Terms & Conditions
Either party may terminate this Agreement at any time following the failure of the other party to cure a material breach within 10 days of such terminating party’s having given the other party written notice of such breach, or, if the breach is on that cannot be cured within 10 days, at any time following the failure of the other party to commence and continue reasonable and good faith efforts to cure such breach in such period of time as is reasonably practicable under the circumstances. If the Client rightfully terminates this Agreement pursuant to this provision, Event Planner nevertheless shall be entitled to any fee identified in this Agreement as a non-refundable fee or retainer, and to any additional compensation or reimbursement herein provided for time spent by Event Planner in performance of Services, or for expenses incurred by Event Planner, before the effective time of such termination.
Event Planner shall not be liable for any delay or failure in performing under this Agreement, which delay or failure results without fault or neglect on Event Planner’s part, or which is due in whole or part to any cause beyond Event Planner’s control, including, without limitation, acts of God, the public enemy, acts of civil or military authorities, accidents, fires, floods, epidemics or strikes, and acts or omissions of the Client, and any act or omission of persons (other than Event Planner) engaged to provide services, goods or accommodations in connection with the Event.
Event Planner warrants that the services shall be performed in a good and workmanlike manner. EVENT PLANNER Makes NO OTHER REPRESENTATION, GUARANTEE, OR WARRANTY, EXPRESS OR IMPLIED, IN FACT OR BY LAW, WHETHER OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE, CONCERNING ANY SERVICES WHICH MAY BE PERFORMED OR MATERIALS OR OTHER THINGS WHICH MAY BE FURNISHED BY EVENT PLANNER PURSUANT TO THIS AGREEMENT.
EVENT PLANNER’S LIABILITY TO THE CLIENT IN CONNECTION WITH THIS AGREEMENT, OR THE SALE, DELIVERY, OR USE OF ANY SERVICES OR MATERIALS, OR ANYTHING ELSE FURNISHED HEREUNDER, WHETHER BASED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHERWISE, SHALL IN NO CASE EXCEED THE AMOUNT PAID TO EVENT PLANNER BY THE CLIENT WITH RESPECT TO THE PARTICULAR SERVICES, MATERIALS, OR OTHER THINGS FORMING THE BASIS FOR SUCH LIABILITY EXCLUDING FRAUD, THEFT OR INTENTIONAL MALFEASANCE. IN NO EVENT SHALL EVENT PLANNER BE LIABLE TO THE CLIENT FOR ANY DAMAGES, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT ARISING FROM ANY NEGLIGENT ACT OR OMISSIONS ON THE PART OF ANY PERSON, INCLUDING, WITHOUT LIMITATION, THOSE FOR MENTAL OR ANGUISH EXCLUDING FRAUD, THEFT OR INTENTIONAL MALFEASANCE.
ANY CONTROVERSY BETWEEN THE PARTIES CONCERNING THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF EITHER PARTY UNDER THIS AGREEMENT SHALL BE SUBMITTED TO ARBITRATION, ON THE WRITTEN REQUEST OF ONE PARTY SERVED ON THE OTHER, AND SUCH ARBITRATION SHALL COMPLY WITH AND BE GOVERNED BY THE PROVISIONS OF THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE PARTIES SHALL SELECT A SINGLE ARBITRATOR WHOSE DECISION SHALL BE FINAL, CONCLUSIVE AND BINDING.
Any party prevailing in any action brought by such party to enforce or interpret the terms of this Agreement, or for damages for a breach of this Agreement shall be entitled to receive reasonable attorney’s fees, in addition to all other relief to which such party may be entitled.
Interest shall accrue on all sums due or found to be due under this Agreement at the lower of the rate of 18% per annum or the maximum rate then permitted by laws of the State of North Carolina.
CONTRACT TERMS EXCLUSIVE
This Agreement constitutes the entire agreement between the parties, and supersedes all prior agreements concerning the subject matter of this Agreement. Except as expressly stated in this Agreement, Event Planner has made not representation to the Client with respect to the subject matter of this Agreement, and Event Planner has made no representation that has induced the Client’s execution and delivery of this Agreement.
MODIFICATION OF CONTRACT
No waiver or modification of this Agreement or of any covenant, condition, or limitation contained in this Agreement shall be valid, and not evidence of any such waiver or modification shall be offered or received in evidence in any proceeding between parties that arises out of or affects this Agreement, or the rights or obligations of the parties under this agreement, unless such waiver or modification is in writing and duly executed by the party to be bound by such waiver or modification.
CHOICE OF LAW AND VENUE
This Agreement has been executed in the State of North Carolina and shall be construed and enforced under the laws of the State of North Carolina, without reference to choice of law provisions, and any suit or other proceeding concerning this Agreement shall be instituted and maintained in Alamance County, North Carolina.