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This is an agreement between an event planner and a company for the planning, organization, and management of an event. This document allows the company to attach a description of the event under Schedule A. As drafted, the dispute resolution provision contains an attorneys’ fee clause. This form contains both standard clauses and opportunities for the use of optional terms and conditions making it fully customizable to fit the needs of the contracting parties. Companies should use this form when hiring an event planner for a large company event.
This is an agreement between an event planner and a company for the planning, organization, and management of an event. This document allows the company to attach a description of the event under Schedule A. As drafted, the dispute resolution provision contains an attorneys’ fee clause. This form contains both standard clauses and opportunities for the use of optional terms and conditions making it fully customizable to fit the needs of the contracting parties. Companies should use this form when hiring an event planner for a large company event. EVENT PLANNER AGREEMENT THIS AGREEMENT (hereinafter referred to as the “Agreement”) is made as of the ____ day of __________________, 20____ between __________________, located at ___________________, (hereinafter referred to as the “Company”) and_______________________, located at _____________________, (hereinafter referred to as the “Event Planner”) at times referred to as “The Parties”. RECITALS WHEREAS, the Company is organizing a ________________ (the “Event”) to be held on or about the ___ day of __________, 20____, in __________ (City), ___________ (State). Company seeks to hire the Event Planner as the principal planner of the Event and to provide Company ______________________________ (insert a general description of services to be provided by the Event Planner). NOW THEREFORE in consideration of the mutual covenants and agreements contained herein, the receipt and adequacy of which is hereby acknowledged, the Company and the Event Planner agree as follows: I GENERAL PROVISIONS 1.1 The Event Planner will act as planner of the Event and will provide the services described in Schedule A attached hereto. [Instruction: Schedule A should be a detailed description of all services to be performed by Event Planner] 1.2 The Event Planner will be responsible for the planning, organization and management of all details necessary for the performance of the services outlined in Schedule A, including but not limited to the Event site, negotiating any leases or obtaining any permits or licenses, parking, insurance, the rental or leasing of any equipment and the negotiating of fees and services to be provided by any contractor, vendor or other service provider. 1.3 The Event Planner agrees to use the Company’s name, logo or trademark in any material used by the Event Planner in promotion of the Event, including but not limited to any public announcements in newspapers, magazines, billboards, tickets or television or radio announcements. The Event Planner further agrees to only use the Company’s name, logo or trademark in connection with the Event and for no other purpose or purposes without the prior written consent of the Company. 1.4 The Company agrees to use the Event Planner’s name, logo or trademark to provide recognition of the Event Planner as the planner of the Event. 1.5 The Event Planner agrees that any promotional material it uses to promote the Event will be paid for and prepared by ______________________ unless otherwise agreed to in writing by the Parties. Any promotional material used by the Event Planner will be pre-approved by the Company at least _______ (___) business days prior to the distribution of such promotional material by the Event Planner. 1.6 The Parties agree that should the Event be cancelled after promotional material has been distributed, then ______________ agrees to purchase advertising space to announce the cancellation of the Event.[Applicable if this is a public event] These terms and conditions do not apply should the Event be cancelled for reasons of force majeure as described in Paragraph 3.3. 1.7 The Event Planner hereby agrees that any and all work conducted at the Event site shall be performed in accordance with all applicable laws of the governing jurisdiction to provide a safe working environment for the Event workers and the general public. 1.8 The Parties acknowledge that the Event Planner is an independent contractor with respect to the Company and has no authority or power to incur debts, obligations or commitments of any kind whatsoever for or on behalf of the Company, or to bind the Company to any contract, agreement or employment agreement, unless specifically requested in writing by Company. 1.9 The Event Planner acknowledges that any person or persons retained by the Event Planner to work on or at the Event, will be employees of the Event Planner and the Event Planner will be solely responsible for any and all salary, wages, insurance and other benefits to which such employee(s) would be entitled under applicable laws, including but not limited to worker’s compensation insurance, employment taxes and other deductions as may be required under law. 1.10 Unless noted herein, Company will pay all third party vendors and service providers directly for any services or products purchased by Company for the Event, regardless of the fact that the Event Planner arranged, hired, or ordered the services or products at Company’s request. The Event Planner agrees to submit written estimates for any services or products requested by Company that exceed____________Dollars ($_______). If Company does not object to a written estimate in a timely manner, it shall be deemed approved. II PAYMENT OF SERVICES 2.1 Company shall pay the Event Planner for the Services rendered as follows: A. [Insert payment terms, including whether the project will be based on an hourly rate, a flat project fee, or a combination of the two] B. [If applicable, insert deposit terms, for example 25% due upon signing, an additional 25% two weeks prior to the Event, etc.] C. [Insert markups Event Planner will be charging, including what specific items are subject to markup and the corresponding % of the markup] © Copyright 2013 Docstoc Inc. 3 D. [In the event that the Parties agree that Company will advance costs for third party services and products, then set forth the manner in which the costs will be advanced and the procedure for the Event Planner to pay the third party invoices directly] E. In the event that the Event Planner receives funds from Company as payment for third party services and products, said funds will be deposited in a separate trust account pending payment by Event Planner. 2.2 Event Planner will submit weekly invoices to Company for the Services performed. If Event Planner has incurred any third party costs, copies of the receipt, invoice, or statement reflecting the charges will be provided to Company along with the weekly invoices. 2.3 Company agrees to pay any all invoices submitted by the Event Planner within ______ (____) days of receipt of such invoices. III MISCELLANEOUS PROVISIONS 3.1 Insurance. The Event Planner agrees to provide Event insurance in the minimum amount of _______________________ ($_______) Dollars and further agrees to provide to Company a Certificate of Insurance or Insurance Binder from the Event insurer within _____________ (______) days prior to the commencement of the Event. [Instruction: If Company requires specific insurance coverage, for example, host and commercial liquor liability, additional insureds, failure to provide first aid, event cancellation, rented equipment, etc. list all insurance coverages on Schedule B] 3.2 Indemnification. The Event Planner agrees to indemnify and hold harmless the Company and its directors, officer, agents and employees from and against any and all claims, demands, actions, causes of action and other liabilities and expenses, including but not limited to attorney’s fees, arising out of or in connection with the Event, including but not limited to any such claims that may be asserted by any employees of the Event Planner, any contractor, vendor or other service provider for the Event, with the exception of any payments due for services or products for which Company has approved pursuant to Paragraph 1.10. This indemnification provision shall survive the term of this Agreement or any cancellation or abandonment of the terms and conditions contemplated herein. 3.3 Force Majeure. The Parties shall be excused from performance if the Event is canceled due in whole or in part to any cause beyond their reasonable control, including but not limited to, action or inaction of any government, war, civil disturbance, insurrection, sabotage, act of public enemy, labor strike, accident, fire, flood, storm or other act of God. 3.4 Successors and Assigns. The Parties agree that this Agreement shall be binding upon each of its successors and assigns and that this Agreement may not be assigned to a third party, without the written consent of the Company. © Copyright 2013 Docstoc Inc. 4 3.5 Confidentiality. The Parties agree that neither party shall without prior written consent authorize the other to disclose to any third party the terms and conditions of this Agreement, except as may be necessary to establish or assert rights hereunder, as required by the laws of the applicable jurisdiction or by court order. The Parties further agree that each of them may disclose any and all relevant information, on a confidential basis to the Company’s or the Event Planner’s attorneys, accounts or financial institutions. 3.6 Amendments. No modification, supplement, termination, or amendment to this Agreement may be made unless agreed to by the Parties in writing. 3.7 Notices. Any notice required or permitted to be given hereunder may be effectively given by letter delivered either by personal delivery, registered mail or by electronic means, addressed to the recipient as follows: In the case of the Company: _____________________________ _____________________________ Tel: (_____) __________________ Fax: (_____) __________________ Email: _______________________ in the case of the Event Planner: _____________________________ _____________________________ Tel: (_____) __________________ Fax: (_____) __________________ 3.8 Waiver. Any party which is entitled to the benefits of this Agreement may, and has the right to, waive any term or condition hereof at any time on or prior to the time when such term or condition is required to be fulfilled under this Agreement; provided, however, that such waiver shall be evidenced by written instrument duly executed on behalf of such party. The waiver by a party of any term or condition hereof shall not operate as a waiver of that party's rights under this Agreement in respect of any other term and condition (whether of the same or any other nature). 3.9 Governing Law and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of ___________________. Each of the Parties in any suit, action or proceeding arising out of or relating to this Agreement, irrevocably (i) submits to the jurisdiction of the State Courts of the State of _______ and the United States District Court for the district of ______________over any suit, action or proceeding arising out of or relating to © Copyright 2013 Docstoc Inc. 5 this Agreement, (ii) waives to the fullest extent enforceable under applicable law any objection which it may now or hereafter have to the above venue of any such suit, action or proceeding and any claim that any such suit, action or proceeding brought in such Court has been brought in an inconvenient forum, (iii) waives to the fullest extent enforceable under applicable law any objection which it may now or hereafter have to the above mentioned Court having jurisdiction of the Parties hereto and to the subject matter of this Agreement, and (iv) acknowledges that a final judgment in any such suit, action or proceeding brought in such Court, after all appropriate appeals, shall be conclusive and binding upon it. In any suit or arbitration regarding the Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs. In any suit or arbitration regarding the Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs. 3.10 Severability of Agreement. To the extent that any provision hereof is deemed unenforceable, all remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect. 3.11 Entire Agreement. This Agreement shall constitute the entire agreement between the Company and the Event Planner and will supersede all prior agreements, representations, warranties, statements, promises, information, arrangements and understandings, whether oral or written, express or implied, with respect to the subject matter hereof . The Company and the Event Planner shall not be bound or charged with any oral or written agreements, representations, warranties, statements, promises, information, arrangements or understandings not specifically set forth in this Agreement. IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as of the day and year first written above. (Company Name) (Event Planner Name) Name: Name: Title: Title: © Copyright 2013 Docstoc Inc. 6 SCHEDULE A © Copyright 2013 Docstoc Inc. 7
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