SERVICE. The Pop-Up Soirée, LLC will provide event service at the Recipient’s preferred location. Locations can include public spaces or private, residential services. The Pop-Up Soirée, LLC reserves the right to customize and/or replace an item within each package and/or theme, if it is of equal or greater value.

 

The day of service, the Provider will set up the service at the selected location and the Recipient will show up at the scheduled service time. Upon scheduled completion of service, The Pop-Up Soirée, LLC will return to clean up.

 

PAYMENT. Total cost is inclusive of Provider’s Services, any setup time, travel time and out-of-pocket costs, administrative fees, and assistance. The Recipient agrees to be billed and pay The Pop-Up Soirée, LLC as follows:       

• The Recipient will receive an invoice for the full amount. A 50% retainer fee is due of your total reservation upon receipt of invoice. This will cover styling and coordination, as well as floristry (if applicable) and picnic services to secure the date. No reservation will be held without the 50% fee.

• The remaining balance must be paid at least 48 hours prior to the service date.

• If your event is booked within seven days before the event, the full payment is required at booking.

• All payments are non-refundable. Payments can be made through our secured site or via Zelle.

In addition to any other right or remedy provided by law, if the Recipient fails to pay for the Services when due, The Pop-Up Soirée, LLC has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.

 

CANCELLATION. If the Recipient needs to cancel service, The Pop-Up Soirée, LLC will allow a 72-hour cancellation prior to service date. Although there are no refunds, the Recipient will have three months to reschedule service.

 

INCLEMENT WEATHER (Applicable to picnic service). If the forecast calls for rain within 24 hours of Service Date, we will contact the Recipient. You can choose to change the location to an indoor space or reschedule for another day. There is no additional fee for rescheduling service due to inclement weather.

 

STYLE RELEASE. The Pop-Up Soirée, LLC will use reasonable efforts to ensure services are carried out in a style and manner consistent with the current portfolio and services, and Provider will try to incorporate any suggestions Recipient makes. However, the Recipient understands and agrees that:

• Every Recipient and final delivery is different, with different tastes, budgets, and needs;

• Event Services are a subjective and The Pop-Up Soirée, LLC is a provider with a unique vision, with an ever-evolving style and technique;

• The Provider will use their personal judgment to create favorable results for the Recipient, which may not include strict adherence to Recipient’s suggestions;

• Dissatisfaction with Provider’s independent judgment or individual management style is not valid reasons for termination of this Agreement or request of any monies returned.  

 

LIABILITY. With full knowledge of the facts and circumstances surrounding the service being provided, the Recipient agrees that to assume the responsibilities and risks resulting from participation, including all risk of property damage and injury to others and to the Recipient. Recipient will have adequate applicable insurance necessary to provide for and pay any medical costs that may directly or indirectly result from participation, or otherwise understand that you are solely responsible for any medical costs that may directly or indirectly result from participation in the service.

 

The Recipient understands the hazards of the novel coronavirus (“COVID-19”) and is familiar with the current Center for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. Notwithstanding the risks associated with COVID-19, which you readily acknowledge, you hereby willingly choose to engage in the Activities. The Recipient acknowledges and fully assumes the risk of injury, illness or death related to COVID-19 arising from participation in the Activities.             

 

To the extent permitted by law, and in consideration for being allowed to participate in the activity, you (the “Recipient”) hereby hold harmless, discharge and release The Pop-Up Soirée, LLC and its managers, employees, and contractors from any and all liability, claims, causes of actions, damages or demands of any kind and nature whatsoever that may arise from or in connection with my participation in any activities related to the service, whether caused by the negligence or carelessness of the Provider or otherwise.

 

DAMAGES. The Recipient is responsible for all items provided by The Pop-Up Soirée, LLC during your service. Do not leave items unattended while the event is in progress. If any items are damaged, stained, or missing, you will be responsible to pay for the cost of the item(s).

The Provider’s furniture requires special handling and should only be moved by The Pop-Up Soirée, LLC. Moving furniture without permission can result in a fee.

 

PUBLIC PARK LOCATION. The Pop-Up Soirée, LLC intends to follow all public space local rules and regulations. Do not litter or bring prohibited items to the picnic. The Provider will provide a trash bin to collect any garbage during service, and will dispose of the trash upon clean up. The Recipient is responsible for researching which locations allow alcoholic beverages if you intend to bring these items. No glass containers are allowed at any parks. You will be required to follow all local rules, signs, and laws when using public spaces.

 

TRAVEL. A travel fee will apply for locations that are outside of The Pop-Up Soirée, LLC preferred locations.

 

TERM. This agreement will terminate automatically upon completion by Provider of he Services required by this Contract.

 

WORK PRODUCT OWNERSHIP. Any copyright works, intellectual property, ideas, products, or other information (collectively the “Work Product”) developed in whole or in part by Provider in connection with the Services will be the exclusive property of Provider. Upon request, Recipient will execute all documents necessary to confirm or perfect the exclusive ownership of Provider to the Work Product.

 

Upon termination of this Contract, Provider will return to Recipient all records, documentation and other items (if applicable) that were used, created, or controlled by Provider during the term of this Contract.

 

Permitted Uses of Product(s). Provider grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Provider with attribution each time Client uses Provider's property. Personal use may include using photos on Recipient’s personal social media pages or profiles.

 

DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:

The failure to make a required payment when due.

The insolvency of either party.

The failure to make available or deliver the Services in the time and manner provided for in this Contract.

 

ATTORNEYS’ FEES AND COLLECTION COSTS. If there is dispute relating to any provisions in this Contract, the prevailing party is entitled to, and the non-prevailing party shall pay, the costs and expenses incurred by the prevailing party in the dispute, including but not limited to all out of pocket costs of collection, court costs, and reasonable attorney fees and expenses.

 

FORCE MAJEURE. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

• A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or

• War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

• Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

 

Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

• Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

• Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and

• Excuse Client of any further performance and/or payment obligations in this Agreement.

 

DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved negotiations within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

 

Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and any court having proper jurisdiction may enter judgment upon it.

 

ENTIRE AGREEMENT. This Contract contains the entire agreement of parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

 

SEVERABILITY. In the event any provision of this Contract is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Contract and all other provisions should continue in full force and effect as valid and enforceable.

 

AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the party obligated signs the amendment.

 

GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Georgia.