Marco Experiences, Inc.

Venue Terms and Conditions

Effective Date: Jan 1, 2023

SERVICES.

Marco’s production services offer you the flexibility you need to design something truly one-of-a-kind for your Event. We partner with you to design and plan your Event through our core services, which include:

  • Venue Sourcing & Selection: We find options and secure a venue that meets your criteria, negotiate rates, and handle the contract process.
  • Event Design & Buildout: We bring all elements together (venue, food, beverage, experiences, production, and branded moments) to execute your vision.
  • Food & Beverage Execution: We scope and coordinate food and beverage with the venue or external vendors.
  • Project Management: We manage all communication, scheduling of site visits and walkthroughs, contracting, budgeting, and event details up to execution.
  • Vendor(s) Sourcing & Management: We manage vendors, regardless of whether they are provided by the venue or not.
  • Landing Page & Guest Management: We manage your event details and RSVPs in one cohesive page, so you can focus on providing people with the right information and confirming attendance.
  • Experience(s) Sourcing & Management: We help you book experiences from Marco's experience marketplace or source experiences not listed on the marketplace.
  • Event Production: We'll manage the venue's team and vendors to ensure successful event execution.

Supplementary to our planning services, Marco offers other services upon request and for an additional fee. These may include but are not limited to:

  • Onsite Facilitation: We can provide onsite coordination and event management support for your Event. Support may include but is not limited to maintaining schedule adherence, onsite troubleshooting, space setup/breakdown, and vendor management.
  • Photo & Video Sourcing & Management: We can source and manage onsite photographers and videographers to capture your experience. After the event for photo services, we'll deliver a gallery. After the event for video services, we'll deliver video assets based on the agreed deliverables. If video or images are to be used outside of internal use, there will be an additional usage fee.

By using Marco, you are able to design your Event from bottom up. To ensure that your Event meets all of your needs, you must be available and engaged throughout the planning process, and we are not responsible for delays caused by you or your team. You must approve all bookings before we make them, and we will provide cost estimates with each booking option at your request. Marco’s role is that of a consultant and advisor, but you are ultimately responsible for your final selections. We are not responsible if certain options are full or not available, or for price changes after we provide an estimate to you. When required by Marco or the third-party vendor or host, you agree to enter into booking contracts with the vendor or host and be responsible for these contracts.

SOURCING EXCLUSIVITY.

For two weeks after this Agreement has been signed by you and Marco, Marco will work diligently to source a venue for your Event and present options to you, and you agree not to contact any venues for the Event during this time period. If you already contacted venues before signing this Agreement, you agree to either provide Marco with contact information and other details you already received from these venues at the time of signing this Agreement so we can continue these conversations on your behalf, or refrain from contacting them during this two-week period. At the conclusion of the two-week period, if you have not selected a venue for the Event, you and Marco will confer to discuss next steps, including whether to continue the relationship or extend this sourcing exclusivity period.

OUTSIDE VENDORS.

One of the benefits of working with Marco is that you get access to our relationships with trusted and quality outside vendors that we manage before and during your Event, so everything goes smoothly. In some cases, your selected venue may have requirements about using specific vendors, and we will convey these options to you.

If you would like to use your own vendor for a portion of the Event, Marco must approve the vendor and also obtain the venue’s approval before the Event, which may be withheld in either party’s sole discretion. If you do not have advanced approval for a vendor, you agree to be responsible for all issues related to your vendor, such as the venue prohibiting use of the vendor, the assessment of additional fees by Marco or the venue, or inconsistencies with other vendors during the Event.

SERVICE FEES, EVENT FEES, & PAYMENT SCHEDULE.

By working with Marco for your Event, you agree to pay us a 15% Service Fee based on the aggregate total of all Event components that we plan or coordinate and book (including any amounts charged after the reservation was made).

You agree to pay the Service Fee, plus any additional mutually agreed-upon charges, to Marco within fourteen (14) days of receipt of invoice(s) issued via Stripe. Marco may pay amounts for your Event on your behalf, in which case your invoices will include both the third-party amounts and the amounts owed to Marco, and you agree to pay such amounts in full within fourteen (14) days of receipt of the invoice(s) issued via Stripe.

CANCELLATION & RESCHEDULING.

All reservations and orders made for your Event will be subject to the cancellation and rescheduling policies of the third party providing the property, services, or products. If you need to cancel or reschedule a reservation or order already placed for your Event, contact Marco immediately and we will work with the third party to try to accommodate your request. You are responsible for paying all cancellation and rescheduling fees, and in some instances you may not receive a refund depending on the third party’s policy.

If you reschedule an Event component (or the Event), your Service Fees will be calculated and owed based on the final price of the Event component(s), including any rescheduling fees. If you cancel an Event component (or the Event) after it was planned or coordinated and booked by Marco, you will owe Marco 20% of the Service Fees that would have been owed if the Event component or Event had not been canceled; if you pre-paid any amounts for a canceled Event component(s), Marco will refund all such amounts, minus the Service Fees owed to Marco and any applicable third party cancellation fees.

PRIVACY & CONFIDENTIALITY.

We respect the privacy of you and your guests. Other than as required to make bookings for your Event and otherwise provide our services, we will not use your name or logo, or the names of any of your guests, without your prior written permission. Additionally, to the extent that you disclose “Confidential Information” to Marco during the term of this Agreement, we agree to only use and not disclose the Confidential Information except to provide the services under this Agreement, including, but not limited to, performing research, booking, coordination, or other services related to the Event, or as otherwise agreed by you in advance. “Confidential Information” means information, data, documents, agreements, files, and other materials that you label or tell us are confidential or that, by their nature and under the circumstances, would be reasonably considered confidential or proprietary information of you or your guests, employees, or members.

AGREEMENT TERMINATION.

If you cancel the Event, this Agreement will automatically terminate unless you and Marco mutually agree to additional services governed by this Agreement, other than the Event.

Additionally, either you or Marco can terminate this Agreement at any time without canceling the Event upon at least ten (10) days written notice to the other party. If this Agreement is terminated by either party but the Event is not canceled, you will owe Marco all Service Fees earned up to the date of termination and all Event fees paid by Marco on your behalf. Additionally, if you terminate this Agreement without canceling the Event, you will pay Marco reasonable fees for time incurred by Marco to transition the Event coordination to another party.

ADDITIONAL LEGAL TERMS.

  1. Indemnification. You agree to indemnify, defend, and hold harmless Marco and its officers, directors, employees, contractors, representatives, agents, and assigns from and against any and all third-party lawsuits, actions, or proceedings and any related costs and expenses, including attorney’s fees (collectively, “Claims”), related to or arising from your Event, including, but not limited to, any bookings, services, or products for the Event or any acts or omissions of you, your employees, and your guests, unless such a Claim results solely and directly from Marco’s gross negligence or willful misconduct. Marco agrees to give you prompt written notice in the Event of any Claim arising to which we believe indemnification is relevant and necessary. No Claims may be settled without our prior written consent.
  2. Disclaimer. All services, products, and bookings provided hereunder are delivered “as is” without any express or implied warranties. Marco does not make any guarantees or have any responsibility for any of the services, properties, equipment, food, beverages, or other elements of the Event, even if booked by Marco.
  3. Force Majeure. If the performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control, including, without limitation, acts of God, pandemic, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, strikes, lock-outs, or work stoppage, and if the party unable to carry out its obligations gives the other party prompt written notice of such Event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such Event. For avoidance of doubt, this “Force Majeure” Section only applies to each party’s obligations under this Agreement, and does not apply to the Event itself; cancellation and rescheduling of Event components (including the entire Event) is governed by the “Cancellations & Rescheduling” Section above.
  4. Additional Terms. This Agreement includes, by reference, the following additional terms: Marco’s Terms and Conditions and Health & Safety Guidelines Against COVID-19. This Agreement, plus these additional terms, contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties. This Agreement may only be amended or modified by written agreement of both parties. If there is a conflict between this Agreement and Marco’s Terms and Conditions, this Agreement prevails.
  5. Severability; Waiver. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. The waiver of any one default will not waive any other default.
  6. Assignment. Neither party may assign this Agreement without the prior written consent of the other party. This Agreement will inure to the benefit of and will be binding upon the successors and permitted assigns of the parties.
  7. Governing Law; Disputes. This Agreement shall be governed by and construed in accordance with the internal substantive laws, but not the choice of law rules, of the state of California. Any and all disputes relating to this Agreement will be settled by binding arbitration to be held in San Francisco County, California.
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