Event Planning Contract Agreement Template

Use Template

Event Management Agreement

 

This Event Management Agreement ("Agreement") is made and entered into on _________ by and between the following party planning the event _____________ with a mailing address of ___________ ("Planner"), and the following Party throwing the event _________ with a mailing address of ___________ ("Client") on the date of ___________ (“Effective Date”).

 

The parties agree to the following:

 

  1. Scope of Agreement. Client hereby retains Planner to provide professional event management services for the event described in Exhibit A attached hereto (the "Event"). Planner shall use its best efforts to perform the services set forth in Exhibit A in a professional and workmanlike manner.

 

  1. Authority. Client hereby appoints Planner as its agent and attorney-in-fact, with full power and authority to do and perform any and all acts and things and to execute and deliver any and all documents and instruments on Client's behalf and in Client's name, and to take any and all actions and to do any and all things deemed necessary, advisable or convenient by Planner in order to carry out the purposes and intent of this Agreement and to perform Planner's obligations and exercise Planner's rights under this Agreement.

 

  1. Deposit and Compensation. The Client will pay to the Planner a retainer fee in the amount of $_______ (“Deposit”) due upon signature of this Agreement. This Deposit shall only be refunded to the client in the instance they cancel the Agreement prior to the no penalty cancellation date described in this Agreement.

Client shall pay Planner the fees of $________ (“Fee”). The Client shall pay the Planner's fixed fee in the form of one lump sum payment, due upon completion of the services rendered and the termination of this Agreement.

For any payment that is not paid when due, the Client shall pay a late fee of $________.

Payment shall be made to the following person/address: ______________

 

  1. Reimbursement of Expenses. Client shall reimburse Planner for all reasonable and necessary expenses incurred by Planner in performing its obligations under this Agreement, provided that Planner shall submit to Client itemized documentation of such expenses within __________ days of incurring such expenses. In addition to any other rights or remedies provided by law, the Planner may treat Client's nonpayment for services rendered by the Planner as a material breach of this Agreement and may cancel the Agreement or seek legal remedies as the Planner desires.

 

  1. Confidentiality. Planner recognizes that in performing its obligations hereunder it will have access to certain of Client's confidential and proprietary information (the "Confidential Information"). Planner agrees

 

(i) to hold the Confidential Information in strictest confidence for the sole and exclusive benefit of Client;

(ii) not to disclose Confidential Information to any person or entity without the prior written approval of Client; and

(iii) not to use any Confidential Information except as necessary to perform its obligations under this Agreement.

 

  1. Termination. This Agreement may be terminated by either party upon ________ days' prior written notice to the other party. In the event of termination, Planner shall be paid in full for all services rendered through the date of termination and Client shall reimburse Planner for all reasonable and necessary expenses incurred by Planner prior to the date of termination.

 

  1. Miscellaneous.

(a) Entire Agreement. This Agreement contains the complete understanding of the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties, whether written or oral.

(b) Amendment. This Agreement may not be amended or modified except in writing signed by both parties.

(c) Waiver. The failure of either party to insist on strict performance by the other party of any provision of this Agreement or to exercise any right provided in this Agreement shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect.

(d) Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.

(e) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

(f) Governing Law. This Agreement shall be governed by the laws of the State of _________[State], without regard to the principles of conflicts of law.

(g) Arbitration. Any dispute arising under this Agreement shall be resolved by arbitration before a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be held in [City], [State], and judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(h) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

(i) Further Assurances. Each party shall execute such other documents and instruments and take such other actions as may be reasonably necessary to carry out the purposes and intent of this Agreement.

(j) Notice. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph of this Agreement or to such other address as one Party may have furnished to the other in writing.

(k) Force Majeure. If the performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the Party unable to carry out its obligations gives the other Party prompt written notice of such event, then the obligations of the Party invoking this provision shall be suspended to the extent necessary by such event.

The term Force Majeure shall include, without limitation, acts of God, pandemic, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, strikes, lock-outs, or work stoppages.

The excused Party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.

An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such Party, or its employees, officers, agents, or affiliates.

 

  1. Cancellation Policy. The Planner reserves the right to cancel this Agreement without obligation upon written notice to the Client prior to: __________. In the event the Planner cancels the Agreement under the terms of this section, the Deposit will be returned to the Client promptly. Cancellation by the Planner later than will require paying a penalty of $__________.

The Client reserves the right to cancel this Agreement without obligation upon written notice to the Performer prior to: __________. In the event of said cancellation, the Deposit will be returned promptly to the Client. Cancellation by the Client for any reason later than _________ will result in forfeit of the will require payment of any outstanding balance Deposit. Cancellation by the Client later than _________ of the full Fee to the Planner.

 

  1. Relationship. It is understood by all Parties to this Agreement that the Planner is an independent contractor with respect to Client and not an employee of Client. Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Planner.

 

  1. Use of Name and Image. The Client's name and image, nor the name and image of any of Client's guests, may not be used or associated, either directly or indirectly, with any product or service without their prior written consent in the form of a signed photo release.

 

  1. Indemnification. The Client and the Planner, at their own expense, shall indemnify, defend, and hold the other, its partners, directors, agents, and employees harmless from and against any and all third-party lawsuits, actions, or proceedings and any related costs and expenses, including attorney's fees, resulting directly and solely from the indemnifying party's negligence or willful misconduct.

Neither the Client nor the Planner shall be responsible for defending, indemnifying, or holding the other party, their partners, directors, agents, or employees harmless from and against any third-party lawsuits, actions, or proceedings that result from the negligence or wrongful acts of the party seeking indemnification or any third-party.

The Client and the Planner agree to give each other prompt written notice in the event of any claim arising to which they believe indemnification is relevant and necessary.

The indemnifying party shall have the right to defend against such claims with counsel that they have chosen and to settle such claims as they deem reasonable and appropriate.

The Client and the Planner agree to co-operate with each other in the defense of any such claims.

The provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination.

 

  1. Warranty. Planner shall provide their Services and meet obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the Services which meet generally acceptable standards in Client's community and region, and will provide a standard of care equal to, or superior to, care used by similar event planners on similar projects/work.

Planner shall not consume or use illegal substances or alcoholic beverages while performing their duties.

 

  1. Default. The occurrence of any of the following shall constitute a material default under this Agreement:
  2. The failure to make a required payment when due.
  3. The insolvency or bankruptcy of either Party.
  4. The subjection of any of either Party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or governmental agency.
  5. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.

 

  1. Remedies. In addition to any and all other rights a party may have available according to law, if a Party defaults by failing to substantially perform any provision, term, or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other Party may terminate the Agreement by providing written notice to the defaulting Party.

This notice shall describe with sufficient detail the nature of the default.

The Party receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived by a Party providing notice, the failure to cure the default(s) within such time period shall result in automatic termination of this Agreement.

 

  1. Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor.

Adherence to completion dates set forth in the description of the Services is essential to the Planner's performance of this Agreement.

 

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

 

Planner:

By:

Name:

Title:

 

Client:

By:

Name:

Title: