Your Event, Your Peace of Mind

At Mostest, we’re committed to a seamless planning experience. Everything you need—transparently outlined, so you can plan with confidence.

MOSTEST SATISFACTION GUARANTEE

At Mostest, we are dedicated to providing an exceptional event planning experience. Our Satisfaction Promise ensures that you receive the highest level of support—before, during, and after your event.

1. BEFORE & DURING YOUR EVENT

Your event should feel seamless and stress-free. In the unlikely event your chosen the planner assigned to you isn’t the right fit, we offer unlimited rematches at no additional cost. Just let us know, and we’ll swiftly match you with another expert who aligns with your vision.

2. AFTER YOUR EVENT: OUR COMMITMENT

We value your experience and take all feedback seriously. In the unlikely event of a complaint, we will:

✔ Review & Address Your Concerns – Complaints must be submitted within 30 days of your event. Our team will assess feedback based on objective, tangible service-related issues (e.g., timeliness, execution). Personal preferences, communication styles, or subjective opinions about the planner do not qualify as service issues.

✔ Unlimited Rematches for the Right Fit – We understand that event planning is deeply personal, and the right fit matters. That’s why we offer unlimited rematches at no additional cost before your event. If you’re not connecting with your planner, just let us know, and we’ll swiftly match you with another expert.

✔ Determine a Fair Resolution – Any resolution will be based on the hours fulfilled and specific service-related concerns, ensuring fairness for both you and your planner.

Our priority is making sure you feel supported every step of the way. With Mostest, you have a team that listens, adapts, and delivers—so you can focus on celebrating.

PLANNING SERVICE LEVEL AGREEMENTS

90-Day Coordination

✔ Included:

Up to 10 hours on the day of your event (1 coordinator)
Light décor support
Up to 1x weekly meeting
Matching with your planner as early as 90 days before your event

✔ Optional Add-Ons:

Travel
Additional coordinators
Larger décor tasks

✔ Not Covered (Due to Insurance Limitations):

Hanging lighting from the ceiling
Bar service
Valet service
Full waste management

✔ Policies:

Multiple Venues: If your event has multiple locations, an additional coordinator is required.
Guest Count: Events with over 200 guests require an additional coordinator.

Month-of Coordination

✔ Included:

Up to 10 hours on the day of your event (1 coordinator)
Light décor support
Up to 1x weekly meeting
Matching with your planner as early as 60 days before your event

✔ Optional Add-Ons: (same as 90-Day Coordination)
✔ Not Covered: (same as 90-Day Coordination)
✔ Policies: (same as 90-Day Coordination)

Day-of Coordination

✔ Included:

Up to 10 hours on the day of your event (1 coordinator)
Up to 1x weekly meeting
Matching with your planner as early as 21 days before your event
Light décor support

✔ Optional Add-Ons: (same as 90-Day Coordination)
✔ Not Covered: (same as 90-Day Coordination)
✔ Policies: (same as 90-Day Coordination)

Content Creation

✔ Included:

Up to 10 hours on the day of your event (1 content creator)
Up to 1x weekly meeting
Matching with your planner as early as 14 days before your event
Light décor support

✔ Optional Add-Ons: (same as 90-Day Coordination)
✔ Not Covered: (same as 90-Day Coordination)

Something Borrowed Blooms

If your event requires Setup & Breakdown or Package Management for Something Borrowed Blooms items:

A second setup & breakdown coordinator is required for box counts over 10.

Virtual Planning

Our virtual planning services vary by product. Full details can be found in the Mostest product descriptions at www.joinmostest.com, available for client review before purchase.

TERMS OF PLANNING SERVICE LEVEL AGREEMENTS

1. PERFORMANCE OF SERVICES

✔ Service Hours & Execution: The couple determines how and when services are performed during planning discussions.
✔ Date, Time & Location Changes: Clients must notify Mostest before changing event details. If a change makes Mostest unavailable, Mostest is released from obligations, and the 50% deposit is forfeited.
✔ Planner Substitutions: If a planner is unavailable due to unforeseen circumstances, Mostest will provide a substitute. If no substitute is available, a refund will be issued.
✔ Photography Rights: Mostest reserves the right to share event photos unless an NDA is in place. Clients are responsible for communicating this with partner media companies and other vendors.

2. LIABILITY & FORCE MAJEURE

Mostest is not responsible for illness, emergencies, transportation issues, extreme weather, or other uncontrollable events that may impact services. We will:

Notify the client immediately if an issue arises.
Attempt to provide a substitute coordinator whenever possible.

Mostest, its agents, and affiliates are not liable for damages, including punitive, resulting from non-performance due to these circumstances.

3. PAYMENT & REFUND POLICY

✔ Deposits: non-refundable within 90 days of the event.
✔ Final Payment: Full payment is due 30 days before the event.
✔ Refunds:

Cancellations 90+ days before the event: Full refund of deposit or paid amount.
Cancellations within 90 days of the event: No refunds on any paid amounts.
Virtual Planning: Non-refundable once a planner match is made.
Past Events: Non-refundable.

4. LOCATIONS OUTSIDE OUR LISTED CITIES

If your coordination or content creation service is outside our designated markets, a custom travel accommodation surcharge will apply. This charge is either:

Automatically added based on venue location
Communicated in advance for venues not listed in our app and applied at the time of booking

5. WAIVER OF THIRD-PARTY VENDOR RESPONSIBILITY

Mostest provides event planning and coordination services, which are distinct from vendor and venue operations beyond our agreed-upon services. To set every event up for success, the client and Mostest acknowledges and agrees to the following:

The Role of a Planner vs. a Coordinator

Virtual planners help with pre-event logistics, design, and vendor and vendor recommendations, but do not manage vendors on-site or handle event-day execution.
Coordinators oversee event-day execution, vendor check-ins, and troubleshooting.
Neither replaces venue managers, catering staff, or rental setup teams—we support these teams in their execution.

Vendor Performance & Liability

While Mostest may introduce or recommend vendors, we do not assume liability for their performance.
If a vendor issue affects your event, Mostest will assist in troubleshooting but is not liable for refunds or damages.

Event Complexity & Unforeseen Circumstances

Even the best-laid plans can face unexpected hurdles. Mostest works to ensure smooth execution, but we cannot control:

Vendor no-shows, delays, or errors
Venue restrictions or infrastructure issues
Extreme weather, travel disruptions, or last-minute guest behavior
Client decisions that impact execution, such as last-minute changes
These factors do not qualify for refunds or disputes.

White Box Venues

For venues that lack staff for setup, breakdown, or logistics, the client is responsible for securing recommended personnel to cover gaps, also available for hire through Mostest. While willing to help, Mostest does not assume liability for venue management tasks such as venue cleanup, or any associated venue charges.

Choosing Fewer Coordinators Than Recommended

We provide staffing recommendations based on your event size and complexity to ensure smooth execution.

If a client chooses fewer coordinators than advised, Mostest is not responsible for service gaps that may arise.
If event-day execution suffers due to insufficient staffing, it does not qualify for a refund or dispute.

We are here to support you, advocate for your vision, and keep your event running smoothly—but success is a team effort. Let’s make your event incredible, together.

6. ADDITIONAL TERMS

✔ Expenses: If expenses arise, Mostest will obtain client approval before incurring costs. Clients should reimburse the planner before the event start date or within 48 hours of expense.

✔ Independent Contractor Status: Mostest operates as an independent contractor and is not an employee of the client.

✔ Governing Law: This agreement is governed by the laws of New York State, and any disputes must be filed in New York.

✔ Reservation of Rights. Mostest and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

✔ Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Mostest and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Mostest and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Mostest’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Mostest may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

✔ Agreement Termination: This agreement starts at purchase and ends the day after the event.

✔ Notices. Any notices or other communications provided by Mostest under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

✔ Waiver of Rights. Mostest’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mostest. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

✔ By booking with Mostest, the client acknowledges and agrees to these terms, waiving any claims related to vendor performance, event complexity, or venue-related limitations.

TERMS FOR JOINMOSTEST.COM

Last Updated: January 2, 2025

Please read these Terms of Service (the “Terms”) and our Privacy Notice ([link to privacy notice]) (“Privacy Notice”) carefully because they govern your use of the website located at https://joinmostest.com (the “Site”) and the services accessible via the Site and corresponding mobile application (“App”) offered by Mostest (“Mostest” “We” “Our”). To make these terms easier to read, the Site, our services and App are collectively called the “Services.” This agreement governs your use of the Services (“Client” or “You”).

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND MOSTEST THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.

2. Rights and Terms for Apps.

(a). App License. If you comply with these Terms, Mostest grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

(b). Additional Information: Apple App Store. This Section 8(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App

3. Content

(a) Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video . Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content.” Mostest does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

(b). Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Mostest a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.

(c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Mostest on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in violation of any applicable law or regulation.

(d) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(e) Right to publically share event content.
Mostest reserves the right to capture and share content (including photos, videos, and testimonials) from any event we engage in for marketing, promotional, and editorial purposes. If privacy is a concern, we are happy to provide a Non-Disclosure Agreement (NDA) upon request to ensure confidentiality.

(f). Right to use professional photos.
By engaging with Mostest, you grant us the right to use professional photos from your event for marketing, promotional, and editorial purposes. We will always provide proper credit to the photographer whenever possible. If you prefer to keep your event photos private, we are happy to provide a Non-Disclosure Agreement (NDA) upon request.

(g). Input and Output. The Services may use artificial intelligence or machine learning to generate output for you (each, “Output”) in response to: (i) your interaction, request or input; or (ii) User Content uploaded or submitted to influence the Output or Services (collectively, “Input”). As between you and Mostest to the extent permitted by applicable law and subject to Section Error! Reference source not found.: (1) you own all Input that you provide; and (2) subject to your compliance with these Terms (including 10(c)) (including Section 10(c)), Mostest assigns to you its right, title and interest in and to the Output generated by your Input. Mostest may use and modify Input and Output to enforce any applicable acceptable use policies or usage policies policies as set forth in Section 10(d) and to comply with applicable law.

(h). Mostest’s Intellectual Property. We may make available through the Services content, including Output, that is subject to intellectual property rights. We retain all rights to that content, and to the Services, including all AI models and systems. You are granted a non-exclusive, non-transferable, revocable license to access and use joinmostest.com strictly in accordance with these terms of use.

10. General Prohibitions and Mostest’s Enforcement Rights. You agree not to do any of the following:

(a). Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(b). Use, display, mirror or frame the Services or any individual element within the Services, Mostest’s name, any Mostest trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mostest’s express written consent;

(a). Use the Services or any Output in a manner that violates the OpenAI Usage Policies located at https://openai.com/policies/usage-policies, or any other such usage policies as applicable;

(c). Utilize the Services (including any AI models or derivatives thereof), documentation, Input or Output to train, improve or have trained or improved an AI model (e.g., engage in “model scraping”);

(d) Access, tamper with, or use non-public areas of the Services, Mostest’s computer systems, or the technical delivery systems of Mostest’s providers;

(e) Attempt to probe, scan or test the vulnerability of any Mostest system or network or breach any security or authentication measures;

(f) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Mostest or any of Mostest’s providers or any other third party (including another user) to protect the Services;

(g). Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Mostest or other generally available third-party web browsers;

(h). Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(i). Use any meta tags or other hidden text or metadata utilizing a Mostest trademark, logo URL or product name without Mostest’s express written consent;

(j). Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(k). Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

(l). Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

(m). Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(n) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(o). Impersonate or misrepresent your affiliation with any person or entity;

(p). Violate any applicable law or regulation; or

(q). Encourage or enable any other individual to do any of the foregoing.

Mostest is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

11. DMCA/Copyright Policy. Mostest respects copyright law and expects its users to do the same. It is Mostest’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Mostest’s Copyright and IP Policy at [insert link], for further information

12. Links to Third Party Websites or Resources. The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

13. Termination. The Client and Mostest agree that this Agreement shall commence on the date of purchase and terminate on the day after the event. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at Info@joinmostest.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: Error! Reference source not found., Error! Reference source not found. , Error! Reference source not found., 7(d) (only for payments due and owing to Mostest prior to the termination), 9(b), 9(c), 9(f), 10, 12, 14, 15, 16, 17, 18, and 19, and 19.

14. Warranty Disclaimers.

(a). General Disclaimer. THE SERVICES AND OUTPUT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or Output will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services or Output.

(b). Similarity, Accuracy and Appropriateness of Output. Due to the nature of machine learning, Output may not be unique and the Services may generate the same or similar output for Mostest or a third party. Mostest’s assignment of Output as set forth in Section 9(e) does not extend to other Mostest’s customers’ output. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE SERVICES MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, OFFENSIVE OR OTHERWISE UNDESIRABLE. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE INPUT PROVIDED AND YOUR COMPLIANCE WITH THESE TERMS, AND NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, MOSTEST WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM USER CONTENT, INPUT, OUTPUT OR THEIR USE. You will evaluate the content, nature and accuracy of any Output as appropriate for the applicable use case, including by using human review of the Output.

15. Indemnity. You will indemnify and hold Mostest and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.

16. Limitation of Liability.

(a). TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MOSTEST NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOSTEST OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b). TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MOSTEST’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU OR ARE PAYABLE BY YOU TO MOSTEST FOR USE OF THE SERVICES, PROVIDED THAT IF YOU HAVE NO PAYMENT OBLIGATIONS TO MOSTEST, IN NO EVENT WILL MOSTEST’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS MADE UNDER OR RELATED TO THIS AGREEMENT EXCEED [ONE HUNDRED DOLLARS $100.00].

(c). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOSTESTostest AND YOU.

17. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of [New York], without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 1817 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Mostest are not required to arbitrate will be the state and federal courts located in New York, New York and you and Mostest each waive any objection to jurisdiction and venue in such courts.

18. Dispute Resolution.

(a). Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Mostest agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Mostest are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(b). Exceptions. As limited exceptions to Section 18(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(c). Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(d). Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(e). Injunctive and Declaratory Relief. Except as provided in Section 18(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(f). Class Action Waiver. YOU AND MostOSTEST est AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(g). Severability. With the exception of any of the provisions in Section 18(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

19. General Terms.

(a). Reservation of Rights. Mostest and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

(b). Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Mostest and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Mostest and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Mostest’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Mostest may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(c). Notices. Any notices or other communications provided by Mostest under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(d). Waiver of Rights. Mostest’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mostest. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

20. By booking with Mostest, the client acknowledges and agrees to these terms, waiving any claims related to vendor performance, event complexity, or venue-related limitations.

21. Contact Information.

If you have any questions about these Terms or the Services, please contact Mostest at:

Mostest
1204 Broadway, 2nd Floor
New York, NY 10001
Email: info@joinmostest.com

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Mostest welcomes your questions or comments regarding the Terms.

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