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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.
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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