Event Planner Agreement - Template, Sample Form Pro · PH-law
✓ Valid in Philippines · drafted to comply with local law
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EVENT PLANNER AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Event Planner Agreement (the "Agreement") is made and entered into this ________ day of ________, at the City/Municipality of ________, Province of ________, Republic of the Philippines, by and between:
________, Filipino, of legal age, with Tax Identification Number ________ and government-issued identification number ________, and with address at ________, hereinafter referred to as the "Event Planner";
- and -
________, Filipino, of legal age, with Tax Identification Number ________ and government-issued identification number ________, and with address at ________, hereinafter referred to as the "Client".
The Event Planner and the Client shall hereinafter be referred to individually as a "Party" and collectively as the "Parties".
WITNESSETH: That —
WHEREAS, the Event Planner possesses the skills, qualifications, and expertise required to render event planning services to the Client, as more particularly described below;
WHEREAS, the Client desires to engage the services of the Event Planner; and
WHEREAS, the Event Planner is willing to render such event planning services to the Client upon the terms and conditions set forth herein;
NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants and stipulations hereinafter set forth, and pursuant to Articles 1305, 1306, and 1713 of the Civil Code of the Philippines (Republic Act No. 386), the Parties hereby agree as follows:
Art. I. NATURE OF AGREEMENT
§ 1.1. This Agreement constitutes a contract for a piece of work (contrato de obra) under Articles 1713 to 1731 of the Civil Code of the Philippines, whereby the Event Planner undertakes to render the Services to the Client for a price certain. The Event Planner shall render the Services as an independent contractor and not as an employee, agent, or partner of the Client.
Art. II. TERM
§ 2.1. This Agreement shall take effect on ________ and shall continue in full force and effect until the completion or termination of the Event as provided below, unless sooner terminated pursuant to the express provisions of this Agreement.
Art. III. THE EVENT
§ 3.1. A description of the Event is as follows:
________
§ 3.2. The Event shall take place as follows:
Date: ________
Time: ________
Location:
________
Art. IV. EVENT PLANNING SERVICES
§ 4.1. The Event Planner shall render to the Client, and the Client accepts, the following event planning services (the "Services"):
________
§ 4.2. For the proper conduct of the Event, the Parties agree that:
(a) The Event Planner shall secure and book an appropriate venue for the Event;
(b) The Event Planner shall be present at the venue at such times as agreed upon by the Parties to undertake the necessary preparations and to ensure that every aspect of the Event is in order, arriving at the venue at least three (3) hours prior to the commencement of the Event to address any problems that may arise;
(c) The Event Planner shall devote a reasonable number of hours to ensure that the terms, conditions, and obligations under this Agreement are fulfilled;
(d) The Event Planner shall advertise, market, and promote the Event;
(e) The Event Planner shall host and manage the Event;
(f) The Event Planner shall secure and comply with all licenses, permits, clearances, and approvals required by law and by the concerned local government unit in connection with and throughout the Event; and
(g) The Event Planner shall comply with, and shall cause all vendors, suppliers, service providers, and participants to comply with, all applicable laws, regulations, regulatory guidelines, and codes applicable to the Event and the advertising and promotion thereof.
Art. V. DEPOSIT
§ 5.1. The Client shall pay a deposit in the amount of ________ (₱________), which shall be due and payable upon the signing of this Agreement (the "Deposit"). The Deposit shall be returned to the Client only in the circumstances expressly provided under the Cancellation Policy below.
Art. VI. CANCELLATION POLICY
§ 6.1. The Event Planner may cancel this Agreement without further obligation, provided that written notice is given to the Client on or before ________. Should the Event Planner cancel before said date, the Deposit shall be returned to the Client immediately. Should the Event Planner cancel after ________, the Event Planner shall be liable to pay the Client the amount of ________ (₱________) by way of liquidated damages under Article 2226 of the Civil Code of the Philippines, in addition to the return of the Deposit.
§ 6.2. The Client may likewise cancel this Agreement without further obligation, provided that written notice is given to the Event Planner on or before ________. Should the Client cancel before said date, the Deposit shall be returned to the Client immediately. Should the Client cancel after ________, the Deposit shall be forfeited in favor of the Event Planner by way of liquidated damages.
Art. VII. SERVICE FEES
§ 7.1. In consideration of the Services to be rendered, the Parties agree that:
(a) The Client shall pay the fixed sum of ₱________ (________) as compensation for the Services (the "Service Fee");
(b) The Service Fee shall be due and demandable upon the signing of this Agreement;
(c) The Event Planner shall be entitled to issue an invoice as soon as the Service Fee or any part thereof becomes due and demandable;
(d) The Client shall pay each invoice within ________ days from the date of receipt thereof; and
(e) The Client may settle the invoice as follows:
________
Art. VIII. MATERIALS, COSTS, AND DISBURSEMENTS
§ 8.1. The Event Planner may charge the Client, on top of the Service Fee, for all reasonable and necessary costs and expenses incurred in performing the Services, including but not limited to communications, internet connection, travel, photocopying, courier services, and postage, subject to the prior consent of the Client and supported by appropriate receipts and documentation.
Art. IX. LATE PAYMENTS
§ 9.1. Should the Client fail to pay any invoice or amount when due under this Agreement, the Event Planner shall be entitled to charge interest on the outstanding amount at the rate of six percent (6%) per annum, consistent with prevailing jurisprudence and Bangko Sentral ng Pilipinas Circular No. 799. The Event Planner may also require advance payment for the Services or any part thereof and may suspend performance of the Services until payment is made, at the Event Planner's sole and exclusive discretion, without prejudice to any other remedy available at law.
Art. X. TAXES
§ 10.1. All charges payable under this Agreement are exclusive of value-added tax and other applicable taxes and surcharges. Taxes imposed upon or required to be paid by the Client or the Event Planner shall be the sole responsibility of each Party, respectively. Any applicable withholding taxes shall be withheld and remitted in accordance with the National Internal Revenue Code of 1997, as amended, and the regulations of the Bureau of Internal Revenue.
Art. XI. EXPIRATION AND TERMINATION
§ 11.1. This Agreement shall automatically terminate upon the completion of the Event or the expiration of the Term, without need of notice from either Party.
§ 11.2. Either Party may immediately terminate this Agreement upon a material breach by the other Party if: (a) the breach is incapable of cure; or (b) being capable of cure, the breaching Party fails to cure the same within fifteen (15) days following written notice of the breach.
§ 11.3. Upon termination, whether by expiration or otherwise, all grants and rights provided under this Agreement and arising from the business relationship of the Parties shall be automatically revoked, and each Party shall immediately cease using the other Party's marks, intellectual property, and other resources related to the Event.
§ 11.4. Notwithstanding the expiration or termination of this Agreement, all provisions which, by their nature, are intended to survive shall remain in full force and effect.
Art. XII. FORCE MAJEURE
§ 12.1. Neither Party shall be liable for any failure or delay in the performance of its obligations under this Agreement to the extent such failure or delay is caused by fortuitous events or events beyond the reasonable control of the affected Party, within the meaning of Article 1174 of the Civil Code of the Philippines, including but not limited to acts of God, fire, flood, earthquake, typhoon, storm, epidemic, pandemic, war, riot, civil disturbance, strike, lockout, or governmental action (a "Force Majeure Event").
§ 12.2. The affected Party shall promptly notify the other Party in writing of the occurrence of the Force Majeure Event and shall use its best efforts to mitigate the effects thereof and to resume performance as soon as reasonably practicable. Should the Force Majeure Event continue for a period exceeding thirty (30) days, either Party may terminate this Agreement upon written notice to the other Party without further liability, except for obligations that have already accrued prior to the occurrence of the Force Majeure Event.
Art. XIII. INDEMNIFICATION
§ 13.2. Neither Party shall be liable for any indirect, special, incidental, exemplary, punitive, or consequential damages, except for claims arising under the preceding paragraph and except as may be otherwise provided under Articles 2199 to 2235 of the Civil Code of the Philippines.
Art. XIV. TIME FOR PERFORMANCE
§ 14.1. Time shall be of the essence in the performance by the Event Planner of its obligations under this Agreement. Any dates, periods, or times specified herein are to be strictly observed, and failure to do so shall constitute a breach. Should the Event Planner anticipate being unable to complete an assigned task on time, it shall notify the Client at least twenty-four (24) hours before such task is due; otherwise, the Client may treat such failure as a material breach of this Agreement.
Art. XV. CONFIDENTIALITY AND DATA PRIVACY
§ 15.1. Each Party (the "Disclosing Party") may from time to time disclose to the other Party (the "Receiving Party") confidential and/or proprietary information relating to its business, including but not limited to attendee and client lists, client notes, specifications, project information, plans, and technological resources, whether or not marked as confidential, that a reasonable person would understand to be confidential given the circumstances of disclosure. The Receiving Party agrees that it shall:
(a) Not disclose the confidential and/or proprietary information to any third party by any means not authorized by the Disclosing Party;
(b) Not copy or duplicate the confidential and/or proprietary information unless specifically directed to do so by the Disclosing Party;
(c) Not use the confidential and/or proprietary information for any purpose except those expressly authorized by the Disclosing Party; and
(d) Immediately inform the Disclosing Party upon becoming aware of any unauthorized use or disclosure of the confidential and/or proprietary information.
§ 15.3. This Article shall survive the termination of this Agreement for a period of five (5) years.
Art. XVI. RELATIONSHIP OF THE PARTIES
§ 16.1. The Parties acknowledge and agree that nothing in this Agreement shall be deemed to constitute an employment, partnership, joint venture, or agency relationship between them, and that this Agreement is for the sole and express purpose of the rendering of the Services by the Event Planner to the Client as an independent contractor under the terms and conditions herein.
Art. XVII. NOTICES
§ 17.1. All notices and communications required or permitted under this Agreement shall be in writing and may be sent by personal delivery, registered mail, or electronic mail to the Parties at the following addresses:
(a) Event Planner: ________
(b) Client: ________
Art. XVIII. ASSIGNMENT
§ 18.1. This Agreement and the rights granted hereunder may not be assigned, sold, leased, or otherwise transferred, in whole or in part, by either Party without the prior written consent of the other Party.
Art. XIX. SUPPORTING DOCUMENTS AND ADDITIONAL ACTS
§ 19.1. The Parties agree to execute such other documents and perform such other acts as are reasonable and necessary for the proper implementation of this Agreement.
Art. XX. GOVERNING LAW AND VENUE
§ 20.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
§ 20.2. The Parties agree that any action or proceeding arising out of or relating to this Agreement shall be brought exclusively before the proper courts of ________, to the exclusion of all other venues.
Art. XXI. WAIVER
§ 21.1. The failure of either Party to insist, in one or more instances, upon the strict performance of any term of this Agreement, or to exercise any right herein, shall not be construed as an abandonment, cancellation, or waiver of such term or right. No waiver shall be effective unless expressed in writing and signed by the Party granting it. No waiver of any term or provision shall constitute a waiver of any other term or provision or of the same provision on a future occasion.
Art. XXII. COUNTERPARTS
§ 22.1. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Should the dates of signing differ, the Agreement shall be effective as of the date on which both Parties have signed.
Art. XXIII. SEVERABILITY
§ 23.1. The invalidity of any portion of this Agreement shall not affect the validity of any other provision. In the event that any provision is held to be invalid, the remaining provisions shall remain in full force and effect as if executed subsequent to the removal of the invalid provision.
Art. XXIV. CUMULATIVE RIGHTS
§ 24.1. The rights of the Parties under this Agreement and under the law are cumulative and shall not be construed as exclusive unless otherwise required by law.
Art. XXV. HEADINGS
§ 25.1. Headings are provided for convenience only and shall not affect the interpretation of this Agreement.
Art. XXVI. ENTIRETY OF AGREEMENT
§ 26.1. This Agreement represents the entire agreement between the Parties and supersedes all prior negotiations, representations, and agreements, whether oral or written, relating to the subject matter hereof.
Art. XXVII. AMENDMENTS AND MODIFICATIONS
§ 27.1. This Agreement may be amended or modified only by a written instrument signed by both Parties.
IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the date and at the place first above written.
________
Event Planner
________
Client
SIGNED IN THE PRESENCE OF:
________ ________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
________ ) S.S.
BEFORE ME, a Notary Public for and in the above jurisdiction, this ________ day of ________, personally appeared the following:
________ — ________, issued on ________ at ________;
________ — ________, issued on ________ at ________;
known to me and to me known to be the same persons who executed the foregoing Event Planner Agreement, and they acknowledged to me that the same is their free and voluntary act and deed.
This instrument, consisting of ________ pages, including the page on which this Acknowledgment is written, has been signed by the Parties and their witnesses on each and every page hereof.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
______________________________
NOTARY PUBLIC
Doc. No. ________;
Page No. ________;
Book No. ________;
Series of ________.
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