% per week calculated on a daily basis.
3. In the event any Client Default results or is likely to result in any delay in the provision of the Services, as may be determined in the sole and absolute discretion of the Organizer, the Organizer may invoice the Client for an amount as may be required by the Organizer to accelerate the Services such that the Event Date is met in order to increase manpower, pay any expedited service charges to vendors, or otherwise.
F. CANCELLATION OR VARIATION OF EVENT
In short: We understand that you may need to reschedule your Event and while we do our best to accommodate all requests, we cannot guarantee that your new Event Date will be available for us.
If can and do reschedule your Event, you may be asked to pay us a rescheduling fee. Further, you will be responsible for all payments associated with such rescheduling, including third party costs such as storage fees. Further, please note that all design work, scope, services, and event details will be as per the original event (prior to the rescheduling) and any changes will have to be agreed between us and will be treated as a variation. This means that additional costs may apply.
Further, we understand that there may be instances where there are bad weather conditions for the Event. In such cases, we may together agree to move the Event to another venue, in which cases additional labor costs may apply.
Lastly, any variations to the Services, design scale, scope, or requirements of the Event will have to be agreed by us and may attract additional costs.
1. In the case that the Client wishes to cancel the Event, the Client shall be liable to pay the entire Service Fee and all costs, expenses, and fees (including but not limited to vendor/supplier costs, Organizer Supplier costs, and Client Supplier costs) the Organizer has incurred arising from or in relation to the performance of the Services. It is hereby clarified that in the event of any cancellation, the Client shall pay the Organizer (i) all remaining amounts comprising the Service Fee, (ii) all costs incurred by the Client on account of Organizer Suppliers, Client Suppliers, or any other service provider, and (iii)all costs, expenses, and fees the Organizer has committed on account of any Organizer Supplier, Client Supplier or any other service provider (collectively, (ii) and (iii) shall be referred to as “Third Party Costs”).
2. In the event, as determined by the Organizer in its sole and absolute discretion, reasonable and ample time exists prior the Event Date, the Organizer shall perform a maximum of 3 revisions to the mood-board and a maximum of 3 revisions to the overall design layout. The Client agrees and acknowledges that any further revisions to the mood-board or layout shall be subject to Clause F7 below.
3. If any material elements of the Event need required variations by the Organizer, the Organizer shall provide reasonable notice of such variations to the Client and the Parties shall discuss such required variations in good faith, including increases in payment. Further, the Client agrees and acknowledges that any such variations shall be subject to Clause F7 below.
4. In the case of bad weather and, if agreed to by the Parties, the Event is moved to another venue, additional labor costs might apply. Any additional cost that arises from change of venue would need to be paid by the Client.
5. In the event the Client wishes to change the Event Date, the Client shall notify its intention to reschedule such Event to the Organizer promptly. The Organizer shall, in its sole and absolute discretion, have the right to agree or reject such rescheduling. In the event the Organizer rejects such rescheduling, the Client may either continue with the Event on the original Event Date or cancel the Event in terms of Clause F1 above. In the event the Organizer agrees to such rescheduling, such rescheduling shall only be permissible in the event the Client pays an additional rescheduling fee amounting to 50% of the Service Fee (“Rescheduling Fee”) to the Organizer as may be determined by the Organizer, along with all costs and expenses including but not limited to any storage fees as may be determined by the Organizer. Further, the Client agrees and acknowledges that design, scope, scale, requirements, Services, and details of such rescheduled event shall remain the same as the original and underlying Event prior to such rescheduling, and any changes shall be effected in accordance with Clause F7 below.
6. In the event of a Client Default the Client shall be liable to pay the entire Service Fee and all costs, expenses, and fees (including but not limited to vendor/supplier costs, Organizer Supplier costs, and Client Supplier costs) the Organizer has incurred arising from or in relation to the performance of the Services, and:
6a. The Contract may be terminated by the Organizer in its sole and absolute discretion; or
6b. Where possible, as may be determined by the Organizer in its sole and absolute discretion, continue to provide the Services, provided that (i) the Client Default has been cured in a timely manner to the satisfaction of the Organizer, and (ii) any payments required to be made pursuant to Clause E3 above have been made in a timely manner to the satisfaction of the Organizer.
7. Notwithstanding anything to the contrary in this Contract, the Client agrees and acknowledges that if the scale, scope, or requirements of the Event increases or changes are altered in any manner and for any reason whatsoever (including but not limited to any change requests made by the Client) from the date of this Contract including whether any additional manpower is required, as determined by the Organizer in its sole and absolute discretion, the Service Fee may be increased or additional charges and fees may apply on a case to case basis as may be determined by the Organizer in its sole and absolute discretion. Further, notwithstanding the foregoing, (i) the Organizer may, in its sole and absolute discretion, reject any such changes for any reason whatsoever, and (ii) in the event such additional charges are not agreed to or paid by the Client, such changes shall be deemed to be rejected without any further act from the Client or the Organizer.
G. COVID-19
In short: We understand that the government may impose a complete lockdown or a ban on any events. In such case, any rescheduling will not attract a Rescheduling Fee. However, this will only apply in the event there is a government directive that mandates the complete cancellation of the Event (and not just a reduction in size).
Also, please note that rescheduling the Event must be agreed to by us as we need to make sure that the desired venue is available on the desired rescheduled dates. Further, please note that all design work, scope, services, and event details will be as per the original event (prior to the rescheduling) and any changes will have to be agreed between us and will be treated as a variation. This means that additional costs may apply.
If we fail to agree to reschedule the Event, the Event will be cancelled. Please note that in this case you will be required to pay all outstanding fees (including any balances to the Service Fee).
1. No Rescheduling Fee will be charged to the Client for rescheduling the Event Date in the event of any COVID-19 restriction directly impacting the Event is imposed by applicable governmental authorities pursuant to an official decree or order. However, the Client agrees and acknowledges that all Service Fees paid by the Client and all Third Party Costs are non-refundable and the Client shall pay any such Third Party Costs which are due and unpaid. It is hereby clarified that the Client may avail of this Clause G1 only in the event such official decree or order directly mandates the complete cancellation of the Event, and in all other cases (including if such official decree or order provides certain restrictions on the Event instead of mandating its complete cancellation) any rescheduling of the Event Date shall be in accordance with Clause F4 above. Notwithstanding anything in this Clause G1, any rescheduled Event, its location, and Event Date must be mutually agreed to by the Parties, failing which such Event shall be cancelled and Clause G2 below shall apply.
2. In the event the Client wishes to cancel the Event or if the Parties do not mutually agree to the rescheduling of the Event Date on account of any COVID-19 restriction directly impacting the Event imposed by applicable governmental authorities pursuant to an official decree or order, the Client agrees and acknowledges that there shall be no refunds on any amounts paid by the Client pursuant to this Contract and any remaining portions of the Service Fee which are due after the cancellation shall become immediately due to be paid by the Client to the Organizer on the date of such cancellation. Further, the Client agrees and acknowledges that all Third Party Costs are non-refundable and the Client shall pay any such Third Party Costs which are due and unpaid.
H. LIMITATION OF LIABILITY
In short: Our liability is limited to the amount of Service Fees received under this Contract.
1. To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) will the Organizer, its nominees or affiliates, or their respective shareholders, directors, agents, officers, personnel, employees, contractors, third-party service providers, licensors, suppliers, successors or assigns be liable to the Client or any third party for (i) any indirect, incidental, special, exemplary, punitive, or consequential damages of any kind whatsoever, or (ii) loss of profits, revenue, data, use, goodwill, or other intangible losses. Further, to the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort (including negligence or misconduct), or any other legal theory, whether the Organizer has been informed of the possibility of such damage.
2. The Organizer's total liability to the Client in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence or misconduct), breach of statutory duty, or otherwise, shall not exceed the Service Fee received by the Organizer from the Client under the Contract.
I. INDEMNITY
In short: You are required to indemnify us on account of any breaches of this Contract or in the case of any damage to our materials or property.
1. The Client agrees to indemnify, defend, and hold harmless the Organizer, its nominees or affiliates, or their respective shareholders, directors, agents, officers, personnel, employees, contractors, third-party service providers, licensors, suppliers, successors or assigns (collectively, “Indemnified Parties”) from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, incurred by any Indemnified Party for any:
1a. Breach of representation, warranty, or covenant by the Client under the Contract.
1b. Damage, loss or theft of any of the Organizer Materials.
1c. Damage, loss or theft of any property or items including but not limited to props, décor items, equipment, furniture, lighting, entertainment units or consoles, other goods and fixtures, and other property and materials, whether belonging to any Indemnified Party or any third-party.
1d. Claims arising from injuries sustained by any persons arising during the Event howsoever caused, unless such injury directly and demonstrably results from the gross negligence or fraud committed by the Organizer.
J. EVENT SWAG LIST
In short: Whatever we purchase and allow you to use belongs to us and whatever you directly purchase belongs to you.
1. All items including props and all décor items that are sourced and assembled for the event belong to the Organizer or its vendor, supplier, or service provider, as the case may be.
2. All types of furniture used during the event belong to the Organizer or its vendor, supplier, or service provider, as the case may be.
3. All items purchased directly by the Client as evidenced by an appropriate invoice and used during the event belong to the Client alone.
K. OUTSOURCED SUPPLIERS AND VENDORS
In short: We have our own network of third party suppliers with whom we have a good working relationship. However, if you would like us to use any other third party supplier for specific services, we charge an additional fee and we will not be responsible for any of their acts or omissions. We charge such additional fee as we have to spend time and effort in vetting such third party supplier to make sure that the Event is smooth and up to your wishes.
1. The Client agrees and acknowledges that the Organizer may, in its sole and absolute discretion, appoint, subcontract, and assign any part of the Services to any contractor, third-party vendor or other service provider (collectively, “Organizer Supplier”) as it deems fit. Further, the Client shall, to the exclusion of the Organizer, be responsible for all payments owed to such Organizer Suppliers. Further, the Client shall indemnify the Indemnified Parties from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, incurred by any Indemnified Party for any claims made by any Organizer Supplier in relation to non-receipt of any fees or disputes in payment.
2. The Client may request the Organizer to use a certain third-party supplier, vendor, or service provider (“Client Supplier”). However, the Organizer may, in its sole and absolute discretion either accept the Client Supplier or reject the Client Supplier for any reason whatsoever. In the event the Organizer accepts such Client Supplier:
2a. The Client shall pay the Organizer an additional fee amounting to 25% of the total fees payable to the Client Supplier
2b. The Client shall, to the exclusion of the Organizer, be responsible for all payments owed to such Client Supplier. Further, the Client shall indemnify the Indemnified Parties from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, incurred by any Indemnified Party for any claims made by the Client Supplier in relation to non-receipt of any fees or disputes in payment.
2c. The Organizer shall not be responsible for any losses or damages suffered by the Client or any Indemnified Party which are caused either directly or indirectly by such Client Supplier.
L. CONSEQUENCES OF TERMINATION
In short: If this contract is terminated for any reason, you are required to immediately pay us all remaining fees which are due.
1. On termination of the Contract for any reason or its expiry, including but not limited to cancellations or terminations owing to Clause C2, Clause D3 and Clause G2 above:
1a. The Client shall immediately pay to the Organizer all of the Organizer's outstanding unpaid invoices and interest as set out int this Contract and, in respect of Services supplied but for which no invoice has been submitted, the Organizer shall submit an invoice, which shall be payable by the Client immediately on receipt. Further, the Client shall immediately pay all outstanding invoices of the Organizer Suppliers and the Client Suppliers in accordance with their terms and conditions. It is hereby clarified that upon termination, the Client shall immediately all remaining amounts comprising the Service Fee and all Third Party Costs;
1b. The accrued rights, remedies, obligations, and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
1c. Clauses which expressly or by implication have effect after termination shall continue in full force and effect. Notwithstanding the generality of the foregoing, the following clauses shall continue to survive the termination or expiry of this Contract: Clause H I, K, M3, M4, M6, M10, M11, and this Clause L1(c).
M. GENERAL
In short: Please review this section for legal boilerplate, choice of law and dispute resolution.
1. The Organizer shall not be liable to the Client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event. For the purposes of this Contract, a “Force Majeure Event” will mean strikes, lockouts or other disturbances or disputes, acts of a public enemy, regional wars, regional terrorism, blockades, insurrections, riots, interruptions caused by acts of nature or the environment, pandemics or epidemics and associated government precautionary measures, arrests, the order of any court or governmental authority claiming or having jurisdiction while the same is in force and effect, civil disturbances, explosions, fires, leaks, releases, breakage, accident to machinery, inability to obtain or unavoidable delay in obtaining material or equipment, or any other causes whether of the kind herein enumerated or otherwise not reasonably within the control of the Organizer or the Client, provided, however, a Party’s inability to perform its economic obligations set out in the Contract will not constitute a ‘Force Majeure Event’.
2. Props, décor items, equipment, furniture, lighting, entertainment units or consoles, other goods and fixtures, and other property and materials, provided by and belonging to the Organizer or the Organizer Suppliers which are lost or damaged during the Event will be charged to Client’s account at Organizer’s current replacement rates. A refundable security deposit may be required by the Organizer depending on circumstances.
3. All intellectual property rights in or arising out of or in connection with the Services shall be owned by the Organizer.
4. The Client authorizes the Organizer to take photos of the event for marketing, social media, website, and award presentation purposes.
5. The Client acknowledges that elements of the Services may be performed by sub-contractors or suppliers of the Organizer, including Organizer Suppliers, or by contractors or suppliers contracted by the Client directly, including Client Suppliers.
6. Any notice or other communication required to be given to a Party under or in connection with this Contract shall be in writing and shall be, in the case the recipient is the Organizer, sent to the Senior Event Manager, CEO or Director only, and shall be, in the case the recipient is the Client, sent to the address specified in the Quotation or Invoice.
7. No failure or delay by the parties in exercising any right or remedy provided by law under or pursuant to the Contract will impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy will preclude any other or further exercise of it or the exercise of any other right or remedy. The rights and remedies of the Parties under or pursuant to the Contract are cumulative, may be exercised as often as such Party considers appropriate and are in addition to its rights and remedies under applicable law.
8. The Contract sets out the entire agreement and understanding between the Parties with respect to the subject matter of it. This Contract supersedes all prior discussions and correspondence with respect to the subject matter of it, which will not have any further force or effect. Further, notwithstanding anything to the contrary in this Contract or any document referred to therein, in the event of any conflict between the provisions of this Contract and any other document comprising or referred to in the Contract, the following shall be the order in which such provisions prevail:
8a. The Scope of Work
8b. The Invoice;
8c. The Quotation; and
8d. These Terms and Conditions.
9. If a court or any other competent authority finds that any provision of the Contract is invalid, illegal, or unenforceable, that provision or part-provision shall be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
10. Throughout this Contract, each section includes titles and brief summaries of the following terms and conditions. The Parties agree and acknowledge that such section titles and brief ‘in short’ summaries are not legally binding.
11. This Contract shall be governed by, and construed in accordance with the laws of the England and Wales. All disputes arising from the execution of or in connection with this Contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. The Parties agree, pursuant to Article 30(2)(b) of the Rules of Arbitration of the International Chamber of Commerce, that the Expedited Procedure Rules shall apply irrespective of the amount in dispute. The seat of the arbitration shall be the in Dubai, UAE and the language shall be English. The Parties shall have the right to bring a claim anywhere in the world in order to enforce their rights under this Contract. Any arbitration award shall be final and binding on all Parties.