Today's Date
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Package Outline (copy and paste quote that was emailed to you). As set forth on Exhibit A attached hereto. Any reference to Services herein shall refer to services set forth on Exhibit A.
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TOTAL SERVICE FEE:
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Non-refundable 50% deposit (50% of Total Service Fee):
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Balance due (14) days prior to event date:
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Definition of Client | The persons whose signatures appear on this Agreement shall be the Clients and shall be the ones to whom M Farmer Productions LLC d.b.a. "So Smitten Special Events" delivers its products and services. Such Clients shall be individually and jointly financially responsible for all payments and other obligations to be made under this contract.
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Entire Agreement | This Agreement and all exhibits attached contain the entire agreement of the parties except as noted with the contracts with separate vendors and there are no other promises or conditions in any other agreement whether oral or written between the parties. This Agreement supersedes any prior written or oral agreements between the parties. Any services or modifications to this Agreement must be in writing and signed both by So Smitten Special Events and by one of the Clients. The signature and agreement of either Client is binding on both Clients.
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Exclusive Vendors | It is agreed that So Smitten Special Events will be the exclusive wedding coordinator for or at this event. It is agreed that f/8 Studios Long Beach will be the exclusive photographer for or at this event. It is agreed that So Smitten Special Events will provide an ordained officiant for or at this event. Other vendors may assist as long as they do not interfere with the duties of So Smitten Special Events and f/8 Studios Long Beach. It is agreed that interference from others, paid or unpaid, who attempt to assist with the event may detract from the quality of So Smitten Special Events’ and f/8 Studios’ services, and may be cause for So Smitten Special Events and f/8 Studios to cease work until such interference ends. So Smitten Special Events and f/8 Studios will not be responsible for time missed as a result of such interference.
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Exclusive Photographer | It is agreed that f/8 Studios Long Beach will be the exclusive photographer providing still prints for or at this event. Others may take photographs or record video as long as they do not interfere with the duties of f/8 Studios Long Beach and do not photograph or record poses arranged by f/8 Studios Long Beach. It is agreed that interference from others, paid or unpaid, who attempt to photograph or record the same poses or scenes during the same time period as Michael Farmer Photography may detract from the quality of f/8 Studios Long Beach's images, and may be cause for f/8 Studios Long Beach to cease work until such interference ends. f/8 Studios Long Beach will not be responsible for time or images missed as a result of such interference.
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Copyright and Reproductions | It is agreed that f/8 Studios Long Beach shall own the copyright to all images created through this contract. f/8 Studios Long Beach shall have the exclusive right to make reproductions for the Photographer’s portfolios, samples, self-promotions, advertisements, entry in photographic contests or art exhibitions, editorial use, for display within or on the outside of the photographer’s studio, including the Internet. Client further grants the right and permission to use and/or publish said digital images, either in original or computer-altered format, in conjunction with client’s own or a fictitious name, in any reproduction through any media for any purpose, forever. This copyright excludes anyone except f/8 Studios Long Beach from making identical or substantially similar copies of the work, from creating adaptations or derivatives of the original work, from re-selling the work in any way, and from displaying the work publicly or as a for-profit marketing/advertising technique. Client may use images for personal use only.
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Inherent Qualities | The Client acknowledges and understands that they have hired f/8 Studios Long Beach based upon the Photographer’s specialized skill and talent. Photographer has full creative control on framing, editing, and cropping of photographs. Images are edited at the Photographer’s discretion, and final delivery of images via online gallery may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed credible as professional in quality and within the Photographer’s artistic standards. f/8 Studios Long Beach does not guarantee to capture any particular image(s) or meet any particular aesthetic criteria as part of its performance under this contract. The Client understands that photographs may fade or discolor over time due to the inherent qualities of dyes, inks, and materials and agrees to release f/8 Studios Long Beach and/or photographers from any liability for any claims based upon such fading or discoloration. Prints made at different times, from different cameras, or from digital media vs. film, are expected to have variations from each other in color balance and finish. Proof images may bear watermarks indicating they are proofs and showing f/8 Studios Long Beach’s name and copyright information. All print sizes are nominal sizes, not exact measure.
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Prices | These prices shall be in effect for the duration of the Agreement. For any additional items, or for contracted items not fully specified or ordered by Client until after the wedding date (“late orders”), prices shall be those in So Smitten Special Events’ regular price list in effect at the time any such additional or late order is made. It is understood that the Total Service Fee is the only consideration due by the client for the services set forth in Exhibit A.
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Personnel | So Smitten Special Events may substitute Event Coordinator, Photographer, and Officiant in the event of vendors’ incapacitation. In the event of such substitution, So Smitten Special Events warrants that substitutes shall be a competent professional. So Smitten Special Events may utilize assistants at the event.
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Payments and Fees | Half (50%) of Total Service Fee is due at time of contract signing; balance is due fourteen (14) days prior to event. Any checks have to be cleared prior to the event. Once So Smitten Special Events reserves a date/time for the Client, it ceases attempting to sell its services for this date/time to others. If the balance is not received within fourteen (14) days of balance due date, an interest charge of 15% of remaining balance will accumulate per day against the outstanding balance. If the balance is not received within thirty (30) days of the balance due date, the Client shall be in default hereof and shall be notified in writing, and the issue may be turned over to a collection agent. So Smitten Special Events may recover the costs of any such collection services on top of outstanding event fees and interest in its recovery. So Smitten Special Events may pursue any lawful remedies available to it.
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Date Changes / Postponement | Should, for any reason, the date of the event change or be postponed, best efforts will be made by So Smitten Special Events and f/8 Studios Long Beach to accommodate the new date one time. The new event date must occur within 12 months of the original wedding date, otherwise the Agreement becomes voided and So Smitten Special Events is not obligated to provide services, and Client will be responsible for cancellation policies outlined in Agreement. The Client agrees that once a new event date is chosen, 25% of the original balance of Total Service Fee is due on the original Agreement due date, and the remaining 25% balance is due two (2) weeks prior to the new event date. The Client agrees that in the events of an event change by the Client, any expenses including but not limited to deposits and fees that are non-refundable and non-transferable are the sole responsibility of the Client, including additional charges related to those expenses above and beyond those set forth in the Total Service Fee. The Client understands that last minute service changes can impact the quality of the event and that So Smitten Special Events is not responsible for any compromises in quality owing to such changes. Should the event not take place due to a date change by the Client, Client will be responsible for cancellation policies outlined in Agreement. So Smitten Special Events has the right to charge for additional services incurred when postponing or rebooking a client’s event, including but not limited to planning, meeting, and design fees. If date change occurs due to COVID-19, So Smitten agrees to extend the postponement date beyond one year and the new event date can be changed more than once.
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Cancellation Policy / Liquidated Damages | Client may cancel this Agreement by giving written notice to So Smitten Special Events at hello@elopelongbeach.com. Cancellations will result in the forfeiture of the non-refundable retainer deposit for the event. In addition, if the Client cancels the event, the Client’s decision would constitute a breach of its contracted obligation to So Smitten Special Events, and Client agrees So Smitten Special Events would be harmed. Should the event be cancelled, the Client shall be required to pay So Smitten Special Events liquidated damages for the lost opportunity costs incurred by So Smitten Special Events and its principles (not as a penalty) within thirty (30) days after written notification to So Smitten Special Events of cancellation, according to the following schedule. Total Liquidated Damages between time of signing and 9 months, Retainer Deposit (50%) | Between 9 months and 3 months, 75% is due | Between 3 months and day of event, 100% is due. So Smitten Special Events reserves the right to cancel any of the contracted services if Clients do not cooperate as outlined in the "Client's Responsibilities" section below. In the event So Smitten Special Events terminates this Agreement, the deposit and/or any monies paid by the Client will be refunded to the Client within (30) days.
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Liability and Performance | By signing below, Client hereby agrees to indemnify, defend, and hold harmless M Farmer Productions LLC, So Smitten Special Events, f/8 Studios Long Beach, and its officers, directors, employees, independent contractors, shareholders, agents, and affiliates (collectively “The Indemnified Parties) from and against any and all losses, liabilities, suits, claims, obligations, costs, expenses (including but not limited to property damage, personal injuries, and attorneys’ fees) arising from actual claims of causes of actions from any part against The Indemnified Parties arising from client's negligence or willful misconduct; provided that such indemnity obligation of Client shall not apply to any losses, liabilities or claims arising from he Indemnified Party's own negligence or willful misconduct. Any payment by Client under this section for any losses, liabilities, and claims shall be limited to the amount of any liability or damages that remains after deducting any insurance proceeds and any indemnity, contribution, or similar payment received by the Indemnified Party(ies) in respect of any indemnity claim. Client shall also hold M Farmer Productions LLC, So Smitten Special Events, and f/8 Studios Long Beach harmless in the event of sudden illness, injury, acts of God, or situations out of the control of Coordinator, provided that the parties will use best efforts to find an alternative date for the event if possible. Client acknowledges that M Farmer Productions LLC, So Smitten Special Events, or f/8 Studios Long Beach shall not be liable for changes made by the Client or outside vendor(s). Client understands and agrees that M Farmer Productions LLC, So Smitten Special Events, and f/8 Studios Long Beach shall in no way be held liable for the breach of any agreement between the Client and any outside vendor and is not a third party beneficiary of any such agreements. So Smitten Special Events will use its best judgment when taking action in regard to changes, weather, tardiness, non-performance, or any other conditions based on the situation, time limitation, and/or the Client’s direction. The Client understands that last minute changes may be necessary in order to uphold the overall performance of the So Smitten Special Events team and other vendors that have been hired.
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Vendors | So Smitten Special Events will recommend competent and professional vendors based on its experience and industry expertise. However, Clients are not obligated to utilize such recommendations and So Smitten Special Events shall not be held liable for any vendor errors, acts, or omissions it so recommends or otherwise. The Client is responsible for all timely deposits and payment to the vendors with whom So Smitten Special Events chooses to work. Client agrees to provide So Smitten Special Events with copies of all vendor service contracts to aid in the coordination of the event, and agrees to contract service providers in a timely manner to ensure success of the wedding. Client, jointly and severally, warrant and represent to: (a) Cooperate with So Smitten Special Events to obtain and work with any vendors; (b) Make any and all payments due to vendors hereby; and (c) Indemnify and hold harmless So Smitten Special Events, f/8 Studios Long Beach, or assigned workers, for any claims, suits, damages, or other losses as a result of any non-payment to said vendors under any contract with said vendors. So Smitten Special Events will not take into possession or be responsible for vendors’ equipment or personal items. So Smitten Special Events reserves the right to use photography, digital images taken during the event and featuring images of the Client, for reproductions for display, publication, and/or other promotional purpose.
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Vendor Rules | F/8 Studios Long Beach does not lend out any lifts or ladders; these items must be brought in by outside vendor. Vendors must bring all supplies needed and must be self-sufficient. There is no access to the Kitchen during the event except by approved caterers; all items must be prepared off-site. There is not access to use our trash cans or trash compactor, you must breakdown all boxes. Outside vendors must remove all trash from the property. DJ/Lighting/Production: All stands need sand bags or weights at the base of the poles, to ensure all items are secure. Drones are not allowed. The volume level cannot exceed 100 decibels. So Smitten Special Events reserves the right to shut the power off should the decibel level exceed the level restricted by law. All live music MUST be approved by So Smitten Special Events. Musicians must provide all sound equipment and riders, etc. So Smitten Special Events does not provide equipment for musicians to be projected. All outside rentals must be approved by So Smitten Special Events. A detailed order list must be provided to So Smitten Special Events. So Smitten Special Events staff does not inventory, set-up, clean and/or pack-up rental items. So Smitten Special Events is not responsible for any items reported missing, loss or broken. All equipment, rental, client, and vendor items must be removed at the conclusion of all events/the night of—this must be done within one hour after the conclusion of the event.
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Displays & Decorations | Unless stated otherwise in this Agreement, all displays and/or decorations are the responsibility of the Client and shall be subject to the prior written approval of So Smitten Special Events. In keeping with the ambiance of the facilities: (1) Patron will not be allowed to re-arrange or remove furniture, lamps, art objects, plants, or other decorations without the prior approval of So Smitten Special Events; (2) Patron will not be allowed to nail, tape, staple decorations to the ceilings, walls, or windows; and (3) Patron will not be allowed to use smoke machines, fireworks (use of sparklers are okay), confetti, or rice. The use of sparklers and rose petals are allowed. Real candles are allowed when encased in a glass enclosure. LED candles are recommended due to outdoor breezes. Please note that So Smitten Special Events will not be responsible for any additional power that may be required for Patron’s lighting or equipment. So Smitten Special Events reserves the right to make any changes to its facilities, both interior and exterior.
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Venue Time | The base venue rental time period is for 1 hour of event time. Extra venue hours can be added for $100/hr. Events can be a maximum of 4 hours and must end with music off by 10:00pm. Clean-up must be completed by 11:00pm. Hours must be added for set-up and clean-up if you are bringing in outside rentals and decor. Extra hours do not need to be added for set-up or clean-up if you are utilizing all of Elope Long Beach’s vendors.
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Governing Law | So Smitten Special Events and Client agree the laws of the State of California shall govern the validity, construction, and performance of this Agreement, without regard to its conflict of law principles. Any actions relating to this Agreement shall be brought in the state or federal courts located in and serving Los Angeles county in California.
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Construction and Severability | Wherever possible, each provision of this Agreement shall be interpreted so that it is valid under applicable California law. If any provision of this Agreement is held illegal or unenforceable, that provision will be reformed only to the extent necessary to make the provision legal and enforceable; all remaining provisions continue in full force and effect.
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Client’s Responsibilities | Client agrees to cooperate in scheduling and time management to allow So Smitten Special Events and f/8 Studios to perform the services outlined in this Agreement. Client further agrees that So Smitten Special Events is not responsible for the actions of others that materially impede workers’ ability to perform the services outlined in this Agreement. When the designated vendors of So Smitten Special Events is performing actions under this Agreement, Client shall cooperate within reason so that So Smitten Special Events’ work will not be materially impeded. If, for any reason, the Client’s actions are such that the So Smitten Special Events is unable to schedule and/or meet deadlines, and/or the Client is being objectively unreasonable in dealing with the workers, So Smitten Special Events may terminate this Agreement and Client will be subject to the "liquidated damages" terms of the cancellation policy herein. If the Client’s actions are such that the Coordinator’s work is severely impeded or impracticable to perform, then So Smitten Special Events is not liable for the quantity and quality of service. So Smitten Special Events is not responsible for any fees incurred while performing services. This includes, but is not limited to, dinner fees, guest fees, parking fees, and travel fees. Client agrees to provide one (1) meal for all So Smitten Special Events employees and vendors working event for more than five (5) hours. It is the Client’s responsibility to provide So Smitten Special Events with all contact names, telephone numbers, email addresses, and scheduled time tables for all vendors involved in the wedding day event no later than twenty-one (21) days prior to the event. The Client must notify So Smitten Special Events of ANY known changes in a timely manner.
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Personal Belongings | So Smitten Special Events and f/8 Studios Long Beach are not responsible or liable for clients’ personal belongings. Clients’ personal belongings or decor may not be delivered prior to the official set-up start time.
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So Smitten Rentals Items | The items that you are renting are rented as is. They are used items, and not brand new. Many items are vintage and may show wear and tear. You understand that by renting these items, you may be receiving imperfect items. So Smitten will make best efforts to make items presentable and acceptable to client. The items that you are renting or using from So Smitten Special Events are rented as is. They are used items, and not brand new. Many items are vintage and may show wear and tear. You understand that by renting these items, you may be receiving imperfect items. So Smitten will make best efforts to make items presentable and acceptable to client. Missing or damaged items will be billed at replacement cost. A detailed invoice of any charges in respect of the same will be provided to the Client after the event.
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Timeline Rush Fee | So Smitten requires extensive knowledge about your event in order to create its timeline and checklist for day-of coordination. So Smitten will provide client with a Google planning spreadsheet, and will guide client on how to use the spreadsheet. It is the responsibility of the client to fill out the required tabs of the spreadsheet for So Smitten, including the "Details," "Vendors," and "Important Emails" tabs. So Smitten requires that as much information as possible is input into the spreadsheet three (3) weeks prior to the event date, to allow for sufficient time for So Smitten to create your checklist and timeline. If spreadsheet is not sufficiently filled in with information three (3) weeks prior to wedding, So Smitten will charge client a $150 rush fee.
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Counterparts | Client and So Smitten Special Events agree that electronic signatures are acceptable and shall have the same force and effect as if an original signature.
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Amendments to Terms & Conditions:
