Event Planner Agreement - Template, Sample Form Online Pro · US-law
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EVENT PLANNER AGREEMENT
State of ________
RECITALS
A. This Event Planner Agreement (this "Agreement") is made and entered into effective as of ________ (the "Effective Date"), by and between the following party hosting the event (the "Client"):
________
of
________
and the following party planning the event (the "Planner"):
________
of
________
The Client and the Planner are referred to herein individually as a "Party" and collectively as the "Parties."
B. WHEREAS, the Client desires to engage a professional event planner to coordinate and plan the Client's scheduled event; and
C. WHEREAS, the Planner is a professional event planner possessing the skills, experience, and expertise required to plan and coordinate such an event.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
§ I. DESCRIPTION OF EVENT.
1.1. Beginning on ________, the Planner shall commence planning an event of the following description (the "Event") for the Client:
________
1.2. The Event is scheduled to take place on ________ at the following start and end times: ________.
1.3. The Event venue is to be determined in accordance with § II below.
§ II. SERVICES PROVIDED.
2.1. The Client hereby engages the Planner to provide the Client with the following event planning services (the "Services"):
________
2.2. The Planner shall be responsible for booking a venue appropriate for the Event. The venue shall be booked no later than ________ prior to the date the Event is scheduled to occur. The Client shall have final approval of the venue booked, and the Planner shall provide the Client with sufficient notice to successfully book a satisfactory venue by the venue booking deadline.
2.3. The Planner shall be responsible for engaging all vendors necessary to work the Event, with the Client having final approval over all vendors engaged.
2.4. The Planner shall be responsible for arranging all catering necessary at the Event, with the Client having final approval over all food and beverages to be served at the Event.
2.5. The Planner shall arrive at the venue at an agreed-upon time to set up the Event and to meet any vendors at least three (3) hours prior to the scheduled start of the Event.
2.6. The Planner shall devote a reasonable number of hours sufficient to fulfill the Planner's obligations to the Client under this Agreement.
2.7. The Planner's employees, subcontractors, and agents, if any, who perform Services for the Client under this Agreement shall also be bound by the applicable provisions of this Agreement, and the Planner shall remain responsible for their acts and omissions.
§ III. DEPOSIT.
3.1. The Client shall pay to the Planner a non-refundable retainer fee in the amount of $________ (________) (the "Deposit"), due upon execution of this Agreement. The Deposit shall be applied toward the Fee and shall only be refundable to the Client in the event the Client cancels this Agreement prior to the no-penalty cancellation date described in § V of this Agreement.
§ IV. FEES AND PAYMENT.
4.1. For rendering the Services described in this Agreement, the Client agrees to pay the Planner a fixed fee of $________ (________) (the "Fee").
4.2. The Client shall pay the Planner's Fee in one lump-sum payment, due upon completion of the Services rendered and the termination of this Agreement, less any amount of the Deposit applied thereto.
4.3. For any payment not paid when due, the Client shall pay a late fee of $________ (________), together with interest on the unpaid balance at the lesser of ________% per annum or the maximum rate permitted by applicable law.
4.4. Payment shall be made to the following person and address:
________
________
4.6. In addition to any other rights or remedies provided by law, the Planner may treat the Client's nonpayment for Services rendered by the Planner as a material breach of this Agreement and may terminate this Agreement or pursue such legal remedies as the Planner deems appropriate.
§ V. CANCELLATION POLICY.
5.1. The Planner reserves the right to cancel this Agreement without obligation upon written notice to the Client prior to ________. In the event the Planner cancels this Agreement under the terms of this section, the Deposit shall be returned to the Client promptly. Cancellation by the Planner later than ________ shall require the Planner to pay a penalty of $________ (________).
5.2. The Client reserves the right to cancel this Agreement without obligation upon written notice to the Planner prior to ________. In the event of such cancellation, the Deposit shall be returned promptly to the Client. Cancellation by the Client for any reason later than ________ shall result in forfeiture of the Deposit. Cancellation by the Client later than ________ shall require payment of any outstanding balance of the full Fee to the Planner. The Parties acknowledge that the foregoing amounts represent a reasonable estimate of the damages likely to be incurred and not a penalty.
§ VI. RELATIONSHIP OF THE PARTIES.
§ VII. USE OF NAME AND IMAGE.
7.1. Neither the Client's name and image, nor the name and image of any of the Client's guests, may be used or associated, either directly or indirectly, with any product or service without the prior written consent of the affected person in the form of a signed release.
§ VIII. INDEMNIFICATION.
8.1. The Client and the Planner, each at its own expense, shall indemnify, defend, and hold the other, its partners, directors, officers, agents, and employees harmless from and against any and all third-party lawsuits, actions, or proceedings and any related costs and expenses, including reasonable attorneys' fees, resulting directly and solely from the indemnifying party's negligence or willful misconduct.
8.2. Neither the Client nor the Planner shall be responsible for defending, indemnifying, or holding the other party, its partners, directors, officers, agents, or employees harmless from and against any third-party lawsuits, actions, or proceedings that result from the negligence or wrongful acts of the party seeking indemnification or of any third party.
8.3. The Client and the Planner agree to give each other prompt written notice in the event of any claim arising to which they believe indemnification is relevant and necessary.
8.4. The indemnifying party shall have the right to defend against such claims with counsel of its choosing and to settle such claims as it deems reasonable and appropriate, provided that no settlement imposing liability or obligation on the indemnified party shall be made without that party's prior written consent.
8.5. The Client and the Planner agree to cooperate with each other in the defense of any such claims.
8.6. The provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination.
§ IX. CONFIDENTIALITY.
9.1. The Planner acknowledges that, during the course of performing the Services under this Agreement, the Planner may have access to and become acquainted with confidential and proprietary information concerning the Client, including but not limited to personal information, guest lists, financial information, and the details of the Event.
9.2. The Planner agrees that the Planner will not, at any time during or after the term of this Agreement, disclose any such confidential information to any third party without the prior written consent of the Client, except as may be required in the ordinary course of performing the Services or as required by law.
9.3. The Planner agrees to use such confidential information solely for the purpose of fulfilling the Planner's obligations under this Agreement and for no other purpose whatsoever.
9.4. The provisions of this section shall survive the expiration or termination of this Agreement.
§ X. ASSIGNMENT.
10.1. Neither Party may assign or transfer this Agreement, in whole or in part, or any of its rights or obligations under this Agreement, without the prior written consent of the other Party.
10.2. Any attempted assignment or transfer in violation of this section shall be null and void and of no effect.
§ XI. WARRANTY.
11.1. The Planner shall provide the Services and meet the Planner's obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the Services that meet generally accepted standards in the Client's community and region, and shall provide a standard of care equal to, or superior to, the care used by similar event planners on similar projects.
11.2. The Planner shall not consume or use illegal substances or alcoholic beverages while performing the Planner's duties under this Agreement.
§ XII. DEFAULT.
12.1. The occurrence of any of the following shall constitute a material default under this Agreement:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either Party.
c. The subjection of any of either Party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or governmental agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
§ XIII. REMEDIES.
13.1. In addition to any and all other rights a Party may have available according to law, if a Party defaults by failing to substantially perform any provision, term, or condition of this Agreement (including, without limitation, the failure to make a monetary payment when due), the other Party may terminate this Agreement by providing written notice to the defaulting Party.
13.2. Such notice shall describe with sufficient detail the nature of the default.
13.3. The Party receiving such notice shall have seven (7) days from the effective date of such notice to cure the default(s). Unless waived by the Party providing notice, the failure to cure the default(s) within such time period shall result in automatic termination of this Agreement.
§ XIV. FORCE MAJEURE.
14.1. If the performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either Party's reasonable control ("Force Majeure"), and if the Party unable to carry out its obligations gives the other Party prompt written notice of such event, then the obligations of the Party invoking this provision shall be suspended to the extent necessary by such event.
14.2. The term "Force Majeure" shall include, without limitation, acts of God, pandemic, epidemic, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, national emergencies, insurrections, riots, or wars, strikes, lock-outs, or work stoppages.
14.3. The excused Party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or cease.
14.4. An act or omission shall be deemed within the reasonable control of a Party if committed, omitted, or caused by such Party, or its employees, officers, agents, or affiliates.
§ XV. PERFORMANCE.
15.1. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor.
15.2. Adherence to the completion dates set forth in the description of the Services is essential to the Planner's performance of this Agreement.
§ XVI. ENTIRE AGREEMENT.
16.1. 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, concerning the subject matter of this Agreement.
16.2. This Agreement supersedes any prior written or oral agreements between the Parties.
§ XVII. SEVERABILITY.
17.1. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
17.2. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
§ XVIII. AMENDMENT.
18.1. This Agreement may be modified or amended only in writing, provided that the writing is signed by the Party obligated under the amendment.
§ XIX. GOVERNING LAW AND VENUE.
19.1. This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict of laws principles.
19.2. The Parties agree that any dispute arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in ________, and each Party consents to the personal jurisdiction of such courts.
§ XX. NOTICE.
20.1. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph of this Agreement or to such other address as one Party may have furnished to the other in writing.
§ XXI. WAIVER OF CONTRACTUAL RIGHTS.
21.1. 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.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
EXECUTION:
_________________________________
________, Planner
_________________
Date
_________________________________
________, Client
_________________
Date
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