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Legal

Liability Disclaimer & Limitation

Effective:
Last updated:
Jurisdiction:
United States

1. PLATFORM ROLE AND NATURE OF SERVICE

1.1 Marketplace Facilitator Only

WE ARE A TECHNOLOGY PLATFORM AND MARKETPLACE FACILITATOR, NOT A BARTENDING SERVICE PROVIDER.

The bartendersNow™ platform:

  • Connects independent contractor bartenders with event hosts
  • Provides technology tools for service coordination
  • Facilitates payment processing between parties
  • Does NOT provide bartending services directly
  • Does NOT employ bartenders or control their service delivery
  • Does NOT guarantee the quality, availability, or performance of services

1.2 Independent Contractor Relationships

All bartenders on our platform are independent contractors who:

  • Operate their own businesses
  • Maintain complete control over their service methods
  • Are responsible for their own professional conduct
  • Carry their own insurance and liability coverage
  • Comply with all applicable laws and regulations independently

1.3 No Agency or Employment Relationship

THERE IS NO AGENCY, PARTNERSHIP, JOINT VENTURE, OR EMPLOYMENT RELATIONSHIP between Midnight Logic, Inc. and any platform users. We do not:

  • Control how bartenders perform their services
  • Supervise bartending activities or events
  • Make decisions about alcohol service
  • Participate in event planning or execution
  • Assume responsibility for bartender conduct or performance

2. COMPREHENSIVE DISCLAIMERS

2.1 Service Quality Disclaimer

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING:

Service Quality:

  • Professional competence of bartenders
  • Quality of bartending services provided
  • Timeliness or reliability of service delivery
  • Compatibility between hosts and bartenders
  • Satisfaction with completed services

Service Availability:

  • Availability of bartenders for specific dates or events
  • Cancellation or rescheduling of services
  • Weather-related or emergency service disruptions
  • Bartender no-shows or last-minute changes

Service Outcomes:

  • Success or satisfaction with events
  • Guest satisfaction with beverage service
  • Professional conduct during events
  • Resolution of service-related disputes

2.2 Safety and Security Disclaimer

WE DO NOT GUARANTEE:

User Safety:

  • Physical safety of platform users during events
  • Property security at event locations
  • Safe alcohol service practices by bartenders
  • Compliance with safety protocols or guidelines

Identity Verification:

  • Accuracy of identity verification processes
  • Completeness of background checks
  • Current validity of professional licenses
  • Ongoing character or conduct of verified users

Platform Security:

  • Absolute security of user data or communications
  • Prevention of unauthorized access or data breaches
  • Protection against cyberattacks or system failures
  • Uninterrupted platform availability

2.3 Legal Compliance Disclaimer

USERS ARE SOLELY RESPONSIBLE FOR:

Alcohol Service Laws:

  • Compliance with all applicable alcohol service regulations
  • Obtaining necessary permits and licenses
  • Following age verification and service protocols
  • Adhering to social host liability requirements

Business Regulations:

  • Compliance with business licensing requirements
  • Tax obligations and reporting responsibilities
  • Insurance coverage and professional liability
  • Worker classification and employment law compliance

Local Requirements:

  • Understanding and following local event regulations
  • Obtaining required permits for events
  • Complying with zoning and noise ordinances
  • Meeting health department requirements

2.4 Third-Party Service Disclaimer

WE ARE NOT RESPONSIBLE FOR:

Payment Processing:

  • Stripe or other payment processor failures
  • Transaction delays or processing errors
  • Chargeback disputes or payment reversals
  • Currency conversion or international transaction issues

Communication Services:

  • SMS delivery failures (Twilio)
  • Email delivery issues (SendGrid)
  • Phone service interruptions
  • Third-party communication platform outages

Mapping and Location Services:

  • Google Maps accuracy or availability
  • GPS or location tracking errors
  • Navigation or direction inaccuracies
  • Location-based service failures

2.5 Disclaimer of Insurance Verification

WE DO NOT VERIFY BARTENDER INSURANCE COVERAGE.

bartendersNow™ makes no representation or warranty as to the:

  • Existence of any Bartender's insurance coverage
  • Validity or authenticity of insurance documents
  • Adequacy of coverage limits or policy terms
  • Scope of coverage for specific events or activities
  • Current status of any insurance policy
  • Financial stability of any insurance carrier

bartendersNow™ does not request, collect, store, or verify insurance attestations or Certificates of Insurance. Users engage services at their own risk regarding counterparty insurance coverage.

Users acknowledge that:

  • Bartenders may be uninsured or underinsured
  • The platform does not collect, store, or verify any insurance documentation
  • Any insurance information a Bartender provides directly to a Host may be inaccurate
  • Hosts requiring proof of coverage must request and validate it directly with the Bartender

3. SPECIFIC ALCOHOL-RELATED DISCLAIMERS

3.1 California Civil Code Section 1714 Acknowledgment

Under California Civil Code Section 1714, the consumption of alcoholic beverages, rather than the furnishing of alcoholic beverages, is the proximate cause of injuries inflicted upon another by an intoxicated person.

We are a technology platform. We do not make, supervise, or control alcohol-service decisions, which rest solely with the independent-contractor bartender and the host.

3.2 Alcohol Service Responsibility

ALCOHOL SERVICE DECISIONS ARE MADE EXCLUSIVELY BY INDEPENDENT CONTRACTOR BARTENDERS AND EVENT HOSTS.

We do not:

  • Make decisions about what alcohol to serve
  • Determine appropriate serving quantities
  • Monitor guest consumption levels
  • Intervene in alcohol service situations
  • Provide alcohol service training or supervision

3.3 Social Host Liability

HOSTS ASSUME FULL RESPONSIBILITY FOR SOCIAL HOST LIABILITY OBLIGATIONS.

Event hosts are responsible for:

  • Understanding their state's social host liability laws
  • Ensuring proper age verification procedures
  • Managing guest behavior and consumption
  • Providing safe transportation options
  • Obtaining appropriate insurance coverage

3.4 Minor Service Prohibition

ZERO TOLERANCE FOR SERVING MINORS:

While we prohibit serving alcohol to minors on our platform:

  • We cannot monitor actual service decisions at events
  • Independent contractors are solely responsible for age verification
  • Hosts are responsible for ensuring guest age compliance
  • Violations may result in immediate account termination and legal reporting

4. LIMITATION OF LIABILITY

4.1 Maximum Liability Cap and Legal Enforceability

CONTRACTUAL LIABILITY LIMITATION: TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CALIFORNIA CIVIL CODE SECTIONS 1542, 1668, AND 1953, OUR TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM, RELATED TO, OR IN CONNECTION WITH THE PLATFORM, YOUR USE THEREOF, OR THIS AGREEMENT IS STRICTLY LIMITED TO THE PLATFORM FEES PAID BY YOU TO MIDNIGHT LOGIC, INC. IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Scope of Limitation: This limitation applies regardless of:

  • The legal theory, cause of action, or basis for the claim (whether in contract, tort, strict liability, negligence, gross negligence, warranty, statute, regulation, or otherwise)
  • Whether the claim is brought individually, as a class action, or on behalf of others
  • Whether the damages were foreseeable or unforeseeable at the time of contract formation
  • Whether we have been advised of the possibility of such damages
  • Whether limited remedies provided herein fail of their essential purpose

Legal Precedent and Authority: This limitation is based on established California law, including:

  • UMG Recordings, Inc. v. Shelter Capital Partners LLC (2013) 218 Cal.App.4th 1186 (enforcing broad contractual liability limitations)
  • Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503 (upholding consequential damage exclusions)
  • California Civil Code Section 1668 (contractual limitation enforceability standards)
  • Tunkl v. Regents of University of California (1963) 60 Cal.2d 92 (public policy limits on exculpatory clauses)

4.2 Comprehensive Damage Exclusions and Waiver

BROAD EXCLUSION OF DAMAGES: IN NO EVENT SHALL MIDNIGHT LOGIC, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

Consequential, Indirect, and Economic Damages:

  • Lost profits, revenue, or business opportunities (whether actual or anticipated)
  • Business interruption, downtime, or loss of use damages
  • Loss of goodwill, reputation, or competitive position
  • Costs of procurement of substitute goods or services
  • Loss of data, information, or confidential or proprietary information
  • Diminution in value or lost savings
  • Investment losses or opportunity costs

Incidental and Reliance Damages:

  • Out-of-pocket expenses related to cancelled or disrupted services
  • Travel, accommodation, or venue costs for affected events
  • Emergency procurement or replacement service costs
  • Communication, coordination, or administrative expenses
  • Preparation costs, planning expenses, or sunk costs
  • Third-party charges or fees resulting from service disruptions

Special, Unique, and Consequential Damages:

  • Industry-specific or profession-specific losses
  • Damages peculiar to your particular circumstances or business
  • Losses arising from unique contractual relationships or commitments
  • Extraordinary, unusual, or unforeseeable damages
  • Damages arising from third-party relationships or dependencies

Punitive, Exemplary, and Multiple Damages:

  • Punitive damages designed to punish or deter conduct
  • Exemplary damages intended to make an example
  • Enhanced damages, treble damages, or statutory multiples
  • Attorney's fees and costs (except as specifically provided by statute)

Pain, Suffering, and Emotional Distress:

  • Physical pain and suffering of any kind
  • Mental anguish, emotional distress, or psychological harm
  • Loss of consortium, companionship, or society
  • Hedonic damages or loss of enjoyment of life

Legal Basis for Exclusions: These exclusions are enforceable under California law pursuant to:

  • California Civil Code Section 1668 (contractual liability limitation validity)
  • Jones v. Abriani (2007) 156 Cal.App.4th 442 (enforcing broad damage exclusions)
  • Leon v. IDX Systems Corp. (2013) 464 F.3d 951 (upholding comprehensive liability waivers)
  • Uniform Commercial Code Section 2-719 (limitation of remedy enforceability)

4.3 Personal Injury and Property Damage

WE ARE NOT LIABLE FOR:

Personal Injury:

  • Injuries occurring during events
  • Alcohol-related injuries or incidents
  • Accidents involving platform users
  • Health issues related to alcohol consumption
  • Any physical harm to event participants

Property Damage:

  • Damage to event venues or property
  • Broken or damaged equipment
  • Spills, stains, or other property damage
  • Theft or loss of personal property
  • Vandalism or intentional property damage

Emotional Distress:

  • Psychological harm from platform use
  • Stress related to service disputes
  • Anxiety from safety incidents
  • Mental anguish from service failures

4.4 Third-Party Claims

WE ARE NOT LIABLE FOR:

User Conduct:

  • Actions or omissions of bartenders
  • Behavior of event hosts or guests
  • Disputes between platform users
  • Violations of law by platform users
  • Professional misconduct or malpractice

Third-Party Services:

  • Payment processor failures or errors
  • Communication service interruptions
  • Mapping service inaccuracies
  • Identity verification service errors
  • Background check limitations or errors

5. INDEMNIFICATION

5.1 User Indemnification Obligation

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Midnight Logic, Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

Your Platform Use:

  • Your use or misuse of the platform
  • Your violation of these terms or policies
  • Your violation of applicable laws or regulations
  • Content you upload or create on the platform

Service-Related Claims:

  • Services provided or received through the platform
  • Disputes with other platform users
  • Alcohol service incidents or violations
  • Property damage or personal injury at events
  • Professional conduct of bartenders hired through the platform

Legal Violations:

  • Age verification failures or minor service
  • Alcohol service law violations
  • Business regulation non-compliance
  • Tax or employment law issues
  • Privacy or data protection violations

5.2 Defense and Settlement

Our Rights:

  • We may assume the exclusive defense and control of any matter subject to indemnification
  • You will cooperate fully with us in asserting any available defenses
  • We may settle any claim without your consent
  • You may not settle any claim without our prior written consent

Your Obligations:

  • Promptly notify us of any claims or potential claims
  • Provide all requested information and documentation
  • Cooperate fully in the defense of any claims
  • Not admit fault or liability without our consent

6. FORCE MAJEURE

6.1 Excused Performance

We are not liable for any failure or delay in performance under these terms due to circumstances beyond our reasonable control, including but not limited to:

Natural Disasters:

  • Earthquakes, floods, fires, or severe weather
  • Pandemic or public health emergencies
  • Natural disasters affecting our operations or users

Government Actions:

  • Laws, regulations, or government orders
  • Court orders or legal proceedings
  • Emergency declarations or public safety measures
  • Trade restrictions or sanctions

Technical Failures:

  • Internet or telecommunications outages
  • Power failures or infrastructure disruptions
  • Cyberattacks or security incidents
  • Third-party service provider failures

Labor Disputes:

  • Strikes, lockouts, or work stoppages
  • Labor shortages or disputes
  • Transportation disruptions

6.2 Notice and Mitigation

During force majeure events:

  • We will provide reasonable notice when possible
  • We will make reasonable efforts to minimize impacts
  • We will resume normal operations as soon as reasonably possible
  • Affected obligations will be suspended during the force majeure period

7. NO WARRANTIES

7.1 "AS IS" Provision

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We specifically disclaim all warranties, including but not limited to:

Implied Warranties:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Title
  • Quiet enjoyment

Express Warranties:

  • Platform availability or uptime
  • Service quality or reliability
  • User satisfaction
  • Data accuracy or completeness
  • Security or privacy protection

7.2 Platform Functionality

WE DO NOT WARRANT THAT:

Technical Performance:

  • The platform will be uninterrupted or error-free
  • Defects will be corrected promptly or at all
  • The platform will meet your specific requirements
  • Data transmission will be secure or error-free

Content Accuracy:

  • User-generated content is accurate or reliable
  • Algorithm recommendations are optimal or correct
  • Third-party information is current or complete
  • Platform data is free from errors or omissions

Service Outcomes:

  • Users will find suitable matches
  • Transactions will be completed successfully
  • Disputes will be resolved satisfactorily
  • Users will be satisfied with platform services

8. COMPREHENSIVE ASSUMPTION OF RISK AND WAIVER

8.1 Knowing and Voluntary Assumption of Risk

ACKNOWLEDGMENT OF INHERENT DANGERS: YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOUR USE OF THE PLATFORM INVOLVES INHERENT RISKS, DANGERS, AND HAZARDS THAT CANNOT BE ELIMINATED REGARDLESS OF THE CARE TAKEN TO AVOID INJURIES, DAMAGES, OR LOSSES. YOU VOLUNTARILY ASSUME ALL SUCH RISKS AND DANGERS.

Specific Risk Categories Assumed:

Marketplace and Commercial Risks:

  • Risks inherent in connecting with unknown independent contractors and service seekers
  • Quality, reliability, and performance variations among service providers
  • Scheduling conflicts, cancellations, and service disruptions beyond platform control
  • Payment processing errors, disputes, and financial transaction risks
  • Contractual disputes and enforcement difficulties with independent contractors
  • Business risks associated with event planning and service coordination
  • The risk of engaging with an uninsured or underinsured service provider
  • The risk that any insurance information a Bartender provides directly to you may be inaccurate
  • The risk that the platform does not and cannot verify insurance coverage
  • All consequences arising from inadequate or non-existent Bartender insurance

Alcohol Service and Liability Risks:

  • All risks associated with alcohol service, consumption, and related incidents
  • Social host liability and regulatory compliance risks under state and local laws
  • Guest behavior, intoxication, and safety issues during alcohol service events
  • Property damage, personal injury, and third-party claims arising from alcohol service
  • Legal violations, penalties, and enforcement actions related to alcohol service
  • Professional liability and insurance coverage gaps or disputes

Technology and Platform Risks:

  • System failures, outages, downtime, and technical malfunctions
  • Data loss, corruption, security breaches, and cyber-attacks
  • Communication failures, delays, and misunderstandings
  • Third-party service interruptions and integration failures
  • Software bugs, errors, and compatibility issues
  • Internet connectivity and device malfunction risks

Personal Safety and Security Risks:

  • Physical injury or harm during events or service provision
  • Property theft, damage, or loss during platform-facilitated services
  • Personal security risks when meeting unknown individuals
  • Travel and transportation risks associated with service provision
  • Environmental hazards and unsafe conditions at event locations
  • Emergency situations and inadequate emergency response

8.2 Express Waiver and Release of Claims

COMPREHENSIVE WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE MIDNIGHT LOGIC, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM OR RELATED TO:

  • Any injury, death, loss, or damage to person or property
  • Any failure of equipment, software, or technological systems
  • Any acts or omissions of independent contractors using the platform
  • Any breach of contract, tort, or other legal theory
  • Any violation of statute, regulation, or common law
  • Any claim that could have been brought whether or not specifically listed herein

Legal Enforceability: This waiver and release is intended to be as broad and inclusive as permitted by the laws of the State of California, and is governed by established precedent including:

  • Platzer v. Mammoth Mountain Ski Area (2002) 104 Cal.App.4th 1253 (enforcing broad liability waivers)
  • Benedek v. PLC Santa Monica (2002) 104 Cal.App.4th 1351 (upholding comprehensive assumption of risk)
  • Cann v. Stefanec (2013) 217 Cal.App.4th 462 (validating detailed waiver language)

8.3 Informed and Voluntary Agreement

INFORMED CONSENT: YOU ACKNOWLEDGE THAT:

  • You have carefully read and fully understand this assumption of risk and waiver
  • You have been advised to consult with an attorney before agreeing to these terms
  • You understand the legal consequences of waiving your right to sue
  • You are voluntarily agreeing to these terms without duress or undue influence
  • You have adequate insurance coverage or financial resources to cover potential losses
  • You understand that this waiver may bar recovery even if company acts negligently

Voluntary Participation: You further acknowledge that:

  • Your participation in platform activities is entirely voluntary
  • You have alternative means of obtaining bartending services
  • You could choose not to use the platform and avoid these risks
  • You are assuming these risks for your own benefit and convenience
  • No representations have been made to minimize or contradict these risks

8.4 California Civil Code Section 1542 Waiver

STATUTORY WAIVER: YOU SPECIFICALLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

Understanding of Waiver: You understand and acknowledge that this means you are waiving your right to sue for unknown claims that may exist as of the date you agree to these terms, even if knowledge of such claims would have affected your decision to use the platform.

9. JURISDICTION-SPECIFIC PROVISIONS

9.1 California Law Application

This disclaimer is governed by California law, which provides specific protections for marketplace facilitators and technology platforms.

California Protections:

  • Civil Code Section 1714 (alcohol liability limitations)
  • Business and Professions Code protections for technology platforms
  • Consumer protection law safe harbors for marketplace facilitators

9.2 Federal Law Compliance

This disclaimer complies with applicable federal laws, including:

  • Section 230 of the Communications Decency Act
  • Electronic Commerce Protection Act provisions
  • Federal Trade Commission guidelines for marketplace platforms

10. SEVERABILITY AND ENFORCEMENT

10.1 Severability

If any provision of this disclaimer is found to be invalid, illegal, or unenforceable:

  • The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable
  • If modification is not possible, the invalid provision will be severed
  • The remainder of the disclaimer will remain in full force and effect
  • The overall intent and protection of the disclaimer will be preserved

10.2 Enforcement

This disclaimer will be enforced to the maximum extent permitted by law.

  • Courts will interpret provisions broadly to provide maximum protection
  • Any ambiguities will be resolved in favor of the platform
  • Limitations and disclaimers will be given full legal effect
  • Users waive any claims that these provisions are unconscionable or unenforceable

11. ACKNOWLEDGMENT AND ACCEPTANCE

11.1 User Acknowledgment

BY USING THE bartendersNow™ PLATFORM, YOU ACKNOWLEDGE THAT:

  • You have read and understood this entire disclaimer
  • You agree to all limitations and disclaimers contained herein
  • You understand the risks associated with using the platform
  • You accept full responsibility for your decisions and actions
  • You will not hold us liable beyond the limitations set forth herein

11.2 Informed Consent

YOU CONFIRM THAT:

  • You have had the opportunity to review this disclaimer with legal counsel
  • You understand the legal consequences of these limitations
  • You are voluntarily agreeing to these terms
  • You have not relied on any representations outside of this disclaimer

12. CONTACT INFORMATION

For questions about this Liability Disclaimer & Limitation:

Legal Department
Email: legal@bartendersnow.com
Subject Line: Liability Disclaimer Inquiry

For liability, risk, or general counsel inquiries — including complex liability questions — contact legal@bartendersnow.com (Subject: Risk/Liability).

This disclaimer is effective as of July 20, 2026 and applies to all platform use from that date forward.

By continuing to use bartendersNow™, you acknowledge that you have read, understood, and agree to be bound by this Liability Disclaimer & Limitation.

This document was prepared as of July 20, 2026 and reflects current California and federal law regarding marketplace platform liability. This disclaimer is designed to provide maximum legal protection while maintaining enforceability under applicable law.