Vendor Services Agreement

This Vendor Services Agreement (this “Agreement”), dated as of the date of the last party accepting the Agreement (the “Effective Date”), is made and entered into by and between the vendor agreeing to this Agreement (“Vendor”) and the client agreeing to this Agreement (“Client”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. THIS AGREEMENT GOVERNS CLIENT’S USE AND VENDOR’S PROVISION OF THE SERVICES (AS DEFINED BELOW).  BY USING OR PROVIDING THE SERVICES OR BY CHECKING “I AGREE”, CLIENT AND VENDOR ARE CONFIRMING THAT THEY UNDERSTAND THIS AGREEMENT AND ACCEPT ALL OF ITS TERMS AND CONDITIONS.

RECITALS

  1. Client has scheduled a special Event (the “Event’”) and therefore desires to engage Vendor to provide certain Services in support of the Event that Client has or will order through the Event Hollow booking and management services (the “Event Hollow Services”); and

  2. Vendor desires to provide those Services to Client using the Event Hollow Services.

Therefore, the parties agree as follows.

AGREEMENT

  1. OBLIGATIONS.  

    1. SERVICES.  Vendor will provide the services that Client orders and Vendor accepts through the Event Hollow services (the “Services”).  Each category of Services (for example, photography or floral arrangements) may be subject to additional terms specific to that Service.  Those terms are provided in a schedule to this Agreement, which is incorporated herein by reference (each a “Schedule”).  If Client orders such a category of Services and Vendor agrees to provide that category of Services, then the terms of the applicable Schedule will apply.

    2. CHANGES.  In the event Client wants to make any changes to the Services, Client will request such changes from Vendor in writing or using the Event Hollow Services.  If Vendor agrees to those changes, Client agrees to pay any Fees (defined below) associated with the change. The Fees may be due immediately upon acceptance of the change request by Vendor.

    3. PAYMENT.  The fees for the Services are set forth on the Event Hollow Services (the “Fees”).  Client will pay a deposit of 50% of the total Fees for the Services upon placing an order (the “Deposit”).  The remaining 50% is due on the day of the Event.

    4. MEALS.  If Vendor is required to attend the Event to provide the Services, Client will provide a meal for Vendor and each of its staff members.

    5. RENTAL PROPERTY.  In the event the Services include the provision of rental property to Client (“Rental Property”), Client will promptly return all such Rental Property to Vendor after the Event in the same condition as it was provided to Client, excepting normal wear and tear.  In the event Rental Property is damaged, lost, stolen, or otherwise not so returned, Client will be responsible for paying a reasonable replacement fee to Vendor.

  2. SUBCONTRACTING.  Vendor may utilize staff in its discretion to provide the Services in accordance with the Agreement.  Vendor shall not, however, subcontract any Services to a third party without the prior written consent of Client.  If Client so consents, Vendor shall ensure that any such subcontractor is bound to the terms of this Agreement. Notwithstanding the existence or terms of any subcontract, Vendor is responsible and liable to Client for the full performance of the Services and for its subcontractors’ full compliance with the terms of this Agreement.

  3. WARRANTIES.  

    1. VENDOR WARRANTIES.  Vendor represents, warrants, and covenants that:  (a) Vendor shall perform the Services in a competent and professional manner in accordance with the level of professional care customarily observed by highly skilled professionals rendering similar services; (b) Vendor has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement; and (c) Vendor possesses all licenses required to provide the Services and the Services will not violate any applicable laws or regulations or cause a breach of any agreements with any third parties.

    2. CLIENT WARRANTIES.  Client represents, warrants, and covenants that:  (a) Client has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement; and (b) Client has obtained any required permits or other rights or permissions necessary for the Event.

  4. INDEMNITY.  Each party shall indemnify, defend, and hold harmless the other party, and its parent companies, subsidiaries, affiliates, shareholders, members, managers, officers, directors, employees, agents, and representatives from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs, which will be reimbursed as incurred) of any kind or nature, arising from or relating to, (a) any actual or alleged breach of any of the party’s representations, warranties, or covenants in this Agreement, (b) any property damage or personal injury (including death) to the extent caused by that party or, in the case of Client, by any of the guests or other service providers at the Event, and (c) any actual or alleged gross negligence, willful misconduct, or fraud of the party.  The indemnifying party may not settle any indemnified claim against the indemnified party unless the settlement unconditionally releases the indemnified party of all liability. The indemnified party may participate in the defense of any indemnified claim at its expense. The indemnified party, at the indemnifying party’s expense, may undertake and control the defense of any indemnified claim in the event of the material failure of the indemnifying party to undertake and control the same.

  5. TERM; TERMINATION.  

    1. TERM.  This Agreement begins on the Effective Date and, unless earlier terminated pursuant to this Agreement, continues until all obligations under the Agreement have been performed.  

    2. TERMINATION.  Either party may terminate the Agreement up until one (1) month prior to the date of the Event.  In the event Client so terminates the Agreement, Client will forfeit the Deposit. If Vendor so terminates, Vendor will refund the Deposit to Client.  Either party may immediately terminate this Agreement if the other party breaches any material term of this Agreement and, if such breach is capable of cure, the breaching party fails to cure such breach within twenty (20) days of written notice thereof.  In addition to any other remedies that Client may have, if Vendor fails to perform the Services for the Event without previously terminating the Agreement as permitted by this Section, Vendor will refund all Fees paid for those Services to Client.

    3. SURVIVAL.  The terms of this Agreement that, by their sense and context, are intended to survive the completion or termination of this Agreement shall so survive the completion of performance and termination of this Agreement, including, without limitation, Sections  3, 4, 5.3, 6, and 7.

  6. PUBLICITY RELEASE.  Client hereby grants to Vendor the right, but not the obligation, to take and use photographs at and from the Event, including Client’s first name, image, and likeness in any and all media, in perpetuity, and throughout the world for advertising, marketing, publicity, and promotional purposes without further compensation.  Client hereby releases Vendor from any liability arising from such use, including, without limitation, claims for invasion of privacy, infringement of my right of publicity, and defamation (including libel and slander).

  7. MISCELLANEOUS.

    1. INSURANCE.  Vendor has or will obtain prior to performing the Services all legally required and industry standard insurance related to its provision of the Services.

    2. INDEPENDENT CONTRACTORS.  The parties are independent contractors, and nothing in this Agreement shall be deemed or construed to create, or have been intended to create a partnership, joint venture, employment, or agency relationship between the parties.  Each party agrees that it neither has nor will give the appearance or impression of possessing the legal authority to bind or commit the other party in any way except as expressly provided in this Agreement. Vendor acknowledges and agrees and it is the intent of the parties hereto that Vendor receive no company-sponsored benefits (e.g. paid vacation, sick leave, and medical insurance) from Client either as a contractor or employee, except as required by law.

    3. ASSIGNMENT.  Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party; provided, however, that Client may assign this Agreement (a) to an affiliate or (b) as part of a merger, consolidation, corporate reorganization, sale of all or substantially all assets, sale of stock, change of name, or like event.  Any purported assignment, transfer, delegation, sale, or other disposition, except as expressly permitted herein, is void. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

    4. NOTICES.  All notices between the parties shall be in writing and shall be deemed to have been given if personally delivered or sent by certified mail (return receipt requested), electronic mail, or facsimile, to the other party’s current or last known address.  Notices shall be deemed effective upon receipt if personally delivered, three (3) business days after it was sent if by certified mail, or one (1) business days after it was sent if by electronic mail or facsimile.

    5. AMENDMENTS.  This Agreement cannot be modified or amended in any way except by written agreement (including electronic acceptance) of both parties.   

    6. GOVERNING LAW; VENUE.  The parties agree that this Agreement shall be governed by the laws of the State of California exclusive of any choice of law and conflict of law rules.  All legal proceedings relating to or arising out of this Agreement must be brought in the state or federal courts sitting in San Francisco, California, United States of America.

    7. SEVERABILITY.  If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect.  If no enforceable provision can be substituted for any such invalid or unenforceable provision, then that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of any remaining provisions in this Agreement.

    8. WAIVER.  Any failure of a party to enforce, for any period of time, any of the provisions under this Agreement will not be construed as a waiver of such provisions or of the right of said party thereafter to enforce each and every provision under this Agreement.

    9. ENTIRE AGREEMENT.  This Agreement constitutes the complete and final agreement of the parties pertaining to the Services and supersede the parties’ prior and contemporaneous agreements, understandings, and discussions relating to the Services.  


PHOTOGRAPHER SCHEDULE

If CLIENT has selected and booked a package with an Event Hollow Photographer, the following terms apply:

  1. Contract: The Event Hollow Photographer will complete and fulfill all contracted duties of the Photo Package purchased by CLIENT.

  2. Equipment: If any equipment owned by the photographer is damaged due to a guest of the EVENT, then CLIENT is responsible for reimbursement.


VIDEOGRAPHER SCHEDULE

If CLIENT has selected and booked a package with an Event Hollow Videographer, the following terms apply:

  1. Contract: The Event Hollow Videographer/Filmographer will complete and fulfill all contracted duties of the Video/Film Package purchased by CLIENT.

  2. Equipment: If any equipment owned by the Videographer is damaged due to a guest of the EVENT, then CLIENT is responsible for reimbursement.


PLANNER/ COORDINATOR/DESIGNER SCHEDULE

If CLIENT has selected and booked a package with an Event Hollow Planner/Coordinator/Event Designer, the following terms apply:

  1. Contract: The Event Hollow Planner/Coordinator/Event Designer will complete and fulfill all contracted duties of the Plan Package purchased by CLIENT.

  2. Communication: Communication styles are communicated and agreed upon between CLIENT and Planner/Coordinator/Event Designer, and thus followed through.

  3. Rentals: any equipment/decor rented come with the understanding that all items will be returned in the same condition they were loaned. A replacement fee will be charged for any lost or damaged items.  

  4. Venue Access: Event Hollow Planner/Coordinator/Event Designer will attend at least one (1) venue walk-through to assess needs and conditions.  On day of, Event Hollow Planner/Coordinator/Event Designer needs to have access to the Venue no later than 2 hours in advance of the Start Time for the Event, and 1 hour after the End Time for clean up.


CATERER SCHEDULE

If CLIENT has selected and booked a package with an Event Hollow Caterer, the following terms apply:

  1. Contract: The Event Hollow Caterer will complete and fulfill all contracted duties of the Cater/Chef Package purchased by CLIENT.

  2. Rentals: any equipment rented come with the understanding that all items will be returned in the same condition they were loaned. A replacement fee will be charged for any lost or damaged items.  

  3. Set-Up: The Event Hollow Caterer will be responsible for all set-up and take-down of service area.

  4. Menu to Be Served: The CLIENT has agreed to the cuisine style of the selected caterer and will have agreed to a decided menu no later than two weeks prior to the wedding/event date. Caterer reserves the right to make small changes to the menu if key ingredients are unable to be sourced due to reasons beyond their control.  The following limitations will apply to this reservation of right, if the CLIENT has informed the Caterer of dietary restrictions, allergies, ingredient preferences.  These limitations must have written communication for documentation reference.

  5. Venue Access: Caterer will attend one (1) venue walk-through to assess needs and conditions.  On day of, Caterer needs to have access to the Venue no later than 2 hours in advance of the Start Time for the Event, and 1 hour after the End Time for clean up.  If CLIENT has no Event Hollow Planner, CLIENT will make all necessary arrangements, at CLIENT’s expense, to get this access arranged.

  6. Legal Compliance: Caterer will work in compliance with all applicable local health department rules and regulations relating to food preparation and food service.


FLORAL DESIGNER SCHEDULE

If CLIENT has selected and booked a package with an Event Hollow Floral Designer, the following terms apply:

  1. Contract:The Event Hollow Floral Designer will complete and fulfill all contracted duties of the Floral Package purchased by CLIENT.

  2. Rentals: Any equipment or vases rented come with the understanding that all items will be returned in the same condition they were loaned. A replacement fee will be charged for any lost or damaged items.  

  3. Substitutions: CLIENT agrees to communicate any color and/or flower variety preferences. The Event Hollow Florist will advise CLIENT on seasonality of specific flower varieties, however substitutions may need to be made based on availability issues or other unforeseen or uncontrollable circumstances. By signing this contract, the CLIENT authorizes floral substitutions within a specific color palette. Necessary substitutions will be at the designer's discretion.

  1. Set-Up: The Event Hollow Florist will be responsible for all set-up and take-down of products.


DISC JOCKEY SCHEDULE

If CLIENT has selected and booked a package with an Event Hollow Disc Jockey, the following terms apply:

  1. Contract: The Event Hollow Disc Jockey will complete and fulfill all contracted duties of the Mix Package purchased by CLIENT.

  2. Venue Access: Disc Jockey needs to have access to the Venue no later than 1 hours in advance of the Disc Jockey Start Time, and 1 hour after the Disc Jockey End Time for clean up.  If CLIENT has no Event Hollow Planner, CLIENT will make all necessary arrangements, at CLIENT’s expense, to get this access arranged.

  3. Set-Up: The Event Hollow Disc Jockey will be responsible for all set-up and take-down of service area. A 6ft table and drape must be provided by CLIENT.



MUSICAL SOLOIST/ENSEMBLE/BAND SCHEDULE

If CLIENT has selected and booked a package with an Event Hollow Musical Soloist/Ensemble/Band, the following terms apply:

  1. Contract: The Event Hollow Musical Soloist/Ensemble/Band will complete and fulfill all contracted duties of the Soloist/Ensemble/Band Package purchased by CLIENT.

  2. Venue Access: Musical Soloist/Ensemble/Band needs to have access to the Venue no later than 1 hours in advance of the Musical Soloist/Ensemble/Band, and 1 hour after the Musical Soloist/Ensemble/Band End Time for clean up.  If CLIENT has no Event Hollow Planner, CLIENT will make all necessary arrangements, at CLIENT’s expense, to get this access arranged.

  1. Set-Up: The Event Hollow Musical Soloist/Ensemble/Band will be responsible for all set-up and take-down of service area.


PAPERY/INVITATION DESIGNER SCHEDULE

If CLIENT has selected and booked a package with an Event Hollow Papery, the following terms apply:

  1. Contract: The Event Hollow Papery will complete and fulfill all contracted duties of the Paper/Stamp/Press Package purchased by CLIENT.

  2. Changes: All changes and additions, such as invitation count and design changes must be made 3 months prior to the wedding/event date. This does not apply to programs, special arrangements, or any other last minute item.

  3. Copyright: All designs and stationery are copyright of the selected Event Hollow Papery/Designer. All rights are reserved. Any unauthorised reproduction of the selected Event Hollow Papery/Designer’s designs or products is strictly prohibited. We take any unauthorised copying or printing of our design work very seriously. Legal action will be taken in all such cases. Any designs created for you using our service will remain copyright of the selected Event Hollow Papery/Designer.

  4. Client Provides: All text that you the CLIENT would like to feature on your items of stationery must be supplied to the selected Event Hollow Papery/Designer in Word, Excel or Email format (this includes guest names). The Papery/Designer is unable to produce your order if you the CLIENT do not supply the information, as and when requested. If you the CLIENT fails to supply the required information to produce your order, the selected Event Hollow Papery/Designer cannot be held liable for being unable to complete your order.

  5. Proofs: It is your responsibility as the CLIENT to check that your text details and spelling of names are correct before printing. The checking of proofs is the responsibility of the CLIENT. Written confirmation is required either by signed physical sample return or e-mail stating that the proof(s) are correct and/or that the requested amendments have been made. Your your order will not be printed until you have confirmed that you are happy to proceed to final print. All confirmations will be dated and filed.


CALLIGRAPHER SCHEDULE

If CLIENT has selected and booked a package with an Event Hollow Calligrapher, the following terms apply:

  1. Contract: The Event Hollow Calligrapher will complete and fulfill all contracted duties of the Script Package purchased by CLIENT.

  2. Changes: All changes and additions, such as invitation count and design changes must be made 3 months prior to the wedding/event date. This does not apply to programs, special arrangements, or any other last minute item.

  3. Copyright: All designs and stationery are copyright of the selected Event Hollow Calligrapher. All rights are reserved. Any unauthorised reproduction of the selected Event Hollow Calligrapher’s designs or products is strictly prohibited. We take any unauthorised copying or printing of our design work very seriously. Legal action will be taken in all such cases. Any designs created for you using our service will remain copyright of the selected Event Hollow Calligrapher.

  4. Review: Custom work must be reviewed within 48 hours of delivery. If within 48 hours of delivery, and at the sole discretion of the selected Event Hollow Calligrapher,  reasonable requests for revision will be considered.

  5. Proofs: It is your responsibility as the CLIENT to check that your text details and spelling of names are correct before printing/handwriting. The checking of proofs is the responsibility of the CLIENT. Written confirmation is required either by signed physical sample return or e-mail stating that the proof(s) are correct and/or that the requested amendments have been made. Your your order will not be printed/written until you have confirmed that you are happy to proceed to final print/written production. All confirmations will be dated and filed.

  6. Error & Omissions: From time to time there may be information on our Web Site or in our catalogue that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. The selected Event Hollow Calligrapher reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after order submission).

  7. Refunds & Returns: Custom work: Due to the handwritten quality of all our work, we do not offer refunds on any orders. With hand lettering, it is common for there to be variances in the spacing, size and style of letters. Calligraphy is an art and no two handwritten pieces can be identical. Although we do not offer refunds, we will gladly redo any reasonable discrepancies.



BEAUTY/HAIR & MAKEUP ARTISTS  SCHEDULE

If CLIENT has selected and booked a package with an Event Hollow Hair/Makeup Artist, the following terms apply:

Contract: The Event Hollow Hair Stylist/Makeup Artist will complete and fulfill all contracted duties of the Beauty Package purchased by CLIENT.



BAR SERVICES  SCHEDULE

If CLIENT has selected and booked a package with an Event Hollow Bar Service Company, the following terms apply:

  1. Contract: The Event Hollow Bar Service Provider will complete and fulfill all contracted duties of the Bar Package purchased by CLIENT.

  2. Licenses & Permits: The Event Hollow Bar Service Provider will be solely responsible for the acquisition of all licenses and permits required to provide bartending services for the wedding/event date.

  3. Set-Up: The Event Hollow Bar Service Provider will be responsible for all set-up and take-down of service area.

  4. Legal: The Event Hollow Bar Service Provider will be responsible for ensuring that no underage patrons purchase or consume alcohol from the bar. The Bartender will only sell/serve to those legally permitted to drink in California. The Bartender will also use his/her discretion to cease serving patrons who are visibly intoxicated, behaving inappropriately, or who may pose a risk to themselves or others.

  5. Venue Access: The Event Hollow Bar Service Provider needs to have access to the Venue no later than 2 hours in advance of the Start Time for the Event, and 1 hour after the End Time for clean up.  If CLIENT has no Event Hollow Planner, CLIENT will make all necessary arrangements, at CLIENT’s expense, to get this access arranged.

  6. Legal Compliance: The Event Hollow Bar Service Provider will work in compliance with all applicable local health department rules and regulations relating to food preparation and food service.



CAKE MAKER SCHEDULE

If CLIENT has selected and booked a package with an Event Hollow Cake Maker, the following terms apply:

  1. Contract: The Event Hollow Cake Maker will complete and fulfill all contracted duties of the Cake/Bake Package purchased by CLIENT.

  2. Deposit: CLIENT acknowledges this deposit is nonrefundable and will be forfeited in the event the wedding is canceled or CLIENT no longer requires the services of the Event Hollow Cake Maker.

  3. Rentals: Any equipment rented come with the understanding that all items will be returned in the same condition they were loaned. A replacement fee will be charged for any lost or damaged items.  

  4. Set-Up: The Event Hollow Cake Maker will be responsible for all delivery, set-up and take-down of the cake and items relating to the cake.

  5. Cake to Be Served: The CLIENT has agreed to the style of the selected cake maker and will have agreed to a decided flavor and design no later than one (1) month prior to the wedding/event date. The Cake Maker reserves the right to make small changes to the menu if key ingredients are unable to be sourced due to reasons beyond their control.  The following limitations will apply to this reservation of right, if the CLIENT has informed the Cake Maker of dietary restrictions, allergies, ingredient preferences.  These limitations must have written communication for documentation reference.

  6. Legal Compliance: The Event Hollow Cake Maker will work in compliance with all applicable local health department rules and regulations relating to food preparation and food service.



DESSERT CREATOR SCHEDULE

If CLIENT has selected and booked a package with an Event Hollow Dessert Creator, the following terms apply:

  1. Contract: The Event Hollow Dessert Creator will complete and fulfill all contracted duties of the Sweet Package purchased by CLIENT.

  2. Deposit: CLIENT acknowledges this deposit is nonrefundable and will be forfeited in the event the wedding is canceled or CLIENT no longer requires the services of the Event Hollow Dessert Creator.

  3. Rentals: Any equipment rented come with the understanding that all items will be returned in the same condition they were loaned. A replacement fee will be charged for any lost or damaged items.  

  4. Set-Up: The Event Hollow Dessert Creator will be responsible for all delivery, set-up and take-down of the dessert(s) and items relating to the dessert(s).

  5. Dessert Menu to Be Served: The CLIENT has agreed to the style of the selected dessert creator and will have agreed to a decided flavor and design no later than one (1) month prior to the wedding/event date. The Dessert Creator reserves the right to make small changes to the menu if key ingredients are unable to be sourced due to reasons beyond their control.  The following limitations will apply to this reservation of right, if the CLIENT has informed the Dessert Creator of dietary restrictions, allergies, ingredient preferences.  These limitations must have written communication for documentation reference.

  6. Legal Compliance: The Event Hollow Dessert Creator will work in compliance with all applicable local health department rules and regulations relating to food preparation and food service.


      

OFFICIANT SCHEDULE

If CLIENT has selected and booked a package with an Event Hollow Officiant, the following terms apply:

  1. Contract: The Event Hollow Officiant will complete and fulfill all contracted duties of the Wed Package purchased by CLIENT.

  2. Support: If applicable in the purchased package, the Event Hollow Officiant will provide support and guidance during the planning stages of the wedding ceremony and through the final vows of the wedding ceremony itself.

  3. Perform: The Event Hollow Officiant will perform the ceremony in a respectful and professional manner in accordance with the ceremony planned by the couple.

  4. Sign: The Event Hollow Officiant will sign the wedding license after the ceremony.  If applicable to in the purchased package, Officiant will also mail it back to the county within 9 days after the wedding, unless the Couple is already married and does not need a license signed.

  5. License: The selected Event Hollow Officiant is licensed to perform marriage ceremonies in the State of California.


PHOTO BOOTH SCHEDULE

If CLIENT has selected and booked a package with an Event Hollow Photo Booth, the following terms apply:

  1. Contract: The Event Hollow Photo Booth will complete and fulfill all contracted duties of the Booth Package purchased by CLIENT.

  2. Rentals: any equipment/decor rented come with the understanding that all items will be returned in the same condition they were loaned. A replacement fee will be charged for any lost or damaged items.  

  3. Venue Access: Event Hollow Photo Booth will attend at least one (1) venue walk-through to assess needs and conditions.  On day of, Event Hollow Photo Booth needs to have access to the Venue no later than 2 hours in advance of the Start Time for the Event, and 1 hour after the End Time for clean up.

  4. Needs: CLIENT will arrange for an appropriate space and access for the Photo Booth at event's venue along with a 6 ft table for scrapbook assembly (if contracted). Photo booth requires 8 x 8 total space. If the booth is placed outdoors CLIENT shall provide overhead shelter for the photo booth and sufficient protection from the elements. CLIENT is responsible for providing power for the photo booth (110V, 15 amps, 3 prong standard outlet) within 15 feet from the designated area.

  5. Operations: Provider reserves the right, in good faith, to cease the operation should the weather pose a potential danger to our personnel, the equipment, or guests. Since safety is paramount in all decisions, Provider’s compensation will not be affected if operation is ended.