This document sets forth a template contract to be entered into between a consultant
and a bride and groom for wedding consultation services. The parties can customize
this agreement to specify which duties the consultant will have, the rate charged, and
the location that the services will be rendered. In addition, this agreement defines
which party will bear the costs for third party charges. This agreement can be used by
small businesses that offer wedding consultation services, or by engaged couples
looking to hire a wedding consultant.
CONSULTING AGREEMENT
THIS CONSULTING AGREEMENT ("Agreement") is made and entered into as of
the ___ day of _____, 20__, [Instruction: Insert date.] by and among _____
[Instruction: Insert bride and grooms names.] (jointly and severally hereinafter
referred to as "Client"), and _____ [Instruction: Insert consultant’s name.]
("Consultant").
WITNESSETH:
WHEREAS, Consultant is recognized as a bridal and wedding day consultant; and
WHEREAS, the Client desires to retain Consultant to provide services related to and in
support of efforts in which Consultant has expertise; and
WHEREAS, Consultant is in the business of providing such consulting services and
has agreed to provide the services in accordance with the terms and conditions set forth in
this agreement.
NOW, THEREFORE, in consideration of this Agreement and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Consultant shall furnish the Client with his best advice, information, judgment
and knowledge with respect to the services related to and in support of efforts in
which Consultant has expertise which is to be provided in accordance with this
Agreement. Specifically, Consultant shall _____. [Comment: Insert specific
duties Consultant shall have under Agreement, including any pre or post
wedding duties, as well as wedding day duties. State with as much specificity
as possible the date, time, etc.]
2. Consultant, in its sole discretion, may retain the services of a qualified _____
[Instruction: Insert any additional services which Consultant may retain to
perform services.] firm to assist with or to provide the required services.
[Comment: Parties should state here who will pay for additional required
services.]
3. For all services that Consultant renders to the Client the Client will pay
Consultant $_____, payable as follows: _____ [Instruction: Insert payment
schedule.]. Such fee is for ___ [Instruction: Insert number.] hours. Additional
hours shall be charged at a rate of _____ per hour [Instruction: Insert rate.].
Late payments by Client shall be subject to late penalty fees of _____%
[Instruction: Insert number.] per month from the due date until the amount is
paid. Client understands, acknowledges and agrees the above quoted fee is
exclusive of any wedding related errands, such as obtaining clothing, deliveries,
etc., for which Client will be charged an hourly fee of $_____, [Instruction:
Insert fee.] in addition to any fee set forth herein. [Comment: This paragraph
should be revised to reflect actual agreement between parties concerning
fees.]
4. [Optional: If expenses are to be paid, same should be carefully set forth in
this paragraph.] Client also agrees to pay Consultant’s fees for all third party
charges incurred on Client’s behalf for the production and purchase of items
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including but not limited to advertising materials and programs, including,
without limitation, typography, engraving, printing, photographs, artwork,
comprehensive layouts, paste-ups, mechanicals, photo boards, research, film,
video tapes, editing, musical compositions and arrangements, radio and television
programs and facilities, talent, props, scenery, sound and lighting effects, at our
net cost. Client shall reimburse Consultant for all travel expenses, including but
not limited to hotels, meals, etc., in connection with servicing Client’s account.
Such reimbursement shall not be limited to the above, and may include special
services and charges originated on Client’s behalf by Consultant, incurred in
servicing Client’s account.
5. The parties hereto agree this Agreement is for consulting services within _____.
[Instruction: Insert geographical region, for example, the United States.] Any
material to be created by Consultant or services to be performed by Consultant on
Client’s behalf for any area outside the foregoing shall be pursuant to a separate
agreement, or a modification or amendment of this Agreement.
6. Client will make all payments to its selected vendors directly, and Consultant
shall bear no liability for same. Further, Consultant makes no representation or
warranty as to any or all of the chosen vendors’ products and/or services and/or
performances.
7. Client will inform Consultant as soon as possible as to the contact information of
any vendor with whom Client enters into an agreement for services to be provided
in connection with the wedding.
8. In the event the wedding is cancelled, any refund shall be limited to unearned
fees, funds in excess of unearned fees, non-refundable fees. In the event the
wedding is cancelled within seven days of the scheduled date, other than due to
the death of an immediate family member, there will be no refund. In the event
the wedding takes place, there will be no refund of any fees.
9. In no event shall Consultant be liable to Client for Client’s lost profits, or special,
incidental or consequential damages (even if Consultant has been advised of the
possibility of such damages). Consultant's total liability under this Agreement for
damages, costs and expenses, regardless of cause, shall not exceed the total
amount of fees paid to Consultant by Client under this Agreement. Client shall
indemnify Consultant against all claims, liabilities and costs, including reasonable
attorney fees, of defending any third party claim or suit, other than for
infringement of intellectual property rights, arising out of or in connection with
Client’s performance under this Agreement. Consultant shall promptly notify
Client in writing of such claim or suit and Client shall have the right to fully
control the defense and any settlement of the claim or suit.
10. In the event of a breach hereunder and a failure to cure such breach within thirty
(30) days of written notice of such breach, this Agreement may be terminated by
either party upon written notice.
11. The provisions of this Agreement are severable, and if any one or more provisions
may be determined to be illegal or otherwise unenforceable, in whole or in part,
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the remaining provisions, and any partially enforceable provision to the extent
enforceable in any jurisdiction, shall nevertheless be binding and enforceable.
12. The rights and obligations of the Client under this Agreement are joint and several
and shall inure to the benefit of and shall be binding upon the successors and
assigns of the Client. The rights, obligations and duties of Consultant hereunder
may not be assigned or delegated without the Client's prior written consent except
that Consultant may assign its interest to a company formed by Consultant for the
purpose of providing such services.
13. The Consultant represents and warrants to the Client that he/she is under no
contractual or other restrictions or obligations which are inconsistent with the
execution of this Agreement, or which will interfere with the performance of
his/her duties or provision of services hereunder. Consultant represents and
warrants that the execution and performance of this Agreement will not violate
any policies or procedures of any other person or entity for which he/she performs
services concurrently with those performed herein.
14. The Consultant acknowledges and agrees that it shall be solely responsible to pay
any and all incomes taxes on any moneys earned from Client while performing
services contemplated under this Agreement. The Consultant further
acknowledges that the Client will not at any time withhold any taxes from the
Client’s payments to the Consultant under this Agreement for the purposes of
income tax or any other applicable taxes.
15. [Comment: This language is optional, but also should be carefully reviewed if
used to ensure the drafter language is correct as applied to the particular
situation of the parties.] The Client acknowledges that this Agreement was
prepared by counsel for the Consultant and that it may contain terms and
conditions onerous to Client. The Client expressly acknowledges that Consultant
has given it adequate time to review this agreement and to seek and obtain
independent legal advice, and represents to Consultant that it has in fact sought
and obtained independent legal advice and is satisfied with the terms and
conditions of this Agreement. Any terms herein which may be determined to be
ambiguous shall not be construed against the Consultant. Rather, the parties shall
be deemed to have equal bargaining power and such terms shall be deemed to
have been negotiated by and between the parties.
16. Any notices or other communications required or permitted under this Agreement
shall be in writing and shall be deemed to have been duly given and delivered
when delivered in person, two (2) days after being mailed postage pr