AGREEMENT FOR EVENT PLANNING SERVICES
This Agreement for Event Planning Services (“Agreement”) is made by and between Salud, LLC (“Planner”) and (“Client” or “Client(s)”).
1. SERVICES TO BE PERFORMED
Planner agrees to perform the following Services (“Services”) related to Client(s)’ Event which is a Wedding (“Event”) scheduled for the Client(s)’ wedding date for the Client(s)’ specified numbers of guests :
a. Access to Event Specialist furnished by Salud, LLC. for help with Event planning questions.
b. Exclusive access to Event Specialist: e-mail and/or video conference.
c. Event Specialist serves in a consulting capacity but is not an event manager.
d. Salud, LLC will work remotely with you and will not be in attendance at any in-person meetings including but not limited to vendor meetings and location visits.
e. Salud, LLC will not provide vendor recommendations.
f. Salud, LLC will not communicate with any vendors on your behalf.
g. Salud, LLC will not be responsible for any type of event management activities including but not limited to coordination and deliveries.
2. PAYMENT AND REIMBURSEMENT
2.1. Payment Schedule
In consideration for the Services to be performed by Planner, Client(s) agrees to pay Planner (“Fees”) as follows
a. In order to secure Planner’s Services, payment of $79.99, $119.99, or $199.99 for Basic, Standard, and Premium, respectively, is due monthly and will be made upon signing of this Agreement (“Initial Payment”).
b. Upon signing of this Agreement (“Initial Payment”), $0 is due for first month with applicable code. $79.99, $119.99, $199.99 for Basic, Standard, and Premium, respectively, is due monthly beginning the second month.
If Client(s) fails to make payments to Planner, Services will be discontinued, without liability on Planner’s part, until the outstanding amounts are received
2.2 Form of Payment
All payments of Planner’s Fees, fees for Additional Services, and reimbursements of expenses must be made in the form of electronic payments sent to Salud, LLC business bank account via payment processor Stripe.
3. CLIENT RESPONSIBILITIES
In addition to the terms and conditions of this Agreement, Client(s) is responsible for:
a. Choosing Vendors and making all Vendor deposits and other payments in accordance with agreed upon Vendor contracts.
b. All communication with vendors and signing their own contracts with vendors.
c. Client is responsible for securing a day-of coordinator if they choose. Salud, LLC does not provide day-of coordination services.
d. Logistics like transportation and deliveries are the responsibility of the Client
e. Making timely payments of Planner’s Fees, fees for Additional Services, and reimbursements of expenses to Planner.
f. Making decisions, providing requested information and communicating any relevant changes to Planner and Vendors in a timely manner.
g. Complying with Planner’s business schedule and meetings policies.
h. Arranging for a licensed bartender to serve any alcoholic beverages. Client(s) acknowledges and agrees that Planner is not responsible for monitoring the consumption of alcohol by Client(s) and Event guests and Client(s) shall indemnify Planner for any alcohol-related claims against Planner. Planner takes absolutely no responsibility or liability for underage or excessive drinking or other inappropriate or illegal behavior by Client(s) or Events guests.
4. ASSURANCE OF SERVICES
In the event the Planner is unable to perform the Services, the Planner’s assistant(s) and/or colleague of equal or similar professional experience will be provided to execute and manage the Event listed herein. Planner reserves the right to select a replacement best suited to perform and uphold the professional level of services to the Client(s).
5. VENUE RESTRICTIONS
Planner, as well as Vendors hired by the Client(s), may be limited by the guidelines or rules of the venue management. Client(s) understands and agrees that Planner will abide by such guidelines or rules, and that they are outside of the control of Planner. Negotiation with respect to modifying the guidelines and restrictions is the sole responsibility of Client(s) and Client(s) agrees to hold Planner harmless for the impact such guidelines or rules may have on the Event.
6. INDEPENDENT CONTRACTOR
It is expressly agreed that the Planner is acting as an independent contractor and not as an employee providing services to Client(s). Planner is responsible for all taxes arising from compensation and other amounts paid under this Agreement. The Planner and Client(s) acknowledge this Agreement does not create a partnership or joint venture between them. Planner will not enter into any contracts or pay any invoices on behalf of Client(s).
7. TERM OF AGREEMENT
This Agreement will become effective on the date both parties sign the Agreement and Planner receives the non-refundable Initial Payment from Client(s). This Agreement will terminate on the earliest of:
a. The date both parties perform their obligations under this Agreement;
b. The date a party terminates the Agreement as provided herein.
8. TERMINATING THE AGREEMENT
Either party, without cause, may terminate this Agreement by delivering 30 calendar days written notice to the other party. The date the non-terminating party receives the written notice of termination shall be deemed the Date of Termination (“Date of Termination”).
The obligations which intend to survive termination of this Agreement (including, but not limited to, release, governing law, limitation of liability, joint and several liability, and indemnification) shall survive any termination of this Agreement.
8.1. Termination by Client(s)
In addition to any other obligations set forth in this Agreement, if Client(s) terminates this Agreement:
1. all payments made to Planner through the Date of Termination are non-refundable;
2. all outstanding Planner’s Fees for Services and Additional Services rendered through the Date of Termination will be due immediately; and
3. all outstanding reimbursements of expenses will be due immediately.
8.2. Termination by Planner
In addition to any other obligations set forth in this Agreement, in the unlikely event that the Planner has to terminate this Agreement for any reason other than Client(s)’ breach of the Agreement, Planner will refund Unearned Fees to Client(s). Unearned Fees will be calculated as follows: the total number of hours Planner has expended for Services and Additional Services rendered through the Date of Termination subtracted from amounts paid by Client(s) to Planner for Services and Additional Services. Any remaining balance will be refunded to Client(s) as Unearned Fees. Client(s) payments for reimbursements of expenses will not be refunded. If there is a balance due, Client(s) will pay Planner the outstanding balance within 30 calendar days from the invoice date.
Client(s) agrees that Planner may use any images from the Event for Planner’s portfolio, advertising, website, blog and magazine submissions and any other means of promotion. Client(s) waives any right to payment, royalties or any other consideration for the use of the images. Client(s) waives the right to inspect or approve the finished product, including written or electronic copy, wherein Client(s)’ likeness appears. Planner is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client(s), their heirs, representatives, executors, administrators, or any other persons acting on Client(s)’ behalf or on behalf of the Client(s)’ estates have or may have by reason of this authorization.
10. VENDORS AND OTHER PARTIES
Client(s) is responsible for making the actual selections of all venues, vendors, and suppliers for the Event (collectively, “Vendors”). Client(s) shall contract directly with all Vendors and other persons who may provide services, goods or supplies in connection with the Event. The Planner will not enter into any contracts or pay any invoices on Client(s)’ behalf.
Planner makes no representation or warranties regarding the performance or quality of goods and services of Vendors. Client(s) acknowledges that Planner is not liable for the performance, goods or services of any Vendor hired for this Event or for any product defects or imperfect resources purchased at the request of Client(s) or provided by Vendors that may negatively impact or affect the Event.
Client(s) expressly agrees to waive any claims, demands or causes of action against Planner with respect to the performance or quality of goods or services of any Vendor. Further, Client(s) agrees to indemnify, hold harmless and defend Planner for, from and against all claims, demands or causes of action related to any goods or services which any other party other than the Planner, may provide or undertake to provide in connection with the Event, whether or not arising from any negligent act or omission.
11. LIMITATION OF LIABILITY
This provision allocates the risks under this Agreement between the Planner and the Client(S). Unless otherwise prohibited by law, Planner’s total liability to Client(s) under this Agreement for damages, costs, and expenses will not exceed the amount of Planner’s Fees actually received by Planner from Client(s) under this Agreement. However, Planner will remain liable for bodily injury or personal property damage resulting from grossly negligent or willful actions of the Planner to the extent such actions or omissions were not caused by Client(s). Neither party to this agreement will be liable for the other’s lost profits, or special, incidental or consequential damages, whether in an action in contract or tort, even if the party has been advised by the other party of the possibility of such damages.
12. JOINT AND SEVERAL LIABILITY
If more than one Client enters into this Agreement, the obligations are joint and several; each Client is individually, as well as jointly liable for full performance of all agreed terms and payment of all sums required herein.
As the context may require, reference to Client in the singular may be read as the plural and the plural as the singular.
13. DISPUTE RESOLUTION
If a dispute arises under this Agreement, it shall be settled exclusively by submitting to a mutually agreed-upon arbitrator in Wayne County, MI. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
All notices, requests, claims, demands and other communications between the parties shall be in writing. All notices shall be given (a) by delivery in person, (b) by a nationally recognized next day courier service, (c) by first class, registered or certified mail, postage prepaid, or (d) electronic mail. Delivery shall be made to the address or electronic mail address, as appropriate, of the party specified in this Agreement or such other address or electronic mail address as either party may specify in writing. Such notice shall be effective upon (a) the receipt by the party to which notice is given or (b) on the third day following mailing, whichever occurs first.
15. ENTIRE AGREEMENT
This Agreement (including attachments) contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
This Agreement may be modified or amended if the amendment is made in writing and is signed by all parties.
The headings contained in this Agreement are strictly for convenience, and shall not be used to construe meaning or intent.
The failure of any party to require strict compliance with the performance of any obligations and/or conditions of this Agreement shall not be deemed a waiver of that party’s right to require strict compliance in the future, or construed as consent to any breach of the terms of this Agreement.
20. FORCE MAJEURE
A party shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. Upon occurrence of any force majeure event, the party relying upon this provision shall give notice, as soon as feasible, to the other party of its inability to perform or of delay in completing its obligations.
21. APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of Michigan, and any disputes arising from it must be handled exclusively in the County of Wayne, Michigan.
22. COUNTERPARTS, SIGNATURES
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and which collectively shall constitute one agreement. Use of fax, email and electronic signatures shall have the same force and effect as an original signature.