HomeMy WebLinkAboutInv# 0729 - Event Services Group Inc - 10/22/2024 (2)Contract Agreement
Date of Contract: Monday, September 9, 2024
EVT:82259-1
Event Representative: Jeff Gold
P.-
E.jgold@esgfla.com
Bill To Event Information
Client Event 120 Year Birthday Event
Account City of Dania Beach Event Date Saturday, November 16, 2024 06:00 PM
Address 230 SW 12 AVE Saturday, November 16, 2024 09:00 PM
Dania Beach, FL, 33004 Venue City Hall
USA 100 West Dania Beach Blvd, Dania Beach, FL
Setup &
Teardown
PO #
120 Year Birthday Event Component #1
82259-1
Name Description Quantity Unit Price Tax Product Price
Entrance Custom 120 Year Entrance
PVC LETTERS |
Item Description: PVC Letters
• Dimensions: 7' H
• Pricing Includes: Black pvc letters, with
graphics on the faces
• Intended Fabrication Method: 1/2" black
pvc letters with faces for print
• Pricing Does Include: A Frames for
support
• *Pricing is valid through: September 13,
2024
• *Item is priced for rental unless
otherwise notated
1 $2,500.00 7.00%$2,500.00
Adirondack Chair Adirondack Chair with Event Graphic - This
does not include the TUB and branded
beach balls
1 $1,200.00 7.00%$1,200.00
Labor Set Strike and Trucking 1 $965.00 0.00%$965.00
Subtotal:$4,665.00
Notes
Description
Amendment to agreement - Approved by Jeff Gold
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Description
City of Dania Beach can use any items on video or photo for any use the city feels needed.
ESG cannot use images of this event without authorization from The City of Dania Beach
If there are delays in strike of the event, ESG will wave any overtime fees.
If Items are stolen the City will not be responsible of damages.
The City can keep the letters after the event. Please advise in advance,
The Video Section of this agreement is Void.
Grand Total
Clients approved for billing must provide a Purchase Order (PO), otherwise a deposit of
2000.00 is required.
Subtotal:$4,665.00
Tax:$259.00
Admin Fee:
Subtotal:$4,924.00
Payments:$0.00
Balance Due: $0.00
STANDARD TERMS AND CONDITIONS
This agreement is entered into between Elegant Occasions, LLC aka Event Service / ESG hereby known as (Company) and or their assignees or
representatives hereby known as . The signee hereby warrants and guarantees they are legally responsible to execute the agreement. If a
corporate member, officer, or other representative is executing this agreement on behalf of a corporation, entity, or organization, he/she
represents that they have the full authority to do so. If this representation is false, the person signing this agreement shall be deemed to have
signed this agreement personally and will be held liable for the terms and conditions personally. It is understood that this contract
is binding on both parties; it cannot be altered or changed unless agreed in writing by bothparties. Company may from time to time add or
remove items to contract via email communication with client. A revised contract will not be required if there is an email correspondence from
both parties agreeing, all other remaining terms previously agreed to will stay in effect, the email chain will be considered a binding change
order.
(1) DEPOSITS: Deposits are non-refundable. At Company’s sole discretion they may elect to terminate a contract
for failure to pay required deposit. Minimum deposit amounts are based on total contract or invoice and are as follows: 61 days
or more prior to event 25%. 60 days or less 60%. Accepted payments are cash, check, cashier’s check, money order, credit
card, and Zelle. If a Corporate client is approved for terms a PO will constitute a binding agreement and qualify as clients
deposit, unless otherwise stated on page 1 of this agreement.
(2) FINAL BALANCE/ PAYMENTS: Balances are due in full prior to start of event. Credit card charges will have a 3.5%
processing fee applied. If client is paying balance of agreement 14 days or more from the event date, company will accept
cash, wire transfers, check, cashier’s check, money order, credit card, and Zelle. If payment is received 13 days or less from
event Company only accepts cashier’s check, wire transfer, or Zelle. Day of event Company only accepts certified funds
(cashier’s check or money order). If a corporate client is approved for terms the approved terms will constitute final payment
due date. It is understood delinquent accounts will have any discounts provided to the Client by the Company removed and lost.
(3) CANCELLATIONS & EVENT DATE POSTPONEMENT: (3a) Standard cancelation or postponement. In the event of cancellation
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or postponement client will owe company liquidated damages. Amount will vary based on when event is cancelled; 8 months or
more prior to event 40% of balance is due, 120-210 days prior to event 50% of balance is due, 119-30 days from event date 70%
of balance is due, 29 days or less 80% of balance is due, 5 days or less 100% of balance is due. These liquidated damages are
due 5 days or less from notification of cancellation or postponement. If event is (90) days or further from date of booking
company, client may change their date free of charge within 10 business days of signing this agreement or reserving company,
new date is contingent on company availability. After 10 days, at companies’ discretion, a 15% administrative fee may be
charged for date changes.
(3b) Force majeure cancelation or postponement. Payment will be due in full; however, a portion of payment will be utilized as a credit towards
any future event for similar services for (12) months from original contracted date. The portion that will be kept by company as liquidated
damages and will not be utilized as credit are under the following time frames:
60 business days or more prior to event 0% will be forfeited by client 100% will be reapplied to future event
59-7 business days or more prior to event 40% of contract amount will be forfeited to company as liquidated damages.
6- 2 business days prior to event 60% of contract amount will be forfeited to company as liquidated damages.
48 hours or less prior to event 85% of contract amount will be forfeited to company as liquidated damages.
Notification for any cancelation or postponement can only be made first via phone and followed by a document in writing.
(3c) Definitions: Force majeure cancelation will be defined as act of terrorism or war, weather, any governmental
shut down or order prohibiting event execution, death, or natural disaster. Standard cancelation or postponement will be any
other cancelation or postponement reason.
(4) EVENT PERFORMANCE AND REQUIREMENTS: All times for packages are based on consecutive time including
breaks, driving, or downtime. Time will only start when client requests service to be ready. Location must have accessible
load-in location for all production elements. Specific power needs may be required for complicated setups and will be
determined on a per event basis. Client will be responsible to verify power needs are fulfilled. In the case that location is not
able to provide sufficient time for set up, company is not responsible for items that are not completed in time for an event,
although company will make every effort to accommodate. Client will be informed when company needs access and time needed
to properly execute event, it is the client’s responsibility to confirm location can accommodate all of these needs in addition to
power requirements and access for trucking. At companies’ sole discretion, additional fees of 10% of the contract amount may
be charged if any changes to setup or take down times are made 10 business days or less from event date.
(5) CLIENT TIMELINES AND RESPONSIBILITIES: If client has any pre-event needs for this event, they must notify company
within 6 weeks prior to event to avoid rush charges. To avoid additional administration charges, it is agreed that client will
provide all necessary information needed by company to execute event in a timely manner for the success of the
event. Information needed by company includes but is not limited to; start and end times, location contacts, decisions for
designs, cues, load in times, facility restrictions, content requested, events occurring, timelines, sensitive situations, artwork
and or graphics. If Client fails to provide information in a timely manner prior to the event Company will not be responsible for
any errors. For social events it is the Client’s responsibility to contact the office to request worksheets (10) weeks prior.
Company recommends providing us with a liaison at the event for questions or decisions day of; recommended liaisons include
planners. Should client provide a liaison/ contact at the event they herby authorize them to make all decisions.
(6) COPYRIGHT & CREATIVE OWNERSHIP: All creative ideas are the sole ownership of company. This includes but is not
limited to items in this contract, fabrications, graphic work, samples made up, additional ideas or concepts, CAD drawings,
sketches, ideasdiscussed, and previous themes or ideas presented. Concepts and designs are sole property of company and
cannot be duplicated or emulated. Client agrees not to share concepts with any third-party provider and gives company
the exclusive right to provide such items.All images, video and photographic are copyrighted. Company reserves the right to
use all images for any purposes they wish. Including but not limited to marketing, reproduction, and social media.
High-resolution images remain the property of company who has the exclusive right to make additional reproductions.
(7) MULTI EVENT COMMITMENT DISCOUNT: Any contract which has a “multi event commitment discount” listed on the first
page is being extended as an additional discount to provide the same or similar services for the next time this event occurs.
Company will have the exclusive right to execute this event for an additional 24 months following the date of the event the
“multi event discount” was extended for. Budget, concept, or creative ideas used on original event do not need to remain the
same for future events unless stated on page one.
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(8) PACKAGE ALTERATIONS: Client can alter or change their selection or package at any time; however, client understands
by doing so there may be cancelation fees on items removed. Any consumable items started, will have a minimum of 65% of the
original charge paid as liquidated damages regardless of how far along in the process they are. All discounts or free items given
are based on original contract and may be lost in the event of package alterations. Client agrees to a gross spend with
company within 85% of the original contract, regardless of items removed.
(9) OVERTIME: Due to the inability to approve overtime during certain times during an event, client agrees to pay overtime
per service in thirty-minute increments after first five minutes to avoid any staff leaving during key points if by leaving it would
cause an unnecessary hardship or change the integrity of the even. Company will confirm approval with client as soon a
reasonably possible. Any additional time for any service will be approved with client or their representative at event at the rate
of $500 per hour, per service Or $250 per hour per technician or $75 per hour per labor team member. This includes team
members waiting to break down event, due to it running overtime.
(10) LIABILITY: (10a) Theft & Damage. Client herby accepts and assumes all liability for theft and or damage due to their
guests, and all theft whether such loss is done by client or a third party. (10b) Release of Liability. Client agrees to fully
indemnify, defend, and hold harmless Company, its officers, directors, owners, independent contractors, agents, and
employees, or any affiliated subsidiary companies and their employees and agents, for any negligent or intentional acts,
conduct or omissions which result in any loss, liability, damage, or any other claim against Company. Client will pay for all
damages, losses, legal and other expenses, and costs, including reasonable attorney’s fees, Company might incur in defending
any such action. (10c) Mechanical Failure. Client releases company from all liability due to mechanical failure beyond
company's control. (10d) Limits of Liability. If either party should fail to fulfill any part ofthe obligations of this agreement, the
other party may bring legal action limited to the monetary value of the item that is in question listed in contract minus any
discounts given. Client agrees to be fully liable for all fees incurred by company to collect delinquent debt.
(11) DÉCOR ADDITIONAL TERMS: This section is limited to any events in which company is providing décor. Décor shall
be defined as, any rental items, all items fabricated or created items for client’s event, all center piece arrangements and or
concepts presented for event theme. (11a) Design Production Fee: A design and production fee may be applied to all décor
and or floral events, unless statedotherwise in this agreement. An additional fee may be required for a
professional design supervisor to be present during set up of the eventto
ensure quality and detailed execution. Custom event logo and graphic design time are also potential additional fees. (11b)
Ownershipof Decorations. It is agreed, unless otherwise stated, all decorations are property of company. Decorations shall
include but not be limited to; fabricated items, vessels, draping, lighting, table scapes and any other items in the broadest
sense of the definition. All rented decorations from a third party rented by Company for Clients event must be returned upon
conclusion of an event. Client may choose to keep any live floral arrangements made for the event but agree that all
vessels and containers remain property of company. Any custom created graphics with client’s name and or photo may be kept
by client if they are not directly applied to product of company, in such case, client must take item at end of event. Client is
responsible for any lost, stolen, or damaged goods belonging to company, and will be invoiced within 7-days post-event. Client
gives authorization to charge credit card given based on full replacement value of missing ordamaged goods. Company
reserves the right to discard or place custom items into inventory if left for breakdown after event. (11c) Final Choice
Timelines: In respect to floral colors, linen colors and all other creative items client must notify company of all final decisions
30days prior to event to avoid a rush fee of 15%. Fgrand (11d) Take Down & Setup: Company requires a minimum of 4 hours for
setup and break down for all décor. In some cases, additional time will be required, in which cases Company will communicate
these needs to client prior to execution. Breakdown does not include clearing and bussing of tables or
removal of trash. If Company staff is required to clear tables for breakdown, an additional cleaning fee of $350 an hour will
be assessed to final bill. If client request to see a sample of a centerpiece designed, they must notify company (60) days prior
to event, otherwise client accepts centerpiece at designers’ discretion.
(12) PHOTOGRAPHY & VIDEOGRAPHY: This section is limited to any events company is providing photography and or
videography services for. (12a) Delivery Dates. Original edited video and original photographic images will be ready
8 full weeks or less(40 business days excluding Saturday, Sunday and holidays). Delivery of the product will be ready on the
41st business day or less from the date of your event for single camera shoots. An additional 20 business days will be added for
each additional video camera you have, AND OR each specialty item such as 20-minute highlight, or recap so we may produce a
quality product. If Company fails to fulfill thisobligation Client will receive $100 per service for each week
we are late in cash or free items to be decided by company, at Companiesdiscretion. Delivery times will start after event next
business day if there is no balance. In the event there is a balance, all items will be placed on hold and date will start when
balance is paid in full. Delivery guaranteed policy excludes final albums since binding is beyondcompany control. (12b) Ordering
Items. Client agrees to order all products included in package 6 months or less from date of event. After that point it is
understood there will be an archive fee of $250 charged for every year. Client may elect to pay for a custom editing session
within 30 days of the receipt of their video. Master raw footage of event will be held 60 days from day of event.
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(13) ADDITIONAL TERMS: Company shall have the right to assign this agreement to any successor. Company reserves the right to
substitute staff due to sickness, act of GOD, or no longer being with company. This contract cannot be cancelled due to the non-availability of a
requested staff member. Failure to honor staff requests of the client cannot be construed as a breach of contract under
the terms of thisagreement. In the event client is dissatisfied with anything, client agrees, to avoid any negative online reviews or negative
postings in any form including all electronic and social media forms and agrees to sit with company to find an amicable solution. Should client
violate this it is agreed client will pay two times the contract amount as liquidated damages. If Company sits with client and client is not
agreeable an amicable solution was met Company will not inhibit client from sharing factual information about the situation and will not consider
this a violation of this clause. If client defaults on contract, the right to charge credit cards on file is granted. In the event client is in default of
contract, it is understood that any discounts given will be void and client is liable for reasonable attorney’s fees to enforce this
agreement. Images and or videos captured by company at the event, in all forms, are hereby permitted to be used by company for all purposes
company deems necessary, including but not limited to social media and digital marketing.
(14) CREATIVE FREEDOM: Client understands CADs, inspiration images, sketches and creative concepts may vary from drawings on
narratives. Client allows Company to have creative freedom in respect to delivery of final products. Furthermore, Company reserves the right to
alter, exchange or change final needs for that of a comparable nature in the event of supply chain issues.
(15) SEVERABILITY: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions
shall continue to be valid and enforceable. 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.
In the event of dispute all parties agree to arbitration in lieu of court.
This contract should be signed and returned 5 days from contract date to guarantee services, availability, and pricing.
Agreed By:
Approved By:_________________________Company Representative:___________________________
Email:Email:jgold@esgfla.com
Date:__________________Date:__________________
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