Booking & Transaction Agreement

This Booking & Transaction Agreement (the “Agreement”) is entered into between the Customer - {{CUSTOMER_NAMES}} - and the Vendor - {{VENDOR_LEGAL_NAME}}, doing business as {{VENDOR_DBA}} - for services to be provided in connection with the Customer’s event (the “Booking”).

The Agreement is formed when the Customer accepts the Vendor’s quote and authorizes the deposit through the Our Day platform (operated by Our Day, Inc., “Our Day”). The accepted quote, the Schedule of Booking Terms in Section 16, and any Vendor Rider permitted under Section 15 are incorporated into this Agreement.

Our Day operates an online marketplace that introduces Customers to Vendors, facilitates communication, and processes payments. Our Day is not a party to the provision of the Vendor’s services and is not the Vendor’s employer, agent, or partner. The Vendor is an independent business solely responsible for performing the services described in the quote.

Our Day provides the booking, contracting, payment-processing, and record-keeping services described in this Agreement and in the Our Day Terms applicable to each party. Our Day does not provide mediation, arbitration, or dispute-resolution services, and does not act as a neutral decision-maker between the parties.

The Vendor agrees to provide the services and deliverables itemized in the accepted quote (the “Services”) for the event dated {{EVENT_DATE}} at {{EVENT_LOCATION}}. The total price for the Services is {{SUBTOTAL}} before tax (the “Booking Total”).

Any change to the scope, date, location, or price must be made by an updated quote accepted by both parties through the platform. Verbal changes are not binding.

All payments under this Agreement are processed through Stripe, Our Day’s payment processor. The Customer authorizes Our Day and Stripe to charge the payment method on file according to the following schedule:

• Deposit: {{DEPOSIT_AMOUNT}}, due on acceptance of the quote to reserve the date. The deposit is non-refundable except as set out in Section 6.
• Scheduled payments (if any): as listed in the Schedule of Booking Terms.
• Final balance: {{BALANCE_AMOUNT}}, automatically charged {{BALANCE_DAYS}} days before the event date.

Our Day sends reminders before each charge and will retry a failed payment method. The Vendor receives each payment, less Our Day’s commission as set out in the Our Day Vendor Terms, by payout to the Vendor’s Stripe connected account.

Pay-over-time

Where offered, the Customer may elect to pay over time through a third-party provider (e.g., Klarna). In that case the Customer’s installment obligations are owed to that provider; the Vendor and Our Day are paid on the schedule above regardless.

Applicable sales tax is calculated based on the taxability of the Services and the event location, shown as a separate line, and allocated proportionally across each scheduled payment. The current rate applied is {{TAX_RATE}}%, for a tax total of {{TAX_TOTAL}}.

Our Day collects the tax at the time of each payment and passes one hundred percent (100%) of the collected tax through to the Vendor. The Vendor is responsible for remitting the collected tax to the applicable tax authority. Our Day’s commission is calculated on the pre-tax Booking Total only and is never applied to tax.

Customer cancellation

The Customer may cancel through the platform. The Vendor’s own cancellation policy, as stated in the quote or a Rider, governs refunds for the Booking. Where the Vendor has not set a policy, the following standard schedule applies as a fallback: the non-refundable deposit is forfeited; more than 90 days before the event: refund of payments beyond the deposit; 30–90 days: 50% of payments beyond the deposit; fewer than 30 days: no refund of amounts paid.

Vendor cancellation

If the Vendor cancels, the Vendor must promptly refund all amounts paid by the Customer, including the deposit, and Our Day will assist the Customer in sourcing a replacement Vendor where possible.

Commission on cancellation

If a Booking is cancelled, Our Day’s commission attributable to refunded amounts is refunded in full; Our Day earns its fee only on completed transactions. Where the Customer cancels and the Vendor is entitled to retain the deposit or other amounts already paid, Our Day charges no commission on the amount the Vendor retains - the Vendor keeps the full retained amount, less only standard Stripe payment-processing costs, and any commission already collected on it is refunded to the Vendor.

Either party may request to reschedule through the platform. A reschedule is effective only if the Vendor is available and both parties accept the new date by updated quote. Payments already made are applied to the rescheduled Booking. A Vendor Rider may set a reasonable rescheduling fee, disclosed before acceptance.

• Perform the Services with professional skill and care, in line with the accepted quote and the Vendor’s representations.
• Hold all licenses, permits, and insurance required for the Services.
• Communicate through the platform so that all correspondence is logged.
• Provide deliverables within the timelines stated in the quote.
• Not solicit the Customer to transact outside the platform for this Booking (see Vendor Terms).

• Provide accurate event details and timely access, information, and decisions the Vendor reasonably needs.
• Make payments on the agreed schedule and keep a valid payment method on file.
• Ensure venue access, permissions, and a safe working environment for the Vendor.

Unless the quote or a Vendor Rider states otherwise, the Vendor retains ownership and copyright in creative works it produces (for example, photographs and video), and grants the Customer a personal, non-commercial license to use the delivered works. Rights to commercial use, raw files, and model releases, if any, are as specified in the quote or Rider.

The Customer grants the Vendor and Our Day a non-exclusive license to use non-identifying portfolio excerpts of the work for marketing, subject to any privacy restrictions the Customer sets.

The Vendor is solely liable for the performance and safety of its Services and maintains its own liability insurance. To the maximum extent permitted by law, each party’s liability to the other for the Booking is limited to the Booking Total, and neither party is liable for indirect or consequential losses. Nothing limits liability that cannot be limited by law.

Our Day’s role is limited to facilitation and payment processing; Our Day is not liable for the quality, timing, or outcome of the Services.

Neither party is in breach for failure caused by events beyond reasonable control (including natural disaster, government order, or widespread public-health emergency). The parties will work in good faith to reschedule; where rescheduling is impossible, refunds follow Section 6.

The Vendor is responsible for making the Customer whole. If the Vendor fails to perform the Services as contracted, the Vendor must remedy the failure or refund the Customer as set out below. This obligation is the Vendor’s alone. Our Day is not a guarantor of the Services and does not assume the Vendor’s obligations under this Section.

No-show

If the Vendor does not appear and does not perform any material part of the Services on the event date, the Vendor must refund all amounts paid by the Customer, including the deposit, within ten (10) days.

Material failure to perform

If the Vendor performs but omits a material part of the contracted Services, arrives materially late, or delivers services materially below the standard described in the accepted quote, the Vendor must provide a refund or credit proportionate to the shortfall, or re-perform the omitted Services where the Customer agrees.

Late or incomplete deliverables

If the Vendor fails to deliver contracted deliverables within the timelines stated in the quote, the Customer may give written notice through the platform. If the Vendor has not delivered within thirty (30) days of that notice, the Customer may request a refund of the portion of the Booking Total attributable to the undelivered items.

Nothing in this Section limits either party’s other rights or remedies at law. Force majeure events are governed by Section 12 rather than this Section.

Direct resolution first

If a Customer believes the Vendor has not performed as contracted, the Customer must first raise the issue with the Vendor through the platform and allow the Vendor seven (7) days to respond and propose a remedy. Most matters are expected to be resolved directly between the parties at this stage.

Submitting a claim

If direct resolution does not settle the matter, either party may submit a Booking Claim through the platform within fourteen (14) days after the event date, or, for deliverables, within fourteen (14) days after the delivery deadline stated in the quote. Claims submitted after that window may be declined.

How Our Day may respond

Our Day may review the signed Agreement, the itemized quote, and the correspondence logged on the platform. Based on that review, Our Day may, in its sole discretion, take one or more of the following actions:

• hold or delay the release of funds not yet paid out to the Vendor;
• issue a full or partial refund to the Customer from funds held on the Booking;
• recover any refunded amount from the Vendor’s connected account, the Vendor’s future payouts, or the Vendor directly;
• decline to act and leave the matter to the parties.

This is a discretionary account and payment function, not a dispute-resolution service. Our Day does not act as a mediator, arbitrator, adjudicator, or neutral, does not investigate beyond the platform record, does not determine legal liability between the parties, and is under no obligation to act on any claim. Any action Our Day takes is an administrative decision about funds it holds or processes. It is not a finding of fault, does not bind either party, and does not release either party from any obligation or remedy available to it.

Funds hold

The Vendor agrees that Our Day may place a hold on the final payment for a period of up to seventy-two (72) hours after the event date, and may extend that hold while a timely Booking Claim is open. The Vendor authorizes Our Day and Stripe to debit, offset, or withhold amounts from the Vendor’s connected account, balance, or future payouts to give effect to any refund issued under this Section, as further set out in the Our Day Vendor Terms.

Unresolved matters

Any matter not resolved between the parties remains a dispute between the Customer and the Vendor, to be pursued under the governing law in Section 15. Our Day is not a party to that dispute. The Vendor non-performance obligations in Section 13, the claims process in this Section, deposit and refund handling, funds holds, and liability limits are governed by the mandatory Layer 1 platform terms described under General terms, and cannot be altered by a Vendor Rider.

Governing law. This Agreement is governed by the laws of the State of Delaware, without regard to conflicts of law.

Two-layer contract structure. Every Booking is formed from two layers. Layer 1 - Our Day Platform Terms is mandatory and non-negotiable: it is presented for e-signature to both the couple and the Vendor at the time a deposit is placed, and it governs deposit handling, cancellation and refund rules, the Vendor non-performance obligations in Section 13, the Booking Claims process in Section 14, liability limits, non-circumvention, and the validity of electronic signatures under this section. No Rider or Vendor-supplied term may override, narrow, or conflict with Layer 1; any conflicting term is void to the extent of the conflict. Layer 2 - Service terms is optional and vendor-specific: a Vendor may either accept Our Day’s standard default service terms as-is, or attach a Rider covering service-specific details (scope, deliverables, pricing specifics such as travel fees or overtime, image rights, model release). A Rider is valid only to the extent it does not conflict with Layer 1. This structure is also surfaced to the Vendor directly in the product: an in-app popup at the contract setup step, and a persistent disclaimer next to the contract/Rider tools, both state that Layer 1 is mandatory and that a Rider only supplements it, not just in this legal text.

E-signature. The parties agree that electronic acceptance through the platform constitutes a valid signature and binding agreement, consistent with the federal ESIGN Act and applicable state UETA law. To execute the Agreement, the signing party must take an explicit affirmative e-signature act against the specific version of the contract displayed to them: entering their typed full legal name into a dedicated signature field, or an equivalent click-to-sign gesture presented as an actual signature block. As the name is typed, it renders live in a cursive script so the field reads as an actual signature rather than a plain text entry, for example:

A checkbox alone can never execute or bind this Agreement; checkboxes may still be used to acknowledge supplemental disclosures (for example, SMS consent), but never as the mechanism that binds the contract itself. For Vendor signers, execution additionally confirms that the individual signing is authorized to bind the Vendor’s business. Our Day records, for each signature: the signer’s name, timestamp, and IP address, tied to the exact contract version shown at signing. Upon execution, a countersigned copy is automatically delivered to both parties by email and made available in-portal. The signed Agreement is stored as a tamper-evident, locked snapshot that cannot be edited after signature, and each party can access and download it at any time.

Entire agreement. This Agreement, the accepted quote, the Schedule of Booking Terms, and any permitted Rider are the entire agreement for the Booking and supersede prior discussions.

Severability. If any provision is unenforceable, the remainder stays in effect.