TERMS & CONDITIONS

A. ADMINISTRATIVE

1. The Client accepts the terms and conditions of this agreement (hereinafter referred to as the “Contract”).

2. The Client agrees to abide by all the rules and regulations of the Company.

3. The Client understands that no verbal agreements will be honored.

B. FINANCIAL

4. The Client understands that a [ 20.00 ]% service charge will be added to all account ledger subtotals.

5. The Client understands that NY State Sales Tax in the amount of 8.875% will be added to all account ledger subtotals.

6. The Client understands there is a minimum order subtotal (before taxes and fees) of $5,000.00 for all events.

7. The Client agrees to remit a non-refundable deposit of at least 50.00% of the account ledger at time of Contract signing which is subtracted from the overall balance. The Client understands the remaining balance is due by twenty-one (21) days prior to the Event(s). In the case that the Event(s) is less than twenty-one (21) days away at the time of Contract signing, the full 100.00% of the account ledger is due upon Contract signing.

8. The Client understands payment of the deposit acknowledges agreement to all Contract terms and conditions.

9. The Client agrees to pay the full balance for any cancellations within forty-eight (48) hours of the time of cancellation. Full balance is defined as the value of any item on the account ledger which has already been obtained by the Company, plus the service charge calculated on the value of the account ledger at time of cancellation. For example, if the account ledger subtotal is $5,000.00 at the time of cancellation, and the service charge is 20.00%, which is valued at $1,000.00, the value of any item on the account ledger which has already been obtained by the Company plus $1,000.00 must be remitted by the Client, regardless of the services not being rendered on Event day(s).

10. The Client agrees that installments toward the costs of the Event(s) (e.g., decorations, services, food and beverage, entertainment, props, and furniture) will be remitted by the Client to the Company throughout the time leading up to the Event(s) on mutually agreed upon dates.

11. The Client understands an invoice with any outstanding procured expenditures will be issued by the Company after completion of the Event(s), and the Client agrees to remit the outstanding balance to the Company within forty-eight (48) hours from the time of receipt.

12. The Company agrees to make every attempt to work with the Client as much as possible when refunds are appropriate. However, except for when and where specified, the Client understands that absolutely no refunds will be guaranteed for any reason after the conclusion of the Event(s). This includes but is not limited to dissatisfaction of service(s), food and beverage, entertainment, props, and furniture; as well as a change of plans causing less or different service(s), food and beverage, entertainment, props, and furniture. The Company will deliver what is agreed to in this Contract, barring any unforeseen or uncontrollable circumstances including but not limited to inclement weather, venue restrictions or regulations, and delayed setup start time.

13. When the Event(s) exceed(s) the contracted time, the Client agrees, with or without notice from the Company, to remit: (a) overtime fees for labor and services at an overtime rate of two (2) times the contracted hourly rate of each service (e.g., photographer, server, event attendant, bartender, coat check, officiant, videographer, entertainment, etc.); and (b) adjustment fees on the food and beverage amount as pricing is based upon hourly consumption.

14. The Client agrees to remit a late fee payment should the deadline of any payment be missed by the Client. This includes but is not limited to deposits, installment payments toward the costs of the Event(s), any additional services ordered, and final/remaining balances. The value of the late fee will be the greater of $50.00 or 2.00% of the amount of the payment due after taxes and fees.

15. The Client agrees to remit payment for any number of attendees in excess of the number contracted, at an amount equivalent to the per person rate times the overage of attendees. For example, if the maximum number of attendees was contracted at 75, the per person rate is $100.00, and 80 attended, an additional payment of $500.00 would be due to the Company.

C. RESCHEDULING/CANCELLATIONS

16. The Company recognizes unexpected things happen. The Client understands the Company agrees to permit one (1) reschedule for no penalty up to seven (7) days prior to the Event(s) to a mutually agreed upon alternative date. The Client understands if this takes place, some expenses may have already been incurred for the original date, and are nontransferable and thereby non-refundable.

17. The Company agrees that federal, state, or locality regulations which require cancellation of the Event(s) due to COVID-19 assembly restrictions result in no penalty to the Client (i.e., the remaining balance will not be owed). However, the Client understands that it is not entitled to a refund of its non-refundable deposit previously paid to the Company.

18. Although unlikely, if the Company cannot attend the Event(s) due to an emergency, all efforts will be made to find a replacement. If no replacement can be found, the Company agrees to provide the Client with a full refund and a $200.00 credit for a future event due to the inconvenience.

D. CLIENT PROTECTIONS

19. The Company agrees its staff will not work the Event(s) without having tested negative for COVID-19 or received a vaccination against COVID-19, and will take all COVID-19 precautions while onsite the Event(s), but the Company is not responsible for any transmission of COVID-19.

E. RELEASES OF LIABILITIES FOR THE COMPANY

20. The Company agrees to do everything in its power to avoid parking tickets and toll or parking garage fees when possible, but the Client agrees the Company is not responsible for such costs incurred on the way to or while at the Event(s).

21. The Client agrees the Company is not responsible for injuries sustained by any persons present at the Event(s).

22. In the case of the Client failing to do anything it is required to do in this Contract, the Client agrees the Company shall be entitled to any applicable remedy provided by law, including but not limited to (a) punitive, exemplary, indirect, special, incidental, and/or consequential damages, including lost profits, savings, or revenue of any kind, whether or not such damages are foreseeable and/or the Client has been advised of the possibility of such damages; and (b) specific performance, injunction, and/or court order. The Client agrees to pay or reimburse the Company for all related costs and expenses (including reasonable attorneys’ fees and expenses incurred) in connection with the enforcement of its rights, and the collection of amounts due, under this Contract. The Client agrees to hold harmless and indemnify the Company and its partners, successors, and assigns from, against, and in respect of, any and all losses, liabilities, penalties, fines, costs, damages, and expenses (including reasonable attorneys’ fees and expenses incurred) whatsoever, contingent or otherwise, that may be suffered or incurred by any of them arising from or by reason of (a) any liability or obligation of the Client’s, or claim against the Client, whether known or unknown or now existing or hereafter arising; and/or (b) any breach of any of the Client’s representations, warranties, or covenants contained in this Contract.

F. DEFAULT DISCOUNTS AND PUBLICLY POSTED MATERIAL

23. The Client understands that photography and videography services pricing is quoted at a reduced rate based upon the assumption that the Client authorizes the use of any photographs or videos taken by the Company or its partners for purposes of marketing for the Company. This includes but is not limited to the Company’s social media, website, and email lists. Should the Client not wish to authorize use of photographs and videos, the discounted rate quote will not be available, and a No-Use Fee shall be added to the subtotal. The No-Use Fee is an additional $350.00 for events with account ledgers totaling $7,000.00 or less, and an additional $600.00 for events with account ledgers totaling more than $7,000.00. If the Client does not request the No-Use Fee be added to the account ledger, the Company assumes the authorization by the Client to use photographs and videos for marketing purposes. Payment of the account ledger without a No-Use Fee also constitutes as direct agreement to the Company’s use of photographs and videos.

24. The Client understands that reviews or testimonials and photograph(s) selected by the Client to be included with its review/testimonial may be posted publicly on the Company’s website and/or other platforms.

25. The Client understands that labor services pricing is quoted at a reduced rate based upon the assumption that the Client authorizes the optional use of Summer Attire for staff at events without air conditioning where the temperature is seventy-five (75) degrees Fahrenheit or higher. This includes indoor and outdoor events which may exceed this temperature. Summer Attire is defined as shorts, short-sleeve polo/collar shirts, and sneakers. Should the Client not wish to authorize Summer Attire, the discounted rate quote will not be available, and an Attire Fee shall be added to the subtotal. The Attire Fee is an additional $200.00 per staff member. If the Client does not request the Attire Fee be added to the account ledger, the Company assumes the authorization by the Client to utilize Summer Attire. Payment of the account ledger without an Attire Fee also constitutes as direct agreement to the Company’s use of Summer Attire.

26. The Client understands that labor services pricing is quoted at a reduced rate based upon the assumption that the Client authorizes the optional use of Winter Attire for staff at events without heat where the temperature is seventy (70) degrees Fahrenheit or lower. This includes indoor and outdoor events which may fall below this temperature. Winter Attire is defined as including jackets, coats, sweaters, gloves, mittens, stocking hats, earmuffs, and other winter accessories. The extremity of what is used will commensurate with how far below the threshold the temperature falls. Should the Client not wish to authorize Winter Attire, the discounted rate quote will not be available, and an Attire Fee shall be added to the subtotal. The Attire Fee is an additional $200.00 per staff member. If the Client does not request the Attire Fee be added to the account ledger, the Company assumes the authorization by the Client to utilize Winter Attire. Payment of the account ledger without an Attire Fee also constitutes as direct agreement to the Company’s use of Winter Attire.

G. CIRCUMSTANCES OUT OF COMPANY CONTROL

27. The Client understands that while color scheme requests are allowed, and the Company agrees to make every effort to match the shade as close as possible, exact shades cannot be guaranteed, as some colors appear differently on computer screens than in real life. No refunds or discounts will be issued after the Event(s) due to the Client not being satisfied with a color shade. The Client also agrees to empower the Company to make a good judgment decision on alternatives in the case of exact color scheme requests not being satisfiable, with or without notice to the Client. The Client agrees that any such change shall not be viewed by anyone as the Company breaching this Contract.

28. The Client understands that due to shipping delays, vendor supply-and-demand shortages, and/or other issues out of the Company’s control, reasonable and similar substitutions may be necessary with or without notice to the Client. This includes but is not limited to decorations, services, food and beverage, entertainment, props, and furniture. However, the Company agrees to do everything in its power to reduce the possibilities of such.

29. The Company agrees to work at an accelerated speed should inclement weather and/or venue restrictions or regulations delay the setup start time in an attempt to reduce the impact to the start time of the Event(s). However, in the case of inclement weather and/or venue restrictions or regulations, the Client agrees, when necessary, to accept a delayed start time for the Event(s), by an amount of time up to the duration of the delay, or accept a reduced version of components, including but not limited to decorations and services, to be determined at the sole discretion of the Company.

H. DAMAGES

30. The Client assumes responsibility for damage—beyond normal wear and tear—by attendees of its Event(s), to any property of the Company’s or its partners. The Client agrees to remit repair and/or replacement cost(s) for said damages at the prices in Addendum A to this Contract. The Client agrees to pay for any item that was utilized at the Event(s) which is not listed in Addendum A at four (4) times the rental price listed on the account ledger for that item.

I. EXTERNAL OR THIRD-PARTY VENDORS AND SUPPLIERS

31. The Client understands that, generally speaking, the Company does not accept external or third-party vendors for decorations, services, food and beverage, or entertainment. This includes that the Client is not permitted to provide items in its possession to the Company with the expectation that the Company will supplement items agreed upon, rented, and contracted for with the items the Client provided. The Client understands it must obtain advance special permission from the Company to utilize any external supplier of such; such will only be granted in rare and special circumstances; and that if the request is granted, an additional fee will be incurred, in an amount determined based on the value of the Event(s).

J. ADDITIONAL SERVICES AND CHARGES

32. The Client agrees to remit a $200.00 service charge payment per photoshoot that is necessary in advance of the main Event(s) (e.g., to shoot a photograph for a wedding invitation), in addition to the cost of the photography services, to be contracted separately based on the date, time, and location of the photoshoot needed.

33. The Client understands that there will be one (1) venue walkthrough per contract offered at no charge, and the Client agrees to remit a $150.00 service charge payment for each venue walkthrough beyond the complimentary walkthrough included in the Contract.

34. The Client agrees to remit a waiting time fee payment if the Client should arrive more than fifteen (15) minutes later than the scheduled time of a photoshoot or venue walkthrough. If the Client is 16-30 minutes late, the fee will be $150.00. If the Client is 31-60 minutes late, the fee will be $250.00. If the Client is more than sixty (60) minutes late, the fee is $250.00 per hour, prorated for partial hours based on the fee structure established for partial hours in this provision of the Contract.

35. The Client agrees to remit a $200.00 service charge payment per tasting that is necessary in advance of the main Event(s). The Client understands if special requests are made by the Client for the tasting menu to include, an additional cost fee may be assessed and shall be contracted separately.

K. PLANNING PROCESS PROTOCOL

36. The Company agrees to provide as much unrestricted access to its team as possible during the planning process. However, the Client understands that the Company reserves the right to limit planning meetings (virtually or in person) to up to three (3) hours per month for events with account ledgers totaling $12,000.00 or less, and up to five (5) hours per month for events with account ledgers totaling more than $12,000.00, at the sole discretion of the Company. The Client understands time in excess of this may be granted by the Company but is not guaranteed, and may incur additional planning fees.

L. GRATUITY

37. The Client understands gratuity for each of the service line items of the account ledger (e.g., photographer, server, event attendant, bartender, coat check, officiant, videographer, entertainment, etc.) is, by default, not included in the order subtotal. The Client understands the Company may authorize a discount of up to the lesser of $500.00 or 5.00% of the order subtotal for clients who prepay service gratuity in the amount of 20.00% or higher on each of the service line items of the account ledger. For example, if all the service line items of the account ledger totaled $1,500.00, but the account ledger subtotal was $10,000.00, the Client would prepay 20.00% of $1,500.00, not 20.00% of $10,000.00, to potentially receive a discount of up to the lesser of $500.00 or 5.00% of the account ledger subtotal.

M. AMENDMENTS AND TERMINATION

38. The Client understands it may not amend this Contract without the prior written consent of the Company, or terminate this Contract other than for a material breach by the Company not cured within thirty (30) days after notice thereof has been given to the Company.

N. CONTRACT GOVERNANCE

39. The Client agrees to comply with all federal, state, and locality laws, regulations, and health department directives at the time of the Event(s) including but not limited to masking, vaccination requirements, or any other directives regarding attendance or participation at such events.

40. The Client understands this Contract shall be governed by and construed under the laws of the State of New York, excluding any conflicts of laws rule or principle that might refer the governance or construction of the Contract to the law of another jurisdiction.

41. The Client accepts that the jurisdiction and venue for any suit between the parties hereto arising out of or connected with this Contract shall lie only with the United States District Court for the Eastern District of New York, as applicable, and each party irrevocably consents to the jurisdiction of and venue in these courts for all matters pertaining to or arising from this Contract.

O. DISCRIMINATION AND HARASSMENT

42. The Company aims to deliver the Event(s) in a safe and welcoming atmosphere and has a zero tolerance for discrimination and harassment of any kind. The Company agrees to be fully cooperative with any investigation(s) and/or proceeding(s) regarding the discrimination and/or harassment of any attendees of the Event(s) by any staff of the Company. Conversely, the Client understands the Company is not responsible for harassment or discrimination by the staff of its partners.

43. The Client understands that any report from the Company staff of discrimination or harassment by any attendees of the Event(s) will be fully investigated, and the Company will seek to remedy the matter by pursuing—to the fullest extent allowable by any applicable federal, state, and locality jurisdiction—any and all legal actions.