Service Terms:
Contracted Package. Any additional services/products requested by the Client incurred by Company will be billed directly to the Client at cost. All services contracted cannot be deducted, but additional services can be added. The hourly rate will be charged at $125 per person.
Fees & Deposits. The fee is for the scope of work mentioned above only.
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The Client shall remit the total payment as follows:
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Cancellation.
By Client. The Client may cancel this Agreement at any time in writing. The Client is responsible for payment of any services rendered and costs approved by the Client and incurred by the Company. This includes the date that the Client delivers the written notification to Company regarding event cancellation. If the event is canceled, no portion of the fees paid to the Company will be returned. If the event is canceled less than one month before the date, 2nd payment will be required to compensate for hours of service already rendered and loss of the event date. If the event is postponed, services contracted can be applied to a new date if available (refer to Postponement Policy).
By Company. The Company may cancel this Agreement at any time in writing. If the Company delivers such notice, it must use best efforts to provide a suitable, replacement company, subject to the Client's approval, which shall be obtained in writing. Suppose Company is unable to locate an appropriate replacement company for the Client's satisfaction. In that case, Company shall refund all monies previously paid by Client, except for any non-refundable deposits made with third parties and the hours of service already rendered which were agreed to by Client.
Postponement Policy. If the event is postponed, all services will cease at the time of notification in writing of postponement if no determined new date is provided. The payment schedule will be determined and readjusted post new event date notification. If the Client requires services to resume, post new event date is established, the third payment will be required at the time-of-service re-start. If the event is postponed, no portion of the fees paid to the Company will be returned. If the event is postponed less than one month before the date, 2nd payment will be required to compensate for hours of service already rendered and loss of the event date.
Expenses. Client shall reimburse Company for direct expenses approved by Client arising from Company’s provision of the Services to the Client within five (5) business days of Client’s receipt of the invoice for such expenditure incurred by the Company. The Client is responsible for miles, tolls (meetings, events, site visits). and two-night hotel stay.
Personal Services Not Required. The Company is not required to render all services personally by Pilar Pava and the Company may employ appropriately experienced others to perform certain services on behalf of the Company.
Payments. Price reflects a 4% discount for cash & check payments. This discount will be removed from any other form of payment. Any payments received less than one week before the event must be made by cash or credit card.
Subcontractors & Rentals. The Client shall timely pay invoices arising from subcontractor and rental agreements that the Company secures on Client's behalf with the Client's prior approval.
Force Majeure. The force majeure occurrence must be agreed upon by both parties. Upon prompt notice to the other party, the party affected by any Force Majeure will be excused from performance of its obligations herein, and will not be in breach or default under this Agreement for any delay or failure in its performance. However, no Force Majeure will be cause for or excuse any delay in performing non-affected obligations (including payment in accordance with this Agreement for other services performed). Furthermore, the Client understands that the deposit is non-refundable and that any work performed up to the day of the cancellation, the Client is responsible for payment of any services rendered and costs approved by the Client and incurred by the Company through and including the date that written notification is delivered by Client to Company regarding event cancellation.
Indemnification. Client agrees to indemnify, defend and hold harmless the Company and its affiliates, employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action arising out of or related to Services and/or product(s) the Company provides to the Client, except in the case of the Company’s gross negligence, bad faith or willful misconduct.
Photo and Video Release. The Company may publish photographs and videos captured at the Event and Event set up for print, online, and video-based marketing materials, and other publications deemed appropriate by the Company. The Client further acknowledges that they will not receive financial compensation of any type associated with the taking or publication of these photographs or participation in Company marketing materials or other Company publications. Client hereby releases Company, its contractors, its employees, and any third parties involved in the creation or publication of marketing materials from liability for any claims by me or any third party in connection with the Client's participation.
Confidentiality. Each party agrees that confidential information or a proprietary nature may be disclosed to the other party during this Agreement, including, but not limited to, prices, design, software, costs, vendors (collectively "Confidential Information").
Company Limitation of Liability. The Company will do its best to find top suppliers or service providers. However, the Company does not guarantee any suppliers’ or service providers’ performance or product. The Company will not be responsible for any supplier or service provider performance or product. In the event the Client changes the date of the event, the Company will make every effort to accommodate. The Company’s availability is not guaranteed for any other date than the initial date confirmed by the Client in writing.
Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. The mediation location will be Miami, FL. If the matter cannot be resolved through mediation, and legal action ensues, the successful party to the extent of its success, will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
Notice. All notices of any nature referred to in this Agreement shall be in writing and shall be deemed effective when delivered by hand or upon mailing by registered or certified mail, postage prepaid, to the respective addresses set forth below or to such other addresses as the respective parties hereto may designate in writing to the Client's address and the Company's address.
Governing Law. This Agreement shall be governed by Florida law.