Vendors: see our Vendor Policies for the rules that apply to listing, accepting bookings, and getting paid through the Platform.
This User Agreement (“Agreement”) governs access to and use of the DayOf website, applications, and related services (collectively, the “Platform”) by individuals or entities seeking to book wedding-related services (“Couple,” “you,” or “your”).
This Agreement is entered into between you and DayOf Weddings Co., a Delaware corporation (“DayOf,” “Company,” “we,” “us,” or “our”).
By creating an account, requesting or confirming a booking, clicking “I agree,” or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement, the DayOf Terms of Service, and the Vendor Policies, each of which is incorporated by reference.
1. Marketplace role and disclaimer
DayOf operates a neutral online marketplace that facilitates discovery, booking, scheduling, and payment between couples and independent wedding vendors (“Vendors”).
DayOf does not provide wedding planning, coordination, or vendor services and is not a party to any agreement between a Couple and a Vendor. Vendors are independent contractors and are not employees, agents, partners, joint venturers, or representatives of DayOf.
Any agreement for services is entered into solely between the Couple and the Vendor. DayOf does not supervise, direct, control, guarantee, or insure Vendor performance, conduct, safety, quality, legality, or service outcomes and expressly disclaims all liability arising therefrom to the maximum extent permitted by law.
2. Eligibility and authority
You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into binding agreements.
If you are booking services on behalf of another individual or entity, you represent and warrant that you have full authority to bind that party to this Agreement.
3. Booking requests and contract formation
When you submit a booking request through the Platform and a Vendor accepts such request, a binding contract for services is formed directly between you and the Vendor.
The scope of services is governed by the Vendor's listing, the applicable DayOf Standard for the Vendor category, and any additional written terms agreed upon directly between you and the Vendor, provided such terms do not conflict with the Vendor Policies.
DayOf is not a party to the service contract and bears no responsibility for its performance, interpretation, or enforcement.
4. Payments and authorization
All payments must be processed through the Platform using DayOf's third-party payment processors, including Stripe.
By confirming a booking, you authorize DayOf and its payment partners to charge your selected payment method according to the payment plan attached to the package you booked. Each Vendor sets the payment plan for each of their packages, which may include one or more installments due at booking, a set number of days after booking, or a set number of days before the event.
The full schedule for your booking, including each installment's amount and due date, is shown to you before you confirm and again on your bookings page after the booking is created. The first installment is collected at the time of booking confirmation. Each later installment is collected on its scheduled due date through the Platform; you may also pay early from your bookings page at any time.
Where a Vendor has not configured a custom plan, the Platform default applies: fifty percent (50%) at booking confirmation, and fifty percent (50%) two (2) days before the scheduled event. Bookings made before this update may follow that default.
You acknowledge that payment authorization is a condition of booking and that failure of payment may result in cancellation or Vendor withdrawal in accordance with the Vendor Policies.
DayOf does not store full payment card information and is not responsible for errors, delays, chargebacks, or enforcement actions taken by payment processors to the extent permitted by law.
5. Cancellation policy
All cancellations are governed by the following policy:
If you cancel more than six (6) months prior to the scheduled event date, no further scheduled installments will be charged.
If you cancel between six (6) months and ninety (90) days prior to the scheduled event date, you remain responsible for twenty-five percent (25%) of the remaining unpaid balance under your payment plan.
If you cancel within ninety (90) days of the scheduled event date, you remain responsible for one hundred percent (100%) of the remaining unpaid balance, which will be charged automatically.
The first installment of your payment plan (the at-booking payment) is non-refundable in all circumstances. You acknowledge that these terms reflect the Vendor's reserved time and opportunity cost.
6. Rescheduling
Rescheduling requests must be initiated through the Platform and are treated as a cancellation and rebooking.
Vendors are not obligated to honor rescheduling requests, and DayOf does not guarantee Vendor availability for alternative dates.
7. Vendor performance and disputes
Vendors are solely responsible for their performance, conduct, quality of services, compliance with applicable law, and fulfillment of contractual obligations.
DayOf does not mediate, adjudicate, or resolve disputes between Couples and Vendors. Any disputes must be resolved directly between the Couple and the Vendor.
8. Mutual indemnification between Couple and Vendor
You agree to indemnify, defend, and hold harmless the Vendor from claims arising out of your breach of contract, negligence, misrepresentation, or violation of law.
Vendors separately agree, pursuant to the Vendor Policies, to indemnify Couples from claims arising out of their services, negligence, breach of contract, or violation of law.
Nothing in this section creates third-party beneficiary rights against DayOf.
9. Safe workplace and non-discrimination
You agree to provide a safe, professional, and lawful working environment for any Vendor performing services booked through the Platform.
No illegal activity, firearms or weapons, harassment, intimidation, discrimination, defamatory language, or unsafe conditions shall be permitted.
Vendors may decline to perform or discontinue services if they reasonably believe the working environment is unsafe, hostile, or unlawful.
DayOf does not monitor or control event conditions and bears no liability for workplace safety or conduct.
10. Vendor equipment and property protection
You acknowledge that Vendors may bring professional equipment, tools, instruments, vehicles, and personal property (“Vendor Equipment”) to the event location.
You agree to take reasonable steps to provide a secure environment for Vendor Equipment and to prevent theft, damage, loss, or misuse by guests, invitees, venue staff, or third parties.
You are responsible for any loss of or damage to Vendor Equipment caused by you, your guests, invitees, venue staff, or other third parties present at the event, excluding damage caused solely by the Vendor's gross negligence or willful misconduct.
DayOf bears no responsibility or liability for Vendor Equipment under any circumstances.
You agree to indemnify, defend, and hold harmless the applicable Vendor and DayOf Weddings Co. from any claims, losses, damages, or expenses arising out of loss or damage to Vendor Equipment in connection with the event.
11. Non-circumvention and outside booking
For any Vendor first identified, introduced, or contacted through the Platform, you agree not to directly or indirectly bypass, circumvent, or avoid the Platform by booking, contracting with, or compensating such Vendor outside the Platform for the same or substantially similar services.
Violation of this section constitutes a material breach of this Agreement and may result in account suspension or termination, cancellation of bookings, and assessment of liquidated damages equal to the Platform commission that would have been payable for the applicable booking.
You agree that such remedies are reasonable and not a penalty.
12. Category exclusivity
You agree that only one (1) Vendor per category may be booked per event through the Platform.
This includes, without limitation, photographers, videographers, DJs, planners, officiants, and content creators.
Engaging additional vendors of the same category in a manner that interferes with, duplicates, or undermines booked services constitutes a material breach of this Agreement.
13. Intellectual property and copyright
All intellectual property, including photographs, videos, audio recordings, written content, and creative works produced by Vendors, are and shall remain the exclusive property of the applicable Vendor.
No ownership rights are transferred to you or to DayOf. Any license granted to you for use of Vendor-created materials is governed solely by the Vendor's terms and applicable law.
You may not reproduce, distribute, modify, sell, license, or commercially exploit Vendor-created materials beyond the scope of any license expressly granted by the Vendor.
You grant DayOf a limited, non-exclusive, royalty-free license to display Vendor-created materials solely for Platform operation and promotion, subject to Vendor permissions.
14. Indemnification of DayOf
You agree to indemnify, defend, and hold harmless DayOf Weddings Co., its officers, directors, employees, contractors, agents, affiliates, and investors from and against any claims, demands, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
- Your use of or access to the Platform
- Your booking, interaction, or contractual relationship with any Vendor
- Vendor services performed or not performed
- Workplace conditions or Vendor Equipment
- Intellectual property disputes
- Your violation of this Agreement, the Terms of Service, or applicable law
This obligation survives termination.
15. Limitation of liability
To the maximum extent permitted by law, DayOf shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages.
DayOf's total liability arising out of or relating to the Platform shall not exceed the amount paid to DayOf by you in the twelve (12) months preceding the claim.
16. Text messages (SMS)
DayOf may, at your election, send transactional SMS messages relating to your account and bookings, including booking confirmations, payment receipts, inquiry notifications, event reminders, scheduled walkthrough alerts, and review requests.
Text messaging is strictly opt-in. You will not receive any SMS from DayOf unless you have explicitly enabled SMS notifications and provided a valid mobile number in your account settings. Consent to receive text messages is not a condition of using the Platform, booking a Vendor, or purchasing any service.
Message frequency varies based on your account activity. Message and data rates may apply, depending on your mobile carrier and plan. DayOf does not charge a fee for sending SMS messages.
You may opt out at any time by replying STOP to any message from DayOf, or by toggling SMS notifications off in your account settings. Reply HELP for help, or contact help@dayofweddings.com.
DayOf is not responsible for delays, failed delivery, or carrier filtering of SMS messages. Carriers are not liable for delayed or undelivered messages.
17. Arbitration and governing law
Any dispute arising out of or relating to this Agreement or the Platform shall be resolved exclusively through binding arbitration on an individual basis.
This Agreement is governed by the laws of the State of Delaware, without regard to conflict of law principles.
18. Modifications
DayOf may modify this Agreement at any time. Continued use of the Platform constitutes acceptance of the modified Agreement.
19. Severability
If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect.
20. Entire agreement
This Agreement, together with the DayOf Terms of Service and Vendor Policies incorporated by reference, constitutes the entire agreement between you and DayOf regarding use of the Platform and supersedes all prior or contemporaneous agreements.