Bridal Consultant Service Agreement
This Bridal Consultant Service Agreement (“the Agreement”) is made effective as of (the “Effective Date”), by and between Andrea T. Thompson (“Andrea or Bridal Consultant or All in 1 Bridal House”) of 12407 Newcastle Farm Way, Upper Marlboro, Maryland 20772 and (“Bride”), of (“Bride’s Address”), (“Bride’s E-mail Address”) and (“Groom”), of (“Groom’s Address”), (“Groom’s E-mail Address”), (collectively the “Wedding Couple”).
Under this Agreement, the Wedding Couple desire to hire Andrea T. Thompson as a professional bridal consultant for their wedding scheduled on (“Wedding Date”). Location(s) of Wedding Day is as follows (if known):
(“Ceremony Place”), (Ceremony Address), (Ceremony City, State Zip Code)
(“Reception Place”), (Reception Address), (Reception City, State Zip Code)
- Description of Services. Beginning on (“Date of Initial Bridal Consultation”), Andrea will provide to the Wedding Couple the following wedding planning services (collectively, the “Services”):
All In 1 Bridal House A La Carte Services:
Check all that applies to Wedding Couples Services as described on the brochure or website:
- Pre-Wedding Consultation – (# of hours= _____)
- Budget Management – (# of hours= _____)
- Vendor Selection & Booking
- Create a Design Board & Inspiration
- Vendors Communication & Payment Management
- Timeline for Wedding Day – (# of hours= _____)
- Layout Assistance for Venue – (# of hours= _____)
- Additional On-Site Assistance the Day of Event – (# of assistants= _____)
- Wedding Party Attire Assistance – (# of hours= _____)
- Unlimited Emails & Conversations
- Day of Event Coordination- (# of hours= _____)
- Performance of Services.
- The manner in which the Services are to be performed and the specific hours to be worked by Andrea shall be determined by the Wedding Couple and the specified hours and work as mentioned in the a la carte services. The Wedding Couple will rely on Andrea to work as many hours as may be reasonably necessary to fulfill Andrea’s obligation under this agreement. There may be extra charges for additional hours which may go over the number of hours specified in the a la carte services.
- The Wedding Couple shall not change the date, time or location of the wedding ceremony & reception without first contacting and advising Andrea of said changes so as to determine if Andrea is still available to provide services. If the wedding Couple do change the date, time or location of the scheduled wedding ceremony & reception, and Andrea is unavailable to provide services, then Andrea is released from all contract obligations, and shall in no way be held responsible or liable in any manner whatsoever for non-performance. The Wedding Couple also forfeit Andrea’s fee for non-compliance with this Agreement.
- Andrea shall arrive at the wedding location at an agreed upon time to meet the vendors at least three hours prior to the start of the ceremony & reception. The Wedding Couple fully understand and agree that Andrea shall not be responsible or held liable in the event Andrea is prohibited from providing wedding day services due to illness, hospitalization, auto accident, transportation breakdown/disruption, traffic difficulties, acts of God such as hurricanes or inclement weather or other unforeseen incapacitation or other cause of non-arrival on the day of the wedding. Andrea will make every attempt to notify the Wedding Couple and to provide for a substitute Bridal Consultant who can provide services if time and resources permit. In any event, Andrea, their agents and assigns shall NOT be held liable for any compensation or any damages (including punitive) due to non-performance of any services resulting from such incapacitations, non-arrival, errors and/or omissions of any type.
- Andrea and other bridal consultants and assistant(s) shall not be held liable for the actions of other vendors due to negligence or brief of contract. Refer to your vendor contracts to assure services are being rendered according to plans made for the Wedding Event.
- As full compensation for the Services provided by Andrea, the Wedding Couple agree to pay Andrea a total sum of (a la carte services pricing). This fee shall be payable in a lump sum upon completion of the Services. The Wedding Couple understand that they are responsible for paying for vendor products and services in full. The Wedding Couple accept responsibility for purchasing items needed for the wedding and reception. If the Wedding Couple request any special provisions or services from Andrea, these details shall be submitted in writing no later than three weeks prior to the wedding date. The details and fee structure will then be in an addendum to this Agreement.
- Retainer. At the time of signing the Agreement, the Wedding Couple shall pay a non-refundable deposit or retainer fee in the amount of (50% of package price) to Andrea for the Services. The deposit will be subtracted from the total payment. The amount owed by the Wedding Couple is (final payment) which is due 10 days prior to the wedding date.
- Expense Reimbursement. All expenses incurred by Andrea during the performance of this Agreement shall be the sole responsibility of Andrea; provided, however, those expenses already agreed upon by both parties to be the responsibility of the Wedding Couple. If other expenses arise during Andrea’s performance of this Agreement, Andrea shall obtain prior consent of the Wedding Couple before Andrea can be reimbursed.
- The Wedding Couple and Andrea agree that this Agreement shall commence on the above date and terminate on (Wedding Day).
- Relationship of Parties. It is understood by the parties that Andrea is an independent contractor with respect to the Wedding Couple, and not an employee of the Wedding Couple. The Wedding Couple will not provide fringe benefits, including health insurance benefit, paid vacation or any other employee benefit, for the benefit of Andrea.
- Andrea’s employees, if any, who perform services for the Wedding Couple under this Agreement shall also be bound by the provisions of this Agreement.
- Liquor Liability. Client agrees that Andrea and All in “1” Bridal House staff has and assumes no liability for excessive alcohol consumption and subsequent injuries caused by impaired persons at events planned by Andrea or other bridal consultants and staff.
- Treatment and Consideration. The Wedding Couple agrees to adhere to proper treatment of Andrea and staff while performing services for the Wedding Event. Rudeness and disrespect will not be tolerated by the Wedding Couple or Andrea or any other bridal consultant and staff of All in “1” Bridal House. Profanity, severe rudeness, insults and disrespect will make grounds for Andrea to cancel event off the books.
- Destination/Travel. Upon this Agreement, if the location of the wedding is outside a 45-mile to 1000+ mile radius of “All in 1 Bridal House” establishment then it is requested that the Wedding Couple provide 3 to 4-day accommodations for the Bridal Consultant and/or assistant(s) in a hotel suite with one King bed or 1 King bed and 2 Double beds. This is necessary for all destination weddings within the United States or outside of the United States. The Bridal Consultant and assistant(s) will need these accommodations in order to provide Services for the Wedding Couple at the ceremony and reception. The Wedding Couple is obligated to pay for the accommodations and travel expenses to make sure all Services are rendered appropriately for their Wedding Day. If the wedding is cancelled, then the Wedding Couple must cancel accommodations. Andrea and staff will work for 12 hours at the destination wedding to adhere to wedding arrangements for the Wedding Couple. Any time over 12 hours will be considered overtime which is $125 for coordinator and $75 for assistant(s) which will be given before the wedding event with final payment.
- The Wedding Couple and high-profile guest such as dignitaries like athletes, politicians, CEOs of major companies, entertainers and various individuals shall have privacy while attending the Wedding Event. There will not be any announcements of their participation in the Wedding Event, however a list must be provided to Andrea to avoid publicity to the public. If social media gets ahold of this list and pictures are taken with non-professional cameras at the event by on-lookers then the Wedding Couple will not hold All in “1” Bridal House liable because we have to seal the list for privacy.
- Indemnification. (1). Andrea shall indemnify and hold harmless the Wedding Couple from and against any and all damages, liabilities, costs, expenses or claims, including but not limited to, reasonable attorney’s fees and disbursements (collectively, the Claims”) that may be asserted against the Wedding Couple that result from (a) any gross negligence or willful misconduct of Andrea arising from Andrea’s duties required under this Agreement, or (b) Andrea breach of any of its obligations, agreements, or duties under this Agreement; provided that such Claims are not the result of the actions or inactions of the Wedding Couple. (2) The Wedding Couple shall indemnify and hold harmless Andrea from and against all Claims that may be asserted against Andrea that result from the Wedding Couple’s breach of any of its obligations, agreements, or duties under this Agreement; provided that such Claims are not the result of the actions or inactions of Andrea.
- Assignment. Andrea’s obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporations without the prior written consent of the Wedding Couple.
- RETURN of Records. Upon termination of this Agreement, Andrea shall deliver all records, notes, data, memoranda, models, and equipment of any nature that is in Andrea’s possession or under Andrea’s control and that are the property of the Wedding Couple.
- Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Bridal consultants of “All in 1 Bridal House” in accordance with this Agreement, Bridal consultants of “All in 1 Bridal House” 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 the Bridal Consultants of “All in 1 Bridal House” and may be used in the reasonable course of “All in 1 Bridal House” business.
- Permitted Use of Product(s). “All in 1 Bridal House” grants to Wedding Couple a non-exclusive license of product(s) produced with and for Wedding Couple for personal use only so long as Wedding Couple provides “All in 1 Bridal House” with attribution each time Wedding Couple uses “All in 1 Bridal House” property. Personal use includes, but is not limited to, use within the following contexts:
- In photos on Wedding Couple’s personal social media pages or profiles; or
- In personal creations, such as scrapbook or personal gift; or
- In personal communications, such as a family newsletter or email or holiday card.
- Wedding Couple has spent a satisfactory amount of time reviewing Andrea’s work and has a reasonable expectation that will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
- Consistency. Andrea will use reasonable efforts to ensure Wedding Couple’s desired Services are produced in a style and manner consistent with “All in 1 Bridal House” current portfolio and Andrea will try to incorporate any reasonable suggestion made by Wedding Couple. However, Wedding Couple understands and agrees that:
- Every Wedding Couple and wedding is different, with different tastes, budgets, and needs;
- Bridal Consultant services are often a subjective art and Bridal consultant has a unique vision, with an ever-evolving style and technique;
- Bridal Consultant will use its artistic judgement when providing Services for Wedding Couple, which may not include strict adherence to Wedding Couples suggestion.
- Although Bridal Consultant will use reasonable efforts to incorporate Wedding Couple’s suggestions and desires when providing Wedding Couple with the Services. Bridal Consultant shall have the final say regarding the aesthetic judgement and artistic quality of the Services.
- Dissatisfaction with Bridal consultant’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
- Andrea shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the Bridal industry and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Andrea on similar projects.
- The occurrence of any of the following shall constitute a material default under this Agreement:
- The failure to make a required payment when due.
- The insolvency or bankruptcy of either party.
- 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 government agency.
- The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
- 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 the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 20 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
- Force Majeure. If 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 give 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. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. 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 ceased. An act or omission shall be demand within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents or affiliates.