TERMS AND CONDITIONS
Section 1. Term
This Agreement is effective from confirmation of this Invoice/Estimate until the Event is completed, whichever incidence should first occur.
Section 2. Services
Private Event Crew, LLC will provide the services described on the Invoice/Estimate for the Event. Private Event Crew, LLC staff will be highly trained, courteous, and professional in appearance and manner.
Section 3. Pricing
(a) Client will pay the rates stated on the Invoice/Estimate.
(b) Staff hourly rate: $60/hour (5 hour minimum)
(c) A fifty dollar ($50) per staff rush fee will be assessed for any last-minute staff required within 24 hours of the Event.
(d) A twenty percent (20%) Event fee will be assessed per event.
(e) Payment can be made via check paid to Private Event Crew, LLC, ACH/Wire Transfer, Chase Quick Pay, or Credit Card. A 3.7% Credit Card Fee will be assessed for Credit Card payments.
(f) Client authorizes Private Event Crew, LLC to charge any reasonable incidental costs incurred by Private Event Crew, LLC in the service of Client for the Event that has heretofore been unaccounted for.
Section 4. Payment Terms
(a) All final payments are due the day of the event before service begins.
Catering:
(a) Final guest count is required three (3) business days prior to the date of the event.
(b) A fifty percent (50%) down payment is required at signing.
Client may cancel the catering for the Event at any time. If Private Event Crew, LLC’s receipt of cancellation occurs ten (10) days prior to the event, Private Event Crew, LLC shall retain thirty percent (30%) of the deposit as a cancellation fee. If Private Event Crew, LLC’s receipt of
cancellation occurs less than ten (10) days but more than two (2) days prior to the event Private Event Crew, LLC shall retain the entire deposit. If Private Event Crew, LLC’s receipt of cancellation occurs with less than two (2) days prior to the event Private Event Crew, LLC shall retain the entire deposit and Client shall be responsible for payment of the outstanding balance as liquidated damages. The balance shall be due and payable as of the event date.
Private Event Crew, LLC requires your Credit Card information in order to hold your event date and services provided. If Payment is not received by due date, Private Event Crew, LLC reserves the right to charge your card for the Invoice total.
(c) If the client cancels, and a deposit was not provided in a timely manner, then a cancellation fee of 50% of the outstanding balance is due to Private Event Crew, LLC within forty eight (48) hours of the Event.
2. Staffing:
(a) Staff canceled 72 hours prior to the date of the event will incur a 50% cancellation fee. (b) Staff canceled 48 hours prior to the date of the event will incur a 75% cancellation fee.
(c) Staff canceled within 24 hours prior to the date of the event will incur a 100% cancellation fee.
3. The balance is due upon the terms stated on Invoice/Estimate. A non-refundable 50% Deposit of the total invoice is required to confirm service and is due upon signing of the invoice.
4. If payment is not remitted within the terms stated on Invoice/Estimate, a 10 percent (10%) late fee will be assessed. Each continuing thirty (30) day period where payment is delinquent will result in a further 10 percent (10%) late fee assessment.
5. Private Event Crew, LLC s Federal EIN Number is: 87-4661269
6. If any services related to vendors secured for the event are subject to a fee due to cancellation, the Client will be fully responsible to cover any and all fee’s. If client cancels with less than 72 hours notice before the scheduled event, client will be responsible for payment of the full charge reflected on the invoice.
Section 5. Client Responsibilities
Client acknowledges and understands that it may, under no circumstances, approach Private Event Crew, LLC staff with offers of employment for any services Private Event Crew, LLC staff have engaged in on behalf of Private Event Crew, LLC. If Client would like to independently employ any Private Event Crew, LLC staff, Client may notify Private Event Crew, LLC. To purchase staff rights, Client must pay Private Event Crew, LLC the amount of fifteen thousand dollars ($15,000) or 25% of their first year’s compensation package, whichever is greater, for each staff member that Client would like to independently employ.
Section 6. Termination
In the event that either party breaches any of the terms or conditions of this Agreement and fails to remedy breach within fourteen (14) days after receipt of written notice thereof from the other party, the party giving notice may, at its option and in addition to any other remedies which it may have at law or in equity, terminate this Agreement by sending notice of termination in writing to the other party. Such termination shall be effective as of the date of the receipt of such notice. No termination of this Agreement, however effectuated, shall release the parties from their rights and obligations accrued prior to the effective date of termination.
Section 7. Limited Liability
(a) Private Event Crew, LLC will strive to provide top-quality service for Client at the Event. If Private Event Crew, LLC staff commits any errors or if any equipment fails, Private Event Crew, LLC staff will take immediate corrective measures to rectify the situation. However, Private Event Crew, LLC will not be liable to Client for any loss or damage incurred because of such errors or equipment failure.
(b) Client acknowledges and understands that Client has no claims against Private Event Crew, LLC or its staff for any act or omission that occurs in the performance of this Agreement.
Section 8. Force Majeure
Private Event Crew, LLC and Client are both excused from their contractual duties under extraordinary, unanticipated circumstances including but not limited to acts of God and severe family hardship. The down payment is not refundable in such cases.
Section 9. Confidentiality
Each party recognizes and acknowledges that it may have access to Confidential Information (as defined below) relating to the business or interest of the other party or of persons with whom parties may have business relationships. Except as permitted by the other party, no employee or agent of the receiving party during the Term of this Agreement or at any time thereafter may use, disclose or permit to be known by any other person or entity, any Confidential Information of the disclosing party (except as required by applicable law or in connection with the performance of a party’s duties and responsibilities hereunder). If either party is requested or becomes legally compelled to disclose any of the Confidential Information, it will give prompt notice of such request or legal compulsion to the other party. The term “Confidential Information” means information relating to a party’s business affairs, proprietary technology, trade secrets, research and development data, know-how, market studies and forecasts, competitive analyses, pricing policies, employee lists, employment agreements, personnel policies, the substance of agreements with clients, staff and others, marketing arrangements, client lists, commercial arrangements, or any other information relating to a party’s business that is not generally known to the public or to actual or potential competitors of such party. This obligation shall continue
until such Confidential Information becomes publicly available, regardless of whether the parties continue to conduct business with each other.
Section 10. Indemnification
Client shall fully defend, indemnify, and hold harmless Private Event Crew, LLC from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury of any kind whatsoever, imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of the Event. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses.
Section 11. Arbitration
All disputes under this Agreement that cannot be resolved by the parties shall be submitted to single arbitrator arbitration under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph by providing thirty (30) days written notice to the other party. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law.
Section 12. Notice
(a) Any notices to be provided by either party shall be made in writing and may be delivered either by personal delivery or certified mail, return receipt requested. The address for delivery of notice for Private Event Crew, LLC and Client are as is written on the Invoice/Estimate.
(b) Either party may change the address where they wish to receive notices by providing thirty (30) days written notice.
Section 13. Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Section 14. Severability
If any provision of this Agreement is held to be invalid, void or unenforceable for any reason, the remaining provisions shall remain in full force without being impaired or invalidated in any way. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Section 15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
Section 16. Forum Selection
Any dispute under this Agreement resulting in litigation will be heard in the federal or state courts located in the State of Florida.
Section 17. Entire Agreement
This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
Section 18. Photography Release
The Client hereby assigns the Company an irrevocable and unrestricted right to use and publish photographs of the, Event, decorations, or photographs for editorial, trade, advertising, educational, and any other purpose and in any manner and medium; to alter same without restriction; and to copyright same. The Client releases all claims to profits that may arise from the use of any images. The Company shall not use any images in which minors appear. This release is mutual, and at the rights, the company has hereunder so does the client.
Section 19. Modification
Any modification or amendment of this Agreement shall be effective only when made in writing and signed by both parties.
By confirming this Invoice/Estimate and these terms, you, the client, acknowledge and agree that you have read, understand and accept the terms and conditions described herein.