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Design League Terms of Use

Effective Date: April 6, 2025

Welcome to Design League! These Terms of Service ("Terms") govern your use of our platform, including our website (www.designleague.co), services, and any interactions with vendors and clients (collectively, "Users") through the platform (collectively, the "Platform").

Subject to the conditions set forth herein, Design League Co. may, in its sole discretion, amend this Agreement and the other Terms of Use at any time by posting a revised version on the Platform. Any revisions to the Terms of Use will take effect on the noted effective date (each, as applicable, the "Effective Date").

By accessing or using Design League, you agree to be bound by these Terms. If you do not agree, you may not use the Platform.

The documents referred to within these Terms include but are not limited to our:

  • Payments Terms of Service, which govern any payment services provided to Users.
  • Privacy Policy, which describes our collection and use of personal data.
  • Service Fees Policy, which describes how Design League service fees are charged to Users.
  • Refund Policy, which explains how Design League handles refunds when a vendor cancels a service.
  • Nondiscrimination Policy, which outlines our commitment to inclusion and respect, ensuring that all users-both Clients and Vendors-interact fairly and without bias. This policy provides guidance on maintaining professionalism while making business decisions that are based on service needs rather than personal characteristics.
  • Contract for Concierge Services, which applies to clients upgrading from free accounts to any of our concierge packages, and especially to clients using a Design League day of coordinator.

ACCOUNTS

1.1 Account Registration and Acceptance

To access certain features on Design League, you'll need to create an account. We want to keep our platform running smoothly for everyone, so we reserve the right to decline account registrations or adjust account types for Clients or Vendors when necessary. This could be due to factors like platform demand, data management costs, or other business considerations.

If you're signing up on behalf of a company as an employee or agent, you're confirming that you have the authority to enter into binding agreements-including our Terms of Use-both for yourself and for the company you represent.

1.2 Account Eligibility

You must be a legal entity or an individual who is at least 18 years old (or the legal age of majority in your location) and able to enter into binding contracts. By using Design League, you confirm that you meet these requirements.

1.3 Account Types

Design League offers two types of accounts, and once you register for one, you can't add the other under the same login. For example, if you sign up as a Client, you won't be able to create a separate Vendor account under the same email address. If you need access to both, reach out to us and we can help.

To keep our platform fair and trustworthy, we reserve the right to suspend or remove an account if we find that false or misleading information was used during registration, marketing, or account management.

1.3.1 CLIENT ACCOUNT

You can register for an Account or add an Account type to use the Platform as a Client (a "Client Account"). Any user using the Platform for the purpose of searching for or using Vendor Services is a "Client" for purposes of the Terms of Use.

1.3.2. VENDOR ACCOUNT

You can apply to register for an Account or add an Account type to use the Platform as a Vendor (a "Vendor Account"). Any user using the Platform for the purpose of providing Vendor Services is a "Vendor" for purposes of the Terms of Use

1.3.2.1. Vendor Account Profiles

To create an account on Design League, Vendors must complete a profile, which will be visible to other users and the public. By signing up, you agree to provide accurate, up-to-date information on your profile and in any forms you fill out on our platform.

We ask that you represent yourself and your business truthfully-this includes your identity, location, skills, and the services you offer. If anything changes, please update your information to keep it accurate. Providing false or misleading details isn't allowed, and we may take action if we find that information has been misrepresented.

1.4 Account Permissions

You agree not to have someone else create an account for you, unless an authorized employee or agent is doing so on behalf of your business. If you allow another user access to your account, you confirm that:

(a) They have permission to act on your behalf,(b) You are financially responsible for their actions, including entering into binding agreements, and(c) You take full responsibility for anything they do under your account, including making payments and arranging services.

If someone you've authorized violates our Terms of Use, it could impact your ability to use Design League. In some cases, if an account is closed, we may also need to close any linked accounts.

1.5 Identity and Location Verification

When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Design League. You authorize Design League, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents.

1.6 Usernames and Passwords

When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize Design League to assume that any person using the Platform with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Platform if (a) you are not authorized to use either or (b) the use would violate the Terms of Use.

PURPOSE OF DESIGN LEAGUE

Design League is an online platform and marketplace for event planning and design. We bring together event planning clients, event professionals (vendors), rental companies, sellers of goods, and design enthusiasts. Through Design League, people can plan and design events by finding event inspiration, getting matched with and booking event vendors, and renting and purchasing items they need for their event.

Subject to the Terms of Use, Design League provides the Platform Services to Users, including hosting and maintaining the Platform, and facilitating the connection between Client and Vendor (the "service arrangement") ("job").

2.1 Relationship with Design League

Design League introduces Vendors to Clients and finds Vendors for Clients as one of its services. Through the Platform, Vendors may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Vendors that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Job, Client or Vendor on their own. If Users decide to enter into a Service Arrangement, the Service Arrangement is directly between the Users (Clients and Vendors) and Design League is not a party to that Service Arrangement.

You acknowledge, agree, and understand that Design League is not a party to the relationship or any dealings between Client and Vendor. Without limitation, Users are solely responsible for (a) ensuring the accuracy and legality of any User Content, (b) determining the suitability of other Users for a Service Arrangement (such as any interviews, vetting, background checks, or similar actions), (c) negotiating, agreeing to, and executing any terms or conditions of Service Arrangements, (d) performing Vendor Services, or (e) paying for Service Arrangements or Vendor Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Arrangement with another User and for verifying any information about another User. Design League does not make any representations about or guarantee the truth or accuracy of any Vendor's or Client's listings or other User Content on the Platform; does not verify any feedback or information provided by Users about Vendors or Clients; and does not vet or otherwise perform background checks on Vendors or Clients. You acknowledge, agree, and understand that Design League does not, in any way, supervise, direct, control, or evaluate Vendors or their work and is not responsible for any Job, Job terms or Work Product. Design League makes no representations about and does not guarantee, and you agree not to hold Design League responsible for, the quality, safety, or legality of Vendor Services; the qualifications, background, or identities of Users; the ability of Vendors to deliver Vendor Services; the ability of Clients to pay for Vendor Services; User Content, statements or posts made by Users; or the ability or willingness of a Client or Vendor to actually complete a transaction.

You also acknowledge, agree, and understand that Vendors are solely responsible for determining, and have the sole right to determine, which Jobs to bid on and accept; the time, place, manner, and means of providing any Vendor Services; the type of services they provide. You further acknowledge, agree, and understand that: (i) you are not an employee of Design League, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) Design League will not have any liability or obligations under or related to Service Arrangements and/or Vendor Services for any acts or omissions by you or other Users; (iii) Design League does not, in any way, supervise, direct, or control any Vendor or Vendor Services; does not impose quality standards or a deadline for completion of any Vendor Services; and does not dictate the performance, methods or process Vendor uses to perform services; (iv) Vendor is free to determine when and if to perform Vendor Services and Design League does not set or have any control over Vendor's pricing, work hours, work schedules, or work location, nor is Design League involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Vendor for a Job; (v) Vendor will be paid pursuant to the payment schedule attached to their contract, and Design League does not, in any way, provide or guarantee Vendor a regular salary or any minimum, regular payment; (vi) Design League does not provide Vendors with training or any equipment, labor, tools, or materials related to any Service Arrangement; and (vii) Design League does not provide the premises at which Vendors will perform the work. Vendors are free to use subcontractors or employees to perform Vendor Services and may delegate work on fixed-price contracts or by agreeing with their Clients to have hourly contracts for Vendor's subcontractor(s) or employee(s). If a Vendor uses subcontractors or employees, Vendor further agrees and acknowledges that this paragraph applies to Design League's relationship, if any, with Vendor's subcontractors and employees as well and Vendor is solely responsible for Vendor's subcontractors and employees.

Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose. Users are free at all times to engage in such other business activities and services and are encouraged to do so.

2.2 Taxes and Benefits

Vendor acknowledges and agrees that Vendor is solely responsible (a) for all tax liability associated with payments received from Vendor's Clients and through Design League, and that Design League will not withhold any taxes from payments to Vendor; (b) to obtain any liability, health, workers' compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Vendor is not covered by or eligible for any insurance from Design League; (c) for determining whether Vendor is required by applicable law to issue any particular invoices for the Vendor Fees and for issuing any invoices so required; (d) for determining whether Vendor is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Vendor Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of the United States, for determining if Design League is required by applicable law to withhold any amount of the Vendor Fees and for notifying Design League of any such requirement and indemnifying Design League for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Design League, Vendor agrees to promptly cooperate with Design League and provide copies of Vendor's tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Vendor is engaging in an independent business as represented to Design League.

2.3 Marketplace Feedback and User Content

You hereby acknowledge and agree that Client Users publish and request Design League to publish on their behalf information on the Platform about the Client User, such as feedback, composite feedback, geographical location, answers to questionnaires, or verification of identity or credentials. However, such information is based solely on unverified data that Vendors or Client Users voluntarily submit to Design League and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Design League; Design League provides such information solely for the convenience of all Users.

You acknowledge and agree that User feedback benefits the marketplace, all Users, and the efficiency of the Platform and you specifically request that Design League post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Platform. You acknowledge and agree that feedback results for you ("Composite Information"), if any, will include User comments, User ratings, indicators of User satisfaction, and other feedback left exclusively by other Users. You further acknowledge and agree that Design League will make Composite Information available to other Users, including composite or compiled feedback. Design League provides its feedback system as a means through which Users can share their opinions of other Users publicly, and Design League does not monitor, influence, contribute to or censor these opinions. You acknowledge and agree that posted composite or compiled feedback and any other Composite Information relates only to the business listed in the Vendor Profile and not to any individual person. You agree not to use the Composite Information to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.

Design League does not generally investigate any remarks posted by Users or other User Content for accuracy or reliability and does not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content if such User Content is legally actionable or defamatory.

Design League is not legally responsible for any feedback or comments posted or made available on the Platform by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Design League reserves the right (but is under no obligation) to remove posted feedback or information that, in Design League's sole judgment, violates the Terms of Use or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of Design League. You acknowledge and agree that you will notify Design League of any error or inaccurate statement in your feedback results, including the Composite Information, and that if you do not do so, Design League may rely on the accuracy of such information.

CONTRACTUAL RELATIONSHIP BETWEEN CLIENTS AND VENDORS

3.1 Service arrangements

3.1.1. Vendor and client matching

One of the services Design League provides is matching Clients with Vendors. Design League uses its proprietary software to match the Client with vendors that are a good fit. Vendors then receive a request for proposal ("RFP") including the date, time and location of the Job and description of the Job tasks, and approximate budget. Vendors then have 48 hours to decide whether to send a proposal to the Client, which Design League will then share with the Client. Upon receipt of proposals, a Client may contact several Vendors to negotiate or clarify aspects of the Job (such as responsibilities or duties).

The Client will then select a proposal and award the Job to a Vendor. Upon the acceptance of a proposal, Client shall make the initial payment due to Design League, which will disburse the money in accordance with the terms hereof. Subsequent payments can be set up in the payment portion of the Vendor Dashboard.

3.1.2. The Service Arrangement

Once a Client has accepted a Vendor's proposal, the Client and Vendor have entered into a Service Arrangement and the Service Arrangement is a contractual relationship directly between the Client and Vendor. Client and Vendor have complete discretion both with regard to whether to enter into a Service Arrangement with each other and with regard to the terms of any Service Arrangement. A Service Arrangement is a real contract and both Client and Vendor should honor it, subject to the cancellation terms below.

You acknowledge, agree, and understand that Design League is not a party to any Service Arrangement, that the formation of a Service Arrangement between Users will not, under any circumstance, create an employment or other service relationship between Design League and any Vendor or a partnership or joint venture between Design League and any User. With respect to any Service Arrangement, Clients and Vendors may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, assignment of rights, liability waivers, insurance agreements, etc.) provided that any such agreements do not conflict with, narrow, or expand Design League's rights and obligations under the Terms of Use, including this Agreement.

3.1.3. Change Orders

If any changes need to be made to a Job after a Service Arrangement has been finalized, the Client and Vendor should discuss and agree on the updates together. This includes any adjustments to the scope, timeline, or price. Once both parties agree, the Vendor will make the necessary updates, and the Client will approve them-along with any required additional payment or deposit.

3.1.4 Cancellation

All cancellations are determined by the terms of the contract between the Vendor and the Client, and are set forth by individual vendors in their contracts.

3.1.5. Additional Terms for Concierge Services
In certain cases, Clients may choose to book Concierge or On-Site Event Planning Services provided by Design League. These services are governed by a separate written agreement, which outlines the scope of services, staffing, payment structure, cancellation terms, and liability, and can be found here: Contract for Concierge Services.


By booking Concierge Services, the Client agrees to be bound by both the Concierge Service Agreement and these Terms of Service. In the event of any conflict between the two, the Concierge Service Agreement will govern with respect to those specific services.

3.2 Disputes among users

For disputes arising between Clients and Vendors, Design League will provide assistance and attempt to assist resolve the dispute. Ultimately, you agree to handle that between Users independently and acknowledge and agree that Design League will not and is not obligated to provide any dispute resolution. Please see our refund policy for further details.

If Vendor or Client intends to obtain an order from any arbitrator or any court that might direct Design League or our Affiliates to take or refrain from taking any action with respect to any deposited funds, that party will (a) give us at least five business days' prior notice of the hearing; (b) include in any such order a provision that, as a precondition to obligation affecting Design League, we be paid in full for any amounts to which we would otherwise be entitled; and (c) be paid for the reasonable value of the services to be rendered pursuant to such order.

4. Worker classification

Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Design League and a User.

Client is solely responsible for and has complete discretion with regard to selection of any Vendor for any Job. Client is solely responsible, warrants its decisions regarding classification are correct, and assumes all liability, for determining whether Vendors should be engaged as independent contractors or employees of Client and engaging them accordingly; Design League will have no input into, or involvement in, worker classification as between Client and Vendor and Users agree that Design League has no involvement in and will have no liability arising from or relating to the classification of a Vendor generally or with regard to a particular Job.

5. Design League Fees

5.1 Service Fees Policy

All users agree to abide by the terms of the Service Fees Policy, the Payment Terms of Service, and the refund policy.

5.2 Non-Payment

If Client is in "default", meaning the Client fails to pay the Vendor Fees or any other amounts when due, Design League will be entitled to the remedies described in this Section 5.2 in addition to such other remedies that may be available under applicable law or in such written agreement. For the avoidance of doubt, Client will be deemed to be in default on the earliest occurrence of any of the following: (a) Client fails to pay the Vendor Fees when due, (b) Client fails to pay a balance that is due or to bring, within a reasonable period of time but no more than 30 days, an account current after a credit or debit card is declined or expires, (c) Client fails to pay an invoice issued to the Client by Design League within the time period agreed or, if none, within 30 days, (d) Client initiates a chargeback with a bank or other financial institution resulting in a charge made by Design League for Vendor Fees or such other amount due being reversed to the Client, or (e) Client takes other actions or fails to take any action that results in a negative or past-due balance on the Client's account.

If Client is in default, we may, without notice, temporarily or permanently close Client's Account and revoke Client's access to the Platform, including Client's authority to use the Platform to process any additional payments, enter into Service Arrangements, or obtain any additional Vendor Services from other Users through the Platform. However, Client will remain responsible for any amounts that accrue on any open Jobs at the time a limitation is put on the Client's Account as a result of the default.

5.3 Refund Policy

Please refer to the Refund Policy.

6.0 Warranty Disclaimer

Section 6 discusses your agreement and understanding that the Platform may not always be available or work perfectly, as detailed below.

YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. DESIGN LEAGUE MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DESIGN LEAGUE DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 14 (TERM AND TERMINATION) STATES USER'S SOLE AND EXCLUSIVE REMEDY AGAINST DESIGN LEAGUE WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.

7.0 Limitation of Liability

8. LIMITATION OF LIABILITY

Section 8 discusses your agreement that Design League usually will not have to pay you damages relating to your use of the Platform and, if it is, at most it will be required to pay you $1,000, as detailed below.

Design League is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Use, including, but not limited to:

  • your use of or your inability to use our Platform;
  • delays or disruptions in our Platform;
  • viruses or other malicious software obtained by accessing, or linking to, our Platform;
  • glitches, bugs, errors, or inaccuracies of any kind in our Platform;
  • damage to your hardware device from the use of the Platform;
  • the content, actions, or inactions of third parties' use of the Platform;
  • a suspension or other action taken with respect to your Account;
  • your reliance on the quality, accuracy, or reliability of postings, Vendorfiles, ratings, recommendations, and feedback (including their content, order, and display), Composite Information, or metrics found on, used on, or made available through the Platform; and
  • your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Use.

ADDITIONALLY, IN NO EVENT WILL DESIGN LEAGUE, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF DESIGN LEAGUE, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) $1,000; OR (B) ANY FEES RETAINED BY DESIGN LEAGUE WITH RESPECT TO SERVICE ARRANGEMENTS ON WHICH USER WAS INVOLVED AS CLIENT OR PRO DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

9. Release

Section 11 discusses your agreement not to hold us responsible for any dispute you may have with another User, as detailed below.

In addition to the recognition that Design League is not a party to any contract between Users, you hereby release Design League, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the time you enter into this agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Vendor Services provided to Client by a Vendor and requests for refunds based upon disputes.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

This release will not apply to a claim that Design League failed to meet our obligations under the Terms of Use.

10. Indemnification

Section 10 discusses your agreement to pay for any costs or losses we have as a result of a claim brought against us related to your use of the Platform or your illegal or harmful conduct, as detailed below.

You will indemnify, defend, and hold harmless Design League, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an "Indemnified Party") for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Platform by you or your agents, including any payment obligations or default (described in Section 6.3 (Non-Payment)) incurred through use of the Platform Services; (b) any Service Arrangement entered into by you or your agents, including, but not limited to, the classification of a Vendor as an independent contractor; the classification of Design League as an employer or joint employer of Vendor; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with the Terms of Use by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents. For purposes of this Section 12, your agents includes any person who has apparent authority to access or use your account demonstrated by using your username and password. "Indemnified Claim" means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys' fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party. "Indemnified Liability" means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys' fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.

11. Disputes between you and Design League

Section 11 discusses your agreement with Design League and our agreement with you about how we will resolve any disputes, including that we will both first try to resolve any dispute informally and, if you are in the United States, that we both agree to use arbitration instead of going to court or using a jury if we can't resolve the dispute informally, as detailed below.

11.1 DISPUTE PROCESS, ARBITRATION, AND SCOPE

If a dispute arises between you and Design League or our Affiliates, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, unless you opt out as provided in Section 11.4.4 below, you, Design League, and our Affiliates agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, the other Terms of Use, your relationship with Design League (including without limitation any claimed employment with Design League or one of our Affiliates or successors), the termination of your relationship with Design League, or the Platform (each, a "Claim") in accordance with this Section 11 (sometimes referred to as the "Arbitration Provision").

Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes, or controversies arising out of or relating to this Agreement, the Terms of Use, any Service Arrangement, any payments or monies you claim are due to you from Design League or our Affiliates or successors, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, termination, discrimination, retaliation or harassment and claims arising under the Defend Trade Secrets Act of 2016, Civil Rights Act of 1964, Rehabilitation Act, Civil Rights Acts of 1866 and 1871, Civil Rights Act of 1991, the Pregnancy Discrimination Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Vendortection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to your relationship with Design League or the termination of that relationship.

Disputes between the parties that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Vendortection Act (Public Law 111-203) or as provided by an Act of Congress or lawful, enforceable Executive Order, are excluded from the coverage of this Agreement.

11.2 CHOICE OF LAW

These Terms of Use, the other Terms of Use, and any Claim will be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG); provided, however, that any Claims made by any Vendor located within the United States will be governed by the law of the state in which such Vendor resides. However, notwithstanding the foregoing sentence, this Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).

11.3 INFORMAL DISPUTE RESOLUTION

Before serving a demand for arbitration of a Claim, you and Design League agree to first notify each other of the Claim. You agree to notify Design League of the Claim by email to support@designleague.co and Design League agrees to provide to you a notice at your email address on file (in each case, a "Notice"). You and Design League then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or Design League, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and Design League will have 60 days from the date of the receipt of the Notice to informally resolve the other party's Claim, which, if successful, will avoid the need for further action.

11.4 BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER (DOES NOT APPLY TO USERS LOCATED OUTSIDE THE UNITED STATES AND ITS TERRITORIES)

This Arbitration Provision applies to all Users except Users located outside of the United States and its territories.

In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you, Design League, and our Affiliates agree to resolve the Claim by final and binding arbitration before an arbitrator from JAMS, instead of a court or jury. JAMS may be contacted at www.jamsadr.com.

11.4.1 SCOPE OF ARBITRATION AGREEMENT AND CONDUCT OF ARBITRATION

This Arbitration Provision applies to any Claim (defined above) the parties may have and survives after your relationship with Design League ends. Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes or controversies arising out of or relating to this Agreement or the Terms of Use. This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.

Except as otherwise provided herein, arbitration will be conducted in Los Angeles County, California in accordance with the JAMS Comprehensive Arbitration Rules and Vendorcedures' Optional Expedited Arbitration Vendorcedures then in effect. Arbitration of disputes brought by a User that allege a violation of a consumer protection statute also will be subject to the JAMS Consumer Arbitration Minimum Standards, and such arbitrations will be conducted in the same state and within 25 miles of where the User is located. Claims by Vendors that allege employment or worker classification disputes or will be conducted in the state and within 25 miles of where Vendor is located in accordance with the JAMS Employment Arbitration Rules and Vendorcedures then in effect. The applicable JAMS arbitration rules may be found at or by searching online for "JAMS Comprehensive Arbitration Rules and Vendorcedures," "JAMS Employment Arbitration Rules," or "JAMS Consumer Arbitration Minimum Standards." Any dispute regarding the applicability of a particular set of JAMS rules shall be resolved exclusively by the arbitrator. Any party will have the right to appear at the arbitration by telephone and/or video rather than in person.

You and Design League will follow the applicable JAMS rules with respect to arbitration fees. In any arbitration under the JAMS Employment Arbitration Rules and Vendorcedures, the Vendor will pay JAMS arbitration fees only to the extent those fees are no greater than the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted, with Design League to make up the difference, if any. In any arbitration under the JAMS Comprehensive Arbitration Rules and Vendorcedures' Optional Expedited Arbitration Vendorcedures then in effect in which a User makes a claim under a consumer protection statute, the User will pay JAMS arbitration fees only to the extent those fees are no greater than the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted, or $250.00, whichever is less, with Design League to make up the difference, if any. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator's decision in any court having jurisdiction.

This Arbitration Provision does not apply to litigation between Design League and you that is or was already pending in a state or federal court or arbitration before the expiration of the opt-out period set forth in Section 11.4.4, below. Notwithstanding any other provision of this Agreement, no amendment to this Arbitration Provision will apply to any matter pending in an arbitration proceeding brought under this Section 11 unless all parties to that arbitration consent in writing to that amendment.

This Arbitration Provision also does not apply to claims for workers compensation, state disability insurance or unemployment insurance benefits.

Nothing in this Arbitration Provision prevents you from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. This Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Provision. Nothing in this Arbitration Provision prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. Design League will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.

11.4.2 INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION

This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. Except as otherwise provided in this Arbitration Provision, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Arbitration Provision, this Agreement, or any other part of the Terms of Use is void or voidable.

In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver in subsection 11.4.3, below, of this Arbitration Provision is deemed to be unenforceable, you and Design League agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.

11.4.3 CLASS AND COLLECTIVE WAIVER

Private attorney general representative actions under the California Labor Code are not arbitrable, not within the scope of this Arbitration Provision and may be maintained in a court of law. However, this Arbitration Provision affects your ability to participate in class or collective actions. Both you and Design League agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or as a member in any such class or collective proceeding ("Class Action Waiver"). Notwithstanding any other provision of this Agreement or the JAMS rules, disputes regarding the enforceability, revocability, scope, or validity or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. You and Design League agree that you will not be retaliated against, disciplined or threatened with discipline as a result of your filing or participating in a class or collective action in any forum. However, Design League may lawfully seek enforcement of this Arbitration Provision and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective actions or claims.

11.4.4 RIGHT TO OPT OUT OF THE ARBITRATION PROVISION

You may opt out of the Arbitration Provision contained in this Section 11 by notifying Design League in writing within 30 days of the date you first registered for the Platform. To opt out, you must send a written notification to Design League at support@designleague.co that includes (a) your Account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a statement indicating that you wish to opt out of the Arbitration Provision. Opting out of this Arbitration Provision will not affect any other terms of this Agreement.

If you do not opt out as provided in this Section 11.4.4, continuing your relationship with Design League constitutes mutual acceptance of the terms of this Arbitration Provision by you and Design League. You have the right to consult with counsel of your choice concerning this Agreement and the Arbitration Provision.

11.5 Enforcement of this Arbitration Provision.

This Arbitration Provision replaces all prior agreements regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver in Section 11.4.3, above, is deemed to be unenforceable, you and Design League agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.

12. GENERAL

Section 12 discusses additional terms of the agreement between you and Design League, including that the Terms of Use contain our full agreement, how the agreement will be interpreted and applied, and your agreement not to access the Platform from certain locations, as detailed below.

12.1. Entire Agreement

This Agreement, together with the other Terms of Use, sets forth the entire agreement and understanding between you and Design League relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Use are included for ease of reference only and have no binding effect. Even though Design League drafted the Terms of Use, you represent that you had ample time to review and decide whether to agree to the Terms of Use. If an ambiguity or question of intent or interpretation of the Terms of Use arises, no presumption or burden of proof will arise favoring or disfavoring you or Design League because of the authorship of any provision of the Terms of Use.

12.2. Modifications; Waiver

No modification or amendment to the Terms of Use will be binding upon Design League unless in a written instrument signed by a duly authorized representative of Design League or posted on the Platform by Design League. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

12.3. Assignability

User may not assign the Terms of Use, or any of its rights or obligations hereunder, without Design League's prior written consent in the form of a written instrument signed by a duly authorized representative of Design League. Design League may freely assign this Agreement and the other Terms of Use without User's consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Use are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

12.4. Severability

If and to the extent any provision of this Agreement or the other Terms of Use is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

12.5. Force majeure

Neither Vendor or Client will incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of their Service Arrangement if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes will include, without limitation, acts of God, strikes, lockouts, pandemic, riots, acts of war, criminal acts of third parties, earthquakes, fire and explosions, but the inability to meet financial obligations or a non-universal reason (such as a falling out between bride and groom) is expressly excluded.

12.6. Prevailing language and location

The English language version of the Terms of Use will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Platform is controlled and operated from our facilities in the United States.

12.7. Access of the site outside the United States of America

In order to access or use the Platform, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Platform is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services and your license to use the Site or Site Services will be immediately revoked.

12.8. Consent to use electronic records

In connection with the Site Terms of Use, you may be entitled to receive certain records from Design League or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give us permission to provide these records to you electronically instead of in paper form

13. DEFINITIONS

Certain capitalized terms in these Terms of Service are defined below. Other capitalized terms are defined within the Terms of Service itself, as indicated by bold quotation marks. If a term is not defined here or elsewhere in this document, it has the meaning assigned in the Site Terms of Use.

  • "Client" refers to any individual or entity using the Design League platform to find, request, and book Vendor Services.
  • "Vendor" refers to any individual or business offering services through the Design League platform to be booked by Clients.
  • "Vendor Services" means all services performed or delivered by Vendors to Clients through the Design League platform.
  • "Vendor Payment" means the amount a Client agrees to pay a Vendor for Vendor Services, as determined between the Client and Vendor.
  • "Confidential Information" means any non-public information shared between Users for the purpose of evaluating or securing Vendor Services. This may include, but is not limited to, event details, pricing, business strategies, or other sensitive information. However, Confidential Information does not include material that: (a) is publicly known without breach of any obligation; (b) is lawfully received from a third party without confidentiality restrictions; (c) was already known by the receiving party without a confidentiality obligation; or (d) is independently developed without reliance on Confidential Information.
  • "Service Arrangement" refers to the contractual agreement between a Client and a Vendor that outlines the scope of Vendor Services, payment terms, and other relevant conditions.
  • "Work Product" refers to any tangible or intangible deliverables or results created by a Vendor as part of Vendor Services. This may include event designs, digital assets, physical products, or any other agreed-upon output.
  • "Payment Method" means a valid credit card, debit card, bank account, PayPal account, or any other payment method accepted by Design League for processing transactions.
  • "Job" refers to an engagement for Vendor Services that a Vendor provides to a Client under a Service Arrangement on the Platform.
  • "Including" means "including, without limitation."