Agreement for Event Organization and Participation

This document serves as an offer from misto.cafe (hereafter referred to as the "Company" or "misto.cafe") to individuals, entrepreneurs, and legal entities (via their authorized representatives) who wish to participate in an event (as defined below) (hereafter referred to as the "Visitor") or organize an event at misto.cafe (hereafter referred to as the "Customer"). By agreeing to the terms outlined here, parties enter into an Agreement for organizing and participating in events on the following conditions.

"misto.cafe" refers to:

Misto Cafe LLC (USREOU code 45599248)
Individual entrepreneur Bortnik Victoria Mykolaivna (ID code 3774906308)

The applicable entity will depend on the chosen payment method and the services requested.

misto.cafe’s Mission:

Our goal is to remind Lutsk residents that everyone can positively impact the city’s growth through their initiatives, involvement, active citizenship, or even a simple purchase of coffee or lunch.

The terms outlined in this Agreement are considered accepted by the Visitor and Customer upon the conditions described in section 2.2. of this Agreement.

1. Key Terms

1.1. Customer. The Customer refers to any adult, legally capable individual, entrepreneur, or legal entity (represented by an authorized person) who organizes an event at the misto.cafe Event Platform under the terms outlined in this Agreement.

1.2. Visitor. The Visitor is any adult, legally capable individual who registers for and attends an Event as per the process detailed in this Agreement.

1.3. Event. An Event encompasses various formats such as lectures, trainings, seminars, presentations, panel discussions, roundtables, masterclasses, music performances, film screenings, book clubs, exhibitions, gastronomic evenings, charity events, and more. Events can be organized solely by the Company, jointly with a misto.cafe Partner, or by the Customer.

1.4. Partner Event. This is an Event co-organized by the Company and a misto.cafe Partner, as outlined in Section 4 of this Agreement.

1.5. misto.cafe Partner. A misto.cafe Partner refers to an individual or legal entity (including entrepreneurs) who collaborates with the Company on organizing a non-commercial Event that aligns with the goals and values of misto.cafe. The Partner contributes to the planning and execution of the Event.

1.6. Website. Refers to a collection of data and electronic (digital) information accessible through the Internet.

1.7. Event Venue (misto.cafe). An intimate space designed for hosting events, accommodating 25-35 people with a maximum capacity of 50. The venue spans 90 square meters and is located at 26 Bohdana Khmelnytskoho Street in Lutsk (referred to as the Event Venue).

1.8. Event Venue Rules. These are guidelines regarding the misto.cafe Event Venue, covering the terms of use, behavior during the event, and other essential details. These rules must be reviewed and followed by any Customer organizing an event.

1.9. Catering. This is a required service provided by the Company for organizing and serving food and drinks at events. It includes meal preparation, table settings, serving staff, and the provision of related materials such as dishes, cutlery, and textiles.

1.10. Mandatory Minimum Catering Order. The minimum amount for catering services is set by the Company based on the type of event, number of visitors, event date, etc. The Customer cannot reduce this amount but is allowed to increase their order above the minimum.

2. Subject of the Agreement

2.1 This Agreement outlines the relationship between the Company and:

a) Customers who organize and host events at the Event Venue. Under this service, the Company allows Customers to temporarily use the venue and access Catering services, all in accordance with the terms of this Agreement.

b) Visitors who register for and attend events organized by the Company or a Partner Event. This Agreement does not apply to visitors attending events organized solely by the Customer.

2.2 The Parties agree that this Agreement is finalized:

For subparagraph “a” (Customers): When the Customer submits an event application by completing the form on the Website.
For subparagraph “b” (Visitors): Upon the Visitor’s registration for the event.

3. Terms for Organizing an Event by the Customer and Use of the Event Venue

3.1 To organize and hold an event at the Event Venue, the Customer must submit an application by completing the form provided on the Website. The application should include all the requested information. If the Customer does not agree to the terms of this Agreement, they should not apply or use the services for event organization.

3.2 When completing the application form, the Customer must provide personal data and other necessary details for organizing the event. The Customer guarantees that all provided information is accurate, up-to-date, and correct. The Customer confirms that their provided email address and phone number are current and will be used for all communication and notifications related to this Agreement.

3.3 Once the application is submitted, a representative from the Company will contact the Customer to confirm the details of the event, including the minimum catering order and menu options. The Customer may select alternative items from the available menu, but the order must meet or exceed the Mandatory Minimum Order.

3.4 For the event, the Customer will receive temporary, paid use of the Event Venue (referred to as a lease) under the following conditions:

The minimum rental period for the Event Venue is 3 (three) hours.
The hourly rental rate for the Event Venue is set by the Company and listed on the Website under the "Hold an Event" section. The Company reserves the right to adjust the rental rate at any time by updating the Website, except for Events that have already been agreed upon between the parties. Once the Event is confirmed, the rental price cannot be changed.
The total rental cost for an Event is calculated by multiplying the actual time spent at the venue (in hours) by the hourly rate. The total time includes setup before the Event, the Event duration, and the breakdown time required by the Customer to remove their equipment, tools, or other property from the venue.

3.5. The Customer must pay the rental fee for the Event venue, based on the number of hours reserved, as a full prepayment within 3 (three) days of receiving the invoice. If the actual time of use exceeds the paid rental time, the Customer must make an additional payment within 1 (one) hour after the Event ends.

3.6. The Customer must also fully prepay for the agreed-upon Catering services within 3 (three) days of receiving the invoice. If additional food or drinks are ordered during the Event, the Customer is responsible for paying any extra Catering costs at the Event's conclusion.

3.7. If the Customer fails to make the necessary payments for the venue rental or Catering services as outlined in clauses 3.5 and 3.6, the Company reserves the right not to confirm the Event booking. This may result in a change of Event date, which will not be considered a breach of this Agreement.

3.8. The Company reserves the right to refuse the Customer the opportunity to organize and hold the Event in the following cases:

The Company has the right to refuse the Customer the opportunity to organize and hold the Event for the following reasons:
Failure to provide information about the Event in a timely manner.
The Event’s topics do not align with misto.cafe’s concept as a cafe promoting social impact.
Involvement of speakers or artists in projects or events that conflict with the Company's values.
Reputational risks associated with the organizer, partners, speakers, or artists (e.g., connections with Russia, Russian-language websites or social media, etc.).
Use of the Russian language in speeches.
Political undertones in the Event.
Any entertainment content deemed inappropriate during martial law in Ukraine.
Other reasons deemed significant by the Company, which do not need to be explained to the Customer and are not considered a violation of this Agreement.

3.9. The Customer is responsible for choosing the Event’s topic, notifying the Company, and handling all aspects of organizing the Event, including securing speakers, participants, and visitors. The Company is not involved in the planning or execution of the Event and holds no responsibility for its content, the number of attendees, or any resulting outcomes.

3.10. The Customer agrees to treat the Event space and any Company property on-site with care and respect.

3.11. The Customer must follow all Ukrainian laws, including electricity usage regulations, general safety rules, and adhere to sanitary, fire, and environmental safety standards while using the Event space.

3.12. The Customer agrees not to litter the Event venue and to leave the space in the same or better condition as it was provided. If the space is left dirty or with items remaining after the event, the Company reserves the right to remove these items and charge the Customer for the cleanup.

3.13. The Customer is fully responsible for the Event venue during their rental, including the actions of all persons involved in the Event (participants, speakers, staff, etc.).

3.14. The Customer agrees to follow the Event Venue Rules.

3.15. If the Customer or anyone they involve damages the Event venue or any property at the venue, they are responsible for reimbursing the Company for the full market value of the damaged items, including any lost profits, within two days of receiving the Company's claim.

3.16. If unexpected situations occur before or during the Event—such as an air raid siren or a missile strike in the region/city—the Customer is responsible for deciding whether to proceed with the Event and for ensuring the safety of all participants. If the alarm or attack happens before the Event, and the Customer informs the Company of their decision to cancel at least 30 minutes prior, the venue rental fee may be refunded upon written request. However, the cost of Catering is non-refundable, and all prepared food and drinks will be handed over to the Customer.

4. Partner Events

4.1. The details and conditions for Partner Events are decided by the Company and the Partner based on the specifics of each Event, including the number of participants and other relevant factors.

4.2. For Partner Events, Visitors may be charged to cover the costs of organizing the Event. In such cases, the Partner may receive funds from the Company to cover the agreed-upon costs of the Event.

4.3. The terms for Visitor attendance at Partner Events will follow the guidelines set out in Section 5 of this Agreement.

4.4. If any damage occurs to the Company's property due to the Partner Event, caused by Visitors, speakers, or participants, both the Company and the Partner will share the responsibility for covering these damages, unless the responsible parties provide full compensation.

5. Event Attendance Conditions

5.1. This section covers the rules for registering and participating in Events organized by the Company or Partner Events. For Events organized by Customers, registration and participation will follow the Customer’s specific terms and conditions.

5.2. Details about Events will be posted on the Company’s Website, the Partner’s website, and/or on social media. This information will include the Event's topic and date.

5.3. Events organized by the Company or Partners may be either free or paid.

5.4. For free Events, information will be available on the Website and/or social media. Visitors can register for these Events by phone or via Telegram messenger.

5.5. The Company reserves the right to refuse registration to Visitors if there are no available seats or for other valid reasons. The Company is not required to provide an explanation or assume liability for such refusals.

5.6. For specialized or thematic Events, priority may be given to professionals in relevant fields. This practice does not constitute a breach of this Agreement.

5.7. For paid Events, the cost will be listed on the Website and/or social media. Visitors must pay the full amount as a prepayment to the bank account provided by the Company within 2 days of receiving the invoice, which will be sent via Telegram. Visitors are responsible for any bank fees in addition to the event cost. Prices are listed in hryvnia. Late payments may result in a lack of available spots.

5.8. A Visitor who has paid for the Event will be considered registered once the payment has been received and credited to the Company's bank account.

5.9. Visitors who need to cancel their participation in a free Event must inform the Company at least 24 hours before the Event. For paid Events, cancellations must be communicated via Telegram or email to [email protected] at least 48 hours before the Event.

5.10. If a Visitor cancels their participation in a paid Event following the process outlined in section 5.9, they can request a refund. To do so, they need to submit a written request to the Company with their bank details. Refunds will be processed within 14 business days from the receipt of the request, provided the cancellation rules were followed.

5.11. Visitors who do not show up for the Event and fail to cancel as required by this Agreement will not receive a refund and will face any negative consequences related to their absence.

5.12. The Company reserves the right to limit a Visitor's ability to register for future Events if they have missed three or more Events, whether consecutively or not. This restriction means their future registration requests may be denied without explanation.

5.13. Visitors must not impersonate others. If a Visitor is found to be impersonating someone else, the Company may deny them entry to the Event without notice.

5.14. Visitors should arrive at the Event at least 10 minutes early. The Company has the right to deny entry to those who arrive late.

5.15. The Company will not admit Visitors who are under the influence of alcohol or drugs, and this will not be considered a breach of this Agreement.

5.16. By agreeing to this document, the Visitor gives the Company and/or Event Partners permission to take photos and/or videos using any device, such as a camera, mobile phone, or other technical equipment.

5.17. The Visitor also consents to the free, unrestricted use of their image and/or voice in photos and videos. This includes public display, reproduction, and distribution without limitations on location or method. This consent does not infringe on the Visitor's personal rights or data privacy.

5.18. The content and format of the Event are determined by the speaker (e.g., lecturer, trainer). The Company does not guarantee that the Event will meet the Visitor's expectations or needs, and the Visitor acknowledges this risk.

5.19. The Visitor is responsible for deciding how to use any advice or information obtained from the Event and assumes all responsibility for applying it.

5.20. If the Visitor feels unwell during the Event, they should immediately inform the Company’s representative. Visitors who are unwell before the Event, have symptoms of respiratory illness, or other medical conditions that could impact their participation, are not allowed to attend.

5.21. If the Event involves practical tasks or activities requiring active participation, the Visitor is not required to take part in these tasks if they choose not to or are unable to. Participation in such activities is optional.

5.22. If an air alert is issued or another emergency situation arises during the Event, the Visitor must leave the Event venue and find a safe place. The Company is not responsible for the Visitor's safety during such situations. If it’s possible to resume the Event after the emergency, it will continue.

5.23. The Visitor is responsible for taking care of the Company’s and Partner’s property and will be liable for any damage or loss to that property.

5.24. Throughout the Event—before, during, and after—the Visitor must follow common standards of ethics and behavior while at the Event venue. Violations of these standards can result in the Visitor being removed from the venue without reimbursement for any expenses, including the Event fee.

5.25. Any food or drinks ordered by the Visitor on their own initiative must be paid for by the Visitor.

5.26. While the Company strives to accommodate Visitor preferences, it cannot guarantee specific seating arrangements.

6. Responsibility

6.1. Both parties are responsible for fulfilling their obligations under this Agreement according to its terms and current Ukrainian law.

6.2. The Company is not liable for any issues resulting from the Customer's or Visitor's failure to adhere to the terms of this Agreement.

6.3. Neither party will be held responsible for failing to meet their obligations if it's due to force majeure events like war, natural disasters (earthquakes, floods, fires), actions by public authorities, or changes in regulations that were beyond their control. The affected party must notify the other party immediately and provide documentation from relevant authorities confirming these circumstances.

6.4. The parties should attempt to resolve any disputes or conflicts through discussion and negotiation.

7. Terms of Use for the Website

7.1. The use of the Website is governed by the terms outlined in this Agreement.

7.2. When using the Website, the Customer or Visitor must not: (a) Circumvent or disable any security features of the Website or functions that restrict the use or copying of content. (b) Provide false information when filling out applications or registering for events. (c) Misrepresent themselves as acting on behalf of someone else. (d) Send unsolicited messages, spam, or repetitive content. (e) Engage in illegal or unlawful activities. (f) Alter, disrupt, or attempt to hack the Website. (g) Introduce viruses, Trojan horses, worms, logic bombs, or other harmful software. (h) Collect data from other users of the Website without permission. (i) Post or share false, private, confidential, or defamatory information about others.

7.3. The Customer or Visitor agrees not to misuse the Website's resources, including its support services.

8. Other Terms and Conditions

8.1. This Agreement remains valid until all obligations by both Parties are fully met.

8.2. Either Party can terminate this Agreement unilaterally if the other Party fails to meet the terms of this Agreement or as allowed by current Ukrainian law.

8.3. The Company can end this Agreement and refuse to provide services if the Customer is late with payment for the Event Venue or Catering. In such cases, no additional agreements are needed; a notification via phone or Telegram messenger is sufficient.

8.4. The Company can also end this Agreement and refuse service to the Visitor if the Visitor is late with payment for a paid Event. Again, no additional agreements are required; a notification via phone or Telegram messenger will suffice.

8.5. This Agreement constitutes a public contract.

8.6. Acceptance of this offer by the Customer or Visitor is considered the same as signing a formal agreement between the Parties.

8.7. By agreeing to this Agreement, the Visitor and the Customer consent to receiving SMS messages (including via messengers), emails, and/or calls from the Company. These communications may include information about Events and other updates, including marketing materials. If either the Customer or Visitor wishes to stop receiving marketing messages, they can withdraw consent by contacting the Company via phone or email as listed on the Website.

8.8. The Company may update this Agreement to reflect changes in the rules for using the Website, attending or organizing Events, or to include new Website features. The Company reserves the right to make unilateral changes or amendments to this Agreement at any time. These changes will be effective from the date they are published, unless stated otherwise. Continuing to use the Company's services after the changes means accepting the new terms.

8.9. The terms of this Agreement are considered separate. If any provision is found to be invalid or unenforceable, it does not affect the validity or enforceability of the remaining provisions.

8.10. This Agreement is written in Ukrainian.

9. Company Details

LLC “Misto Cafe”

USREOU Code: 45599248

Location: 43026, Ukraine, Lutsk district, Volyn region, Lutsk city, 26 Bohdana Khmelnytskoho Street

VAT Payer Number: 455992403189

Bortnyk Viktoriia Mykolaivna

43020, Lutsk City, Lutsk District, Volyn Region

1 Sahaidachnoho St., Apartment 2

TIN: 3774906308

Bank Details:

IBAN: UA413220010000026006340116749

Bank: JSC “UNIVERSAL BANK”

MFO: 322001

Contact Information:

Phone: +38(099)-231-15-99

Email: [email protected]