WATKINS EVENTS AND ENTERTAINMENT
EVENT SERVICES AGREEMENT
This Event Services Agreement (“Agreement”) is entered into as of / / , by and between Watkins Events and Entertainment (“Provider”) and ______________________________ (“Client”). Provider and Client may be referred to individually as a “Party” and collectively as the “Parties.”
1. SERVICES
Provider shall provide the services, equipment, and/or materials described in the event proposal, invoice, or attached exhibit, if any, subject to the terms and conditions of this Agreement.
2. INDEMNIFICATION
Client shall indemnify, defend, and hold harmless Watkins Events and Entertainment, and its respective owners, officers, employees, agents, contractors, and representatives, from and against any and all claims, demands, causes of action, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to injury to persons or damage to property in connection with the services provided under this Agreement, except to the extent caused by the gross negligence or willful misconduct of Watkins Events and Entertainment.
3. CANCELLATION FOR FAMILY EMERGENCY
If Client cancels the Event due to the death of, or life-threatening illness or injury to, a member of Client’s immediate family, this Agreement shall be canceled and all deposit monies shall be refunded to Client, less a non-refundable administrative fee of $150.00. For purposes of this Agreement, “immediate family” means Client’s parents, siblings, and children.
4. CLIENT CANCELLATION
If Client provides Watkins Events and Entertainment with at least six (6) months’ prior written notice of Client’s request to cancel this Agreement for any reason other than those set forth in Section 3, Watkins Events and Entertainment shall use commercially reasonable efforts to secure a comparable engagement for the same date and time as the Event. If Watkins Events and Entertainment secures such a comparable engagement and payment is received therefor, Watkins Events and Entertainment shall refund all deposit monies to Client, less a non-refundable administrative fee of $150.00. If Watkins Events and Entertainment is unable to secure a comparable engagement for the same date and time, all deposit monies shall be retained by Watkins Events and Entertainment as liquidated damages and not as a penalty. If Client fails to provide the required written notice and Watkins Events and Entertainment is unable to secure a comparable engagement for the same date and time, all deposit monies shall be retained by Watkins Events and Entertainment, and Client shall remain liable for fifty percent (50%) of the total fee for the Event as liquidated damages and not as a penalty. Client acknowledges that Watkins Events and Entertainment is generally booked months in advance and that a comparable engagement may not be obtainable without sufficient advance notice. If the Event is scheduled as “Outdoor – Weather Permitting” and Client cancels within three (3) hours of the scheduled start time, all deposit monies shall be retained by Watkins Events and Entertainment as liquidated damages and not as a penalty.
5. SUBSTITUTIONS
In the event of circumstances beyond its reasonable control, Watkins Events and Entertainment reserves the right to provide substitute services, equipment, materials, and/or personnel of comparable quality.
6. LIMITATION OF LIABILITY
Watkins Events and Entertainment shall not be responsible for any failure or delay in performance, or any non-delivery of services or materials, caused by circumstances or conditions beyond its reasonable control. In no event shall Watkins Events and Entertainment be liable for any consequential, incidental, special, or indirect damages, or for any amount in excess of the sums actually paid under this Agreement.
7. SITE CONDITIONS AND UTILITIES
Client shall be solely responsible for providing adequate electrical service and all other required physical and environmental conditions. Watkins Events and Entertainment shall not be responsible for any inability to perform caused by power failure, lack of adequate facilities, or unsuitable site conditions. Client acknowledges and understands that the performance of Watkins Events and Entertainment may be affected by the physical and environmental conditions at the Event site.
8. NO ALTERATIONS
Client shall not make any alterations, additions, repairs, or improvements to the property.
9. ASSUMPTION OF RISK; RELEASE
Client acknowledges that there is a risk of loss, injury, or damage arising from or relating to the use or transportation of the property and assumes all such risk. Client, on behalf of itself and its customers, releases Watkins Events and Entertainment from any and all responsibility and liability for any such loss, injury, or damage arising out of or relating to the failure, use, maintenance, storage, or transportation of the property.
10. INSURANCE
Client shall keep the property insured against all risks of loss or damage from every cause whatsoever for its replacement value and shall maintain public liability and property damage insurance covering the property. “Replacement value” means the value stated in the manufacturer’s current price list. If the property is destroyed or damaged, Client agrees to pay all reasonable charges up to the replacement value, plus reasonable handling fees.
11. CONTRACT CHANGES
Client may not make any alteration, modification, or reduction to this contract without the prior written consent of Watkins Events and Entertainment. Any requested changes to a proposal may require a new submission and may incur additional fees. Any modification, addition, or deletion to this contract shall be valid only if signed by both Parties.
12. RATE BASIS; SCHEDULE ADJUSTMENTS
The rates set forth in this Agreement are based on the information provided by Client to Watkins Events and Entertainment to date. If the delivery, setup, and/or breakdown time frames are adjusted, additional charges may be incurred. Any such additional charges shall be agreed upon in writing by Watkins Events and Entertainment and Client prior to the Event.
13. OVERTIME
Overtime charges shall be $500.00 per one-half hour and shall be due at the time of the Event. If Watkins Events and Entertainment has retained subcontracted vendors on Client’s behalf, additional overtime rates may apply.
14. CREDIT CARD PROCESSING FEE
If Client elects to pay by credit card, Watkins Events and Entertainment’s contract pricing shall increase by 4%.
15. USE OF IMAGES
Client grants Watkins Events and Entertainment the right to use images from the Event for Watkins Events and Entertainment’s portfolio, advertising, website, blog, magazine submissions, and other promotional purposes. Client waives the right to inspect or approve the finished product, whether in written, printed, or electronic form, in which Client’s likeness appears. Client, on behalf of itself and its heirs, representatives, executors, administrators, and any other persons acting on Client’s behalf or on behalf of Client’s estate, releases and holds harmless Watkins Events and Entertainment from any and all claims, demands, and causes of action arising out of such authorization.
16. OWNERSHIP OF DESIGNS
All designs conceptually presented, produced, proposed, or contracted for in this document shall remain the sole property of Watkins Events and Entertainment.
17. FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performance of this Agreement to the extent caused by events or circumstances beyond that Party’s reasonable control, including, without limitation, acts of God, war, riot, civil strife, terrorism, embargo, governmental rule, order, regulation, or decree, earthquake, flood, fire, hurricane, tornado, casualty, strike, lockout, labor disturbance, pandemic, epidemic, public health emergency, outbreak of infectious disease, or any other event or circumstance beyond the reasonable control of the affected Party, whether similar to or dissimilar from those listed. The Party invoking this provision shall provide notice to the other Party as soon as reasonably practicable after becoming aware of its inability to perform or delay in performance. In the event of a Force Majeure, all retainers shall be non-refundable, and no outstanding fees shall be owed to Watkins Events and Entertainment except for direct out-of-pocket expenses incurred for the Event, including, without limitation, time spent on design work, client consultations, revisions, and ordering of items for the client. If a client’s Wedding or Special Event is canceled, postponed, or otherwise adversely impacted by a Force Majeure event, no refunds shall be due for payments already received by Watkins Events and Entertainment. Watkins Events and Entertainment shall use commercially reasonable efforts to work with Client to reschedule the Wedding or Special Event, subject to Watkins Events and Entertainment’s availability. A substitute representative may appear on Watkins Events and Entertainment’s behalf on the rescheduled date. Client may incur additional fees from Watkins Events and Entertainment or Wedding/Special Event vendors as a result of rescheduling.
18. ENTIRE AGREEMENT
This Agreement, including the contract described above, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous oral or written agreements, understandings, representations, and promises relating to its subject matter.
19. EXECUTION DEADLINE
All contracts must be signed within fourteen (14) days
WATKINS EVENTS AND ENTERTAINMENT
23 Decatur Lane
Sicklerville, NJ 08081
PAYMENT POLICY
To confirm this Agreement, an initial payment equal to twenty-five percent (25%) of the total contract amount is required. The remaining balance shall be due fourteen (14) calendar days prior to the earlier of: (a) receipt of goods, or (b) performance of services. Additional payment processing fees may apply.
SIGNATURES
CLIENT
Printed Name: ______________________________
Signature: __________________________________
Date: ______________________________________
PROVIDER
Watkins Events and Entertainment
By: _________________________________________
Printed Name/Title: __________________________
Date: ______________________________________