Client wishes to hire Provide to provide services relating to Client’s luxury picnic as detailed in this Agreement. Provider has agreed to provide such services according to the terms of this Agreement.
Provider shall provide Client with the following services and/or products ("luxury picnic"):
INCLUSION:
-Setup, pack down and up to 2 hours of setting use
-Luxe custom handmade picnic tables
-Florals
-Luxe luxurious Woven floor rug/s or blankets
-Assortment of floor pillows
-Luxe Full tablescape setup
-Candle sticks and candles
-Charger plates/Placemats
-Fine china plates
-Gold/silver-look cutlery
-wine glasses
-complimentary water
-Custom sign message
Cost, Fees and Payment
Cost. The total cost ("Total Cost") for all Services is $0 due in full the day before the event. Client shall pay the Total Cost to Provider as follows:
The first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Provider for committing to provide the Services and turning down other potential projects/clients.
Exclusivity
Exclusivity. Client understands and agrees that he or she has hired Provider exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Provider hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.
Intellectual Property
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider business.
Permitted Uses of Product(s). Provider grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Provider with attribution each time Client uses Provider's property. Personal use includes, but is not limited to, use within the following contexts:
Artistic Release
Style. Client has spent a satisfactory amount of time reviewing Provider's work and has a reasonable expectation that Provider will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Consistency. Provider will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Provider current portfolio and Provider will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
Limit of Liability
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Provider shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Provider 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) Provider provides to Client.
Cancellation, Rescheduling and No-Shows
Cancellation, Rescheduling of Services or No-Show Client.
A non-refundable 50% booking fee is required to secure all bookings. This booking fee is taken from the total amount owing (excluding bond). When a booking fee is taken, the hire company no longer takes bookings for the time slot on the requested date. In the event of cancellation, the booking fee is non-refundable and retained by the hire company. There is a no refund policy that is upheld and if for any reason a client has to cancel they will have a 6 months grace period the reschedule the event. In the unlikely event that the hire company is not able to provide the client with the agreed equipment due to unforeseen circumstances, the client will be refunded any money paid in full.
Impossibility
Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
Appropriate Conduct/ Safe Working Environment:
Project:
The Client(s) expressly agree(s) to take best efforts to provide [Provider] and Provider’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either [Provider] or a bystander to present a threat or implied threat of injury or harm to [Provider] staff or equipment, the [Provider] reserves the right to cancel all services remaining under this Agreement and leave the event. At the [Provider]’s discretion, the [Provider] may enact a three-strike policy. After the first offense, the [Provider] will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), [Provider] shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, the [Provider] will immediately leave the event. If the [Provider] leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold [Provider] harmless as a result of incomplete event coverage, or for a lapse in the quality of the [Provider’s] work, and the Client(s) shall be responsible for payment in full.
General Provisions
Governing Law. The laws of Maryland govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Luxury picnic and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.
This agreement made on , between [Referred to as client], and Vendor [Referred to as consultant] for on at .
A signed contract must be secured prior to any services being performed by Mark Creations.
For your convenience, payments to Consultant can be made through HoneyBook
Payment Details
For your convenience, payments to Consultant can be made through HoneyBook.
A non-refundable payment of 50% is required to secure a date. The remaining payment is due 1 day prior to scheduled event date. Payment details can be found on the invoice sent to customer via email. The event set up will not occur without full payment prior. The Customer agrees that where payment is not made within 1 day of the event a DAILY FEE of 3% of the full booking fee will be incurred before set up can begin.
Liability
The hire company shall in no way be held responsible or accountable for any damage, injury, death or loss of income caused to the client, any third parties or properties due to the hire of equipment or provided services by the hire company. All equipment is hired and is the responsibility of the client until returned to the hire company.
Cancellation & Refunds
Deposits are non-refundable as we have held your date and turned down other events to do so. Refunds are not available for any services provided. Please book carefully as we do not provide refunds due to change of mind or wrong decisions. In the case of poor weather, your event may be re-scheduled to another date at no cost pending availability. Emergency cancellations must be made 48 hours prior to event or full cost will be forfeit. Cancellations the DAY OF scheduled event results in forfeit of full amount of picnic cost. Rescheduling of picnic will only be permitted once, second cancellation forfeits full amount of picnic cost.
If you have any concerns please contact us.
Wet Weather
Sunshine is not always guaranteed, so in the interest of your special day still being absolutely fantastic we do
require a Backup event location (Preferably indoors) where we can continue the event as planned. In the event of bad weather, The Customer agrees that Makk Creations can request a location change due to predicted weather and for security of the property and safety of staff, may refuse set up should an alternative location not be sought. It is the responsibility of the customer to source an alternative location. Bookings which are paid in full that require cancellation due to bad/severe weather, where practicable, will be re-scheduled within a 3- month period. Additional costs for all the perishable items e.g. flowers, food etc. will be incurred if cancelled less than 72 hours prior to the event. Rescheduled dates are subject to availability.
The company reserves the right to cancel the booking on reasonable grounds within any period leading up to the event. In the event this occurs, the customer will be refunded in full with the exception of where the customer has failed to fulfill their obligations within these terms & conditions
Responsibility
Consultant is not responsible for Acts Of God, Natural Disasters, an Act Of Government such as A Declaration of National or Local Emergency, or Other Incidents Not within the control of the consultant, i.e. accident, death in the family, illness, pregnancy, or sudden tragic circumstance. In such a situation, consultant will obtain, upon approval of the client, a qualified professional replacement to fulfill consultant’s obligations under the contract, at no additional charge to the client.
Use of Equipment
All Equipment supplied on hire is the property of the Company.
Any damage, loss or extensive cleaning will result in a fee to The Customer.
The persons hosting the event shall be responsible for any loss or damage to any items such as platters, ceramic bowls/plates, vases, props and other decorations. Fees will apply for replacement at the full cost of purchasing a replacement. These fees are payable within seven days of such loss or damage unless agreed otherwise.
The Customer shall pay for all equipment damage or loss however caused during that period. Damage includes but is not limited to;
With the exception of battery powered candles, no candles, fires or other flammable properties are to be lit during the booking.
In the event of the Equipment being stolen from the booking site, the Customer shall notify the Company in writing stating the full circumstances of the theft and the time the police were notified. The Customer shall also indemnify the Company for any such loss of the Equipment at the current replacement cost of the Equipment, and must pay that cost to the Company on demand.
All hired equipment must not be relocated from the designated place of set up by the company.
The Customer warrants that all equipment will not be left unattended for the duration of the booking.
The Company shall not be liable for any loss or damages arising out of the overloading, exceeding rated capacity, misuse, or abuse of the Equipment by the Customer and the Customer agrees to keep the Company indemnified in respect thereof.
In order to retake possession of the equipment, it shall be lawful for the Company to enter into or upon any premises where the same may be and the Customer hereby agrees to indemnify and to keep indemnified the Company against all liability and against all actions, suits, proceedings, claims, demands, costs and expenses howsoever incurred by the Company arising from the Company's entry into or upon any premises in exercise of its rights of repossession.
Any person agreeing to a booking and it’s terms and conditions on behalf of the Customer hereby agrees that he or she has the authority of the Customer to make this agreement on the Customer’s behalf and has the Customer’s permission to bind the Customer’s to this agreement and hereby compensate the Company against all losses and cost incurred by the Company arising out of the person signing this agreement failing to have such power and/or authority.
The Customer shall be responsible for giving any local or other authorities any necessary notice of their intention to occupy an area within the authority’s locality and shall pay all fees in connection therewith. In the event that the Company incurs or suffers any loss, costs or damages as a consequence of the Customer's failure to carry out its obligations under these terms the Customer shall be solely responsible and shall indemnify the Company for any such loss, costs or damages.
Hire Obligations
Unless otherwise agreed by the Customer and the Company, all sitting times are for a 2 hour period.
Extension to the sitting time will not occur in the event the customer does not arrive on time. The commencement and conclusion time of a booking will remain as per the original agreed booking.
To avoid impact on successive bookings, in the event a Customer is greater than 15 minutes late to a booking, forfeiture of the booking will occur.
Extended Hire
The Customer agrees that the booking is for the agreed duration as confirmed at the time full payment for the booking occurs. A request to extend booking duration must occur 3 days prior to the booking date and is subject to availability. No refunds will be issued in the event the extended hire is not fully utilized. Extended hire is charged at a rate of $40 per hour if scheduled in advance and $55 per hour day of time extensions.
Advertising
Makk Creations has the right to all photos taken at the booking for advertising purposes.
Contracted Vendor and Payments
Any rentals and/or subcontracted vendors contracted on behalf of client will be paid in full to Consultant directly at requested deadline. Proper notice will be provided per cost.
Damage or Loss of Accessories
Client agrees to exercise all due care in caring for, and preserving the property of Consultant. Clients shall remain responsible for all loss or damage to rentals, up to and including actual replacement value for each missing or damaged item per cost.
Electronic Signature
You agree that Your use of Our services constitutes Your electronic signature, acceptance, and agreement under the United States federal E-SIGN legislation and will meet the requirements of an original signature. You may not raise the use of an electronic signature as a defense to the enforcement of this Agreement.
The terms of this agreement shall be binding upon the heirs and assigns of both parties. This is a non-refundable purchase. We can reschedule based on availability. By purchasing, you agree to our full terms of service.
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Attorney
If legal action is necessary to enforce the terms of this contract the prevailing party shall be entitled to reasonable attorney fees in additional to any other remedies to which that party might be legally entitled.
Event
The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether [Provider] resumes work detailed in this Agreement.
The undersigned have read this contract, understand its terms, and agree to be bound thereby. Any additions, deletions, or revisions must be made in writing and approved by all responsible parties. The parties agree that this contract is the complete and exclusive statement of the mutual understanding of the parties.
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