Terms of Use

Agreement to These Terms

Welcome to www.moderndayeventdesign.com (the “Site”), owned and operated by Modernday Event Design, LLC (“Modernday Event Design,” “we,” “us,” or “our”), a Southern California-based event planning and design company.

By accessing or using this Site, you agree to be bound by these Terms of Use (“Terms”) and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, please discontinue use of the Site immediately.

We reserve the right to update these Terms at any time. The most current version will always be posted on this page with an updated “Last Updated” date. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

About This Site and Our Services

This Site is an informational website. Its purpose is to provide prospective and current clients with information about the event planning and design services offered by Modernday Event Design. The Site does not sell physical goods or products.

Actual event planning services are provided under a separate, written service agreement (“Service Agreement”) entered into between Modernday Event Design and each client. These Terms govern your use of this Site only. The rights, obligations, scope of services, payment terms, cancellation terms, and other terms of our professional engagement are set forth exclusively in the applicable Service Agreement. Nothing in these Terms creates or implies any warranty, guarantee, or commitment regarding the services themselves beyond what is expressly stated in your signed Service Agreement.

All services are conducted in English. It is the express wish of the parties that these Terms and all related documents be written in English.

Eligibility — Adults Only

This Site and our services are intended solely for adults who are legally capable of entering into binding contracts. Because our services are performed under legally binding service agreements, you must be at least 18 years of age to use this Site, submit any inquiry, or engage our services.

We do not knowingly permit minors to use this Site or submit personal information through it. If you are under 18 years of age, please do not use this Site or submit any information to us. If we become aware that a minor has submitted personal information through our Site, we will promptly delete it.

By using this Site, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

Electronic Communications

By visiting this Site or sending us an email, you consent to receive electronic communications from Modernday Event Design. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically — whether by email or posted on the Site — satisfy any legal requirement that such communications be in writing.

Electronic communications related to an active engagement are governed by the terms of your Service Agreement. Communications through this Site, including inquiry form submissions and general emails, do not constitute a binding service agreement and do not create any obligation on the part of Modernday Event Design to provide services.

Intellectual Property

All content on this Site — including text, photographs, graphics, logos, designs, and the overall compilation of the Site — is the property of Modernday Event Design or its licensors and is protected by United States copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Site content solely for your personal, non-commercial use in evaluating our services. This license does not include the right to:

• Copy, reproduce, distribute, or publicly display any Site content without our express written permission

• Modify, create derivative works from, or reverse engineer any content or software on the Site

• Remove or alter any copyright, trademark, or other proprietary notices

• Use any content for commercial purposes or in any manner not expressly permitted by these Terms

All rights not expressly granted in these Terms are reserved by Modernday Event Design. Unauthorized use of Site content may violate copyright, trademark, and other applicable laws and could result in civil or criminal penalties.

Acceptable Use of This Site

You agree to use this Site only for lawful purposes and in accordance with these Terms. You agree that you will not:

• Use the Site in any way that violates applicable federal, state, or local law or regulation

• Attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site

• Transmit any material that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable

• Upload or transmit any viruses, malware, or other malicious code that could damage, disable, or impair the Site or any connected systems

• Use automated tools, bots, or scrapers to access, collect, or harvest information from the Site

• Impersonate any person or entity or misrepresent your affiliation with any person or entity

• Interfere with or disrupt the integrity or performance of the Site or its content

We reserve the right to terminate your access to the Site at any time, without notice, if we believe you have violated these Terms or engaged in any conduct that is harmful to us, other users, or third parties.

Inquiry and Contact Form Submissions

When you submit an inquiry, contact form, or any other information through this Site (“Submission”), you represent that the information you provide is accurate and that you have the right to submit it.

We will use the information contained in your Submission solely to respond to your inquiry and, if an engagement follows, to provide event planning services under a separate Service Agreement. We will not publish, distribute, or use your Submission for any commercial purpose beyond what is described in our Privacy Policy.

A Submission through this Site does not constitute a binding contract or guarantee of services. No engagement is created until both parties have executed a written Service Agreement.

Links to Third-Party Websites

This Site may contain links to third-party websites as a convenience to visitors. These links do not constitute an endorsement by Modernday Event Design of those sites or their operators, and we have no control over their content, privacy practices, or availability.

We are not responsible for the content, accuracy, or practices of any linked third-party site. We encourage you to review the terms of use and privacy policies of any third-party site you visit. Your use of third-party sites is at your own risk.

Privacy

Your use of this Site is also governed by our Privacy Policy, available at www.moderndayeventdesign.com, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and protect your personal information, including information submitted through this Site.

By using this Site, you consent to the data practices described in our Privacy Policy. We handle personal information in accordance with the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and all other applicable privacy laws.

Third-Party Platforms We Use

We use HoneyBook as our client relationship management and invoicing platform. HoneyBook facilitates client communications, contracts, and payment processing. Payment processing within HoneyBook is powered by Stripe. By engaging our services and using HoneyBook’s platform in connection with those services, you are subject to HoneyBook’s and Stripe’s respective terms of service and privacy policies.

We share your information with third-party platforms only to the limited extent necessary to operate our business and deliver the services you have requested, and only in accordance with our Privacy Policy. We do not share your personal information with third parties for marketing, advertising, or any commercial purpose beyond service delivery.

Disclaimer of Warranties

THE INFORMATION AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MODERNDAY EVENT DESIGN DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

MODERNDAY EVENT DESIGN DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE SITE.

The disclaimers above apply to this Site and its content only. The quality, performance, and scope of our event planning services are governed exclusively by your signed Service Agreement with Modernday Event Design. Nothing on this Site constitutes a representation or warranty regarding the services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MODERNDAY EVENT DESIGN, ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF DATA, REVENUE, OR PROFITS — ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN FULL. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Liability arising from or related to event planning services — including cancellations, postponements, vendor performance, or force majeure events — is governed solely by the terms of your signed Service Agreement with Modernday Event Design, and not by these Terms of Use.

Indemnification

You agree to indemnify, defend, and hold harmless Modernday Event Design, its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of or inability to use this Site; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your violation of any rights of a third party.

Modernday Event Design reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claims.

Dispute Resolution

Good Faith Negotiation

Before initiating any formal dispute process, either party may initiate negotiation by providing written notice to the other party describing the dispute in reasonable detail. The parties will negotiate in good faith for at least thirty (30) days from the date of that notice before pursuing arbitration or any other formal proceeding. Many concerns can be resolved quickly through direct communication. Written notice to us should be sent to info@moderndayeventdesign.com.

Small Claims Court

Notwithstanding the arbitration provision below, either party may bring an individual claim in California small claims court if the claim amount is within the court’s jurisdictional limits (currently $12,500 or less) and the claim is otherwise appropriate for small claims court. This exception does not waive the arbitration requirement for claims exceeding small claims court jurisdiction.

Binding Arbitration

If a dispute is not resolved through negotiation or small claims court, you and Modernday Event Design agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of this Site — including any question of the scope or enforceability of this arbitration provision — shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single neutral arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator, the arbitrator shall be selected through AAA procedures.

The following terms apply to all arbitrations under this provision:

Location: Arbitration will be conducted in Orange County, California, or at a mutually agreed location.

Attorneys’ Fees and Costs: Each party will bear its own attorneys’ fees and costs unless the arbitrator determines, under the cost recovery standards described below, that an award of fees and costs to the prevailing party is warranted. If either party initiates arbitration or other dispute resolution proceedings relating to these Terms, the prevailing party (as determined by the arbitrator) shall be entitled to recover reasonable costs and expenses, including: court costs and filing fees; arbitration fees and administrative costs; reasonable attorneys’ fees (pre-hearing, hearing, and on appeal if applicable); expert witness fees; deposition and discovery costs; and collection costs. The non-prevailing party shall pay these costs and expenses to the prevailing party within thirty (30) days of the final arbitration award.

Written Decision: The arbitrator shall issue a written decision explaining the basis for the award.

Discovery: Discovery will be permitted as provided in the AAA Commercial Arbitration Rules.

Finality: The arbitrator’s award will be final and binding. Judgment on the award may be entered in any court with jurisdiction.

Emergency Relief

Nothing in this Section prevents either party from seeking emergency injunctive relief or a temporary restraining order in a court of competent jurisdiction if necessary to prevent immediate and irreparable harm pending the resolution of a dispute through arbitration. Seeking such relief does not waive any right to arbitration.

Confidentiality

All arbitration proceedings, submissions, and settlements under this Section shall be kept strictly confidential by both parties, except as required by law or as necessary to enforce an arbitration award in court.

Class Action Waiver

You and Modernday Event Design each agree that any dispute resolution proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to info@moderndayeventdesign.com within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you are opting out of the arbitration provision. If you opt out, disputes will be resolved in the courts described below.

Relationship to Service Agreement

For clients who have executed a separate written Service Agreement with Modernday Event Design, disputes arising directly from the services provided under that agreement are governed by the dispute resolution provisions of the Service Agreement. This Terms of Use arbitration provision governs disputes arising from your use of this Site. In the event of any conflict between the dispute resolution terms in the Service Agreement and these Terms with respect to a service-related dispute, the Service Agreement shall control.

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. For any disputes not subject to arbitration — including small claims matters, emergency relief proceedings, and any action to enforce an arbitration award — you consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California.

Termination of Access

We reserve the right, in our sole discretion, to suspend or terminate your access to this Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Site ceases immediately. Provisions of these Terms that by their nature should survive termination — including intellectual property rights, disclaimers, limitation of liability, indemnification, and dispute resolution — shall survive.

Copyright Complaints (DMCA)

If you believe that any content on this Site infringes your copyright, please send a written notice to us at info@moderndayeventdesign.com with “DMCA Notice” in the subject line. Your notice must include: (a) identification of the copyrighted work you believe has been infringed; (b) identification of the material on our Site that you claim is infringing; (c) your contact information; (d) a statement that you have a good faith belief the use is not authorized; and (e) a statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Accessibility

Modernday Event Design is committed to making our Site accessible to all users, including individuals with disabilities. We endeavor to follow reasonable accessibility standards and best practices. If you experience difficulty accessing any content on our Site, or if you require information in an alternative format, please contact us at info@moderndayeventdesign.com or (949) 415-6335 and we will make reasonable efforts to assist you.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Modernday Event Design with respect to your use of this Site. They supersede all prior or contemporaneous communications, representations, and agreements, whether electronic, oral, or written, relating to the Site. For the avoidance of doubt, nothing in these Terms modifies or supersedes any separate written Service Agreement executed between you and Modernday Event Design for event planning services.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Modernday Event Design to be effective.

No Agency or Partnership

Nothing in these Terms creates or implies any joint venture, partnership, employment, or agency relationship between you and Modernday Event Design as a result of your use of this Site.

Admissibility

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact Us

If you have questions or concerns about these Terms of Use, please contact us:

Modernday Event Design, LLC

Dana Point, California 92629

Website: www.moderndayeventdesign.com

Email: info@moderndayeventdesign.com

Phone: (949) 415-6335

When contacting us regarding these Terms, please include “Terms of Use” in the subject line of your email.

Last Updated: February 2026