Our Policy

Parties:

 

Known as  "Consultant", "Vendor", or "Coordinator"

Events by Tyra

hello@eventsbytyra.com

(301) 325-9985

 

and

 

Known as "Client"

First Client Full Name

First Client Email

First Phone Number

 

Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."

 

Purpose of the Agreement

 

Client wishes to hire Vendor to provide services relating to Client’s [Event Type] as detailed in this Agreement. Vendor has agreed to provide such services according to the terms of this Agreement.

 

Terms

 

1. Services

 

Vendor shall provide Client with the following services and/or products ("Services"):

 

[Detailed service listing]

 

Client retains Consultant, and Consultant agrees to perform for the Client, the services set forth above.

 

2. Considerations

 

(a) The total cost of service will be determined by Client’s service selection. Consultant will assist Client with determining which services are required based on Consultant’s available service offerings.

 

(b) A consultation meeting between Client and Consultant will be required prior to Consultant agreeing to perform any work for Client. Client must schedule a consultation with the Consultant within the Consultant's available business hours. Consultation meetings may take up to three hours depending on the scale of the event. Consultation meetings are not required to occur in person.

 

(c) For wedding packages: The total cost ("Total Cost") for all Services is [Proposal Total Amount]  due in full by 48 hours prior to the scheduled event. Client shall pay the Total Cost to Vendor based on the agreed upon payment schedule.

 

The client may provide Consultant payment via HoneyBook, cash, PayPal, money order, or cashier’s check. If the Client elects to use a payment method other than HoneyBook, the Client must request an invoice from the Consultant for the desired payment method. The Consultant will send an invoice within 24 hours of receipt of the Client's request. Personal checks from the Client will not be accepted.  The first payment is a non-refundable retainer, unless otherwise outlined in this Agreement. At a minimum, Client agrees that the retainer fee fairly compensates Consultant for committing to provide the Services and turning down other potential projects/clients.

 

Any invoices not paid within 10 business days of receipt will result in a cancellation of this contract, unless the Client makes other arrangements with the Consultant. Consultant will not be responsible for rendering services applicable to unpaid invoices.

 

(d) In exchange for the good faith performance of all Services to be rendered to the Client,  the Client shall provide Consultant the remainder of the balance due 48 hours ahead of the scheduled event. Client may provide Consultant payment via HoneyBook, cash, PayPal, money order, or cashier’s check. Personal checks from Client will not be accepted.

 

Any invoices not paid within 10 business days of  rendered services will constitute a breach. Consultant will make a written demand for specific performance and give notice of (5) five days to cure any unpaid invoices owed to the Consultant  If the breach is not cured within 15 days, the Consultant will pursue any legal remedy available under Maryland law. 

 

(e) Except as otherwise required by law, Client  shall not withhold any sums or payments made to Consultant for social security or other federal, state, or local tax liabilities or contributions, and all withholdings, liabilities, and contributions shall be solely Consultant’s responsibility. Consultant further understands and agrees that the Services are not covered under the unemployment compensation laws and are not intended to be covered by workers’ compensation laws.

 

(f) For events that require the Consultant to be on-site for 5 hours or more, the client agrees to provide a hot meal to the consultant unless other arrangements are made. Other arrangements must be agreed upon, in writing, by the time final payment is due. Hot meals include either a plated meal, buffet options, or cafeteria style service, and excludes alcoholic beverages.

 

(g) CONSULTANT IS NOT REQUIRED TO RENDER SERVICES WHEN THE CLIENT HAS FAILED TO PAY A THIRD PARTY INVOICE WHICH CREATES A SUBSTANTIAL INTERFERENCE WITH THE CONSULTANT'S PERFORMANCE. IN THE EVENT CLIENT FAILS TO PAY A THIRD PARTY INVOICE PROHIBITING CONSULTANT FROM PERFORMANCE, THE CONSULTANT MAY END THE AGREEMENT AND CHARGE CLIENT THE AGREED OR REASONABLE COST OF ALREADY PERFORMED SERVICES PLUS ANY DAMAGES SUFFERED AS A RESULT.

 

3. Insurance and Other Requirements

 

(a) Consultant warrants that it will obtain and keep in full force and effect at all times general liability insurance. Any protection under the policy to the Client whether intended or unintended is limited to the terms of the policy. Consultant is not liable for any damages to the Client, Client’s event, or property other than any protection stated in the insurance policy or otherwise required by law.

 

(b) Client understands that event insurance must be purchased for events that cost in excess of $3000 if the client elects to hire the Consultant for Full or Partial Planning packages. Consultant may decline to perform services on behalf of Client if required event insurance is not purchased within 30 days of event date selection. In the event that insurance is required, the Consultant is available to perform an analysis of event insurance options.

 

4. Termination

 

This Agreement shall be effective as of [Agreement Date] and shall continue until the final deliverable is made by the appropriate party. This Agreement may be terminated by either party up to 14 days prior to the delivery of services by the Consultant or as otherwise stated in paragraph 2 (g). 

 

(a) Client acknowledges that, by terminating the Agreement at will, without evidence of Act of God, extenuating circumstances beyond the control of the Client, or hardship, the Client forfeits any retainers paid to Consultant. Consultant is not responsible for any lost deposits/retainers paid to third party vendors as a result of the termination.

 

(b) Termination of this Agreement by Acts of God, extenuating circumstances beyond the control of the Client, or hardship will result in a 50% refund of the retainer amount to the Client's original payment method within 14 days of termination. Fees withheld by the Consultant are considered to be the cost of any Consultation Services rendered through the date of contract termination. Both parties will be required to sign a Cancellation agreement before any payments are released.

 

(c) In the event that the Agreement is terminated by the Consultant, or the Consultant becomes unable to provide services as specified within this agreement, the Consultant will provide a full refund of the retainer amount to the Client's original payment method within 14 days of termination, and will make a best effort to provide a suitable replacement, unless otherwise stated in paragraph 2 (g). Both parties will be required to sign a Cancellation agreement before any payments are released.

 

(d) Termination of this Agreement initiated after 14 days prior to the delivery of services by the Consultant, regardless of whether at will or otherwise, unless by act of God, or as otherwise stated in paragraph 2(g), the Client forfeits any deposits made to the Consultant and both parties will be required to sign a Cancellation agreement.

 

5. Rescheduling

 

(a) In the event that a Client requests a reschedule date, the Consultant will allow the client to reschedule an unlimited number of times. After the third reschedule, a $150.00 administrative fee will be assessed and applied for each rescheduled date thereafter. An updated agreement must be signed by both parties to guarantee and confirm the rescheduled date(s).

 

(b) If the consultant is unavailable on the rescheduled date, the client may be eligible for a refund of the retainer based on the schedule below:

 

(b-1) 365 or more calendar days from the scheduled event, per the Agreement, the Client is entitled to a 100% refund of any retainer payments made. Administrative fees as described in paragraph 5 (a) will not be refunded. 

 

(b-2) 364 - 180 calendar days from the scheduled event, per the Agreement, the Client is entitled to a 75% refund of any retainer payments made. Administrative fees as described in paragraph 5 (a) will not be refunded. 

 

(b-3) 179 - 60 calendar days from the scheduled  event, per the Agreement, the Client is entitled to a 50% refund of any retainer payments made. Administrative fees as described in paragraph 5 (a) will not be refunded. 

 

(b-4) 179 - 30 calendar days from the scheduled  event, per the Agreement, the Client is entitled to a 25% refund of any retainer payments made. Administrative fees as described in paragraph 5 (a) will not be refunded. 

 

(b-5) 30 - 0 calendar days from the scheduled  event, per the Agreement, the Client is not entitled to a refund of any retainer payments made. Administrative fees as described in paragraph 5 (a) will not be refunded. 

 

(c) Any eligible payments as described in paragraph 5 (b) and subsequent subsections will be paid within 30 days to the original payment method. The Consultant will make a best effort to provide other referrals that are available on the rescheduled date.

 

6. Independent Contractor

 

(a) Client and Consultant expressly agree and understand that Consultant is an independent contractor and nothing in this Agreement shall be construed in any way or manner, to create between them a relationship of employer and employee, partners or any other relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the provisions of the Agreement. 

 

(b) Consultant is solely responsible for directing and controlling the performance of the Services for which it was hired; including the time, place and manner in which the Services are performed. Consultant shall use its best efforts, energy and skill in its own name and in such manner as it sees fit.

 

7. Electronic Deliverables

 

(a)  For items that will be delivered electronically to the Client, the Consultant will provide a link to the final product to make the deliverable available to the Client for download. The Consultant will notify the Client in writing when the item is available.

 

(b) Client is responsible for reviewing electronically delivered products, client must notify consultant of any issues or deficiencies within five (5) days of delivery.

 

(c) The Consultant requests that the Client downloads the final deliverable or product within 30 days of receipt of the initial download notification from the Consultant. The Consultant will not be responsible for storing, archiving, and delivering items that are not downloaded by the Client within that time frame.

 

8. General

 

(a) By signing this Agreement, Client agrees to allow Consultant to act on behalf of the Client when applicable. This includes but is not limited to actions involving vendor research, vendor payment and communications, and purchase of materials required for the event.

 

(b) Client understands that this Agreement applies to only those services provided by Consultant. The undertaking of hiring of additional vendors may require a separate agreement to be reviewed and signed by Client.

 

(c) This Agreement does not create an obligation on Client to continue to retain Consultant beyond this Agreement’s termination. This Agreement may not be changed unless mutually agreed upon in writing by both parties.  

 

(d) Consultant hereby agrees that each provision herein shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein.  

 

(e) This Agreement contains the entire agreement between the parties hereto with respect to the transactions contemplated herein. The language of all parts of this Agreement will in all cases be construed as a whole in accordance with its fair meaning and not for or against either party.

 

(f) All notices provided for in this Agreement shall be given in writing and shall be effective when either served by hand delivery, electronic facsimile transmission, express overnight courier service, or by registered or certified mail, return receipt requested, addressed to the parties at their respective addresses as set forth at the beginning of this Agreement, or to such other address or addresses as either party may later specify by written notice to the other. 

 

9. COVID-19

 

(a) In the event that an event needs to reschedule due to impacts from COVID-19, the Consultant will allow the client to reschedule an unlimited number of times. After the third reschedule, a $150.00 administrative fee will be assessed and applied for each rescheduled date thereafter. If the consultant is unavailable on the rescheduled date, the client will receive a full refund of the retainer amount, less any administrative fees. The Consultant will make a best effort to provide other referrals that are available on the rescheduled date in this case.

 

(b) If an event is cancelled due to COVID-19, 50% of the deposit remains non-refundable. This is to cover costs of consultation and planning services that may have occurred prior to the cancellation. Clients are highly encouraged to reschedule or scale down their events to avoid forfeiture of any part of the deposit.

 

(c) If the Consultant becomes ill or unable to perform contracted duties due to COVID-19, the client will receive a full refund.

 

​(d) If the Consultant or contracted assistant (if applicable) determines that an event is unsafe due to lack of social distancing, improper sanitization, or generally hazardous behavior that may increase the risk of COVID-19 infection, the Consultant and contracted assistant (if applicable) may choose to terminate this agreement. In the event that the agreement is terminated due to increased COVID-19 risks, a refund of any payments made will not be provided. 

 

(e) The Client may request items such as disposable masks, hand sanitizer, disposable gloves, and signage for no additional fee. The client must provide a 21 day notice to the Consultant for this request.