Avva Experience – Terms & Conditions
Last Updated: 20th August 2025
1. ABOUT US
1.1 We are Ava Experience LLC d/b/a Avva Experience (1209 Orange Street, Wilmington, Delaware, 19801) Ava Experience LLC is referred to in these Terms as “Avva”, “us” or “we”.
2. DEFINITIONS
2.1 “Additional Services”: Any services provided by Avva beyond the core Experience, including but not limited to staffing, logistics, and strategic planning.
2.2 “Agreement”: The legally binding contract formed between Avva and the Client upon acceptance of an order, incorporating these Terms, any Quotation, and Confirmation.
2.3 “Avva” / “we” / “us” / “our”: Ava Experience LLC d/b/a Avva Experience.
2.4 “Client” / “you” / “your”: The individual, company or other legal entity purchasing Services from Avva.
2.5 “Confirmation”: The written acceptance sent by Avva confirming your order and finalising the Contract.
2.6 “Contract Date”: The date on which Avva issues the Confirmation to the Client, forming the basis of the Agreement.
2.7 “Experience”: Any virtual or hybrid event, activity, or experience created, coordinated, or delivered by Avva, either directly or via third-party providers.
2.8 “Experience Date”: The scheduled date of delivery of the Experience as agreed in writing.
2.9 “Event Packages”: Physical items, kits, or materials supplied by Avva and dispatched to participants as part of an Experience, which may include food and beverages, merchandise, printed materials, equipment, or other event-related goods.
2.10 “Experience Provider”: Any trusted third-party supplier engaged by Avva to support the delivery of an Experience or any part thereof.
2.11 “Fees”: The total amount payable by the Client for the Services, as specified in the Quotation and/or Confirmation.
2.12 “Force Majeure Event”: As defined in Section 15, an event beyond the reasonable control of either party preventing performance of contractual obligations.
2.13 “Online Booking”: A booking for an Experience made directly through our Website using our online checkout system.
2.14 “Quotation”: A written proposal issued by Avva outlining proposed Services and Fees, which is valid for 14 days and not legally binding unless confirmed.
2.15 “Services”: The full range of Experiences and Additional Services provided by Avva under the Agreement.
2.16 “Terms”: These terms and conditions, including any addenda or linked policies (e.g. Data Processing Addendum and Privacy Policy), as amended from time to time.
2.17 “Website”: The online sites, platforms, and digital systems operated by Avva, including our main website at avvaexperience.com/us, and any associated portals or technology platforms through which our Services are advertised, booked, managed, or delivered.
2.18 “Working Day”: Any day other than a Saturday, Sunday or Federal Public Holiday in the United States of America.
3. THESE TERMS
3.1 These terms and conditions, and the terms and conditions of the , shall govern the Services provided by AVA Experience LLC (“Avva”) to the Client (the “Client”) and constitute the contract (the “Contract”) between Avva and you.
3.2 You hereby acknowledge and accept all, and only, these terms and conditions. Avva objects to any different or additional terms. This is the final and complete expression of all terms and conditions of the agreement. Any representations, promises, warranties, or statements that are not contained here are void. These terms and conditions can be modified, waived, or amended only by a writing signed by both you and Avva.
4. EXPERIENCES
4.1 Experiences are either created and delivered directly by us, or by trusted third-party providers where specialist input or resources are required. These Experiences form a core part of the Services we provide to you. Experiences may be delivered virtually or via a hybrid format.
4.2 For all Experiences you acknowledge and agree that their successful delivery is subject to factors beyond our control.
4.3 Experiences may on occasion be withdrawn or amended due to circumstances outside of our control. We will not be held liable for any costs incurred as a result of such withdrawal.
4.4 Experience costs, descriptions, formats and timings provided on our website are only intended to provide a general indication of the Experience. Photographs are for illustrative purposes only, and do not represent the Experience you may receive and do not form part of any agreement between you and us.
4.5 We will not be responsible for descriptions by or on any third party or Experience Providers’ websites or in any other materials.
5. ADDITIONAL SERVICES
5.1 In addition to our Experiences described in Section 2 of these Terms, we may offer a range of Additional Services to you for which a fee is payable. The details of which will be included in any quotation for Services we provide to you. The following Additional Services may include but are not limited to:
a) Supplying staff for your event or experience, including but not limited to technicians, event planners and managers, waiting staff and more
b) Providing expert advice on your experience or event plans and strategies
c) Supplying audio visual equipment, both hardware and software for your experience or event
6. EVENT PACKAGES
6.1 If your Experience includes physical items or packages sent to participants (“Event Packages”), the following terms apply:
6.2 You are responsible for providing accurate and complete delivery information for all recipients by the deadline provided in your Confirmation. Avva is not liable for delays or non-delivery caused by incorrect or incomplete information.
6.3 We will use reasonable efforts to dispatch Event Packages in time for delivery before the Experience Date. However, delivery dates are estimates only and may be affected by courier delays, customs clearance, adverse weather, or other factors outside our control.
6.4 Risk in Event Packages passes to you (or the participant) upon delivery to the address provided.
6.5 Any claims for damage or missing items must be reported to Avva within 48 hours of delivery, with supporting evidence (e.g., photographs).
6.6 We reserve the right to substitute items of equal or greater value if stock or supply issues arise, without prior notice.
6.7 Where Event Packages contain perishable goods you are responsible for ensuring that they are received and stored appropriately upon delivery. Avva is not liable for spoilage after successful delivery.
7. BOOKINGS
7.1 You can make an Experience inquiry with Avva on our website, phone or by email. Based on the information you provide, Avva will provide the Client a written quotation for our Services, for providing the chosen Experience. This quotation is for information only and is not a legal offer to provide the Services. Quotations are valid for 14 days from the date of receipt.
7.2 Having received a quotation, Client may confirm an order via email. Each Client order will be an offer by Client to purchase the Services specified in the order (the “Services”), subject to these Terms and Conditions.
7.3 Avva’s acceptance of Client’s order occurs when Avva delivers an email to Client confirming acceptance of the order (the “Confirmation”). The date of the Confirmation shall be the date on which the Contract becomes binding (the “Contract Date”). The Contract is limited to only the Services provided in the Confirmation. Avva shall have no obligation or responsibility to provide the Services unless and until Avva receives payment in full from the Client, and Avva shall be entitled to cancel the Contract in the event of non-payment.
7.4 For certain Experiences you may be able to complete an Online Booking, where you book and pay directly via our Website without obtaining a separate quotation. In such cases, by completing the checkout process and submitting payment, you make an offer to purchase the Experience on the terms set out in these Terms and Conditions.
8. FEES & PAYMENT
8.1 In order for us to provide you our Services you must pay our Fees (“Fees”).
8.2 The Fees set forth in the Confirmation are final and binding on the Client, subject to any variation by written agreement.
8.3 Avva modifications to the Services and fees after the Confirmation shall be set forth in an updated quotation, which shall be binding on the Client.
8.4 Unless otherwise agreed in writing with the Client. Fees must be paid in full within 3 working days of the date of the Confirmation. Any variations to this date or payment schedule must be agreed between us in writing.
8.5 For bookings more than a calendar month in advance of the date of an Experience, Client must pay Avva’s required minimum booking amount to reserve your Experience.
8.6 If Client has not made payment in full as set forth above, Avva will not be obliged to provide the Services, and shall have no liability to Client for cancelling the Services.
8.7 Payment can be made using a debit or credit card or via bank transfer.
8.8 For Online Bookings, payment in full is required at the time of booking through our Website’s secure payment system. Your booking will not be confirmed until full payment has been received and the Confirmation email has been sent.
8.9 If Client, its employees, contractors, or guests cause any delay to the scheduled start or continuation of the Services (including by late arrival, late provision of information or materials, failure to provide access, or non-compliance with venue or technology requirements), Avva may, in its sole discretion:
a) shorten the Services accordingly with no reduction in Fees; or
b) charge Client for any additional time, resources, or costs reasonably incurred to complete the Services.
8.10 Client remains responsible for payment of all Fees as originally agreed, together with any additional amounts due under this Section.
9. CANCELLATIONS & RESCHEDULING
9.1 You are entitled to cancel your order at any time and any refund will be determined by the amount of notice you give us as set out below:
a) More than 30 days prior to the Experience Date: You may cancel and receive a full refund, less any non-recoverable third-party costs already incurred by us (such as travel, accommodation, staffing or AV production)
b) Less than 30 days prior to the Experience Date: No refund will be provided on cancellations made within one month of the Experience
9.2 Any rescheduling of the Experience by you is at Avva’s discretion and can be made up to 14 days prior to the originally scheduled Experience. A minimum rescheduling fee of $140 will be charged if a new date is agreed upon.
9.3 Rescheduling requests made within 14 days of the Experience Date will be treated as cancellations, unless otherwise agreed in writing.
9.4 In very rare circumstances, we may need to cancel an Experience. If we are unable to deliver the Experience for any reason not caused by a Force Majeure Event, we will notify you as soon as possible and offer either:
a) A full refund; or
b) Rescheduling the Experience at no additional cost.
9.5 We shall not be liable for any indirect or consequential losses arising from such cancellation.
9.6 For Online Bookings, the cancellation and rescheduling terms in this Section apply in the same way as for all other bookings.
10. COMPLAINTS & REFUNDS
10.1 If any Experience materially varies from its description, You may contact Avva to convey the details of the variation. It shall be in Avva’s sole discretion to take further action, or issue a refund, reschedule or credit towards future events to Client.
10.2 Avva shall not be responsible for any refund or liability as a result of late deliveries.
10.3 Client may complain about our Services by contacting us on the contact details available on our Website. We encourage Clients to raise any concerns directly with us. While we welcome feedback, defamatory or false statements made publicly may limit our ability to offer remedies or refunds.
11. YOUR OBLIGATIONS
11.1 It is Client’s responsibility to ensure that:
a) the terms of the order are complete and accurate;
b) Client fully co-operate with Avva in all matters relating to the Services;
c) Client provides Avva with such information and materials Avva may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
d) Client obtains and maintains all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
e) Client complies with all applicable laws, including health and safety laws;
f) Client is responsible for procuring all necessary equipment necessary for the running of an Experience or event unless otherwise agreed with us.
g) In instances where Avva is providing hardware, software or both for an Experience it is the Client’s responsibility to ensure that our technology is compatible with your systems;
h) Where Avva is providing event space, the Client is responsible for all of this space during the period of the experience. Any damage to the space or their contents incurred as a result of your or your employees or representatives’ acts, omissions or default will result in a charge to remedy such damage.
12. INTELLECTUAL PROPERTY
12.1 The format and content of the Website and all other materials and communications issued or utilized by Avva – including but not limited to marketing materials and brochures – is protected by trademarks and copyrights and Avva reserves all rights in our registered or unregistered copyrights and trademarks whether owned or licensed to Avva.
12.2 The Website and Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or other purpose without our express written consent. In addition, there shall be no use or extraction and/or utilization of prior parts of the contents of the Website or Services without our express prior written consent.
12.3 All intellectual property rights in and to the Experiences we create or deliver (including but not limited to event concepts, formats, digital games, scripts, visuals, designs, materials, and recordings) shall remain the exclusive property of Avva. You acknowledge that no ownership rights are transferred to you through the delivery of our Services.
12.4 By providing content for distribution by our Website Client hereby expressly grants us a royalty-free, perpetual, irrevocable licence to use such content in order to deliver the Services to Client.
13. OUR LIABILITY
13.1 Avva warrants that it will perform the Services in a professional and workmanlike manner and in accordance with applicable laws.
13.2 Except as expressly set forth in this Agreement, the Services and any deliverables are provided “AS IS” and Avva disclaims all other warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the maximum extent permitted by law.
13.3 Avva shall not be liable to Client for any business, financial or economic loss or damages or for any consequential or indirect loss or damage such as loss or damage to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any Services Avva provides to Client under, or in any other way connected with the Contract (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, willful concealment or theft.
13.4 Avva shall have no liability to Client whatsoever for any act or omission of the Experience Provider in connection with the Experiences or in relation to the Experiences themselves.
13.5 Avva is not liable or responsible for any delay, disruption or disturbance in the operation of the internet or problems caused by the Client’s Internet Service Provider or for any telecommunications failures which are beyond our control.
13.6 Avva is not liable or responsible for any technical issues which may arise as a result of the Client’s failure to ensure compatibility of Avva’s technology with its own systems.
13.7 Except for liability arising from death or personal injury caused by our gross negligence or willful misconduct, our total liability to you for all losses under this Contract is limited to the total amount paid by you to us in the previous 12 months or $500, whichever is higher.
13.8 In no event shall Client assert a claim against Avva regarding this Contract more than 12 months after the date of the Contract.
14. INDEMNIFICATION
14.1 The Client shall indemnify, defend, and hold harmless Avva, its officers, employees, contractors, and agents from and against any and all claims, demands, actions, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
a) the Client’s breach of this Agreement;
b) the acts or omissions of the Client’s employees, agents, contractors, or guests;
c) any gatherings, meetings, or physical activities organised by the Client in connection with the Services; and
d) any claim that the Client’s materials, information, or instructions infringe or misappropriate any intellectual property or other rights of a third party.
14.2 This indemnity shall apply regardless of the form of action, except to the extent such claims result from Avva’s gross negligence or willful misconduct.
15. PERSONAL DATA
15.1 Avva shall process all personal data in accordance with our privacy policy which can be found here.
15.2 As part of these Terms and Conditions, Avva and Client agree to be bound by the Data Processing Addendum which can be found here whereby Avva acts as a data processor for You as data controller.
16. CONFIDENTIALITY
16.1 Each party (“Receiving Party”) shall keep confidential all non-public information disclosed by the other party (“Disclosing Party”) in connection with this Agreement that a reasonable person would consider confidential (“Confidential Information”). The Receiving Party may use Confidential Information only to perform its obligations under this Agreement and may disclose it only to its employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations at least as protective as these.
16.2 These obligations do not apply to information that:
a) is or becomes public without breach of this Agreement,
b) was lawfully known by the Receiving Party before disclosure,
c) is received from a third party without restriction, or
d) is independently developed without use of the Confidential Information.
16.3 The Receiving Party may disclose Confidential Information when required by law or court order, provided it gives prompt notice where legally permitted. Upon termination of this Agreement, each party shall return or destroy the other’s Confidential Information, except as required for legal or compliance purposes.
16.4 These obligations survive for three (3) years following termination, except that trade secrets must be protected for so long as they remain trade secrets.
17. INSURANCE
17.1 We maintain appropriate business insurance for the Services we provide in the United States, which are limited to virtual Experiences and related shipments. Clients are responsible for maintaining their own insurance for any gatherings or physical activities they organise in connection with our Services, including any liability cover for injury, property damage, or third-party claims.
18. FORCE MAJEURE
18.1 Neither party shall be liable to the other for any delay or failure in the performance of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control, including but not limited to: acts of God, flood, fire, earthquake or other natural disaster; epidemic or pandemic; governmental actions, guidance or restrictions; war, threat of war, or armed conflict; civil unrest; labour disputes or strikes; failure of utilities or transportation networks; unavailability of suppliers due to emergency closures; or cyber incidents affecting systems essential to the delivery of the Services (each a “Force Majeure Event”).
18.2 In the event of a Force Majeure Event:
a) The affected party shall promptly notify the other party in writing of the circumstances and keep them informed of any developments.
b) The parties will use reasonable endeavours to agree an alternative date or method for delivery of the Services, including rescheduling any Experience where possible.
c) If rescheduling is not feasible within ninety days of the original Event Date, either party may terminate the affected portion of the Agreement by providing written notice.
d) In such cases, the Client shall only be liable for any unrecoverable third-party costs incurred by Avva up to the date of termination. Any balance of prepaid Fees will be refunded.
18.3 For the avoidance of doubt, a Force Majeure Event shall not relieve the Client from the obligation to pay for Services already performed or costs already incurred prior to the Force Majeure Event.
19. SUBCONTRACTING & ASSIGNMENT
19.1 Avva may engage subcontractors, consultants, or other third-party providers in the performance of the Services, provided that Avva shall remain responsible for the acts and omissions of such subcontractors as if they were Avva’s own.
19.2 The Client shall not assign, transfer, delegate, or otherwise dispose of any of its rights or obligations under this Agreement, whether voluntarily, involuntarily, by operation of law, or otherwise, without the prior written consent of Avva. Any attempted assignment in violation of this clause shall be null and void.
19.3 Avva may assign this Agreement in whole or in part (including by way of merger, reorganization, consolidation, sale of all or substantially all of its assets, or other corporate transaction) without the Client’s consent. This Agreement shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
20. GENERAL
20.1 Client shall comply with all laws and regulations applicable to the Services.
20.2 These Terms and Conditions are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware.
20.3 These Terms and Conditions are the final and complete expression of all terms and conditions of the agreement between Avva and the Client. Any statements, communications and representations not contained herein shall be void.
20.4 Avva reserves all of its rights to take action and enforce any and all of Avva’s rights and remedies under the Contract or applicable law arising from Client’s actions including the breach of the Contract.
20.5 Avva shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
