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Wedding Bridal Consultant Agreement

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Wedding Bridal Consultant Agreement Powered By Docstoc
					This document sets forth a template contract to be entered into between a consultant
and a bride and groom for wedding consultation services. The parties can customize
this agreement to specify which duties the consultant will have, the rate charged, and
the location that the services will be rendered. In addition, this agreement defines
which party will bear the costs for third party charges. This agreement can be used by
small businesses that offer wedding consultation services, or by engaged couples
looking to hire a wedding consultant.
                         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 bride and grooms names.] (jointly and severally hereinafter
referred to as "Client"), and _____ [Instruction: Insert consultant’s name.]
("Consultant").
                                    WITNESSETH:
WHEREAS, Consultant is recognized as a bridal and wedding day consultant; and
WHEREAS, the 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 the 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 _____. [Comment: Insert specific
      duties Consultant shall have under Agreement, including any pre or post
      wedding duties, as well as wedding day duties. State with as much specificity
      as possible the date, time, etc.]
   2. Consultant, in its sole discretion, may retain the services of a qualified _____
      [Instruction: Insert any additional services which Consultant may retain to
      perform services.] firm to assist with or to provide the required services.
      [Comment: Parties should state here who will pay for additional required
      services.]
   3. For all services that Consultant renders to the Client the 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. Client understands, acknowledges and agrees the above quoted fee is
      exclusive of any wedding related errands, such as obtaining clothing, deliveries,
      etc., for which Client will be charged an hourly fee of $_____, [Instruction:
      Insert fee.] in addition to any fee set forth herein. [Comment: This paragraph
      should be revised to reflect actual agreement between parties concerning
      fees.]
   4. [Optional: If expenses are to be paid, same 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


© Copyright 2012 Docstoc Inc.                                                             2
      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.
   5. The parties hereto agree this Agreement is for consulting services within _____.
      [Instruction: Insert geographical region, for example, the United States.] Any
      material to be created by Consultant or services to be performed by Consultant on
      Client’s behalf for any area outside the foregoing shall be pursuant to a separate
      agreement, or a modification or amendment of this Agreement.
   6. Client will make all payments to its selected vendors directly, and Consultant
      shall bear no liability for same. Further, Consultant makes no representation or
      warranty as to any or all of the chosen vendors’ products and/or services and/or
      performances.
   7. 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 wedding.
   8. In the event the wedding is cancelled, any refund shall be limited to unearned
      fees, funds in excess of unearned fees, non-refundable fees. In the event the
      wedding is cancelled within seven days of the scheduled date, other than due to
      the death of an immediate family member, there will be no refund. In the event
      the wedding takes place, there will be no refund of any fees.
   9. In no event shall Consultant be liable to Client for Client’s lost profits, or special,
      incidental or consequential damages (even if Consultant has been advised of the
      possibility of such damages). 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.
   10. 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.
   11. 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,



© Copyright 2012 Docstoc Inc.                                                               3
      the remaining provisions, and any partially enforceable provision to the extent
      enforceable in any jurisdiction, shall nevertheless be binding and enforceable.
   12. The rights and obligations of the 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 the Client. The rights, obligations and duties of Consultant hereunder
       may not be assigned or delegated without the 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.
   13. The Consultant represents and warrants to the 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.
   14. The 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. The Consultant further
       acknowledges that the Client will not at any time withhold any taxes from the
       Client’s payments to the Consultant under this Agreement for the purposes of
       income tax or any other applicable taxes.
   15. [Comment: This language is optional, but also should be carefully reviewed if
       used to ensure the drafter language is correct as applied to the particular
       situation of the parties.] The Client acknowledges that this Agreement was
       prepared by counsel for the Consultant and that it may contain terms and
       conditions onerous to Client. The 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 the 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.
   16. 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 pr
				
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Description: This document sets forth a template contract to be entered into between a consultant and a bride and groom for wedding consultation services. The parties can customize this agreement to specify which duties the consultant will have, the rate charged, and the location that the services will be rendered. In addition, this agreement defines which party will bear the costs for third party charges. This agreement can be used by small businesses that offer wedding consultation services, or by engaged couples looking to hire a wedding consultant.