Event Terms and Conditions

Top 10 things to consider in Event Terms and Conditions

Please read on.

Don’t wait to have someone asking for a refund or acting inappropriately at your event to get your Event Terms and Conditions sorted!

When drafting Event Terms and Conditions, it’s essential that you make sure that your business’ interests are properly covered. Any old agreement just will not do.

The following information outlines the top 10 things you should consider when drafting tailored event contracts and agreements.

1) General Disclaimer, or Financial Results and Profitability Disclaimer

These disclaimers are really important to let your customers/clients know that you don’t make any guarantees about them to obtain any certain results personally or in a business capacity in connection with your services.

Importantly, any event testimonials or other successes by other clients/customers are not to be relied on and you can’t guarantee same or similar results. Much will depend on various factors and you should list those types of factors.

2) Confidentiality

You should be clear that any confidential information shared by participants or any of your representatives is confidential and proprietary and belongs to the Participant who discloses it.

It’s vital that you will not be responsible and make these clauses specific about the disclosure of information and that you won’t be held liable for any damages as a result.

3) Event Code of Conduct, Community Guidelines

These outline what type of conduct is allowed in your events, and what type of conduct will not be tolerated and outline community guidelines, what happens if they exhibit that type of conduct and non-refunds etc.

4) Event Copyright and Event Trade Mark Notices

It should be made very clear that all material at your events, or otherwise delivered by you, is subject to copyright and they must obtain your prior written permission if they’d like to use, copy or reproduce it.

It should also be made clear that clients will not acquire any ownership rights by attending your events or learning your content.

This section should also state that the trade marks, logos, and service marks displayed at your events to denote your brand are either registered or unregistered trade marks and may not be used in connection with any product or service that does not belong to you, in any manner that is likely to cause confusion with customers, or in any manner that disparages you.

5) Right to Suspend, Terminate and Refund

Outlines your rights, such as to:

• Cancel/alter scheduled dates for any of your events for any reason whatsoever;
• Change the location of any of your events; and
• Substitute speakers for any of your events.

Also, it should outline whether you will offer a refund if one of your clients wishes to cancel before or after a specific time period before your event, as well as the amount of the refund. For example:

“If you wish to cancel more than 14 working days before the start of the event we will refund you 50% of the ticket purchase price. If you wish to cancel less than 14 working days before the start of the event, no ticket costs will be refunded.”

You may also consider including whether a substitute attendee may be sent as a replacement if your client is unable to attend a booked event, subject to your approval.

6) Event Payments

Outlines items such as:

• The percentage of the ticket purchase price that must be paid at the time of booking;
• How your clients will receive confirmation and details of their booking and/or ticket; and
• That your clients must notify you immediately if there have been any mistakes with their booking, or if they have not received the confirmation by the specified method within a certain amount of time after payment.

If some of your payments are operated through an online and automated billing system (Online Payment), this should also consider whether:

• Your clients agree to ensure sufficient funds are available in their nominated account to meet any account withdrawals made by you on their scheduled due dates; and
• Failure to make payment will result in your clients being unable to purchase a ticket to your event.

Event payment management is an important consideration to include in your event planning contract.

7) Limited Liability

You should consider whether the disclaimers need to have limitations of liability and indemnities under Australian Consumer Laws.

You should also consider express or implied representations or warranties, any direct, indirect, special or consequential loss, damages or reliance in connection with any of your events, your community or your content.

Specific provision should be made to limit or exclude your liability for any damages.

8) Indemnity

A specific indemnity clause is crucial to cover you for any legal actions, law suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees) if the customer breaches your terms, or if the customer relies on the information you provide and suffers loss and then tries to blame you.

It is important to know what you are covered for in the event management industry.

9) Applicable Law

It’s important to make sure that you should pick a home state so that you can transfer any legal proceedings to your state. This can be a very useful provision if it ever comes to that. It can be even more costly trying to fight any legal proceedings in a different state to the state in which you are located. Best to have home court advantage in a way.

10) Dispute Resolution

These clauses can be really good to stop a dispute from going to Court and have mandatory dispute resolution mechanisms that the parties need to do before that happens, including a mediation process.

Related: Website Terms and Conditions, Competition Terms and Conditions, Photography Terms and Conditions, Recruitment Terms and Conditions, Coaching Terms and Conditions, Terms and Conditions of Business.

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