Lavish Events & Rentals Contract

Thank you for choosing Lavish Events & Rentals to plan and coordinate your special event. We are honored to work with you, and promise to invest the time and resources necessary to meet (if not exceed) your expectations.
This Lavish Events & Rentals Agreement (“Agreement”) is entered into by and between Lavish Events & Rentals (“Lavish Events”) and the Client(s) (identified above and sometimes referred to as “you” or “your”), and it is effective upon full execution of the signatures below by or on behalf of all parties. “Client(s)” shall serve as the primary person(s) responsible for payment of services to Lavish Events. Lavish Events and the Client(s) are, at times, collectively referred to as the “Parties” or individually referred to as a “Party.”

SCOPE OF SERVICES

‘Lavish Events shall be the exclusive vendor responsible for planning and coordination of your Event on the Date and Time, and at the client’s chosen venue. Lavish Events will work with you to design and secure various rental items to transform your chosen venue into the perfect celebration!
We accept your reservation subject to the following terms and conditions, and we look forward to finalizing the details together as you secure a venue for the event. This reservation will be considered final, and this Agreement will become binding and enforceable, once you, as the Client, has executed this Agreement and you have tendered payment of the requested retainer.

DISCLAIMER

Nothing in this Agreement shall be construed as a promise or guarantee about the outcome or the results of Lavish Event’s services hereunder. Client understands and acknowledges that planning the ‘perfect event’ is dependent upon the subjective whims and personal tastes of clients, which often differ between them. Lavish Events will do its very best to communicate and collaborate with its customers to ensure a ‘meeting of the minds’ and to manage expectations so that all Parties are satisfied with the end product, which we hope will be a memorable one. Your satisfaction is our primary goal.

PAYMENT

Lavish Events is a small business with limited resources; significant time, effort and costs are devoted to your event as soon as you retain our services. Payment of the initial installment retainer will confirm your reservation and hold your date. All installments are NON-REFUNDABLE and NONTRANSFERABLE, and they will be credited to the cost of your event or retained by Lavish Events if you cancel your event for any reason, at any time WITHOUT EXCEPTION. Thank you for your acknowledgment and understanding.
Client agrees to pay Lavish Events for labor, services, rental items and attending costs and fees. You agree to use good faith and best efforts to communicate any questions or concerns at the time these charges are presented to you. Client agrees to make payment to Lavish Events by cash, certified check or money order. Lavish Events agrees to furnish a record for all payments received from Client.
Client accepts responsibility for payment of the following amounts consistent with the following payment schedule:
FOR RENTAL ORDERS ONLY
Non-Refundable Initial Installment of $___________ is due upon execution of this Agreement to guarantee reservation for services. No rights are granted until the initial retainer and a signed Agreement have been received; The balance of $___________ is due no later than seven (7) days prior to the scheduled Event Date, on or before ______________________. Should Client fail to pay the final installment by said due date, Client’s initial retainer will be forfeited and Lavish Events will be under no further obligation to Client. Client hereby releases Lavish Events from any and all claims arising as a consequence of delinquent payments by Client.
FOR FULL EVENT DÉCOR and/or SWEET BUFFET
Non-Refundable Initial Installment of $___________ is due upon the signing of this Agreement to guarantee reservation for services. No rights are granted until the initial retainer and a signed Agreement have been received; The balance of $___________ is due no later than fourteen (14) days prior to the scheduled event date, on or before ______________________. Should Client fail to pay the final installment by said due date, Client’s initial retainer will be forfeited and Lavish Events will be under no further obligation to Client. Client hereby releases Lavish Events from any and all claims arising as a consequence of delinquent payments by Client.

PERMISSIONS

It is the responsibility of the Client to secure permission from the person (or persons) with authority over the chosen venue to ensure the Event can proceed in the manner and design contemplated by this Agreement and the Parties. Lavish Events is not responsible for obtaining and securing permits, permissions, or certificates of insurance for the designated venue. It is the client’s responsibility to ensure access to their chosen venue at the agreed upon set up time. Lavish Events will not be liable for the outcome of the event if there is a delay in gaining access to the client’s chosen venue. A 20- minute grace period will be given to furnish access to the client’s chosen venue, after that it is at the discretion of Lavish Events what services can still be rendered with the time frame given so that it does not impact contracted services to other clients of Lavish Events.

EQUIPMENT RENTALS

It is the responsibility of the Client to ensure the set-up time is confirmed with the designated venue, and that said venue is accessible to Lavish Events for delivery. We ask that the area approved for setup is clear, clean and free of debris at the requested delivery time, as well as the scheduled retrieval time. A fifteen (15) minute grace period will be allotted for Client to provide access to venue, after which time Lavish Events shall be released of any obligation under this Agreement or liability for nonperformance.
Client shall acknowledge receipt of the described personal property upon delivery. Title to the rented property is and at all times shall remain with Lavish Events. The Parties agree that the property will be inspected by Lavish Events and examined by the Client at the time of delivery. Acceptance by the Client indicates that the property was in good and serviceable condition.
Client agrees that in the event any of the property becomes unsafe or in a state of disrepair, Client will immediately discontinue its use thereof and promptly return the rental items to Lavish Events. If the condition of the property was not caused by Client, Lavish Rentals agrees to replace the same with property of like kind and in good working condition as soon as reasonably possible.
Upon termination of this Agreement, Client will promptly surrender the rented property and all attachments and parts belonging thereto, to Lavish Events, at the same location where the equipment was first delivered, and at the scheduled retrieval time.
The rental property shall be returned in the same condition in which such property was received, ordinary wear and tear excepted, and Client agrees to pay the replacement cost of any damaged or lost rental items, or to replace any corresponding attachments or parts. By example, each individual wood letter is valued at $220 each; glass is valued at $300 for every 6 feet; throne chairs are valued at $1,200 per chair.

WORKING CONDITIONS

Client must provide a safe working environment and is responsible for any damage to rental property by Client or their guests. Shelter must be provided from rain, extreme temperatures and humidity. Client accepts full responsibility and is liable for any damages to rental property, injuries or delays that occur as a result. In the event of circumstances deemed by Lavish Events to present a threat or implied threat of injury, harm or harassment to Lavish Event’s staff or any property in its possession, Lavish Events reserves the right to cease performance.

MODIFICATIONS

Once this Agreement has been executed and the initial retainer is tendered, the design and price of the Event shall be considered final. This Agreement may not be modified unless the Parties enter into and execute a separate written modification to this Agreement.
If, after the contract is signed by both Parties, Client wishes to make additional changes to the event or design plan, Lavish Events retains sole discretion to permit or refuse the proposed changes and/or update pricing to reflect the cost of the items and labor necessary to accommodate the same.
The Client may submit a written request for an increase in the number of anticipated guests or additions to the existing décor package. Accommodation of these changes is subject to approval by Lavish Events. Requests to decrease the number of attendees or preselected décor will not be accepted.
Should the date of your Event change, we ask that you provide Lavish Events with as much advanced notice as practicable. Lavish Events and its contracted vendors will exercise its reasonable and best efforts to accommodate the change in venue date. The Client acknowledges and appreciates that late notice of any substantive changes in date, venue or design may adversely impact quality and client expectations relative to the final event; Client waives any and all performance-related claims against Lavish Events under these circumstances.

CANCELLATIONS

If Client must cancel the scheduled event for any reason, Client must notify Lavish Events as soon as Client becomes aware that the event cannot proceed as planned. Notice must be sent in writing to lavisheventsandrentals@gmail.com. Client acknowledges and agrees that Lavish Events will not refund any installment payments received regardless of the date of cancellation. However, Client shall not be liable for future payments in the event of a cancellation
If Lavish Events receives written notice of cancellation with at least thirty (30) days notice, Lavish Events will award a credit toward a future event or rental hosted by Client once custom décor, nonrefundable Client retainer and/or non-refundable vendor fees have been deducted. Credit is nontransferrable and remains valid for one (1) calendar year from the original event date. Client must provide adequate notice to ensure Lavish Events is available to assist on the newly scheduled date. No further credits will be issued if the Event is postponed or canceled a second time.

If written notice of cancellation is provided less than thirty (30) days prior to a scheduled event, Client
will not be afforded a credit toward a future event.

FORCE MAJEURE

If either party is prevented from performing any obligation hereunder by reason of an Act of God, insurrection, fire, explosion, strike, labor dispute, flood, war, act of terrorism, civil commotion, or any law, order or decree of any government or subdivision thereof (“Force Majeure”), then such party shall be excused from performance hereunder to the extent and for the duration of such Force Majeure and such amount of time reasonably necessary to recover, provided the Party gives reasonable, written notice to the other Party of the existence of the Force Majeure and labels it as such. In the event of a Force Majeure, Client will be permitted to re-schedule the Event on the first available date that is mutually convenient, but no later than one (1) calendar year from the original Event date. No refunds will be permitted.

INDEMNIFICATION

The Client agrees to indemnify, defend and hold harmless Lavish Events, all affiliated entities and their respective officers, directors and employees (the indemnities) from any and all actions, costs, claims, losses, expenses and/or damages, including reasonable attorneys’ fees, arising out of or resulting from the conduct of any Client or guest at the subject Event.
Lavish Events requires that Client, and any additional third-party vendors Client retains, agree to carry general liability insurance for personal injury, death or property damage incidental to, arising out of, or in any way connected with any activities of the Client or Client’s guests conducted during the Event. Client agrees that Client will assume full responsibility for the conduct of Client’s guests and for any damages, costs or liabilities that result from Client or Client’s guests’ conduct.

ARBITRATION CLAUSE, COURT WAIVER & LIMITATION ON DAMAGES

The Parties each waive their right to litigate this matter in a Court of Law, to the extent permitted by law. Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration using a single arbitrator from ADR Systems, located at 20 North Clark Street, 29th Floor, Chicago, Illinois 60602. Judgment upon the award by the designated arbitrator may be entered in any court within the State of Illinois within the confines of Cook County.
Client stipulates that damages shall include Lavish Event’s right to claim the reimbursement of reasonable attorneys’ fees and costs that Lavish Events may incur in defending any claim or action against it, or in pursuing any action to enforce any aspect of this Agreement notwithstanding submission of the dispute to an Arbitrator. Conversely, Client acknowledges and agrees that Lavish Events’ liability under this Agreement is strictly limited to a refund of any installment payments already paid pursuant to this Agreement

NON-DISPARAGEMENT

Client agrees not to make, post or publish any disparaging or otherwise harmful statements or content that may adversely impact the reputation, good will, or commercial interests of Lavish Events or its affiliates unless obligated to do so by subpoena or court order, or in connection with an actual or contemplated judicial or arbitration proceeding.

PROMOTIONAL RELEASE

Client hereby grants Lavish Events the explicit right to exploit, publish and promote its own brand online and/or through tangible marketing materials using select photographs of the Event and its attendees, and including reference to the Client and the Title of the Event. Client agrees to release, indemnify and hold Lavish Events harmless from any and all claims arising from any common law and/or statutory rights of privacy and publicity.

PROMOTIONAL RELEASE

(1) Entire Agreement. This agreement supersedes and replaces any previous document, correspondence, conversation or other written and/or oral understanding.

(2) Independent Contractor. This Agreement creates no partnership, employment, joint relationship, joint venture, master-servant, or mutual responsibility on behalf of one party for the debts or liabilities of the other. The parties agree that Lavish Events is acting as an independent contractor, and that any Lavish Event employees are in no sense the employees, agents or servants of Client or its affiliates. Neither party shall have the power to bind nor obligate the other, except as expressly set forth herein. Each party shall be responsible for any state, federal, or local taxes relating to payments made pursuant to this Agreement.

(3) Right to Counsel. Each Party acknowledges and agrees that such party has read this Agreement and is fully aware of its right to retain an independent attorney of such Party’s choice to review this Agreement and negotiate the terms herein. In the event of either Party’s election not to obtain an independent attorney, or seek legal counsel before signing this Agreement, said Party hereby warrants and represents that they will not attempt to use such election as a basis to avoid any obligations hereunder, or to invalidate this Agreement or render or any part thereof unenforceable.

(4) Governing Law. This Agreement shall be construed, interpreted and governed in accordance with the internal laws of the State of Illinois applicable to contracts wholly negotiated, executed and performed therein. The Parties consent to jurisdiction and venue in Chicago, Illinois (Cook County).

(5) Drafting. If any ambiguity or question of intent arises with respect to any provision of this Agreement, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof will arise favoring or disfavoring any Party by virtue of authorship of any of the provisions of this Agreement, and the question of contract meaning, intent, and interpretation may not be resolved by the testimony of the Parties or their affiliates.

(6) Authority to Sign By Signatories. The signatories to this Agreement warrant that they have authority to execute the Agreement. An electronic signature via Docusign or similar application is equivalent to a wet signature for purposes of execution of this Agreement.

(7) Execution in Counterparts. This Agreement may be executed in counterparts. Each of said counterparts, when so executed and delivered, shall be deemed an original and, taken together, shall constitute but one and the same instrument.