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Event Planning Consultant Agreement

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Event Planning Consultant Agreement Powered By Docstoc
					This document sets forth a template contract to be entered into between a consultant
and an individual for the provision of event planning services. This form contains both
standard clauses and opportunities for the use of optional terms and conditions. This
form is designed for use by consultants providing event planning services and could
easily be modified to provide event planning services to a company.
                                CONSULTING AGREEMENT
THIS CONSULTING AGREEMENT (“Agreement”) is made and entered into as of the ___
day of _____, 20__, [Instruction: Insert date.] by and among _____ [Instruction: Insert client
names.] [Optional – insert the following language if more than one client – (jointly and
severally hereinafter referred to as “Client”)], and _____ [Instruction: Insert consultant’s
name.] (“Consultant”).
                                        WITNESSETH:
WHEREAS, Consultant is recognized as an experienced event coordinator; and
WHEREAS, Client desires to retain Consultant to provide services related to and in support of
efforts in which Consultant has expertise; and
WHEREAS, Consultant is in the business of providing such consulting services and has agreed
to provide the services in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of this Agreement and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
   1. Consultant shall furnish Client with his best advice, information, judgment and
      knowledge with respect to the services related to and in support of efforts in which
      Consultant has expertise which is to be provided in accordance with this Agreement.
      Specifically, Consultant shall _____.     [Instruction: Insert specific duties Consultant
      shall have under Agreement, including any pre or post event duties, as well as duties
      at event. State with as much specificity as possible the date, time, etc.]
   2. For all services that Consultant renders to Client, Client will pay Consultant $_____,
      payable as follows: _____ [Instruction: Insert payment schedule.]. Such fee is for
      ___ [Instruction: Insert number.] hours. Additional hours shall be charged at a rate of
      _____ per hour [Instruction: Insert rate.]. Late payments by Client shall be subject to
      late penalty fees of _____% [Instruction: Insert number.] per month from the due date
      until the amount is paid. [Comment: This paragraph should be revised to reflect
      actual agreement between parties concerning fees.]
   3. The event shall be scheduled as follows: _____ [Instruction: Insert event information,
      including date, place, time, etc.]
   4. [Optional: If expenses are to be paid, details of the expenses and the payment
      method should be carefully set forth in this paragraph.] Client also agrees to pay
      Consultant’s fees for all third party charges incurred on Client’s behalf for the production
      and purchase of items including but not limited to advertising materials and programs,
      including, without limitation, typography, engraving, printing, photographs, artwork,
      comprehensive layouts, paste-ups, mechanicals, photo boards, research, film, video tapes,
      editing, musical compositions and arrangements, radio and television programs and
      facilities, talent, props, scenery, sound and lighting effects, at our net cost. Client shall
      reimburse Consultant for all travel expenses, including but not limited to hotels, meals,
      etc., in connection with servicing Client’s account. Such reimbursement shall not be
      limited to the above, and may include special services and charges originated on Client’s
      behalf by Consultant, incurred in servicing Client’s account.



© Copyright 2013 Docstoc Inc.                                                             2
   5. Client will make all payments to its selected vendors directly, and Consultant shall bear
      no liability for the same. Further, Consultant makes no representation or warranty as to
      any or all of the chosen vendors’ products and/or services and/or performances.
   6. Client will inform Consultant as soon as possible as to the contact information of any
      vendor with whom Client enters into an agreement for services to be provided in
      connection with the event.
   7. In the event the event is cancelled, any refund shall be limited to unearned fees, funds in
      excess of unearned fees, non-refundable fees. In the event the event is cancelled within
      seven (7) days of the scheduled date. There will be no refund once the event takes place.
   8. Consultant's total liability under this Agreement for damages, costs and expenses,
      regardless of cause, shall not exceed the total amount of fees paid to Consultant by Client
      under this Agreement. Client shall indemnify Consultant against all claims, liabilities
      and costs, including reasonable attorney fees, of defending any third party claim or suit,
      other than for infringement of intellectual property rights, arising out of or in connection
      with Client’s performance under this Agreement. Consultant shall promptly notify Client
      in writing of such claim or suit and Client shall have the right to fully control the defense
      and any settlement of the claim or suit.
   9. In the event of a breach hereunder and a failure to cure such breach within thirty (30)
      days of written notice of such breach, this Agreement may be terminated by either party
      upon written notice.
   10. The provisions of this Agreement are severable, and if any one or more provisions may
       be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining
       provisions, and any partially enforceable provision to the extent enforceable in any
       jurisdiction, shall nevertheless be binding and enforceable.
   11. The rights and obligations of Client under this Agreement are joint and several and shall
       inure to the benefit of and shall be binding upon the successors and assigns of Client.
       The rights, obligations and duties of Consultant hereunder may not be assigned or
       delegated without Client's prior written consent except that Consultant may assign its
       interest to a company formed by Consultant for the purpose of providing such services.
   12. Consultant represents and warrants to Client that he/she is under no contractual or other
       restrictions or obligations which are inconsistent with the execution of this Agreement, or
       which will interfere with the performance of his/her duties or provision of services
       hereunder. Consultant represents and warrants that the execution and performance of this
       Agreement will not violate any policies or procedures of any other person or entity for
       which he/she performs services concurrently with those performed herein.
   13. Consultant acknowledges and agrees that it shall be solely responsible to pay any and all
       incomes taxes on any moneys earned from Client while performing services
       contemplated under this Agreement. Consultant further acknowledges that Client will
       not at any time withhold any taxes from Client’s payments to Consultant under this
       Agreement for the purposes of income tax or any other applicable taxes.
   14. [Comment: The following language is optional, but also should be carefully reviewed
       if used to ensure the draft language is correct as applied to the particular situation
       of the parties.] Client acknowledges that this Agreement was prepared by counsel for


© Copyright 2013 Docstoc Inc.                                                             3
      Consultant and that it may contain terms and conditions onerous to Client. Client
      expressly acknowledges that Consultant has given it adequate time to review this
      agreement and to seek and obtain independent legal advice, and represents to Consultant
      that it has in fact sought and obtained independent legal advice and is satisfied with the
      terms and conditions of this Agreement. Any terms herein which may be determined to
      be ambiguous shall not be construed against Consultant. Rather, the parties shall be
      deemed to have equal bargaining power and such terms shall be deemed to have been
      negotiated by and between the parties.
   15. Any notices or other communications required or permitted under this Agreement shall
       be in writing and shall be deemed to have been duly given and delivered when delivered
       in person, two (2) days after being mailed postage prepaid by certified or registered mail
       with return receipt requested, or when delivered by overnight delivery service or by
       facsimile to the recipient at the following address or facsimile number, or to such other
       address or facsimile number as to which the other party subsequently shall have been
       notified in writing by such recipient:
          If to Client:
                  [Instruction: Insert Client notice information here.]
          If to Consultant:
                  [Instruction: Insert Consultant notice information here.]
   16. Either party's failure to enforce any provision or provisions of this Agreement shall not in
       any way be construed as a waiver of any such provision or provisions as to prior or future
       violations thereof or of any other provision of this Agreement, nor prevent that party
       thereafter from enforcing each and every other provision of this Agreement. The rights
       granted the parties herein are cumulative and the waiver by a party of any single remedy
       shall not constitute a waiver of such party's right to assert all other legal remedies
       available to him or it under the circumstances.
   17. This Agreement will be governed by and interpreted in accordance with the substantive
       laws of the State of _____ [Instruction: Insert state.] without reference to conflicts of
       law. [Comment: Parties may wish to consider including alternative dispute
       resolution provisions.]
   18. The various captions and section headings contained in this Agreement are inserted only
       as a matter of convenience and in no way define, limit or extend the scope or intent of
       any of the provisions of this Agreement.
   19. The pronouns used herein shall include, where appropriate, either gender or both,
       singular and plural.
   20. With respect to its subject matter, this Agreement constitutes the entire understanding of
       the parties superseding all prior agreements, understandings, negotiations and discussions
       between them whether written or oral, and there are no other understandings,
       representations, warranties or commitments with respect thereto.
   21. This Agreement may be signed in one or more counterparts, each of which when
       exchanged will be deemed to be an original, binding upon the parties as if a single
       document had been signed by all, and all of which when taken together will constitute the



© Copyright 2013 Docstoc Inc.                                                             4
       same agreement. Any true and correct copy of this Agreement made by customary,
       reliable means (e.g., photocopy or facsimile) shall be treated as an original.
   22. No modification to this Agreement, nor any waiver of any rights, will be effective unless
       assented to in writing by the party to be charged.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date
first written above.


_________________________
Consultant


_________________________
[Instruction: Insert Client signature block]




© Copyright 2013 Docstoc Inc.                                                           5

				
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Description: This document sets forth a template contract to be entered into between a consultant and an individual for the provision of event planning services. This form contains both standard clauses and opportunities for the use of optional terms and conditions. This form is designed for use by consultants providing event planning services and could easily be modified to provide event planning services to a company.