Terms of Service

TERMS OF SERVICE 1. Acceptance of these terms By accessing or using this website or engaging with Elevate Events & Marketing LLC, you agree to be bound by these terms of service. If you do not agree to any part of these terms, you may not use this website or engage our services. Your use of the website and any request for services signifies your acceptance. These terms apply to all visitors, users and anyone who engages Elevate for services. 2. Who we are Elevate Events & Marketing LLC is a limited liability company registered and organized under the laws of the State of New Mexico. We are a live event and brand-experience production agency. We create, produce and manage events, and we provide content creation, social media management and paid social advertising services to support those events and our clients' brands. Our registered office is located at 1209 Mountain Road PL NE Ste R, Albuquerque, New Mexico 87110, United States. You may contact us at info@elevatemktevents.com or via the contact form on our website at https://elevatemktevents.com. 3. Use of this website 3.1 Permitted use You may access and use this website for lawful purposes only. You may view, read and download content for your own personal, non-commercial reference, provided you retain all copyright, trademark and other intellectual-property notices. Any use of the website must comply with all applicable federal, state and local laws, rules and regulations. 3.2 Prohibited use You may not: - Use this website for any illegal purpose or in violation of any law, regulation or these terms. - Attempt to gain unauthorized access to this website, its systems, networks or servers. - Interfere with or disrupt the operation of this website or the equipment or networks on which it runs. - Transmit viruses, worms, malware, malicious code or any other harmful or destructive material. - Engage in any form of harassment, abuse, defamation, obscenity or hate speech. - Post, upload or transmit any content that violates the intellectual-property rights, privacy rights or other legal rights of any third party. - Attempt to reverse-engineer, decompile or discover the source code or underlying structure of this website. 3.3 No scraping or automated access You may not scrape, crawl, harvest, spider, mine or use any automated tool, script, bot or process to extract data, content or information from this website. You may not systematically download, mirror or reproduce the website or its content. You may not use this website to feed, seed or populate any other website, database, service, application or platform without our express written permission. Reasonable automated access by legitimate search engines for indexing purposes is permitted, consistent with the Robots Exclusion Standard. 3.4 No interference with service You may not attempt to interfere with, overload, disable or disrupt this website, its services, networks or infrastructure. This includes intentional acts such as denial-of-service attacks, flooding, bombing or the exploitation of any known or unknown vulnerability. Any such attempt is prohibited and may result in legal action. 4. Services offered 4.1 Event production engagements Elevate provides live event and brand-experience production services. This includes event design, planning, logistics, on-site production, staffing coordination and project management. Event engagements are typically priced and billed as a fixed project fee. Each project engagement is governed by a separate written statement of work signed by both Elevate and the client, which sets out the scope of work, deliverables, timeline, fees and other material terms. 4.2 Content and paid-media retainers Elevate provides monthly retainer services for content creation, social media management and paid social advertising (primarily on Meta platforms). Retainer engagements are billed monthly and continue month to month unless terminated in accordance with the cancellation and refund policy section of these terms. Each retainer engagement is governed by a separate written statement of work signed by both Elevate and the client. 4.3 No offer; no engagement without written agreement Nothing on this website constitutes an offer to provide services, a quote, a price list or a binding commitment. This website is provided for information only. No engagement, scope of work, pricing or service obligation arises unless and until Elevate and the client execute a written statement of work signed by both parties. Elevate publishes no public pricing on this website. All fees, terms and conditions specific to each engagement are set out in the signed statement of work. 4.4 Project scope and deliverables The exact scope of work and deliverables for any engagement will be defined in the statement of work. If you are uncertain whether a particular deliverable or service is included, you must clarify this in writing with Elevate before signing the statement of work. 5. Fees, invoicing and payment terms 5.1 Fees as stated in the statement of work All fees for services are set out in the signed statement of work. No fees are payable, and no service obligation applies, unless a written statement of work has been executed by both Elevate and the client. 5.2 Deposits For event production engagements, Elevate customarily requires a deposit, typically 50% of the project fee, payable upon execution of the statement of work. The balance of fees is typically payable on or before the event date or according to the schedule set out in the statement of work. The statement of work will specify the deposit amount and payment schedule. Deposits are held in trust and applied to the final invoice. 5.3 Invoicing and payment due Elevate will invoice the client for all fees and expenses as set out in the statement of work. Invoices are due and payable within thirty (30) days of the invoice date, unless the statement of work specifies different terms. Payment must be made in full without set-off, deduction or withholding. The client must provide payment in the method specified by Elevate (bank transfer, credit card or other method as agreed). 5.4 Late payment If the client does not pay any invoice in full by the due date, Elevate may charge interest on the overdue amount at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower) from the due date until payment is received in full. Elevate may also suspend performance of services, withhold deliverables or terminate the engagement if fees remain unpaid more than fifteen (15) days past the due date. The client remains liable for all costs Elevate incurs in collecting overdue fees, including attorney fees and collection costs. 5.5 Expenses In addition to fees, the client is responsible for all reasonable third-party costs incurred by Elevate on behalf of the client, including but not limited to venue rental, catering, talent, equipment rental, travel, printing, media spend and vendor services. Elevate will provide the client with itemized invoices or receipts for all such expenses. Expenses are typically invoiced monthly or as incurred, and are due according to the payment terms set out in the statement of work. 6. Cancellation and refund policy 6.1 Event production engagements: cancellation by client The client may cancel an event production engagement by providing written notice to Elevate. The treatment of fees, deposits and third-party costs is as follows: - If the client cancels more than 90 days before the event date, Elevate will refund the deposit minus any non-recoverable third-party costs committed on behalf of the client and a cancellation fee of 10% of the project fee. - If the client cancels 60 to 90 days before the event date, Elevate will refund the deposit minus 30% of the project fee and all committed third-party costs. - If the client cancels 30 to 60 days before the event date, Elevate will refund the deposit minus 50% of the project fee and all committed third-party costs. - If the client cancels fewer than 30 days before the event date, the entire deposit is forfeited and the client remains liable for 75% of the project fee and all committed third-party costs. - If the client cancels after the event date, no refund is due and the client remains liable for the full project fee and all costs. 6.2 Event production engagements: cancellation by Elevate Elevate may cancel an event engagement if the client materially breaches this agreement or the statement of work and fails to remedy the breach within ten (10) days of written notice. Upon such cancellation, the client remains liable for all fees earned and all committed third-party costs to the date of cancellation. Elevate will refund any excess deposit once all costs have been reconciled. 6.3 Retainer engagements: termination by client The client may terminate a retainer engagement by providing thirty (30) days' written notice to Elevate. Upon termination, Elevate will cease providing services at the end of the notice period. The client remains liable for fees through the end of the notice period. No refund is due for the current or prior months' services. Any paid media spend committed but not yet expended remains the client's liability. 6.4 Retainer engagements: termination by Elevate Elevate may terminate a retainer engagement if the client fails to pay any invoice within thirty (30) days of the due date or materially breaches the statement of work or these terms. Upon such termination, services cease immediately and the client remains liable for all accrued fees and committed costs. 6.5 Treatment of third-party costs All committed third-party costs, including but not limited to venue deposits, vendor commitments, media spend, talent fees and equipment rentals, are generally non-refundable once committed on behalf of the client. The client is responsible for these costs regardless of whether the event proceeds, is postponed or is cancelled. Elevate will use reasonable efforts to recover or reallocate third-party costs if possible, but makes no guarantee. The client will reimburse Elevate for all third-party costs incurred. 6.6 Postponement If the client requests to postpone an event, Elevate will cooperate in good faith to reschedule, subject to availability. However, the client remains liable for all costs incurred and committed. If costs cannot be reallocated to the new date, the client must reimburse those costs or provide written authorization for Elevate to absorb them. 7. Client responsibilities 7.1 Timely provision of materials and approvals The client is responsible for providing all necessary materials, information, copy, images, approvals, decisions and feedback to Elevate in a timely manner as set out in the project timeline. Delays in providing materials or approvals may delay the delivery of services and the event date. The client is responsible for any costs associated with delays caused by the client's failure to provide materials or approvals on time. 7.2 Accuracy and completeness of information The client warrants that all information, data, copy, contact details, event details and other facts provided to Elevate are accurate, complete and current. The client is responsible for the accuracy of all attendee lists, vendor contact information, technical specifications and other details supplied. Errors or omissions in the client's information are the client's responsibility, and Elevate is not liable for any losses, delays or poor outcomes resulting from inaccurate information provided by the client. 7.3 Rights to supplied materials The client warrants and represents that it owns or has the legal right to license and use all materials, images, music, video, copy, trademarks, logos and other content that it provides to Elevate. The client warrants that use of these materials in the manner contemplated by the engagement does not infringe the intellectual-property rights, privacy rights or other legal rights of any third party. The client agrees to indemnify Elevate against any claims, damages, losses or costs arising from the client's breach of this warranty. 7.4 Third-party permissions If the client's event involves third-party content, performers, speakers, locations or participants, the client is responsible for obtaining all necessary permissions, licenses, consents, releases and insurance. The client must provide evidence of all such permissions to Elevate upon request. 7.5 Legal compliance The client is responsible for ensuring that the event, its messaging, its activities and all materials comply with all applicable laws, regulations, industry standards and the policies of any third-party venues, platforms or services used. Elevate is not responsible for ensuring legal compliance and is not liable for any legal violations or claims arising from the client's activities, content or event. 8. Intellectual property 8.1 Website content All content on this website, including text, images, graphics, logos, designs, layout and underlying code, is the exclusive intellectual property of Elevate Events & Marketing LLC or its licensors. You may not reproduce, distribute, modify, adapt, translate, reverse-engineer or create derivative works based on this website or its content without Elevate's express written permission. All rights not explicitly granted are reserved. 8.2 Work-product and deliverables The ownership and licensing of work-product created by Elevate for a client engagement, including but not limited to event photography, videography, social media content, graphics, copy, strategies and raw footage, is determined exclusively by the signed statement of work. The statement of work will specify whether deliverables are owned by the client, licensed to the client, retained by Elevate or treated as work-for-hire. In the absence of a specific clause in the statement of work, the following applies: finished deliverables are licensed to the client for use in connection with the event or services for which they were created; raw footage, drafts and preliminary materials remain the exclusive property of Elevate and may not be used without written permission. 8.3 Moral rights To the extent permitted by law, the client grants Elevate a waiver of any moral rights (including attribution and integrity rights) in work-product created for the client. The client agrees not to assert moral rights against Elevate. 8.4 License grants If the statement of work grants the client ownership of or a license to deliverables, such grant is limited to a non-exclusive, royalty-free, perpetual license for the client's internal use and promotion of the event or client's business. The client may not sublicense, resell, distribute or create derivative works based on the deliverables without Elevate's written consent. Any third-party content licensed by Elevate and included in deliverables is subject to the licensor's terms. 8.5 Attribution If required by the statement of work or Elevate's contract, the client agrees to provide reasonable attribution to Elevate in connection with the event and deliverables. 9. Third-party platforms 9.1 Advertising platforms not operated by Elevate Elevate's content and paid-social retainer services include management of advertising campaigns on third-party platforms operated by Meta Platforms, Inc. (Facebook, Instagram and related services) and other social-media and advertising platforms. Elevate does not own or operate these platforms. They are governed by the terms of service and privacy policies of their respective operators. 9.2 No guarantee of performance or results Elevate does not guarantee any specific results, reach, impressions, clicks, conversions, attendance, sales, engagement rates, subscriber growth or other measurable outcomes on third-party advertising or social-media platforms. Advertising and social-media performance depend on many factors outside Elevate's control, including platform algorithms, user behavior, market conditions, competitive activity and changes to platform policies and features. The client acknowledges that results may vary significantly from projections or past performance. 9.3 Platform policy compliance The client is responsible for ensuring that all content, offers, claims and advertising comply with the policies of the advertising platform on which it appears. Elevate will use reasonable efforts to ensure compliance, but is not liable if content is disapproved, rejected, suspended or removed by a platform operator due to policy violations. The client is responsible for any losses or costs associated with content rejection or account suspension. 9.4 Platform changes Third-party platforms frequently change their features, algorithms, policies, pricing and availability. Elevate is not responsible for losses or service interruptions caused by platform changes beyond Elevate's control. If a platform change materially affects the client's engagement, the parties will discuss reasonable adjustments to strategy or scope. 10. Disclaimers 10.1 Website provided "as is" This website and all content, information, services and materials on it are provided "as is" and "as available" without warranty of any kind, express or implied. Elevate disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness and timeliness. 10.2 No guarantee of continuous access Elevate does not guarantee that this website will be available at all times or without interruption. The website may be taken offline for maintenance, updates, repairs or other reasons without notice. Elevate is not liable for any downtime, access interruptions or data loss. 10.3 No medical, legal or financial advice This website does not constitute medical, legal, financial, investment or professional advice. Any information or content on this website is provided for informational purposes only. You should not rely on this website as a substitute for professional advice. Consult appropriate professionals for advice specific to your circumstances. 10.4 No commercial guarantees Elevate makes no representations or warranties regarding: - The likelihood or certainty of achieving any commercial result, including revenue, attendance, engagement, subscriptions or sales. - The quality, legality, safety or appropriateness of any vendor, venue, supplier or third-party service. - The accuracy of event attendance projections, reach estimates or advertising performance forecasts. - Freedom from errors, viruses, malware or other harmful code on this website. - Any specific outcome, return on investment or benefit from using Elevate's services. 11. Limitation of liability 11.1 Monetary cap on liability Neither Elevate nor its members, managers, employees, agents or contractors shall be liable to the client for any claim, damage, loss or cost (including consequential, indirect, punitive or special damages) arising from or related to this website, these terms, any engagement, services provided or work-product created, except to the extent that Elevate's total liability shall not exceed the total fees paid by the client to Elevate in the twelve (12) calendar months immediately preceding the event, claim or action giving rise to liability. If the client has paid no fees in that period, Elevate's liability is capped at one hundred dollars ($100.00). 11.2 Exclusion of indirect and consequential damages Under no circumstances shall Elevate be liable for indirect, incidental, consequential, punitive, exemplary or special damages, including but not limited to lost profits, lost revenue, lost business opportunity, loss of goodwill, lost data, reputational harm, business interruption or cost of substitute services, even if Elevate has been advised of the possibility of such damages. 11.3 Exceptions to liability cap Notwithstanding the above, nothing in these terms limits or excludes Elevate's liability for: - Death or personal injury caused by Elevate's negligence. - Fraud, willful misconduct or criminal conduct by Elevate. - Breach of confidentiality or intellectual-property infringement by Elevate. - Any liability that cannot lawfully be excluded or limited under applicable law. The liability cap applies only to the extent permitted by the laws of the State of New Mexico. 11.4 Essential nature of limitations The parties agree that these limitations of liability are essential terms of this agreement and that Elevate would not provide services or access to this website without them. 12. Indemnity 12.1 Client indemnity The client agrees to indemnify, defend and hold harmless Elevate Events & Marketing LLC, its members, managers, employees, agents, contractors and representatives from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorney fees) arising from or related to: - The client's use of this website or engagement of Elevate's services. - The client's breach of these terms or the statement of work. - The client's violation of any law, regulation or third-party intellectual-property, privacy or other legal right. - The client's content, materials, information, instructions, decisions or actions. - The client's event, activities, messaging or communications. - Any claim by a third party (including attendees, vendors, participants or other stakeholders) arising from the event, the client's conduct or the client's materials. - The client's negligence or willful misconduct. 12.2 Procedure The indemnified party must notify the client promptly in writing of any claim subject to indemnification. The client shall assume full defense and control of the claim (provided the indemnified party retains the right to participate in the defense) and shall settle the claim only with the indemnified party's prior written consent. The indemnified party shall provide reasonable cooperation to the client in the defense of the claim. 13. Force majeure 13.1 Force majeure events Neither party is liable for failure or delay in performing its obligations under the engagement if such failure or delay is caused by a force majeure event, that is, an event or circumstance beyond the reasonable control of that party and that could not have been prevented or avoided by reasonable diligence. Force majeure events include, but are not limited to: - Acts of God, including earthquakes, floods, hurricanes, tornadoes, severe weather and wildfire. - War, terrorism, armed conflict, civil unrest, riot, uprising or hostilities. - Government action, including requisition, embargo, export or import restrictions, and changes in law or regulation. - Pandemic, epidemic, epidemic disease, public health emergency or quarantine. - Labor strikes, labor stoppage, work stoppage or industrial action (not involving the non-performing party alone). - Utility failures, including power outages, internet outages and telecommunications failures. - Supplier or vendor failure or inability to perform. - Venue closure, cancellation or unavailability. 13.2 Notice and mitigation The party claiming force majeure must notify the other party in writing as soon as practicable of the force majeure event and its impact on performance. The non-performing party must use reasonable efforts to mitigate the impact, resume performance and fulfill its obligations as soon as practicable. 13.3 Treatment of event engagements If a force majeure event makes an event impossible, illegal or materially impractical to perform before the event date, the client and Elevate shall cooperate in good faith to postpone the event to a mutually agreeable date or to cancel the engagement. If postponement is not feasible, fees paid shall be treated as follows: - Deposits and fees paid for services already rendered remain non-refundable. - Fees not yet earned shall be credited toward a postponed event date or refunded, less all non-recoverable third-party costs and committed vendor expenses. - The client remains liable for all third-party costs committed on behalf of the client prior to the force majeure event. 13.4 No relief for retainer engagements Force majeure does not automatically terminate retainer engagements for content and paid-media services. If a force majeure event prevents Elevate from performing retainer services for more than fifteen (15) consecutive days, the parties shall discuss in good faith whether to suspend the retainer or proceed with alternative services. The client remains liable for fees during any suspension period unless the parties agree in writing otherwise. 14. Governing law and venue These terms are governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflicts-of-law principles. Any legal action, lawsuit, claim or proceeding arising from or related to this website, these terms or any engagement must be filed exclusively in the state or federal courts located in Bernalillo County, New Mexico. Both parties irrevocably consent to the jurisdiction and venue of these courts and waive any objection to jurisdiction or venue on the grounds of inconvenience or otherwise. The prevailing party in any legal action shall be entitled to recover reasonable attorney fees and costs. 15. Changes to these terms Elevate may modify these terms of service at any time by posting the revised terms on this website and updating the effective date. Your continued use of the website or engagement of services after such changes constitutes your acceptance of the modified terms. Material changes will be noted prominently. If you do not agree to any modification, you must cease using the website and notify Elevate in writing. Terms that governed a particular engagement as of the date the statement of work was executed will remain in effect for that engagement, unless the parties agree in writing to apply updated terms. 16. Contact If you have questions about these terms, this website or any engagement, you may contact Elevate at: Elevate Events & Marketing LLC 1209 Mountain Road PL NE Ste R Albuquerque, New Mexico 87110 United States Email: info@elevatemktevents.com Website: https://elevatemktevents.com 17. Effective date These terms of service are effective as of 5 September 2026 and apply to all visitors and users of this website and all engagements entered into on or after that date.