CANCELLATION.
BY CLIENT. The Client may cancel this Contract at any time. If the Client cancels in no less than 30 days before the Event, they will be entitled to a 50% refund of monies paid beyond the retainer. If Client cancels within 30 days prior to the Event, they will not be entitled to a refund; but can reschedule the event or apply funds to a future Event.
BY PLANNER. The Planner may cancel this Contract at any time. If the Planner cancels, they must provide a suitable replacement Planner. In the alternative, the Planner shall refund all monies previously paid by the Client.
TERMINATION/LIABILITY CLAUSE. Rashidah Hoffman DBA Latitude Event Planning LLC will not be held responsible for any acts of nature or other forces beyond his/her control that may affect the delivery and/or quality of the services described in this contract. This includes but is not limited to weather-related incidents, a government shutdown, a pandemic, or any other disaster.
The Planner will not be held responsible for failure to provide event services due to emergencies, catastrophes or interruptions of public utilities. The planner cannot be held responsible for power outages and problems beyond control and is not responsible for damage to persons or property cause by Acts of God/nature or other forces.
Both parties shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to unforeseeable causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, pandemics, government orders (each a “Force Majeure Event”). Upon occurrence of any force majeure event, the affected party shall give verbal notice to the other party of its inability to perform or of delay in completing its obligations. A Force Majeure Event cannot be used to excuse Clients breach of its payment obligations or modify the cancellation policies under this contract. However, any amounts paid to Company up to the date of the Force Majeure Event (minus fees for labor, custom items, and any other billable occurences in which the planner cannot recoup funds for) will be available for transfer to another event within the 1 year period following the originally scheduled Rental Date.
CONTRACT/PLANNING AMENDMENTS. Any changes to centerpieces, linens, the addition of tables and/or seating, rentals and any other negotiated Event specifics will change the initial agreed upon fee that had previously been quoted.
DURATION OF HIRE/RENTAL. As standard, this agreement is for 24 hours or the course of the event, whichever is shorter. If setup is required in another venue, access to the venue in advance of the event is required which would be a MINIMUM of 2 HOURS but can vary depending on the event; access after the event is required for the collection of hired items. It is the Client’s responsibility to ensure there is access to the venue before and after the event at the agreed times. Access failure may result in changes to the agreed upon design, and subject to fees as it may affect the next Client’s booking.
INDEMNITY CLAUSE. Except with respect to claims arising from a Party’s separate negligence or willful acts, which shall remain that Party’s personal obligation, each Party agrees to defend, indemnify and hold harmless the other Party and its directors, officers, and employees with respect to a claim arising from the Party’s actual or alleged act, failure to act, error, or omission in the performance of their obligations under this Agreement or any governing law or regulation.
PHOTO RELEASE. The Planner may display and use any photographs from your event for advertising, display, website and internet promotion at our discretion.
RENTALS. Planner agrees to rent to Client the items provided for the purpose of the Event and are made part of this agreement, on the date(s) listed.
Damages include, but are not limited to chipped, cracked or broken items, stained and dirtied upholstery or fabric that are beyond normal wear and tear, loss or damage due to theft, burglary, misuse, abuse, theft by conversion, intentional damage, disappearance, or loss due to Client’s failure to care for the Rental Items, including damage as a result of leaving Rental Items out in the rain or in a sprinkler system. Client shall be responsible for the full replacement cost of damaged or lost Rental Items and if fabric and upholstered items are returned stained, the cost of cleaning. Client will be held accountable for any items removed/taken/stolen that were used as part of the event and its details. Items are being provided on the basis of a rental, unless specified as a custom item and/or authorized by the Planner to be taken by the Client. In the event of theft, prosecution will be executed as warranted.
DISPUTE RESOLUTION AND LEGAL FEES. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to attorneys’ fees.
HEADINGS. The headings contained in this Agreement are strictly for convenience, and shall not be used to construe meaning or intent.
SEVERABILITY. In the event that any provision of this Contract is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Contract and all other provisions should continue in full force and effect as valid and enforceable.
LEGAL FEES. In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
LEGAL AND BINDING CONTRACT. This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Contract.
GOVERNING LAW AND JURISDICATION. The Parties agree that this Contract shall be governed by Missouri law. The Parties agree to the terms and conditions set forth above as demonstrated by their electronic signatures as follows: