Performance Conditions & Terms
Wedding & Event Planning, Production & Services Agreement
To describe the terms and conditions under which "Planner" will provide individual consulting, design, and implementation services (the “Services”) to "Client" in connection with the client's wedding or event on DATE.
Scope of work: It is at this moment agreed to and understood that "Planner," in exchange for remuneration as outlined in this Service Agreement, I "Planner" will provide the following services:
General Planning; Budget Projection; Event Styling and Design. Assistance with Vendor Selections concerning: Venue Selection; Catering; Beverage and Bar; Cake and Desserts; Photo and Video; Music and Entertainment; Floral; Decor, Rentals, and Linens; Invitations and Stationery; Transportation.
As a client of Unique Event Designs, you will have access to an online planning portal that has planning checklists, your detailed budget, copies of your vendor contracts, meeting notes, photos from any mock-ups, and other tools to help you throughout the planning process.
UED TEAM will review all vendors’ proposals and carefully selected with the client the best-suited vendor for the event.
UED TEAM will work with the already selected/contracted vendors, venue, etc. The UED TEAM will work to organize and oversee all necessary plans and details to execute all events for the scheduled celebrations and events throughout the timeline.
Please be advised that if the number of your guest counts increases, the final balance of each vendor will increase accordingly.
UED TEAM will generate a working spreadsheet that will enable you to continuously see your working budget.
A complete timeline for each event will be generated by UED TEAM and will be made available to all of the contracted vendors.
UED TEAM and production staff will handle all pre-production meetings (video calls, and correspondences) with all vendors.
UED TEAM will be on-site throughout the duration of the events and will oversee all of the logistics and managing the flow of the parties. UED TEAM staff will also be overseeing all of the contracted vendors per event throughout each day.
The total event planning fee agreed upon is $4999.24. A non-refundable RETAINER fee of $1500.00 is required to secure us as your "Planner" for the event. This amount shall be subtracted from the event planning fee. The remaining balance of the event planning fee must be paid in full BEFORE the start of your event (unless other arrangements are accepted by "Planner", any payments received less than (90) ninety days before the event must be by cash. Personal checks are accepted up to (90) ninety days before the event. All checks shall be made payable to Unique Event Designs, LLC.
Now, therefore, in consideration of the other promises exchanged in this agreement, the parties agree as follows:
"Planner" shall arrive at the event location at an agreed-upon time to meet the creative partners at least three hours before the start of the event.
"Client" fully understands and agrees that "Planner" shall not be responsible or held liable in the event "Planner" is prohibited from providing event 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 event. The Event Planner will make every attempt to notify and to provide a substitute Event Planner who can provide services if time and resources permit. In any event, the Event Planner, his agents shall NOT be held liable for any compensation or any damages (including punitive) due to non-performance of any event services resulting from such incapacitations, non-arrival, errors, and omissions of any type.
"Planner" gives permission and shall allow "Client" to use any photographs, videos, or other recording media in which the "Planner" is in, or part of, in any manner or for any purpose they wish.
This agreement or any attachments to the entire agreement between the parties. No other representations or promises have been made except those that are set out in this agreement. If any part of this agreement is adjudged invalid, illegal, or unenforceable, the remaining portions shall not be affected and remain in full force and effect.
"Planner" agrees to perform services for the "Client" as listed above for their chosen date of service. "Planner" will provide a fully accessible program for the "Client" to access all details concerning their said event described in an email referenced as "Our Process" received by each "Client."
"Planner" agrees to provide the following services to the "Client" in consideration of the amount specified in the section titled fees.
"Client" understands that they are responsible for paying for "Planner" products and services in full.
"Client" shall not change the date, time, or location of the event as listed in this agreement without first contacting and advising "Planner" of said change to determine if "Planner" is still available to provide services.
If the "Client" does change the date, time, or location of the scheduled event and "Planner" is unavailable to provide services, then "Planner" is released from all contract obligations, and shall in no way be held responsible or liable in any manner whatsoever for non-performance. "Client" also forfeits the "Planner" fee for non-compliance with this agreement.
A Retainer Fee MUST be paid in advance and is required, along with a signed contract, to book a date and time for an event. Retainer fees are not refundable should the event be canceled for any reason.
If the balance is not received before the event date, then the time and date of reservations are canceled and may be booked by other parties, without exception, and without notice. Bookings made with less than 21 days remaining until the event require a 100% non-refundable payment. Should reservations be canceled with 21 days or less remaining before the event date, payment in full is required to avoid legal action. Payments made in full at the time of retaining "Planner" services are forfeited in full if the reservation is canceled inside of 21 days of any event date.
For events that are over 50 miles round trip from the "Planner" business location, there will be an additional travel fee to be determined by "Planner" depending on location. This fee will be at the discretion of the "Planner" in special and non-profit event situations to omit.
The client accepts responsibility for purchasing items needed for the event. If the client requests any special provisions or services from "Planner," these details shall be submitted in writing no later than three weeks before the event date. The features and fee structure will then be noted in an addendum to this contract and paid upfront.
It is agreed that the "Client" will take reasonable steps to protect the "Planner," their personnel, and equipment during the contracted period. In the event of injuries or damages resulting from insufficient protection on the Client’s part (except in the case of gross negligence on the part of the "Planner" ), the Client will be responsible for paying for all of the "Planner" or their personnel resulting costs (including, but not limited to, insurance deductibles, medical treatment) that are not reimbursed by insurance.
"Client" will work with "Planner" regarding the services to be rendered hereunder and will provide any necessary information, including each booked vendor contact information, the contact information of each guest, each wedding party member, and dates for "Planner" to efficiently perform the services outlined in this agreement.
The client shall pay any charges imposed by the venue. These charges may include but are not limited to, parking, use of electric power, etc.
Terms of Service Agreements
A Non-refundable RETAINER (35% of Total) is required at the signing of any contract. The terms concerning payment options and the schedule of payments will be outlined in your quote, service contract, on all Invoices sent by email for digital approval.
At the time of purchase, all services requested were priced and invoiced for payment and required a digital signature. Any services added after that will require a new invoice and digital signature. Items or services requested less than 30 days to the event, require full payment in CASH, and an invoice receipt with a signed digital signature will be sent via email.
One * (100%) Payment Made in Full. If the client would like to pay in full, they may do so by making payment at the time of signing their contract, or they may make their initial deposit and pay the remaining balance two weeks from said date. In doing so, "Planner" will offer an Industry standard discount of 5% off, plus an additional 5% as a "Thank you" off of our event fee cost.
Two * (50/50) Payment Made in two parts. Fifty percent of the costs are due at the signing of this contract, and the second payment will be due in (90) Ninety Days ( if, the timeline allows). In doing so, "Planner" will offer an Industry standard discount of 5% off of our event fee cost.
Three * Payment Arrangements. No discounts are available on this option. Our Payment plan is After making your Non-Refundable RETAINER (35% of total) and the remainder is split into an equal amount over a maximum of 3 payments (if, the timeline allows.)
Any late invoices will be charged 2% per monthly billing cycle (20% APR) for delinquent accounts until paid in full. In the event of past due or non-payment of fees as indicated in the Payment Schedule, and Payment Terms, "Client" understands that unless payment due is made to "Planner," by the third (3rd) day after it's the due date, we reserve the right to suspend services till all said payments are made. If any of your contracted services are suspended for non-payment, "Planner" cannot guarantee the on-time availability of products, services, or quality. "Planner" reserves the right to terminate this Service Agreement by written notice for any account past due 30 days. In the event of cancellation by "Planner" due to non-payment by "Client," all payments made to "Planner" by the "Client" will be considered fees for services to date. In the event of non-payment, "Planner" retains the right to attempt collection through all legal and permissible means. "Client" will be responsible for all court fees, legal fees, and collection costs incurred by the "Planner." It is further agreed to and understood that the "Client" will be charged $50 for each returned check plus a $10 service charge for each collection notice.
Date Change, Postponement, or Cancellation Due to COVID-19: In the event of a date change, postponement, or cancellation of the event due to COVID-19 restrictions, the payment amount made up to that date for the above-referenced event shall still not be refundable, however, if such regulations changes occur at least 72 hours before the event start, then Unique Event Designs, LLC agrees to transfer received monies paid under this contract to either a new event date or apply the received funds towards an entirely new event in the region. The remaining open balances for the planned event date will shift to the newly scheduled date.
Since our services are primarily time and planning, we do our best to provide a refund policy that takes this into account.
"Client" may cancel the Agreement by giving written notice to your "Planner." All cancellations will result in the forfeiture of the non-refundable retainer for the event. Should the Event be canceled by "Client" (except due to force majeure or due to "Planner" material breach of this Agreement), 1) "Client" decision would constitute a breach of its contracted obligation to "Planner," and "Client" agrees "Planner" would be harmed and 2) the "Client" shall also pay "Planner" liquidated damages (not as a penalty), within thirty (30) days after written notification to "Planner" of cancellation, according to the following schedule:
This agreement cannot be canceled except by the mutual written consent of both the Client and "Planner." If cancellation is initiated by the "Client" in writing and agreed to by the "Planner" in writing, the Client will be required to pay any unrecoverable costs already incurred by the "Planner" (but not more than the total service fee agreed upon). All cancellations to this contract require written notification either by mail or email.
The client further understands and agrees that Client shall also pay a cancellation fee, which may be charged automatically to the Client under the Credit Card Authorization:
If canceled more than 120 days before the event, the Client shall pay 10% of the remaining balance of the event contract;
If canceled 90 to 120 days before the event, the Client shall pay 15% of the remaining balance of the event contract;
If canceled 60 to 89 days before the event, the Client shall pay 20% of the remaining balance of the event contract.
If canceled less than 60 days before the event, the Client shall be responsible for the entire remaining balance of the event contract.
The client further understands that, if the Client cancels the Event at any time after the execution of this Agreement, the Client shall be responsible for any additional amounts owed to Unique Event Designs' third-party vendors in connection with the Event.
Force Majeure Events: If acts of God, government authorities, natural disasters, health crisis, or other unanticipated circumstances beyond a party’s reasonable control make it illegal or impossible to provide the facilities or services for the Client’s event, the affected party may postpone this Agreement without liabilities of the above cancellation provision by providing written notice to the other party. Any payments made to Unique Event Designs, LLC we will credit towards a new date.
If "Planner" is unable to attend events or complete the contract due to illness, the Planner will make reasonable efforts to provide a replacement with capabilities and experience to finish the tasks, if time allows Planner to do so. In any event, the "Planner," 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 omissions of any type.
Down-grading services, once both parties have signed this agreement, will not be honored.
"Planner" now reserves and retains the right to cancel any or all of the above Services with or without cause by providing written notice to the "Client." In the event "Planner" elects to terminate or revise this Agreement, and deposits will be refunded to "Client" within thirty business (30) days of notice of termination.
The refund will be in the form of a Cashier's Check.
In the event "Client" cancels services, there shall be no refund of retainers or deposits due to the reservation of the event date. Also, there shall be no refund to any additional payment made and will be considered payment for services rendered to date. "Planner" will also provide prompt accounting and billing of services to-date, including, but not limited to, Reservation Booking Fees for creative partners booked for said wedding/ event date, items purchased on behalf of the "Client" and any other applicable charges for reimbursement payment.
In the event there is a cancellation due to military deployments, canceled leave, or a change of PCS or TDY orders, we will reschedule the contract with a written notification letter and official orders attached. We will not charge any additional fees or penalize you for a postponement of a wedding. We will reschedule your wedding date and accommodate you with another acceptable date and time that allows us to carry over based on the availability of our schedule. However, in the event, one of you becomes deceased due to the act of war or military service, we will return and refund any unused consultation hours and the wedding day hours, as stated in this contract as a sign of respect and honor.
No confidential information about either party shall be released for purposes other than to facilitate said contracted wedding/ event to includes social media unless agreed to specifically in other sections of this agreement for the sole purpose of advertisement of "Planner" services or a review given by "Client" for the services rendered. All confidential personal information acquired before, during, or after this agreement is CONFIDENTIAL INFORMATION. A detailed audit will be kept of all written, and any phone conversation, which "Client" agrees may be recorded by "Planner" at any time. _____ (Initial)
The Definition of “Confidential Information,” means the terms or conditions of this agreement and any other confidential, proprietary information, including information relating to the financial or personal data relating to either party, identified by the disclosing party as its Confidential information, whether in oral, written, graphic, or electronic form.
"Planner" is not liable for the security of the event, damages, or any losses that may occur. "Planner" will make referrals, but the final selection of Creative Partners is up to the "Client." "Planner" is not to be held liable for any actions, or nonperformance of any Creative Partners, or their parties. If problems arise, "Planner" will try to work things out between "Client" and the Creative Partner.
"Planner" shall provide its services to meet its obligations under this agreement in a timely and professional manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the "Planner" industry, and will provide a standard of care equal to, or superior to, the care used by service providers similar to "Planner" on similar projects.
"Planner" make No guarantees on outdoor functions where the weather is a consideration.
Payments to Third-Party Creative Partners
"Planner" will require a signed authorization to make deposits and payments to selected creative partners on the "Client" behalf. "Client" agrees to provide "Planner" with necessary funding or credit card information to perform these services on the "Client" behalf. "Planner" will provide a detailed audit of every transaction conducted on the "Client" behalf, including date, amount, the name of the Creative Partner, and the reason for the purchase. Written consent will be required and documented for this service.
The occurrence of any of the following shall constitute a material default under this Agreement:
A.The failure to make a required payment when due.
B. The insolvency or bankruptcy of either party.
C. The subjection of any of either party’s property to any levy, seizure, the general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
D. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
In addition to all other rights, either party may have available according to the law, if a party defaults by failing to perform any provision substantially, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail and the nature of the default. The party receiving such notice shall have 30 days from the date of such notice to cure the default(s), and could result in the automatic termination of the Agreement.
This Agreement is the exclusive agreement between the parties concerning the consulting arrangement between the parties. Any modification to this Agreement must be in writing and signed by both parties.
This Agreement shall be governed by and enforced by the laws of the State of Texas. This Agreement may not be assigned by either party without the prior consent of the other party, except that "Planner" may hire subcontractors to work with "Planner" in performing Services for "Client," as long as "Planner" has a written nondisclosure agreement with the subcontractor concerning the Services.
Testimonials and Photos
"Client" agrees "Planner" may publish their words on its Web site and company literature and may publish any photos that "Planner" has taken at the event referenced hereof. "Client" agrees to secure permission from the professional photographer used on the wedding/ event day. If any photos taken by a professional photographer are given to "Planner" for use in literature, said the photographer had been secured. "Planner" is not responsible for copyright infringement on any of its promotional materials, including company literature and its Web site, if the Client has provided photos for use by "Planner" without securing permission from the professional photographer used at the wedding or event day.
An Off-Duty Police Officer may be required, in most cases, when alcohol is being served at an event.
A Sober Transport Service will be required and paid for assisting any guest in making it to their home or hotel room safely, thus not allowing anyone to drive under the influence.
We understand the celebration going on concerning any event. To keep all guests safe, we DO NOT allow severe alcoholic consumption of any kind before or during any event for liability purposes. Should severe alcoholic consumption be observed before or during any event, the following could happen:
A.) No more alcoholic beverages will be allowed to be consumed by the guest or family member;
B.) As not to impede the event from happening, the guest or family member may need to leave the function. If the said person is Public Intoxication, the officer will be informed, and sober transport will take the said person to their home and or hotel room, whichever is closer or a solution for their safety.
C.) If the Intoxicated person(s) is either a Bride or Groom, the event cannot proceed Legally. Being under the influence would negate the terms of your marriage license. The deposit will be forfeited. The event will need to reschedule for a later date and time.
(***A penalty fee of $150 is required before the rescheduled event).
If you are interested in assistance in writing your vows, we can assist you. Your ceremony is your special moment, and you will want to express your personal feelings. Once you have your vows, Please send a copy at least one week before your wedding day so that we may have a copy on hand in case of loss or misplaced original.
All Correspondence from now on must have your “YYYYMMMDD – Client Event Title” in the ‘Subject’ line. We use the date as the file number to keep all information correct and organized. (Vows, questions, news, etc.).