CANCELLATION OR INABILITY TO PERFORM BY CLIENT

DMC has prepared the Event Services to Client’s specifications including time invested researching, preparing, costing, and confirming all logistics of the Event Services. If Client should cancel all or any part of the Event Services (other than as outlined in FORCE MAJEURE / EXCUSE OF PERFORMANCE) or commit any other breach of this Agreement which breach is not cured within three (3) business days after written notice of such breach (hereinafter “Client Default”), both Parties acknowledge that it would be difficult to ascertain the exact amount of damages that DMC may suffer due to lost revenue, staff time and unrecoverable expenses. As such, in the event of Client Default, the Parties agree to liquidated damages, agree that the formulas specified herein are a reasonable attempt to calculate actual damages suffered by DMC and not a penalty, and Client agrees to pay DMC the amounts indicated below: 

Cancellation Prior to Start of Event Amount of Estimated Costs

61 Days or More 50%, Plus Non-Refundable Payment(s)

31-60 Days 75%

30 Days or Less 100% 

For all Client Defaults, it is understood and agreed by Client that DMC may retain any nonrefundable payments or deposits made by Client as payment. All cancellations must be in writing to DMC. Any payments due to DMC that are not already received must be paid within 30 calendar days of Client Default. If Client’s deposits exceed the amount of monies owed to DMC, DMC will refund Client the excess within 30 calendar days of Client Default.

In addition to any remedies that may be provided under these terms, DMC may terminate this Agreement with immediate effect upon Notice (defined below) to Client, if Client: (a) fails to pay any amount when due under this Agreement; or, (b) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors. Client agrees that the foregoing provisions are reasonable and enforceable, and Client hereby waives any right to argue that the foregoing provisions are unenforceable for any reason.

CANCELLATION, INABILITY TO PERFORM OR BREACH BY DMC
 
DMC will make commercially reasonable efforts to conduct the Event Services as described; however, DMC reserves the right to make adjustment to Event Services without affecting their material nature or overall quality, but only with Client’s prior written consent.

Should situations beyond the control of DMC make changes necessary, DMC will work with Client on any such changes.

However, DMC reserves the right, upon written notice to Client, to make equitable substitutions when necessary. Additionally, DMC shall not be liable for any delays or failure to perform by itself or its vendors due to causes beyond its or any of its vendors’ reasonable control.

In the event DMC breaches its obligations under this Agreement for any reason (other than as defined in Force Majeure, Section9), and fails to cure such breach within three (3) business days after written notice from Client, then DMC shall return Client’s payments in full (for complete nonperformance) or the full amount paid for that (or those) Event Service(s) not provided (for partial nonperformance). In no event shall DMC be liable for incidental or consequential damages or lost profit sustained by Client arising out of any claimed breach of this Agreement. DMC makes no warranties, express or implied.

FORCE MAJEURE / EXCUSE OF PERFORMANCE

Neither Party shall be responsible for circumstances beyond its reasonable control that makes it impossible to hold the program or for DMC to provide the Event Services specified herein. The acts or occurrences that trigger the right of either Party to terminate this Agreement under the terms of this section include, but are not limited to: acts of God, war, government regulation (including advisories, quarantines and curfews), natural disaster, fire, strikes or other labor disputes (except those involving a Parties own employees), curtailment or disruption of transportation, civil disorder, terrorism and responses thereto, an act or occurrence creating a significant risk to the participants’ health or safety (as reasonably determined by both Parties) or affecting a Party’s performance (collectively referred to as a “Force Majeure Occurrence”).

This Agreement may be terminated by either Party without liability (except for any obligations to make payments to the other Party under this Agreement), for any one of such reasons by written notice from one Party to the other as soon as it is reasonably determined and practical after such Force Majeure Occurrence.

Should this Agreement be terminated according to the terms in this section, DMC will return to Client any payments previously paid by Client to DMC, less all of the following documented amounts which DMC shall be entitled to retain: any non-recoverable and other out-of-pocket costs DMC has paid or is obligated to pay to DMC’s vendors, suppliers and subcontractors; and, any costs for which DMC has otherwise incurred a non-cancellable obligation to pay as of the time of the Force Majeure Occurrence; and, DMC administrative planning fees and labor to cover DMC planning time up to the date of termination and thereafter as Event Services are cancelled.

Last modification: June 16, 2025.