This agreement is made as of [Current Date] between
Sample Client A and Sample Client B
123 Address Ct
City, State 12345
United States
(hereinafter the “Wedding Couple” or “Clients”)
and
Geek Chic Events
205 Westwood Ct
Fairmont, West Virginia 26554
United States
(hereinafter the “Company”)
Under this Agreement, the Wedding Couple desires to hire the Company as a professional wedding consultant and wedding day coordinator for the wedding scheduled on [Wedding Date].
1. DESCRIPTION OF SERVICES
Beginning on [Current Date], the Company will provide to the Wedding Couple the following wedding planning, coordination, or design services (collectively, the “Services”) as agreed upon in the proposal:
Name | Description | Qty / Unit Price | Tax | Subtotal |
Sample Event Package | Sample Event Package description of service(s) | 0 x $0.00 | 9.94% | $0.00 |
[Initials]
I understand and agree to the terms and descriptions of the services to be performed in reference to our event as outlined above. I understand that additional services are and will be made available to me that can incur additional costs.*
2. PERFORMANCE OF SERVICES
The manner in which the Services are to be performed and the specific hours to be worked by the Company shall be determined by the Wedding Couple. The Wedding Couple will rely on the Company to work as many hours as may be reasonably necessary to fulfill the Company’s obligation under this Agreement.
The Wedding Couple shall not change the date, time, or location of the wedding ceremony and reception without first contacting and advising the Company of said changes so as to determine if the Company is still available to provide services. If the Wedding Couple do change the date, time, or location of the scheduled wedding ceremony and reception, and the Company is unavailable to provide services, the Company is released from all contract obligations, and shall in no way be held responsible or liable in any manner whatsoever for non-performance. The Wedding Couple also forfeit the Company’s fee for non-compliance with this Agreement.
The Company shall arrive at the wedding location at an agreed-upon time to meet the vendors at least three hours prior to the start the ceremony. If the venue is not open at least three hours prior to the start of the ceremony, the Company shall arrive as early as possible in accordance with the venue’s hours of operation. The Wedding Couple fully understand and agree that the Company shall not be responsible or held liable in the event the Company is prohibited from providing wedding day services due to illness, hospitalization, auto accident, transportation breakdown/disruption, traffic difficulties, acts of God such as hurricanes or inclement weather or other unforeseen incapacitation or other cause of non-arrival on the day of the wedding.
The Company will make every attempt to notify the Wedding Couple and to provide for a substitute Wedding Consultant who can provide services if time and resources permit. In any event, the Company, their agents, and assigns shall NOT be held liable for any compensation or any damages (including punitive) due to non-performance of any services resulting from such incapacitation, non-arrival, errors and/or omissions of any type.
3. COMPANY RESPONSIBILITIES AND DELIVERABLES
- Client Meetings:
- Regular Consultations: The Company will schedule regular consultations with the client throughout the planning process to discuss progress, address any concerns, and gather feedback.
- Site Visits: Site visits to the venue(s) will be arranged as needed to discuss layout, design, and logistical details. The client’s presence and input during these visits are encouraged.
- Vision Development: The Company will collaborate with the client to develop and refine the overall vision for the wedding, incorporating preferences, themes, and design elements.
- Budget Management: The Company will assist the client in creating and managing a realistic budget for the wedding, providing guidance on allocation and cost-saving opportunities.
- Vendor Recommendations: The Company will research, recommend, and coordinate with various vendors, including but not limited to venues, caterers, florists, photographers, and entertainment, based on the client’s preferences and budget.
- Client Portal Access:
- Online Portal: The client will be provided with secure access to an online portal where they can view and manage important documents, timelines, and checklists related to the wedding planning process.
- Document Repository: Important documents, contracts, and design inspirations will be uploaded to the client portal for easy access and reference.
- Confirmation of Details:
- Vendor Confirmations: The Company will confirm details with all vendors leading up to the wedding day, including finalizing contracts, ensuring delivery schedules, and verifying setup requirements.
- Client Review: A comprehensive review of all details, including decor elements, catering preferences, and logistical arrangements, will be conducted with the client to confirm accuracy.
- Design and Decor Services:
- Event Design: The Company will work closely with the client to create a cohesive and aesthetically pleasing event design, including color schemes, decor elements, floral arrangements, and overall styling.
- Collaborative Design Sessions: The Company will collaborate with the client in design sessions to discuss and finalize decor elements, color schemes, floral arrangements, and overall styling.
- Design Mockups: Where applicable, the Company will provide design mockups or visual representations to help the client visualize the proposed design concepts.
- Floral Maintenance: The Company will design and arrange floral elements, but ongoing maintenance of floral arrangements, such as watering and replacement, is the responsibility of the client or their designated party.
- Decor Sourcing: The Company will source and procure necessary decor items, linens, floral arrangements, and other design elements according to the approved design plan.
- Floor Plans and Layouts: The Company will develop detailed floor plans and layouts for the event, ensuring optimal use of space and adherence to the design vision.
- Coordination Services:
- Timeline Development: The Company will create and provide a detailed wedding timeline outlining the sequence of events for the entire wedding day. This timeline will be crafted in collaboration with the client to ensure it aligns with their vision and preferences.
- Timeline Distribution: The finalized wedding timeline will be shared with the client for approval and subsequently distributed to all relevant vendors. Any necessary adjustments will be communicated promptly.
- Vendor Coordination: The Company will serve as the primary point of contact for vendors on the wedding day, overseeing setup, ensuring adherence to the timeline, and troubleshooting any issues that may arise.
- Venue Logistics: The Company is not responsible for venue-related logistics, including but not limited to permits, setup/breakdown of tables and chairs, and coordination with venue staff.
- Guest Assistance: The Company will provide assistance to guests as needed, including guiding them to their seats, answering inquiries, and ensuring a positive guest experience.
- Post-Event Services:
- Breakdown and Cleanup: The Company shall not be held responsible for post-event cleanup. The client is responsible for ensuring that the event space is left in a satisfactory condition. The Company will oversee the breakdown and cleanup of the event space as outlined in the Proposal when and only when indicated as a part of the Services prior to the event, ensuring that all personal decor items are properly handled and removed from the venue.
- Vendor Contract Fulfillment: The Company will work to ensure that all vendor contracts are fulfilled as detailed and made available for the Company to review.
- Communication:
- Prompt Communication: The Company is committed to prompt and responsive communication through various channels, including emails, phone calls, and scheduled meetings.
- Regular Updates: The Company will provide regular updates to the client on the progress of planning and coordination efforts, seeking feedback and approval as needed.
- Availability: The Company will be available for scheduled consultations, meetings, and communication throughout the planning process.
- Emergency Contact: An emergency contact will be provided to the client for urgent matters outside of regular business hours.
[Initials]
I understand and accept these are the Company’s responsibilities and deliverables that I can expect as the Client as outlined in the section above.*
4. EXCLUDED SERVICES
- Wedding Coordination Services.
- The following services are expressly excluded from the scope of this agreement and will not be provided by the Company as part of the wedding coordination services:
- Legal Services: The Company does not provide legal advice or services related to marriage licenses, contractual agreements, or any other legal aspects associated with the wedding.
- Financial Services: Financial planning, budget management, and any financial transactions on behalf of the client are not included in the scope of our services.
- Vendor Contract Negotiation: While the Company will assist in identifying and recommending vendors, negotiations with vendors, and the execution of vendor contracts are the sole responsibility of the client.
- Guest Accommodation Arrangements: The Company does not handle guest accommodation bookings, travel arrangements, or related services.
- Graphic Design and Printing: Design, printing, and distribution of wedding invitations, programs, or any other graphic materials are not part of our services.
- Travel Planning: Any travel arrangements, including but not limited to transportation and accommodation for the client and their guests, are not within the scope of our services.
- Event Insurance: The Company does not provide or assist in obtaining event insurance. It is the client’s responsibility to secure any necessary insurance coverage for the event.
- Entertainment Licensing: Licensing and permissions related to musical performances, use of copyrighted material, or any other entertainment-related licensing are not provided by the Company.
- This list is not exhaustive, and any services not explicitly mentioned in the agreement should be clarified with the Company beforehand. The client understands that they are responsible for making arrangements for any services not covered by this agreement.
- The following services are expressly excluded from the scope of this agreement and will not be provided by the Company as part of the wedding coordination services:
- Wedding Design Services.
- The following services are expressly excluded from the scope of this agreement and will not be provided by the Company as part of the wedding design services:
- Legal Services: The Company does not provide legal advice or services related to marriage licenses, contractual agreements, or any other legal aspects associated with the wedding.
- Financial Services: Financial planning, budget management, and any financial transactions on behalf of the client are not included in the scope of our services.
- Floral Maintenance: The Company will design and arrange floral elements, but ongoing maintenance of floral arrangements, such as watering and replacement, is the responsibility of the client or their designated party.
- Vendor Coordination: While the Company may recommend vendors, coordination and communication with vendors (e.g., photographers, caterers, musicians) are the responsibility of the client.
- Venue Logistics: The Company is not responsible for venue-related logistics, including but not limited to permits, setup/breakdown of tables and chairs, and coordination with venue staff.
- Guest RSVP Management: The management of guest RSVPs, dietary restrictions, and other guest-related communication is the sole responsibility of the client.
- Event Planning: Detailed event planning, including scheduling, timeline creation, and coordination of non-design-related aspects of the event, is not within the scope of our services.
- Custom Stationery Production: While the Company may assist in design concepts, the production of custom stationery, including printing and assembly, is not included in our services.
- Lighting and Technical Setup: Technical aspects such as lighting design and setup of audio-visual equipment are not covered by the Company’s services.
- Rentals and Furniture Setup: The procurement and setup of furniture and other rentals needed for the event are the responsibility of the client.
- This list is not exhaustive, and any services not explicitly mentioned in the agreement should be clarified with the Company beforehand. The client understands that they are responsible for making arrangements for any services not covered by this agreement.
- The following services are expressly excluded from the scope of this agreement and will not be provided by the Company as part of the wedding design services:
- Wedding Planning Services.
- The following services are expressly excluded from the scope of this agreement and will not be provided by the Company as part of the wedding planning services:
- Legal Services: The Company does not provide legal advice or services related to marriage licenses, contractual agreements, or any other legal aspects associated with the wedding.
- Financial Services: Financial planning, budget management, and any financial transactions on behalf of the client are not included in the scope of our services.
- Vendor Contract Negotiation: While the Company will assist in identifying and recommending vendors, negotiations with vendors, and the execution of vendor contracts are the sole responsibility of the client.
- Guest Accommodation Arrangements: The Company does not handle guest accommodation bookings, travel arrangements, or related services.
- Event Insurance: The Company does not provide or assist in obtaining event insurance. It is the client’s responsibility to secure any necessary insurance coverage for the event.
- Entertainment Licensing: Licensing and permissions related to musical performances, use of copyrighted material, or any other entertainment-related licensing are not provided by the Company.
- Custom Stationery Production: While the Company may assist in design concepts, the production of custom stationery, including printing and assembly, is not included in our services.
- Transportation Logistics: Coordination of transportation for the wedding party or guests is not within the scope of our services.
- This list is not exhaustive, and any services not explicitly mentioned in the agreement should be clarified with the Company beforehand. The client understands that they are responsible for making arrangements for any services not covered by this agreement.
- The following services are expressly excluded from the scope of this agreement and will not be provided by the Company as part of the wedding planning services:
5. LIMITATION OF COMPANY RESPONSIBILITIES
- Third-Party Actions: The Company may recommend and coordinate with various vendors for the event, including but not limited to photographers, florists, caterers, and musicians. The Company shall not be held responsible or liable for the actions, conduct, or performance of third-party vendors, guests, or members of the wedding party associated with the event.
- Vendor Services: The Company does not provide services for vendors, including but not limited to catering, handling of food or alcohol, setting up and breaking down bars, serving, or bussing. The client acknowledges that any agreements with vendors are separate from the services provided by the Company.
- Vendor Guidelines: While the Company may provide guidelines or questions for couples to ask their vendors, or may assist in vendor selection, the Company does not assume responsibility for the services provided by vendors. The client is encouraged to communicate directly with vendors to address any concerns or issues.
- Other Vendor Rental Items: The Company is not responsible for the setup, teardown, or maintenance of rental items provided by other vendors. The client should coordinate directly with those vendors for such services.
- Guest Count Exceeding Agreement: The Company is not responsible for any discrepancies in guest count exceeding the number provided by the client. Additional charges may apply for services required beyond the agreed-upon scope.
- Guest Conduct: The Client understands that the behavior and actions of guests are beyond the control of the Company. The Company shall not be liable for any inappropriate conduct, property damage, or other actions caused by guests attending the event.
- Wedding Party Actions: The Company is not responsible for the actions, behavior, or decisions made by members of the wedding party. The Client acknowledges that any issues arising from the conduct of the wedding party are the sole responsibility of the individuals involved.
- Personal Items Left Behind: The Company is not responsible for personal items left behind by the client, guests, or members of the wedding party. It is the client’s responsibility to collect any such items after the event.
- Decor and Setup: While the Company may assist in the setup of certain specified decor items (e.g., guest book, seating chart, card box), the client acknowledges that the Company is not responsible for the setup of all decor items. The client assumes responsibility for any loss or breakage of these items.
- Lost or Broken Decor Items: The Company is not responsible for any loss or breakage of decor items, whether owned by the Company or provided by the client. The client assumes the risk associated with the transport, setup, and use of such items.
The client agrees to indemnify and hold harmless the Company, its employees, agents, and representatives from any claims, liabilities, costs, or expenses arising out of or related to the matters specified in this section.
This limitation of liability shall apply to the maximum extent permitted by law, and the client acknowledges that they have had the opportunity to seek legal advice regarding the terms of this agreement.
[Initials]
I understand and accept these are limitations of the Company’s responsibilities and they are not to be held liable for these actions or services. If I would like to use the Company’s other services – wedding planning, coordination, and/or design – that are outside of my original project scope, this would be an additional service added on in an addendum.*
6. CLIENT RESPONSIBILITIES, COMMUNICATIONS, AND DEADLINES
- Client Responsibilities:
- Timely Decision-Making: The client agrees to make timely decisions regarding vendor selections, design choices, and other key aspects of the wedding planning process to ensure the smooth progression of the project.
- Information Accuracy: The client is responsible for providing accurate and up-to-date information, including guest counts, dietary restrictions, and any other details relevant to the planning and execution of the event.
- Vendor Collaborations: The client will collaborate with the Company in providing necessary information to selected vendors and promptly responding to vendor inquiries or requests.
- Payment Schedule: The client agrees to adhere to the payment schedule as outlined in the agreement. Timely payments are crucial to secure vendors and services and maintain the overall project timeline.
- Client Portal:
- Portal Engagement: The client is encouraged to actively engage with the client portal provided by the Company, accessing important documents, timelines, and checklists for reference.
- Document Review: The client will review and acknowledge any documents uploaded to the portal promptly, including contracts, invoices, and design proposals.
- Communication:
- Regular Communication: The client will engage in regular communication with the Company to discuss progress, provide feedback, and address any concerns or changes to the initial plan.
- Prompt Responses: The client agrees to respond promptly to emails, messages, and scheduled meetings to facilitate effective communication throughout the planning process.
- Emergency Communication: In the event of emergencies or urgent matters, the client will contact the Company through the designated emergency contact provided.
- Deadlines:
- Timeline Adherence: The client acknowledges the importance of adhering to the agreed-upon timeline for decisions, approvals, and other project milestones to ensure a seamless planning process.
- Vendor Contracts: The client will promptly review and sign vendor contracts and agreements, adhering to deadlines set by the Company to secure services and avoid potential scheduling conflicts.
- Design Approvals: The client will review and provide timely approvals for design concepts, mockups, and other visual elements to ensure alignment with their vision for the event.
- Guest Lists and RSVPs: The client will provide accurate guest lists and manage RSVPs within the specified deadlines to facilitate catering arrangements and seating plans.
7. FINAL APPROVAL OF WEDDING CHOICES
- Vendor and Service Selection: The couple acknowledges that they have the final approval over the selection of vendors and services for their wedding. While the Company may provide recommendations and assist in the decision-making process, the ultimate choices rest with the couple.
- Design and Décor: The couple retains final approval authority over the design and décor elements for the wedding. The Company will work closely with the couple to bring their vision to life, making adjustments as necessary based on the couple’s preferences.
- Timeline and Schedule: The couple has the final approval over the wedding timeline and schedule. The Company will propose a suggested timeline, but any modifications or adjustments are subject to the approval of the couple.
- Communication with Vendors: The couple has the authority to communicate directly with vendors and make final decisions regarding contracts, services, and any modifications to agreements. The Company will facilitate communication but does not make final decisions on behalf of the couple.
- Changes and Revisions: The couple has the right to request changes or revisions to any aspect of the wedding plans. The Company will make reasonable efforts to accommodate such requests, provided they align with the terms of this agreement and are logistically feasible.
- Final Walkthrough: Prior to the wedding day, the couple will participate in a final walkthrough to review and approve the setup, layout, and other details. Any concerns or adjustments will be addressed during this walkthrough.
The couple understands that their preferences and choices will be respected throughout the planning process, and the Company will make every effort to ensure that the wedding reflects the couple’s vision.
8. HANDLING OF DIY AND PERSONAL ITEM DECOR
- Client’s Responsibility: The client acknowledges and agrees that any do-it-yourself (DIY) or personal item decor brought in for the event is the sole responsibility of the client. This includes, but is not limited to, centerpieces, signage, favors, and any other items not provided by the Company.
- Delivery and Setup: The client is responsible for delivering all DIY and personal items to the venue in a timely manner, as specified in the event timeline. The Company will coordinate with the client for an appropriate time for setup, ensuring that all items are properly arranged and displayed according to the client’s specifications.
- Coordination with Venue: The client is responsible for obtaining any necessary approvals or permissions from the venue regarding the setup of DIY and personal items. The Company will work with the venue to ensure compliance with their policies.
- Inventory Checklist: The Company and the client will collaborate to create an inventory checklist of all DIY and personal items to be used for the event. This checklist will be reviewed during a pre-event meeting, and any discrepancies or concerns will be addressed at that time.
- Breakdown and Removal: Following the event, the client is responsible for the prompt removal of all DIY and personal items from the venue. The Company will coordinate a designated time for the client or their designated representative to collect these items.
- Liability for Loss or Damage: The client acknowledges that the Company is not liable for any loss or damage to DIY and personal items, whether occurring during setup, the event, or breakdown. The client is encouraged to obtain insurance coverage for such items if deemed necessary.
- Abandoned Items: Any DIY or personal items left at the venue beyond the agreed-upon timeframe for removal will be considered abandoned. The client understands that the Company is not responsible for the storage or safekeeping of abandoned items.
The client agrees to communicate all preferences and requirements regarding DIY and personal item decor in advance, and the Company will make reasonable efforts to ensure these preferences are met.
[Initials]
I understand and accept these responsibilities and conditions as the Client as outlined in the sections above.*
9. PAYMENT, RETAINER AND EXPENSE REIMBURSEMENT
As full compensation for the Services provided by the Company, the Clients agrees to pay the Company a total sum of $XXX.XX. The Clients understand that they are responsible for paying for vendor products and services in full. The Client accepts responsibility for purchasing items needed for the wedding and reception. If the Client requests any special provisions or services from the Company, these details shall be submitted in writing no later than three weeks prior to the wedding date. The detail and fee structure will then be noted in an addendum to this Agreement.
- Payment for Services:
- The Client agrees to pay the Company a total sum of $XXX.XX as full compensation for the Services provided.
- The Client is responsible for paying vendor products and services directly.
- Payment Methods:
- Payment shall be made using credit card, debit card, cash, or by check with a supporting card, directly to the Company.
- Checks are only accepted on the basis of being paid on the first presentation. A charge of $36.00 will be made toward bank and administration charges for each check returned unpaid for any reason, whether or not the check is honored on re-presentation.
- The final payment for services must be made via credit/debit card, bank transfer, or check.
- Inner-City Charges:
- For inner-city appointments subject to parking meters and congestion charges, additional costs will be passed directly to the client and identified on the invoice.
- The Client agrees to pay inner-city charges immediately following the initial consultation or any same-day follow-on service.
- Follow-on Services:
- The Client agrees to pay for follow-on services (such as reports, costings, diagrams, etc) immediately upon receipt of the follow-on service and corresponding invoice.
- Terms for Goods or Services Supplied:
- Payment is due immediately upon presentation of the invoice.
- If an invoice is dispatched by mail, payment must be received within 7 working days.
- Queries regarding goods, services, quality, or price must be raised immediately upon presentation of the invoice.
- Late Payments:
- Payment reminders will be provided in advance of due dates and after for any late payments.
- Interest at the rate of 5% per week shall be payable on overdue accounts.
- Payment Difficulties:
- If the client encounters difficulties making the final payment through approved methods, alternative arrangements must be discussed and agreed upon in writing at least one month prior to the event date, .
- Debt Recovery and Legal Proceedings:
- Should debt recovery or legal proceedings be necessary, the Client will be liable for any costs incurred by the Company.
- Ownership of Goods:
- Ownership of goods and materials supplied shall not pass to the buyer until the seller has received the full price in cash or cleared funds.
Below are the packages and payment schedule from the Proposal agreed upon by the Clients:
Name | Description | Qty / Unit Price | Tax | Subtotal |
Sample Event Package | Sample Event Package description of service(s) | 0 x $0.00 | 9.94% | $0.00 |
Total: $XXX.XX.
Due Date | Amount Due |
(TBD) – 0 day(s) after contract signed by client | $0.00 – [30% retainer] |
(TBD) – 3 month(s) before Wedding date | $0.00 – [1/2 of remainder] |
(TBD) – 1 month(s) before Wedding date | $0.00 – [2/2 of remainder] |
In addition to any other right or remedy provided by law, if the Client fails to pay for the Services when due, the Company has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract and/or seek legal remedies.
Retainer:
At the time of signing the Agreement, the Wedding Couple shall pay a non-refundable retainer fee of 30% of the full amount for the Services.
- Rescheduling and Emergencies:
- The Client may change the date, time, or location of the wedding ceremony and reception with at least 90 days’ notice. A rescheduled date must be within 18 months of the original date.
- In case of emergency, the Client shall promptly inform the Company. Wedding services may be halted or rescheduled, as appropriate.
- If the Wedding Couple changes the date, time, or location, and the Company is unavailable, the Company is released from contract obligations. The Wedding Couple forfeits the Company’s fee for non-compliance.
Expense Reimbursement:
All expenses incurred by the Company shall be the responsibility of the Company unless otherwise agreed upon with the Wedding Couple. The Company shall obtain prior consent from the Wedding Couple before seeking reimbursement for any additional expenses.
[Initials]
I understand my obligation and the policies as outlined in regards to payments. I have reviewed, understand, and accept the payment plan as outlined.*
[Initials]
I understand and accept that the 30% retainer fee is non-refundable. I have been made aware if my date changes I must immediately inform the Company for the highest chance of ensuring their availability. If the wedding date is changed due to extenuating circumstances, I have reviewed the procedure to inform the Company and reschedule.*
10. TERM
The Wedding Couple and the Company agree that this Agreement shall commence on the above date [Current Date] and terminate two months after your event on [Wedding Date].
11. RELATIONSHIP OF PARTIES
It is understood by the parties that the Company is an independent contractor with respect to the Wedding Couple, and not an employee of the Wedding Couple. The Wedding Couple will not provide fringe benefits, including health insurance benefits, paid vacation or any other employee benefit, for the benefit of the Company.
12. EMPLOYEES, SAFETY, AND WORK ASSIGNMENTS
The Company’s employees, if any, who perform services for the Wedding Couple under this Agreement shall also be bound by the provisions of this Agreement.
The Company is committed to providing a safe and professional working environment for its representatives. The Client agrees to maintain a safe and secure environment during all interactions with the Company.
In the event of any unsafe or hostile behavior directed towards the Company’s representatives, including but not limited to verbal or physical aggression, the Company reserves the right to terminate its services immediately. In such cases, the Client is not entitled to any refund for work that cannot be completed due to the termination.
The Company operates on a two-strike policy. If a Client or guest becomes verbally or physically aggressive, and there is at least one witness to the incident, the Company, at its sole discretion, may choose to terminate services immediately without refund for uncompleted work.
13. DISCLOSURE
The Company is required to disclose any outside activities, interests, personal beliefs, or convictions, that conflict or may conflict with the best interests of the Wedding Couples.
14. ASSIGNMENT
The Company’s obligations under this agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of the Wedding Couple.
15. NON-COMPETE OBLIGATIONS
The Client agrees that, during the term of this agreement and for a period of 14 days following the completion of services by the Company, they will not engage, directly or indirectly, with any competing wedding planning, coordination, or design services that operate within a 30-mile radius of Fairmont, West Virginia or without the prior written consent of the Company.
For the purpose of this agreement, “competing wedding planning, coordination, or design services” shall be defined as any individual, company, or entity that provides similar services to those offered by the Company, including but not limited to wedding planning, coordination, and design services.
Clients may hire other vendors after terminating service with the Company after a period of 14 days following the completion of services. Clients will have a Cancellation Agreement that must be completed and returned along with the non-refundable retainer and payment for any work the Company has completed up to the point of cancellation.
16. CONFIDENTIALITY
The Clients recognize that the Company has and will have private information and intimate details relating to the relationship, courtship, pending nuptials, and post-nuptial plans (collectively, “Confidential Information”) of the Wedding Couple, which are valuable, special and unique to the Wedding Couple and need to be protected from improper disclosure. In consideration for the disclosure of Confidential Information, the Clients agree that the Company will not at any time or in any manner, either directly or indirectly, use any Confidential Information for the Company’s own benefit, or divulge, disclose, or communicate in any manner any Confidential Information to any third party without the prior written consent of the Wedding Couple. The Company will protect all Confidential Information and treat it as strictly confidential. This provision shall remain in full force and effect after the termination of this agreement.
The Company and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Company, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Wedding Couple. The Company and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
Upon termination of this Contract, the Company will return to the Wedding Couple all records, notes, documentation, and any other items that were used, created, or controlled by the Company during the term of this Contract.
The client agrees to maintain the confidentiality of all proprietary and confidential information obtained during the course of engaging with the Company’s services. This includes, but is not limited to, vendor contacts, pricing details, and any unique design concepts presented by the Company.
17. UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION
If it appears that the Company has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, the Wedding Couple shall be entitled to an injunction to restrain the Company from disclosing, in whole or in part such Confidential Information. The Wedding Couple shall not be prohibited by this provision from pursuing other remedies, including a claim for losses or damages.
18. WARRANTIES
The Company shall provide its Services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the Company’s community and region and will provide a standard of care equal to, or superior to, care used by service providers similar to the Company on similar projects.
19. DEFAULT
The occurrence of any of the following shall constitute a material default under this Contract:
- The failure to make a required payment when due.
- The insolvency or bankruptcy of either party.
- The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application, or sale for or by any creditor or government agency.
- The failure to make available or deliver the Services in the time and manner provided for in this Contract.
20. REMEDIES ON DEFAULT
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform a provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 14 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
21. FORCE MAJEURE
If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event.
The term Force Majeure shall include, without limitations, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease, or any other public health crisis, including quarantine or other employee restrictions, fire explosion, vandalism, storm, or other similar occurrence, orders or acts of military or civil authority or by natural emergencies, insurrections, riots or wars, or strikes, lock-outs, work stoppages.
The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
22. DISPUTE RESOLUTION
The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Contract will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
23. ENTIRE CONTRACT
This Contract contains the entire agreement of the parties regarding the subject matter of this Contract, and there are no other promises or conditions in any other agreement whether oral or written. This Contract supersedes any prior written or oral agreements between the parties.
24. SEVERABILITY
If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid or enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by eliminating such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
25. AMENDMENT
This Contract may be modified or amended if the amendment is made in writing and signed by both parties.
26. APPLICABLE LAW
This Contract shall be governed by the laws of the State of West Virginia.
27. NOTICE
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.
28. WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
Client:
I agree to the terms and conditions of this contract.
[Sample] [Client A]
[Signature]
The date will be recorded once the form is submitted.
Client:
I agree to the terms and conditions of this contract.
[Sample] [Client B]
[Signature]
The date will be recorded once the form is submitted.
Business Owner:
I agree to the terms and conditions of this contract.
[Business]
[Owner]
[Signature]
The date will be recorded once the form is submitted.