Event Production Terms Of Service
DESCRIPTION OF SERVICES
General Overall Event Planning or Extended Event Coordination Planning Services (adding to your existing event planned by you or your team)
Assign Internal GOGIGA Team Members or Partners or Vendors to as independent contractors to meet your event key factor requirements (Please Refer To Your Scope Of Work – SOW)
Provide guidance for technology platform selection provided by third-party platforms providers at which you are bound by their terms of service, conditions, and other agreements existing when using their platforms.
Site visits/calls/trainings with vendors on an “as needed” basis
Assist with the following items beginning the approximately and no later than forty-five days prior to the Event:
* Creation of Event timeline
* Additional Vendor confirmations & communication (Third-Party or outside Scope of Work Vendors)
* Design Guides & Training if not within the SOW
* Logistical support with Event execution
* Sourcing & securing vendors with Scope Of Support
* Sourcing & securing technology platform usage
* Client ability to track guest list, inclusive of RSVP’s email addresses (optional based on platform sourcing
* Virtual and Onsite Production Services (video capture)
* Coordinate the technical checks, show run throughs, and other pre-event services required to ensure all parties understand their roles, duties, and responsibilities the day(s) of your scheduled event.
The services listed above do not include running any event related errands such as picking up or delivering attire, supplies or equipment, documents, and/or being present at vendor meetings, etc., unless specifically agreed upon in advance in writing. All “do it yourself” (“DIY”) items that are to be completed for/on the Date of the Event must be agreed upon in advance of the Event and may be subject to an additional fee based upon the scope of the work.
As the Client, you may rely on us to work as many hours as may be “reasonably necessary” to “fulfill our obligations” under this Agreement.
It is your responsibility to provide GOGIGA X with contact names, telephone numbers and any scheduled timetables for all service providers involved in the Event no later than 30 days prior to the Event.
It is your responsibility to notify GOGIGA X of any changes in a timely manner. GOGIGA X shall not be held liable for any changes made by you or your selected service providers. Any changes that impact GoGIGA internal team, partners, vendors, sub-contractors or any other sourced parties for your event will require an additional fee required to be paid prior to service change to be rendered.
GOGIGA X will use professional judgment when taking action in regard to changes, weather, tardiness, nonperformance, etc. based on the situation, time limitations and/or your wishes.
YOU AND YOUR APPOINTED ASSOCIATES acknowledges that they are the only party to the Contract and that we will only communicate and take direction from the YOU AND YOUR APPOINTED ASSOCIATES, regardless of the source of payment for our services.
In the event a venue coordinator is on site, GOGIGA Creations will work with the venue coordinator as needed.
GOGIGA X will designate a Lead Coordinator and an Associate Coordinator to attend the Event with the requisite skill set to ensure your Event is executed according to the caliber and standards set forth by GoGIGA X. Client requests for a particular individual will be accommodated if feasible but cannot be guaranteed.
Meals and beverages must be provided for the representative(s) of Contractor who will be in attendance for the Event. Meals must be of a quality equal to that of guest meals unless otherwise agreed upon with Contractor prior to the Date of the Event. Fees for meals and beverages for Contractor representatives are to be paid for by the Client, and are not included in the fee for the services listed above. Additional fees for travel and stay accommodations are paid by you (the client).
SCOPE OF WORK (SOW)
Scope of Work will serve as a detail reference of the final agreement of services. The Scope of Work is based on the proposal details accepted. Any additional terms of service added to the scope of work, inclusive of additional fees, third-party fees, or other legal guidelines must be adhered to and upheld in conjunction with the terms of service.
TERMS & PAYMENTS
Due to the nature of our business, GOGIGA X requires pre-payment in full for all services unless otherwise agreed upon in writing on the direct invoice or Scope of Work. Vendors, Third-Parties Platforms, sub-contractors, partners, and other sourced parties provided by GOGIGA X bills GOGIGA X directly based on agreed terms – typically full payment or 50%-75% deposit is required. Terms of sourced party requirement does impact your ability to request alternative courtesy payment terms. Services cannot start until full payment is provided. If deposit payment is not paid within 30 days your events start date, you will bare all responsibility of additional fees that are considered RUSH orders incurred by GOGIGA X internal team, vendors, subcontractors, sourced platforms, or other sourced third-parties that require additional payment to render services related to your event.
Additional Payment Terms
In rare cases, GOGIGA X may extend courtesy payment term that will not be extended beyond 14 days after the completion of an event. Late Fees are applied to all outstanding balances beyond the agreed due date.
Under no circumstances do we accept or agree to payments beyond 14 days after the end of the event. Under no circumstance do we agree to payment arrangements with excess balance above 45% of the total balance due.
In the event of non-payment, the you shall pay all costs of collection, including without limitation, reasonable attorney fees and court costs. In addition to any other right or remedy provided by law, if you fail to pay for the Services when payment is due, GOGIGA X has the option, in its sole discretion, to treat such failure to pay as a material breach of this Agreement, and may cancel this agreement and/or seek legal remedies. The foregoing provisions are without prejudice to any remedy which might otherwise be available to GOGIGA X under the Laws of State of Florida for breaches of contract. The waiver by GOGIGA X of any breach of any term or condition of this GOGIGA Creations shall not be construed as a waiver of any succeeding breach of the same or any other term or condition of this Contract.
This agreement shall terminate automatically upon the completion of the services required by this Agreement, at the specified end time of the Event, or completion of final payment post the event, whichever occurs first.
GOGIGA X represents and warrants to you that it has the power to enter into and perform this Agreement; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. You will not determine or exercise control as to general procedures or formats necessary to have these services meet the your satisfaction.
Due to the nature of our business, we do not offer refunds for services. By default, if there is a good cause for services not being rendered in a timely manner, we will offer a credit to your account to be used towards event rescheduling or other services offered by GOGIGA X. PLEASE SEE REFER TO POSTPONED EVENTS FOR MORE DETAILS.
Should you need to postpone or change the date of the Event to a new date, for any reason, including but not limited to an impossibility or a “Force Majeure” as defined hereinbelow, official notice must be given to GOGIGA X in writing and the following terms shall apply:
In order for GOGIGA X to consider applying payments toward an alternate date at GOGIGA Creations’ discretion, you must select and notify GOGIGA X of a new Event date within seven (7) days of GOGIGA Creations’ receipt of the written notice from your of the postponement/change of date.
GOGIGA X’and you shall exert reasonable efforts to find a mutually acceptable date to reschedule the Event. The new date must be mutually agreed upon between GOGIGA X and you, and the new date must be within 180 days from the contracted Event date. If the new Event date will be more than 180 days after the contracted Event date, GOGIGA X may elect to terminate this Agreement, rendering it null and void, and issue a new Agreement. A new Agreement may include updated contract terms including but not limited to modified language, investment and payment terms.
If GOGIGA X elects to accommodate the new date, a rescheduling fee, as determined by the GOGIGA X, will be due in order to amend the Agreement to include the new mutually agreed upon Event date.
If you fails to select a new date within the seven (7) day period following notice of the postponement/ change of date, or GOGIGA X does not accommodate the new date selected by the you, this Agreement shall terminate, final payment shall be due immediately at time of cancellation, and you will not be entitled to refund of any payments.
In the event the parties cannot find a mutually agreeable date to reschedule the Event, then you may cancel the Agreement. If you cancel the Agreement under these circumstances, the GOGIGA X is entitled to 100% of the total fee. If you have not paid the Remainder of the fee as of the time of the cancellation, then within ten (10) business days of Client’s written cancellation notice, you must pay GOGIGA X the remaining amount owed to GOGIGA X. Payments are due immediately at time of cancellation.
The rescheduling fee stated herein represents a reasonable estimate of the loss suffered by GOGIGA X in the event of a rescheduling of the Agreement, as compensation for the reservation of your original Event date and for services already rendered by GOGIGA X prior to the rescheduling, and GOGIGA X likely loss from inability to rebook an event on the original Event date, and is not intended to be a penalty.
In order for GOGIGA X to consider applying payments toward an alternate date at GOGIGA X discretion, you must select and notify GOGIGA X of a new Event date within seven (7) days of GOGIGA X receipt of the written notice from your postponement/change of date.
GOGIGA X reserve the right to cancel this Agreement at any time in our discretion if we feel we cannot meet our obligations or if we feel the expectations of our services are unreasonable. If this occurs, the Client will not be entitled to a refund of payments already made.
If we are unable to provide services under this Agreement for any reason outside of our control, including but not limited to an impossibility or a “Force Majeure” hereinbelow, or if we cancel the Agreement for cause, the you will not be entitled refund under this Agreement, and you expressly agrees to pay a percentage of the total agreed fee, as set out below.
Should the you, need to cancel the Agreement, for any reason, including but not limited to an impossibility or a “Force Majeure” as defined in “Force Majeure” hereinbelow, official notice must be given to the GOGIGA X in writing and the following terms shall apply:
* 100% of total fee will be paid if the Event is cancelled by you within 120 days of the scheduled Event date. Most planning and preparation has been completed by this stage. All payments made are considered payment for work completed up to cancellation date and are non-refundable. Payments are due immediately at time of cancellation.
* Events cancelled by you 121-270 days prior to the Event date are subject to 50% of the remaining Contract balance at the time of the Contract cancellation, totaling at least 75% of the agreed upon fee. All payments made are considered payment for work completed up to cancellation date and are non- refundable. Payments are due immediately at time of cancellation.
* Events cancelled by the you 270+ days prior to Event date are not subject to final balance payment, unless agreed upon by the Client and Amanda Price Events based on work completed up to cancellation date. However, all payments made are considered payment for work completed up to cancellation date and are non-refundable.
* Any amount not paid at time of cancellation will be subject to a $50.00 per day late fee for each day the payment is past due.
* The cancellation policy stated herein represents a reasonable estimate of the loss suffered by GOGIGA X in the event of a cancellation of the Agreement, as compensation for the reservation of your original Event date and for services already rendered by GOGIGA X prior to the rescheduling, and GOGIGA X likely loss from inability to rebook an event on the original Event date, and is not intended to be a penalty.
CLIENT PROVIDED VENDORS
GOGIGA X’s may recommend additional vendors for Event needs, assist in vendor selection, and supervise vendor performance at Events if desired. However, the final selection in hiring any client provided vendors is at your sole discretion and responsibility. GOGIGA X holds no responsibility in any way for, and you hereby holds GOGIGA X and/or any of its members, managers, employees, agents and/or heirs and assigns, harmless and indemnifies GOGIGA X from and against, any negligence, non-performance or other misconduct by hired vendors. Each vendor contract with the you will be subject to review and approval by the you. You acknowledges that we recommend contracting exclusively with professional vendors with proper licensing and adequate insurance, as appropriate.
LOSS BY GUESTS
GOGIGA X assumes no responsibility for any damages or losses incurred by you or your guests or attendees at the Event. You hereby holds GOGIGA X and/or any of its members, managers, employees, agents and/or heirs and assigns, harmless and indemnifies GOGIGA X from and against any damages or losses incurred by the you or your guests or attendees at the Event. GOGIGA X assumes no responsibility for any food, beverages, floral arrangements, décor or items, either personal or professional, illness, or any other items whatsoever brought by anyone to the Event prior to, during, or after the Event.
PHOTOGRAPHY & VIDEOGRAPHY
You understands and agrees to the following: GOGIGA X may display, and you does hereby grant to GOGIGA X a non-transferable, non-exclusive, perpetual, worldwide, royalty-free and fully-paid license to use, a selection of professional photographs and videos of this Event as samples of this work to be shown to prospective Clients consistent with the highest standards of taste and judgement. You agree to hold GOGIGA X harmless from, and indemnifies GOGIGA X against, any and all claims arising from any images and/or videos of this Event used for advertising, display, website and internet promotion.
EVENT CANCELLATION AND LIABILITY INSURANCE
You acknowledges that they have hereby been advised to purchase Event cancellation and Event liability insurance and to carefully review the terms and conditions of the Event insurance policies to ensure that they are adequately protected. You bear all risks associated with an Event cancellation which release us from any and all liability or damages related to an Event cancellation, regardless of the reason.
You agree to cooperate with GOGIGA X and acknowledge that the following conduct is expressly not permitted by you, speakers, moderators, guests, or vendors: repeated use of foul or graphic language; sexual advances or misconduct; excessive phone calls, texts or emails; yelling, bullying, name-calling, or other verbal abuse; and physical force or threats of violence. If the prohibited conduct persists after you has received a prior warning, then we may cancel the Agreement for cause. A prior warning need not be given if the offending conduct involves sexual advances or misconduct, physical force or threats of violence.