Master Client Services Agreement
Introduction
These Terms and Conditions are incorporated into every booking, proposal, invoice, quote, rental agreement, and event contract issued by AFK Events & Designs, Inc. By signing a proposal or submitting payment, the Client agrees to be bound by this Agreement.
1. Payment Terms
The initial retainer is non-refundable and reserves the event date. No services, installations, rentals, or event management will commence until required payments are received. Late payments accrue interest at 1.5% per month or the maximum permitted by law. Returned checks are subject to a $50 processing fee.
2. Non-Refundable Retainer
The initial retainer compensates AFK Events & Designs for reserving the event date and beginning planning, design, scheduling, sourcing, consultations, and administrative work.
3. Cancellation Policy
Cancellation requests must be made in writing. The non-refundable retainer is always retained. Additional refunds, if any, are determined by the timing of cancellation and costs already incurred, including custom purchases, florals, printing, specialty rentals, labor, and other non-recoverable expenses.
4. Changes to Scope
The Proposal includes up to two reasonable design revisions. Additional revisions or substantial changes may result in additional design, labor, rental, or production fees.
5. Weather Policy
Outdoor events are subject to weather conditions. AFK may modify, delay, relocate, or cancel installations when conditions are unsafe.
6. Venue Access
Client and client vendor must provide timely venue access. Delays caused by the venue, other vendors, or the Client may result in additional labor charges.
7. Overtime Labor
Additional labor caused by delays outside AFK's control will be billed at the Company's current hourly rate.
8. Rental Equipment & Specialty Décor
All rental inventory remains AFK property. Clients may not modify, relocate, or misuse rental items and are responsible for protecting them.
9. Damage, Loss, Theft & Misuse
Client is responsible for replacement value, repairs, cleaning, shipping, and lost rental income resulting from damaged, lost, stolen, or unusable inventory.
10. Cleaning & Restoration Charges
Extraordinary cleaning for wax, glitter, adhesive, stains, smoke, paint, floral dye, mud, or similar conditions may incur additional charges.
11. Children's Safety
Clients are responsible for supervising guests and children around décor and rental installations.
12. Artistic Direction & Creative Control
AFK retains professional artistic discretion regarding styling and installation while honoring the approved design concept.
13. Photography, Video & Marketing
AFK may photograph and video completed installations for portfolio and marketing purposes.
14. Intellectual Property
All planning documents, renderings, mood boards, proposals, AI mockups, floor plans, and creative materials remain AFK intellectual property.
15. Client Responsibilities
Client must provide timely approvals, selections, guest counts, and information. Delays may result in substitutions or additional costs.
19. Force Majeure
AFK is not liable for delays or nonperformance caused by events beyond its reasonable control.
18. Limitation of Liability
AFK's total liability shall not exceed the amount paid by the Client under the Agreement.
19. Indemnification
Client agrees to indemnify and hold harmless AFK from claims arising from the event, guest conduct, venue conditions, or misuse of rentals.
20. Attorney's Fees & Collections
Client agrees to reimburse AFK for reasonable collection costs, attorney's fees, and court costs related to enforcing the Agreement.
21. Governing Law
This Agreement is governed by Maryland law. Any legal action shall be brought exclusively in Maryland courts, even if services are performed in Maryland, DC, Virginia, Pennsylvania, Delaware, New Jersey, or another mutually agreed location.
22. Entire Agreement
This Agreement, together with the Proposal and signed amendments, constitutes the entire agreement between the parties.