The Aisle Assistant, LLC Wedding Planning Agreement
This Service Agreement is effective as of package purchase date, by and between The Aisle Assistant, LLC d/b/a The Aisle Assistant, of 3622 Mimosa Ave, Memphis, TN 38111 (hereinafter, “Planner”) and the package purchaser (hereinafter, “Client”).
Whereas, Planner is a provider of Wedding Planning and/or Design Services (“Services”); and Client can purchase packages through the Planner’s website and wishes to be provided with such Services (as defined below) by Planner. Planner agrees to provide such services to the Client in accordance with the terms and conditions of this Agreement.
Now, therefore, in consideration of the mutual covenants, agreements, and obligations hereinafter set forth, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows:
Definitions
For the purposes of this Agreement, the following definitions shall apply:
“Agreement” shall mean the below terms and conditions and definitions hereto agreed upon by the Client and Planner.
“Wedding Planning and Design Services” or “Services” shall mean the following:
the specific collection or package of services, as denoted above, and as chosen by the Client, which may entail a specific number of hours of planning and design services and service dates;
miscellaneous operating expenses and administrative costs in preparation for the event date such as software subscriptions, systems and processes management, insurance, professional fees and dues, material, and expenses;
communications with the Client, such as meetings, phone calls, emails, timeline revisions, and formulation of documents;
research of location and venue, training of staff;
educational endeavors and professional development in preparations.
“Wedding Location” shall mean the main venue where the main event will take place.
“Wedding Date” shall mean the main event date of service, however, other dates of service may be included (i.e. rehearsal dinner, bridal shower, etc.).
“Planner” shall mean The Aisle Assistant (The Aisle Assistant, LLC). This includes all planners, whether principal or senior, and all assistants, coordinators, employees, and staff members.
“Client” shall mean the couple, collectively, individually and separately.
“Parties” shall mean the Planner and the Client.
“Retainer” shall mean the non-refundable initial booking payment of the total fee to initiate Planning Services and reserve the event date.
Terms and Conditions
1. FEES
A. Payment Schedule
i. Retainer: The non-refundable reservation “Retainer” is the total package fee as outlined on www.theaisleassistant.com. No Services begin until both this Agreement and the non-refundable Retainer are confirmed as received. For this reason, the Retainer is non-refundable, even if the date is changed or the wedding cancelled for any reason, including Acts of God, fire, strike, accident, death, and/or extreme weather. The Retainer must be paid immediately at the time of signing this Agreement to adequately reserve the date and will be applied towards the total fee.
ii. Payment: Services will not resume until the invoice is paid in full. The Aisle Assistant has the right to decline services if payment has not been paid in full within five (5) days of package purchase.
B. Additional Services, Changes, and Add-Ons: Additional services beyond the extent of the initial contracted services will be billed at the additional package price or at the rate of $85/hour.
If any additional services are provided or added-on by the Client, The Aisle Assistant will add those items to the invoice and all payments must be paid before additional services resume.
Any major changes in design and planning after the initial design and planning phase may incur additional charges to re-design or make changes, billed at the Planner’s hourly rate. The Client understands that last minute service changes can impact the quality of the event and that The Aisle Assistant is not responsible for any compromises in quality owing to such changes.
The above services cannot be exchanged, subtracted from, downgraded, or “swapped out” for any alternate services, but may be upgraded and added onto by purchasing additional packages or at Planner’s hourly rate. Client will not receive a refund under any circumstance for unused and/or unwanted services.
C. Outstanding Payments: In the event any payment is not received for any reason, The Aisle Assistant shall have the right to terminate this Agreement in writing upon three (3) days notice and Client shall have the opportunity to fully cure the lack of payment. In the event the payment is not received, The Aisle Assistant shall cease Services, and retain the Retainer and any other monies paid hereunder as liquidated damages. If for any reason there is an outstanding balance, Client understands and agrees that they are personally liable in paying the full amount of the total fee.
D. Costs of Vendors, Goods and Rentals Procured On Behalf Of Client: Any purchased items on behalf of Client will be billed directly to Client at cost of goods. Any goods and/or rentals secured on behalf of Client must be paid in full to Planner directly within seven (7) days of notification. Proper notice will be provided.
The Aisle Assistant may facilitate orders, and purchases with other vendors at Client’s request. Client will be given weblinks, pricing, and any directions required. Client must place orders, submit payment, and manage delivery. The Aisle Assistant is not liable for incorrect orders, shipping or customs delays, inventory availability, lost or stolen packages, or additional charges incurred.
The Client is responsible for all timely signatures, deposits, orders, and other payments. Planner cannot guarantee the securing of other vendors, items, goods, or rentals with third parties, therefore prompt cooperation and communication is encouraged.
E. Credit Card Authorization: Client authorizes Planner to keep credit card on file and Client will provide the correct information in the attached credit card authorization form. Credit card information is kept confidential and secure by the Planner. Planner is authorized to charge the Client’s credit card on file for any balance owing on any payments due under this Agreement, including post-event charges related to damages and loss of goods and/or rentals.
F. Acknowledgement: Client acknowledges that the above service fee, including the Retainer, covers not only the wedding planning and/or design services, but also the time, meetings, management, and preparations in which the bulk of occur over the months prior to the wedding date. Therefore, the Parties agree the non-refundability of all payments is reasonable.
2. COMMUNICATIONS
Client agrees to designate one point of contact for all final wedding planning decisions in order to alleviate confusion and assure the best planning service. Client to confirm point of contact in initial correspondence with The Aisle Assistant.
Planner’s primary source of communication is through email Ellie@TheAisleAssistant.com. Planner’s office hours are typically 10 am to 6 pm CST Monday-Friday and weekends by appointment, and communication may be limited during the weekend and upon travel notification. Primary communication shall be through email and is the only official documentation accepted for any important event-related information. Texts, social media direct messages, comments on social media, and other forms of communication are not guaranteed to be received or acknowledged by Planner.
Walkthroughs of wedding venues/locations are not offered. Phone calls and meetings should be scheduled at least one (1) week in advance.
3. COOPERATION
A. In General: The parties agree to positive cooperation and communication for the best possible result.
B. Design Style: By signing this Agreement, all parties agree to and acknowledge the scope and style of work the Planner offers, and Client acknowledges they have spent a satisfactory amount of time reviewing and choosing the Planner. Client acknowledges the experience of the Planner and trusts in their expertise and best judgment.
C. Timeliness: Client must submit any questionnaires, worksheets, and information requested by the Planner. The information requested by the Planner must be provided in a timely manner and at least fourteen (14) days prior to the wedding date. If Client fails to return requested questionnaires and forms, the Planner is not responsible for being aware of any information not communicated. Client is responsible for being on time to their scheduled event and services, including any meetings with the Planner.
D. Other Service Providers and Vendors: The Client will direct all other service providers and vendors (photographer, florist, DJ, caterer, videographers, etc.) to provide any needed information and to cooperate with the Planner. Coordination with other service providers is necessary.
Planner will do their best to find top suppliers and/or service providers. However, Planner does not guarantee and is not responsible for any suppliers’ and/or service providers’ performance and/or product. Planner will not partake in any legal actions against third party vendors. Planner is not liable in the event of delays or unfulfillments due to any third parties’ actions or scenarios outside the Planner’s control.
4. RIGHTS
A. Right to Exclusivity: It is understood that The Aisle Assistant will act as the sole and exclusive wedding Planner unless Client retains Planner to assist with hiring another day of wedding, month of wedding, or full service wedding planner. In no event shall the Client consult, contract with, or engage any other professional Planner for the purpose of covering the wedding or any other event covered by this Agreement without the written permission of The Aisle Assistant, LLC.
B. Copyright: Permitted Uses of Product(s) and Design. Planner grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Planner with attribution each time Client uses Planner’s property. Personal use includes, but is not limited to, use within the following contexts: 1) in photos on Client’s personal social media pages or profiles; 2) in personal creations, such as a scrapbook or personal gift; and 3) in personal communications, such as a family newsletter or email or holiday card.
C. Photographs and Model Release: By signing this Contract, you expressly grant The Aisle Assistant permission to use photos from your event in various forms of advertising promoting our services. There shall be no expiration period for this permission. Where images are provided by Client’s contracted photographer, appropriate credit will be given. The Aisle Assistant may use and publish photographs of all persons and décor involved in the event for editorial, trade, advertising, web site use, or any other purpose and in any manner and medium that they see fit to promote The Aisle Assistant. The Aisle Assistant, at our cost and discretion, may document aspects of your event with photography, video and or written word with vendors of our choosing.
D. Right of Withdrawal: The Aisle Assistant’s discovery of new information, changes to agreed circumstances, or other factors that circumvent the terms of this Agreement may result in its withdrawal, including non-cooperation; changes in locations, facilities or available times; and missed appointments and late payments. Should The Aisle Assistant initiate the withdrawal and the event/condition is not cured promptly, not to exceed three (3) days if possible, then The Aisle Assistant will retain all retainers, deposits, and payments.
E. Harassment and Safety: The Aisle Assistant has a zero tolerance policy with regards to abusive, demeaning, condescending and/or manipulative behavior of any kind to include, but not limited to: verbal, mental, physical or emotional distress of any staff member or outside vendor party involved with the wedding planning process or wedding weekend activities by the Client or any agent thereof (ex: guests, vendors). Planner has the right to immediately terminate all services if a guest of the wedding or staff member at the location is acting inappropriately towards the Planner or any of its agents, or exhibiting threatening, hostile, or offensive behavior, verbal abuse, or in the event that the safety of the Planner is in question. Ensuring the appropriate behavior of all guests, vendors, and other persons at the wedding and other events covered by The Aisle Assistant shall be the responsibility of the Client. Planner has the right to withdraw from and terminate services to remove Planner’s agents from the situation without approval from the Client. In the event day-of services are terminated early, all monies paid shall be retained by the Planner, and the Planner will be released and held harmless as a result of incomplete services.
Client understands and agrees that Planner works to maintain a safe work environment at all times and is obligated to comply with all health and safety laws, directives, and rules and regulations. Client agrees that Clients and Clients’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the Planner to do anything illegal or unsafe. The Planner is not obligated to provide services in any location or area deemed to be unsafe, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. In the event any of these circumstances arise, Planner reserves the right to terminate service and this Agreement. Planner shall be entitled to retain all monies paid and Client agrees to relieve and hold Planner harmless.
5. MATERIAL CHANGES
A. Cancellation: In the event of postponement or cancellation of the wedding by the Client, for any reason (including but not limited to: pandemic or other health crisis, disaster, Act of God, or any other similar or dissimilar cause reasonably outside of either the Client or Planner’s control), The Aisle Assistant will suffer losses and opportunities that are difficult to ascertain. Additionally, Client acknowledges that the fees paid, including the Retainer, cover not only the wedding date reservation and services, but also miscellaneous operating expenses and administrative costs incurred by Planner prior to the wedding day. As such, Client agrees that, in the event of cancellation of the wedding, for any reason, the Retainer and all payments received to date shall be retained by The Aisle Assistant as liquidated damages, not as penalty, and shall be non-refundable in all respects.
B. Rescheduling: The Client may request to reschedule their Wedding Date to any available date with written permission by the Planner. Planner will make every effort to accommodate, but Planner’s availability is not guaranteed for any other date than the Wedding Date stated above. The Planner may decline rescheduling requests for any reason. Any increased rates and the most current pricing at the time of rescheduling will apply. Notification of rescheduling must be made in writing promptly by the Client, and a new contract and retainer is required for reserving the rescheduled date. Rescheduled packages must be used within 12 months of original wedding date.
If, for any reason, including an Act of God or circumstances outside the control of the Client, the Client reschedules their wedding date, the Retainer shall be retained as liquidated damages, and shall be non-refundable and non-transferable in any aspect.
If the Client works with the Planner to choose a date the Planner is available for, the Planner may apply a credit and transfer the Client’s non-Retainer payments to the new date. A rescheduling fee of fifty percent (50%) of the total fee of this Agreement will apply and cannot be deducted from the non-refundable Retainer amount. The rescheduled date must be within twelve (12) months of the original date, and the Planner must be available, otherwise all monies paid are forfeited as liquidated damages. The Planner reserves the right to provide availability of any Planner associated with The Aisle Assistant to fulfill duties under this Agreement. For this reason, it is imperative the Client communicates with the Planner efficiently to organize the rescheduling to a mutually available date. It is the Client’s responsibility to communicate with the Planner. A new Agreement must be executed in order to secure the Planner’s services for the rescheduled date. All previously booked travel expenses must be paid and forfeited if necessary, due to the nature of travel costs. New travel fees will apply.
If, for any reason, Client chooses a date the Planner is not available for, this Agreement will be canceled for the purposes of this contract, and all payments received to date shall be retained by The Aisle Assistant as liquidated damages, not as penalty, and shall be non-refundable in all aspects. The cancellation terms above will apply.
Any transfer of credit or monies paid may only occur one time per Client in the event of multiple postponements or rescheduling of multiple dates due to the nature of Planner’s business. If Client reschedules due to any unforeseeable events and a new contract is signed, Client may not reschedule again without incurring additional fees.
C. Cancellation by Planner: In the event that The Aisle Assistant cannot or will not continue to render services due to: illness, death, health concerns, government restriction, pregnancy, emergency, accident, Act of God, or any other restriction, the Planner will immediately give notice to the Client. All efforts will be made to provide a competent professional replacement, with the mutual agreement of Client. If a replacement is unavailable, the payment(s) made to The Aisle Assistant will be refunded or credited. The return of the apportioned payment(s) shall be the entire obligation under this contract. No other damages or guarantees of any kind are recognized or warranted.
D. Force Majeure. Neither party shall be liable or responsible to the other party for any costs or damages, nor be deemed to have defaulted under or breached this Agreement, due to delay, nonperformance, or failure in fulfilling or performing under this Agreement, when the extent of such failure or delay is caused by or arises from any cause or event beyond such party’s control. Such events may include, but are not limited to the following “Force Majeure Events”: Acts of God, fire, flood, explosion, natural disasters such as earthquake, storm, flood, infestation, epidemic or pandemic, war, invasion, hostilities, civil unrest, government law, action, or order, accident, power or other mechanical failures, blockades, national or regional emergencies, strikes, stoppages, shortages, slowdowns, shortage or restriction of transportation, or any other disruptions. Any party claiming the benefit of this provision must give notice as soon as reasonably practicable via written notice to the other party. The impacted party must use diligent and reasonable efforts to resume and/or cure performance under this Agreement as soon as reasonably practicable and to minimize effects of the Force Majeure event. The non-refundable Retainer fee, as well as any and all monies paid to the Planner, remain non-refundable. The cancellation and rescheduling clauses and policies, as outlined in §5 (A) and (B), apply to all Force Majeure events.
6. CONFIDENTIALITY
Planner owns, possesses, or controls certain trade secrets, copyright and other proprietary and confidential information acquired through the expenditure of time, effort, and money, including, but not limited to, planning documents, instructional documents, timelines, checklists, and the terms of this Agreement, including pricing (herein “Confidential Information"). Client agrees to use all best efforts to protect Planner's interest in the Confidential Information and keep it strictly confidential. This includes a covenant to not directly or indirectly disclose, allow access to, transmit, or transfer the Confidential Information to any third party, including but not limited to online forums, without Planner's prior written consent.
7. DEFECTS AND BREACHES
A. Remedies: Notwithstanding anything contained in this Agreement to the contrary, the Client’s sole remedy for an actual breach by The Aisle Assistant of its obligations under this agreement, shall be a termination of this Agreement and a refund of the Retainer and other monies collected hereunder up to the date of such breach, or, at the option of The Aisle Assistant, the replacement of services or items. In no event shall The Aisle Assistant be liable for monetary damages, whether in tort, for breach of contract or otherwise, under this Agreement for an amount in excess of the Retainer and any other monies paid hereunder. Any refunds may take up to one hundred twenty (120) days to process and complete.
B. Termination of Agreement: If either party breaches any provision of this agreement and if such breach is not cured within thirty (30) days after receiving written notice from the other party specifying such breach in reasonable detail, the non-breaching party shall have the right to terminate this agreement by giving written notice thereof to the party in breach, which termination shall go into effect immediately upon receipt.
8. THIRD-PARTIES
Contract is solely for exclusive consideration of the Client and Planner. The parties who sign this Contract are responsible for all terms and conditions regardless of whether a third party individual agrees to make payments. Should the third party payer (such as a parent) dispute any charges and/or refuse to make any payments required by this Contract, the parties to this Contract (i.e., each Client) are legally bound to make all deposits and pay all amounts due.
Client cannot transfer or assign this Agreement to any third party.
9. INDEMNIFICATION
The Client hereby agrees to indemnify, release, discharge, and hold harmless the Planner and his/her heirs, legal representatives, assigns, employees, agents, or any persons acting under permission or authority of the Planner from any and all claims, demand action, cause of action, damages, losses, liabilities, deficiencies, judgments, settlements, penalties, fines, costs, or expenses of any kind, including reasonable legal and professional fees which may be made or brought against the Planner or which the Client may suffer or incur as a result this contract or services provided by the Planner. This includes but is not limited to 1) breach or non-fulfillment of any representation, warranty, or covenant in this Agreement, 2) any negligent or more culpable act or omission, 3) any bodily injury, death, or damage to property, 4) any failure to to comply with federal, state or local laws, regulations, or codes in performance under this Agreement, and 5) claims brought by other vendors as a result of performance with this Agreement. It is Client’s responsibility to reconcile any conflicts between Client’s Agreement with Planner and Client’s agreements with other vendors.
In the event that the Planner breaches the contract, the Client agrees to indemnify and hold harmless the Planner from any incidental, punitive, or other damages in excess of the amount of the contract. In the event of breach of contract on the part of the Planner, both parties agree that the sole and exclusive remedy is reimbursement of funds, minus a reasonably accurate percentage of services rendered. These recoverable damages shall not to exceed the amount agreed upon and actually paid to Planner.
10. LIMIT OF LIABILITY
The Planner’s liability is limited to the return of payments received, minus the current value for any services already performed. Furthermore, except as stated herein, both parties (including on behalf of the Client and their families) agree to waive and release each other, and all of their representatives, from all claims of harm or damages related to or arising from this Agreement, including all tort claims, claims for emotional distress, and all claims of consequential or indirect damages, including loss of reputation, profits, use or income. The Aisle Assistant assumes no responsibility for damages or losses incurred by the client or the
client’s guests or attendees at the event. The Aisle Assistant assumes no responsibility for any food, beverages, floral arrangements, décor or items, either personal or professional, or any other items whatsoever brought by anyone prior to, during, or after the event. The client agrees to be solely responsible for all guests and attendees at the event and the acts of the guests and attendees. The client agrees to pay for any and all damages arising out of the event, except to the extent of any negligence or misconduct by The Aisle Assistant, its employees, or agents.
11. VENUE
This Agreement shall be construed according to Tennessee law. Client acknowledges that this Agreement was entered into in Shelby County, Tennessee, and that the proper venue for any legal action related to this Agreement is in the Superior Courts of Shelby County, Tennessee. In the event Planner files suit or an arbitration proceeding to enforce any term or condition herein, Planner is entitled to expenses of litigation, including reasonable attorney fees.
12. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
13. AMENDMENTS
This Agreement has been freely assented and agreed to by choosing to purchase a package through The Aisle Assistant, and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the Client and The Aisle Assistant at the time of acceptance of this contract shall be recognized as amendments to this Agreement. In no event shall this Agreement be modified, altered or amended without the prior written agreement of each party hereto.
14. ENTIRE AGREEMENT
This Agreement is the entire agreement and contains the entire understanding between The Aisle Assistant, LLC and Client. This Agreement supersedes all prior agreements, representations and understandings between the parties (whether written or oral) with respect to its subject matter and constitutes (along with the exhibits and schedules attached hereto) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. The only way to change or add to this agreement is to do so in writing signed by the parties.
If any upgrades or additional packages are purchased, a new Agreement will be executed by agreeing to the most current terms and conditions, and the entire Services between the Client and the Planner will be subject to the most up-to-date Agreement.
This Agreement has been reviewed and executed by the Client and The Aisle Assistant upon purchase of package(s) by Client on www.TheAisleAssistant.com. This Agreement shall have the same force and effect as copies thereof executed and delivered with original signatures.
Client understands and agrees that all sales and service fees are final.It is recommended you print a copy for your records.
I have read this entire Agreement and I understand its terms. I agree to be bound by the terms of this Agreement.