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