Thank you for choosing Found Collective (ABN 36845233086) (hereafter “our”, “we”, “us”) for your special dayThis Client Service Agreement (the “Agreement”) is made by and between Jasper and Lane Events, a California (“Vendor”) and {{lead_contact_full_name}} and {{lead_contact_full_name}} (the “Clients”) (each a “Party” and collectively, the “Parties”) for Month of Coordination on {{lead_project_date}}

 

 

 

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1. Services.  Vendor shall provide Client with the services and/or products in connection with Client’s wedding or event as described in Exhibit 1 (the “Services”).  Client understands and agrees that any additional service or product not listed in the Services will be subject to additional fees as set forth in Exhibit 3 (“Additional Fees”) . 

2. Pricing and Payment.   The total cost for the Services listed in Section 1 is $2045 (the “Package Price”).  Client agrees to pay the Package Price as follows.  

3. Retainer.  Client will pay a nonrefundable retainer in the amount of thirty percent (30%) $614 of the Package Price when this Agreement is signed.  The retainer is intended to fairly compensate Vendor for committing personnel and resources to provide the requested Services on the requested date(s) and/or declining other work for the requested date(s). 

1. 1. Installment(s).  Client will pay an additional balance in the following suggested installments: $477 on 01/2023, $477 on 05/2023

   2. Balance.  Client will pay the final balance $477 (including any additional fees for services or products not included in the Services, if any, not later than thirty (30) days before the Client’s wedding date. 8/24/2023

   3. Late Fees; Right to Terminate.  If Client fails to make any payments required by this Agreement by the due dates referenced in Section 3, Vendor may charge a late fee of fifteen percent (15%) of the Package Price and may suspend or limit its performance of the Services until all outstanding balances, including late fees, are paid in full.    

   4. Additional Services.  Unless otherwise agreed to in writing, work that is outside the scope of the Services will be billed at the rate of $130 per hour.

4. Status of Parties.  Nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the Parties. The Client shall not be responsible for withholding taxes with respect to any compensation paid to Vendor.

5. Performance of Work; Right to Engage Independent Contractors. Vendor reserves the right to engage independent contractors to perform the Services.  

6. Location and Delivery of Services. Vendor shall perform the Services at the following location(s):  {{lead_venue_name}}.  Vendor will complete all services by Client’s wedding date unless otherwise specified in this Agreement or Exhibit 1.  If any part of the Services is based upon the number of guests that Client expects to attend Client’s wedding or other event, Client shall provide Vendor with an accurate guest count at least 90 days before the wedding or event date.

 

7. Exclusivity.  Client understands and agrees that it is engaging Vendor as the exclusive provider of the Services.  Client may not hire any other vendor or service provider to perform any part of the Services without prior written consent from Vendor, which consent may be held in Vendor’s sole discretion.

8. Confidential Information. Client acknowledges that during the course of this Agreement and the provision of Services hereunder, Client may receive or have access to non-public and confidential business information of Vendor which may include information regarding the Vendor’s clients, prospective clients, trade secrets, financial information, business plans and strategies, personnel, subcontractors, and other non-public proprietary information of the Vendor  (collectively “Confidential Information”).  Client covenants and agrees that during and after the term of this Agreement it will not disclose Confidential Information or any part thereof to any third party or use Confidential Information for any purpose without the prior written consent of the Client.    

9. Intellectual Property.Vendor shall own the copyright to any works created or produced in connection with the Services and may use such work in the course of Vendor’s business, including performing services for other clients. Vendor shall grant to Client a non-exclusive license to such works at no additional cost; provided, however, that Client shall properly attribute such work to Vendor.  

 

10. Artistic Release; Client Communications.

1. Style.  Client has spent sufficient time reviewing Vendor’s portfolio of work and understands that Vendor will perform the Services in a similar manner and style unless otherwise specified in this Agreement and subject to the factors set forth below:

2. Additional Considerations. 

   1. If needed, Jasper and Lane Events will provide assistants to fulfill this contract. The assistants will abide by all terms of this contract. The decision to use assistants is at the sole discretion of Jasper and Lane Events.

   2. Lead planner and assistant(s) require a meal during wedding day coordination. 

   3. Any Jasper and Lane Events representatives or associated staff will dress appropriate attire for your wedding. 

   4. Each wedding and event is unique, with different tastes, budgets, and needs.

   5. Planning services involve subjective judgment and Vendor has a unique vision with an evolving style and technique.

   6. Vendor will use reasonable efforts to incorporate Client suggestions; however, Vendor will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions, and Vendor shall have final say regarding aesthetic and artistic decisions regarding the Services. Client understands and agrees that dissatisfaction with Vendor’s aesthetic or artistic judgment is not grounds to terminate this Agreement or request any reduction in the Package Price.

   7. Vendor shall select all design-based vendors, such as floral, day-of signage, rentals, lighting, and anything else that creates the "look" of the wedding or event.

 

11. Client Communication. Client will be the contact person for Vendor regarding all communications relating to this Agreement and the Services. If Client wishes to designate another individual, such as a parent, immediate family member, or close friend of the bride or the groom as an additional contact person, Client shall notify Vendor in writing and provide contact information for such person. Vendor may refuse to communicate with anyone other than Client or Client’s designated additional contact person regarding the Services and may discontinue communications with any party including Client and its designated additional contact person in the event of unprofessional communications including the use of profanity, yelling, physical or verbal threats, or any other circumstance creating an objectively reasonable threat to the health and safety of Vendor’s employees and contractors. If Vendor has contacted Client more than three (3) times within a thirty (30) day period without receiving a response, Vendor may terminate this Agreement and decline to provide the remaining Services without liability and without refund to Client.

 

12. Limitation and Disclaimer of Liability.  Vendor disclaims and limits its liability under this Agreement as follows:

 

IN NO EVENT WILL VENDOR BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS OR LOSS OF USE, OR OTHER ECONOMIC LOSS, AND IN NO EVENT SHALL VENDOR’S LIABILITY IN CONNECTION WITH THE SERVICES PROVIDED ON BEHALF OF CLIENT EXCEED THE AMOUNT ACTUALLY PAID TO VENDOR BY THE CLIENT PURSUANT TO THIS AGREEMENT.

13. Indemnity.  Except for claims arising from or relating to the gross negligence or intentional conduct of Vendor, Client agrees to indemnify, defend, and hold Vendor and its affiliates, employees, independent contractors, and agents harmless from and for any injury, property damage, liability, claim or other cause of action (collectively “Claims”) arising out of or relating to the Services or of any outside contractor engaged directly by Client. 

 

14. Termination; Rescheduling.  

 

1. Cancellation by Client.  If this Agreement is terminated by the Client for any reason other than those set forth in Section 14 below, including the cancellation of the Client wedding or event, or failure of one or more essential parties (excluding the Vendor) to appear at the wedding or event in a timely manner, Client will notify Vendor as soon as practicable but Vendor will not be obligated to refund any monies paid nor shall Client be released from liability to pay the balance of the Package Price.  If Vendor is able to schedule new work for another client for the wedding or event date(s), Vendor may, in its discretion, elect to waive its claims for some or all of the balance of the Package Price.

2. Termination by Vendor.  If this Agreement is terminated due to Vendor’s failure to perform its obligations, Vendor shall notify Client as soon as practicable and make best efforts to refer Client to another vendor to provide the Services.  If Vendor and Client cannot agree on another vendor to provide the Services, Vendor will refund Client any unearned portion of the Deposit and waive any claims against Client for the balance of the Package Price.

3. Client Rescheduling.  If Client wishes to reschedule the original reserved wedding or event date for any reason other than the force majeure provisions of this Agreement, the Retainer shall be forfeited and any Deposit paid by Client before rescheduling may be kept by Vendor subject to the following:  if Vendor is able to schedule new work for another client for the original date(s) affected by the rescheduling, Vendor may, in its discretion, apply some or all of the Deposit to the Services for the rescheduled date; however, if the rescheduled date is more than six (6) months after the original date; Vendor shall not be obligated to apply more than fifty percent (50%) of the Deposit to Services for the rescheduled date.

 

15. Client Change of Venue. If Client wishes to change the venue for the wedding or event, the Client agrees to pay the following additional fees to compensate Vendor for the additional time and work necessary for redesign, communications, site walkthroughs and other tasks required by the change in venue:

 

1. 1. 1. If the venue change occurs more than nine (9) months before the original reserved date of the wedding or event, Client will pay an additional fee equal to ten percent 10%) of the Package Price in addition to any increase in Vendor travel costs;

      2. If the venue change occurs at least six (6) but less than nine (9) months  before the original reserved date of the wedding or event, Client will pay an additional fee equal to twenty percent (20%) of the Package Price in addition to any increase in Vendor travel costs;

      3. If the venue change occurs at least three (3) but less than six (6) months before the original reserved date of the wedding or event, Client will pay an additional fee equal to forty percent (40%) of the Package Price in addition to any increase in Vendor travel costs; and

      4. If the venue change occurs less than three (3) months before the original reserved date of the wedding or event, Client will pay an additional fee equal to fifty percent (50%) of the Package Price in addition to any increase in Vendor travel costs.

 

16. Travel Disruptions.  Client understands and agrees that Vendor is not responsible for travel disruption affecting the Client, guests, or vendors engaged directly by the Client and Client remains responsible for payment of the Package Price. 

1. 1. Travel; Accommodation Fees. Vendor will travel a complimentary 70 miles round trip during venue tours and meetings. Any driving beyond 70 miles round trip, Vendor has the right to invoice Client based on the current Federal Milage Compensation Rate. Any travel that would require overnight stay, Vendor would require accommodation for lead planner and assistant(s). Notification of such fees will be expressed prior to appointments.

 

17. Notices. Any notice required by this Agreement may be sent via email to the Contractor at the email address listed at the top of this Agreement and to the Company at hello@jasperandlaneevents.com

 

18. Counterparts; Facsimile, Electronic, and Digital Signatures.  This Agreement may be executed in counterparts.  Counterpart and facsimile, digitally, or electronically transmitted signatures, including electronic signatures via DocuSign or other verified electronic signature software programs, will be treated as original signatures as if each party signed one and the same original document. At the request of any Party, the Parties will confirm facsimile, digitally, or electronically transmitted signatures by signing an original document.

 

19. Alternative Dispute Resolution.  In the event of any dispute arising from or relating to this Agreement, the Parties will first attempt to resolve the dispute through mediation with a neutral mediator, the cost of which shall be shared equally by the Parties.  If the Parties cannot agree upon a neutral mediator, or if mediation is unsuccessful, then the Parties agree to submit the dispute to binding arbitration using a single arbitrator following the arbitration rules of the Arbitration Service of Portland, Inc. or its successor organization.

20. Governing Law and Venue.  This Agreement will be governed by and interpreted according to the laws of the state of California, without regard to any conflicts-of-law principles. Any mediation or arbitration proceeding pursuant to Section 19 will occur in San Diego, California; or at a location agreeable to both Parties.

 

21. Force Majeure; Rescheduling.  No party shall be held liable for failure of or delay in performing its obligations under this Agreement (other than the obligation to make payments hereunder) if such failure or delay is the result of an act of God, earthquake, hurricane, tornado, flooding, infestation, pandemic, or other natural disaster, or in the case of war, action of foreign enemies, terrorist activities, labor dispute or strike, government sanction, blockage, embargo, or failure of electrical service. If any federal, state, county, or local law, ordinance, or regulation prevents Client from holding the wedding or event even with reasonable modifications, then Client may elect to reschedule the wedding to an agreed date.  If the rescheduling occurs more than four (4) months before the original wedding or event date, Client will pay a ten percent (10%) replanning fee in addition to any increase in Vendor travel costs.  If the rescheduling occurs less than four (4) months before the original wedding or event date, Client will pay a twenty percent (20%) replanning fee in addition to any increase in Vendor travel costs. 

 

22. Attorney Fees.  In any proceeding arising out of this Agreement other than mediation, the prevailing party may recover its reasonable attorney fees and costs, including fees paid to the arbitrator, from the non prevailing party.

 

23. Entire Agreement. This Agreement, together with any Exhibits attached hereto, constitutes the entire agreement and understanding of the Parties as to the subject matter of this Agreement and replaces all prior understandings and agreements, whether written or oral, among the Parties with respect to the applicable subject matter.

 

 

 

 

 

 

Jasper and Lane Events, California, Sole Proprietor 

Averi Linch

 

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EXHIBIT 1

SERVICES

 

 

Services: The following services are included in the Package Price:

• Welcome Packet

• Wedding Planning Reference Guide

• Unlimited Calls & Emails

• Wedding Venue Walkthrough

• Wedding Coordination Takeover Meetings

  • Vendor Review

  • Timeline Review

  • Decor Review

• Ceremony Coordination (* Not the same as a Rehearsal Dinner)

• Up to 10 Hours of Wedding Coordination

• Decor Set-Up and Tear Down Assistance

 

EXHIBIT 2

 

FEES FOR EXCLUDED SERVICES NOT INCLUDED IN EXHIBIT 1.

(Currently -- None 10/4/23)

 

Onsite, virtual, or remote planning, styling, designing, or coordinating services not included in the Services (“Excluded Services”) are subject to additional fees at hourly rates of $130 per hour.  Examples of Excluded Services include designing paper goods, creating website, pickup or delivery of rentals, planning of bachelor or bachelorette parties, wedding rehearsal dinners, and farewell brunches, etc.

Design changes occurring after Client approval of the final design booklet will be subject to an additional fee equal to ten percent (10%) of the Package Price.