Event Contract - Template

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CONTRACT FOR EVENTS SERVICES

KNOW ALL MEN BY THESE PRESENTS:

This Agreement is made and entered into this _______th day of _______ 2018 by
and between:

HONDA CARS PHILIPPINES, INC., a corporation organized and existing


under Philippine laws, with business address at No. 105 South Main
Avenue, Laguna Technopark, Sta. Rosa, Laguna, represented in this act by
its President & General Manager, MR. NORIYUKI TAKAKURA, hereinafter
referred to as “CLIENT”;
-and-

___________________ , a corporation organized and existing under


Philippine laws, with business address at __________________
_______________________ represented in this act by its
_______________ , MR. ______________ , hereinafter referred to as
“EVENT PLANNER”,

Witnesseth

WHEREAS, the CLIENT will be holding its _________________ on _________________


and will be requiring the services of an EVENT PLANNER to handle and oversee the
preparations for and the holding of the event;
WHEREAS, the EVENT PLANNER is engaged in the business of
______________________________ (EVENT PLANNER TO PROVIDE DETAILS ON
ITS LINE OF BUSINESS);

WHEREAS, the CLIENT wishes to be provided with the Services (defined below) by the
EVENT PLANNER and the EVENT PLANNER agrees to provide the Services to the
Client on the terms and conditions of this Agreement.

NOW, THEREFORE, for and in consideration of the foregoing premises and of the mutual
promises, covenants and undertakings herein stipulated, the parties hereto have agreed
as follows:

Section 1. SERVICES
The EVENT PLANNER shall provide the following services (“Services”) to the Client in
accordance with the terms and conditions of this Agreement:
a. Providing event management for the Client’s event
Function : ____________________
Date : ___ _____________ 2018
Time : 2:00 pm – 7:00 pm
Venue ________________________
b. Coordinating and providing the following:

Section 2. CONTRACT PRICE

As consideration for the faithful and satisfactory performance of the Services, the Client
shall pay the EVENT PLANNER the contract price in the amount of __________________
Pesos (P___.00) which is inclusive of all applicable taxes and the twelve percent (12%)
Value Added Tax.
The EVENT PLANNER shall pay all taxes, fees, dues and other impositions that shall
become due as a result of this Agreement.

An upward or downward adjustment in the Contract Price may be made only by written
agreement of the parties if there is an addition or decrease in the number of assigned
personnel or there are special activities undertaken beyond the normal requirements of
the Client under this Agreement.

Section 3. PAYMENT
The Client agrees to pay the Fees to the EVENT PLANNER on the basis of the following
schedule:

Fifty percent (50%) downpayment or - within three (3) days upon signing of
P244,986.00 the agreement
Fifty percent (50%) balance or P244,986.00 - two (2) weeks before the event date

The payment shall be made by bank deposit/transfer to the Event Planner’s account
bearing the following details:
Account Name : __________________
Account Number : __________________
Bank Name/Branch : __________________
__________________

Section 4. WARRANTY

The EVENT PLANNER represents and warrants that:

(a) it will perform the Services with reasonable skill and care
(b) any video record/ings and pictures during the event shall be deemed the property
of the Client the EVENT PLANNER will not sell or reproduce the aforementioned
materials for any purpose.
(c) it is licensed and is duly-authorized to use any third party copyrighted or
trademarked material including but not limited to logos, designs, songs, videos,
movies, etc. used or presented during the event.
(d) it shall indemnify and hold the Client free and harmless for violation of any provision
under Republic Act No. 8293, “An act Prescribing the Intellectual Property Code
and Establishing the Intellectual Property Office, Providing for its Powers and
Functions, and For Other Purposes”.
(e) it is an independent contractor with adequate personnel and workers and
substantial capital and investment in the form of tools, equipment, work premises
and other materials which are necessary in the conduct of its business and, thus,
capable of satisfying the requirements of the Client and further warrants to fully
indemnify and hold the Client free and harmless from any/or all claims of
whatsoever arising from its contractors including but not limited to wages,
allowances of the Event Planner’s employees, the Talents and all professional
services providers engaged, and any and all monetary or other claims that may
arise out of this engagement.

Any failure by the EVENT PLANNER to perform the Services or otherwise comply with
any terms of this Agreement shall be subject to a penalty equivalent to twenty percent
(20%) of the contract amount, which amount shall deducted from the balance due and
payable to the Event Planner.
SECTION 5. REPRESENTATION AND WARRANTIES TO ANTI-CORRUPTION LAWS.

The EVENT PLANNER represents and warrants, to the extent of its own knowledge, that
EVENT PLANNER and those agents, such as representative director and any other
person who has the agency and are acting on behalf of the EVENT PLANNER
(hereinafter referred to as “Agents”) (i) are familiar with, (ii) understand, and (iii) have
not violated any of the Unfair Competition Prevention Act of Japan, Foreign Corrupt
Practices Act of the United States, Bribery Act 2010 of the United Kingdom and other
similar anti-corruption laws and regulations applicable to other jurisdictions where
CLIENT and EVENT PLANNER or those Agents engage in business activities in
connection with this Contract (hereinafter collectively referred to as the “Anti-Corruption
Laws”).

The EVENT PLANNER represents and warrants, to the extent of its own knowledge, that
the EVENT PLANNER and those Agents have not been convicted or investigated by law
enforcement or other competent agencies for violations of the Anti-Corruption Laws.

The EVENT PLANNER shall cause those Agents to comply fully with all the Anti-
Corruption Laws.

The EVENT PLANNER represents and warrants that the EVENT PLANNER will take the
measures necessary to provide a reasonable guarantee regarding the prevention,
discovery, and deterrence of any act which violates the relevant Anti-Corruption Laws.
In connection with the EVENT PLANNER’s performance of the obligations under this
Agreement, CLIENT and EVENT PLANNER shall not by himself or shall not cause those
Agents to give, offer or promise to give anything of proprietary nature, including but not
limited to, any cash, meal, gift, entertainment, political contribution, or travel (collectively,
“Gifts”), directly or indirectly, to any public official, any director, officer or employee of a
government-owned or state-owned entity, any political party or party official, any political
candidate, or any official of a public international organization (collectively, the “Public
Officials”), or to any of their respective agents, representatives, family members or other
relatives, for the purpose of obtaining, retaining or developing business by (a) influencing
any act or decision by the Public Officials, or (b) inducing the Public Officials to do or omit
to do any action in violation of the Public Officials’ lawful duty, or (c) securing any improper
advantage.

The foregoing representations are pursuant to the Anti-Corruption Covenant dated Commented [ND1]: Have the EVENT PLANNER sign
an anti corruption covenant and append to the lease
________, a copy of which is appended as Attachment “A”. contract

Section 6. TERM AND TERMINATION

This Agreement shall be effective on the date hereof and shall continue until the date of
the event unless sooner terminated.

Any violation of the terms and conditions of this Agreement shall entitle the aggrieved
party to terminate this Agreement upon notice to the other party without prejudice to the
right to demand damages as may be just and equitable.

This Agreement shall also be deemed terminated in case of bankruptcy or insolvency of


either party or due to force majeure or acts of God under Section 14, which prevent and/or
forbid either party from complying with this Agreement. In such case, there shall be no
obligation between the parties.
In case the Client terminates the Agreement and termination is not based on either the
Event Planner’s breach or Section 14, fifty percent (50%) of the total downpayment paid
shall be forfeited in favor of the Event Planner.

In case the EVENT PLANNER terminates the Agreement and the termination is not based
on either the Client’s breach or Section 14, it shall return the full amount of the deposit
paid by the Client.

Section 7. RELATIONSHIP OF THE PARTIES

The Parties acknowledge and agree that the Services performed by the Event Planner,
its employees, sub-contractors, or agents shall be as an independent contractor and that
nothing in this Agreement shall be deemed to constitute a partnership, joint venture, or
otherwise between the parties.

Nothing in this Agreement shall be interpreted as creating an employer-employee


relationship between Client and the EVENT PLANNER and/or between Client and Event
Planner’s workers, employees, personnel, agents and representatives.

The EVENT PLANNER holds the Client free and harmless from any all claims of, or
liabilities to, Event Planner’s workers, employees, personnel, agents representatives and
subcontractors, for salaries and wages, employee’s benefits, compensation for death,
injury, or sickness, or for any other claim arising from or in connection with their
employment by the Event Planner.

Section 8. LIABILITY FOR LOSSES AND DAMAGES

The EVENT PLANNER shall assume full responsibility and hereby agrees and binds itself
to indemnify the Client, its subsidiaries or affiliates for any claim, loss, damage,
destruction and injury that may be incurred by the Client, its subsidiaries or affiliates, its
workers, employees, personnel, agents, representatives, or any third party occurring
during the event and within the venue of the event which are attributable to the
negligence, fault, laxity, unlawful act, omission or misconduct of the EVENT PLANNER
or its workers, employees, personnel, agents, or representatives, provided, that such
losses, damages or injuries shall be immediately by the Client to the EVENT PLANNER
within twenty-four (24) hours from the date of discovery or occurrence.

Section 9. LIABILITY INSURANCE


The EVENT PLANNER shall at its own expense, maintain with a reputable insurance
company acceptable to the Client, comprehensive general liability insurance in the
amount of Five Hundred Thousand Pesos (P500,000.00) to cover claims for bodily injury,
death or property damage caused to the Client, its subsidiaries or affiliates or any of their
workers, employees, personnel, agents, representatives, or to any third party during the
event and within the venue of the event for the entire duration of this agreement. The
covering insurance policy, proof of payment and other documents required by Client, shall
be submitted by the EVENT PLANNER to the Client simultaneously with the execution of
this Agreement and shall be kept by the Client.

Section 10. NON – ASSIGNMENT OF RIGHTS

The EVENT PLANNER shall not, without the prior written approval of the Client, assign,
transfer, pledge, subcontract or otherwise dispose or encumber any of its rights, interests
or obligations under this Agreement. Any such assignment, transfer, pledge, subcontract
or other disposition or encumbrance without the prior written approval of the Client shall
be void and shall be considered a breach by the EVENT PLANNER of its obligations
under this agreement which shall entitle the Client to terminate and/or cancel this
Agreement with immediate effect.
Section 11. CONFIDENTIAL INFORMATION AND NON-USE OF CLIENT’S NAME
Any information that may be received or may come to the attention or knowledge of the
Event Planner, its subsidiaries or affiliates or any of their workers, employees, personnel,
agents, representatives with regard to the Client, its subsidiaries or affiliates obtained in
or during the performance of the Event Planner’s obligations shall be treated with utmost
confidence and shall not be discussed or disclosed to any other person of entity. Violation
of this provision shall render the EVENT PLANNER liable to the Client for any loss or
damage that may be suffered by the Client by reason of such violation.

Without the Client’s prior written approval, the EVENT PLANNER shall not publish or use
the Client’s name in any of its advertising, marketing, promotional materials or activities,
or for any similar purposes.

Section 12. NON-WAIVER


Any failure by the Client to demand compliance with any of the terms and conditions of
this agreement shall not be considered a waiver by the Client of the enforcement of this
agreement nor shall it relieve the EVENT PLANNER of any obligation herein. Any waiver
by the Client of any term or condition hereunder shall not affect the right of the Client at
a later time to require performance.

Section 13. EXCUSABLE DELAY OR FORCE MAJEURE

Either Party may suspend performance during the occurrence of Excusable Delay or
Force Majeure. Excusable Delay or Force Majeure shall mean and include any delay
not occasioned by any fault or negligence of the delayed Party and which results from Act
of God (including but not limited to flood, earthquake, typhoon, epidemic or other natural
calamity), war or armed conflict or the serious threat of the same (including but not limited
to hostile attack, blockade, embargo, riot or insurrection), governmental order or
regulation (including but not limited to prohibition or restriction of importation or
exportation) or any other causes beyond the reasonable control of the Parties hereto. In
case of Excusable Delay or Force Majeure neither the Client nor the EVENT PLANNER
shall be held liable for any default or delay in performance of this Agreement. However,
strike, lock-out, shortage of labor, labor disputes, lack or inability to obtain raw materials,
fuel or supplies, or any other industrial disturbance shall not be considered, comprehend
or deemed included in the above mentioned Excusable Delay or Force Majeure.

In case of a postponement or change in schedule of the event, the EVENT PLANNER


and the Client agree to conduct further negotiation for resetting or rescheduling of the
subject project within one (1) year as long as venue is the same and is available.

Section 14. ENTIRE AGREEMENT


This Agreement sets forth the entire Agreement and understanding of the parties and
supersedes all prior oral or written agreements, arrangements and understanding relating
to the subject matter hereof. No representation, promise, inducement, understanding or
statement of intention has been made by the Client or the EVENT PLANNER which is not
set forth in this Agreement and neither the Client nor the EVENT PLANNER shall be
bound or liable for any alleged representation, promise, inducement, understanding or
statement of intention not so set forth.

Section 15. AMENDMENT


This Agreement shall not be amended, modified, or superseded, and any terms or
provision hereof shall not be waived, in whole or in part except upon mutual agreement
of the Parties in writing or, in the case of a waiver, by the party waiving compliance.

SECTION 16. SEVERANCE


Should any provision of this Agreement be declared null, void or unenforceable by any
competent government agency or court, this shall not affect the other provisions of this
Agreement which are capable of severance and which will continue unaffected. The
parties agree that any provision declared, null, void or unenforceable by any competent
government agency or court shall be replaced with valid or enforceable provisions as
closely aligned with the original intent of the parties as possible.

SECTION 17. VENUE OF ACTIONS


In case any dispute relating to this Agreement and/or the rights of the parties hereunder
arises, the same shall be brought before the courts having jurisdiction over the City of
Makati.

SECTION 18. ATTORNEY’s FEES


If any legal action, arbitration, suit or other proceeding is brought by the Client for the
enforcement of this Agreement or because of an alleged dispute, breach or default in
connection with any of the provisions of this Agreement, the Client shall be entitled to
recover an amount equivalent to twenty-five percent (25%) of the amount claimed as and
for attorney’s fees and litigation expenses incurred in such action, suit or proceeding, in
addition to any other relief to which it may be entitled.

SECTION 19. NOTICE


Any notice required or permitted to be given hereunder shall be sent by registered mail
and addressed to the first above written address of the Client or the Event Planner, as
the case may be, or such other addresses as either of the Parties hereto may from time
to time designate by notice given in the manner specified herein.

In WITNESS WHEREOF, the parties have hereunto affixed their signatures this ___ day
of ________________at Sta. Rosa, Laguna.

HONDA CARS PHILIPPINES, INC. _________________________


By: By:
_______________________ _______________________
NORIYUKI TAKAKURA _____________________
President and General Manager General Manager
SIGNED IN THE PRESENCE OF

________________________ ________________________
ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)


CITY OF ) S.S.

BEFORE ME, a Notary Public for and in the ___________ this ________ day of
__________ 2018, at _______________ personally appeared:

Name Competent Evidence Of Date And Place Issued


Identity
NORIYUKI TAKAKURA
___________________

All known to me and to me known to be the same persons who executed the foregoing
instrument, and acknowledged to me that the same is their free and voluntary act and
deed and that of the corporations they represent.

This document consists of _____________ (__ pages including this page wherein this
acknowledgement written.

WITNESS MY HAND AND SEAL on the date and at the place first above written.

Doc. No. ___________


Page No. ___________
Book No. ___________
Series of 2018.

event contract
ATTACHMENT A

ANTI-CORRUPTION COVENANT

In connection with its transaction with Honda Cars Philippines, Inc. (“HCPI”) (the “Transaction”), on behalf of the
____________________ (the “Company”), the undersigned hereby represents, warrants and covenants that:

1. The Company, its Affiliates, its or its Affiliates’ directors, officers, employees, agents and any other persons
acting for or on behalf of the Company or its Affiliates in relation to the Transaction (each, a “Covenant Party”)
shall comply with all Anti-Corruption Laws.
2. The Company shall not cause Honda and its Affiliates to be in violation of any Anti-Corruption Laws.
3. No Covenant Party has or will pay, offer, promise to pay or authorize the payment of any money, gift or anything
of value, including without limitation, any facilitation payments (collectively, “Value”) to any Government
Official or to any person under circumstances where it is known to be probable that such Value will be offered,
promised or authorized, directly or indirectly, to any Government Official, for the purpose of influencing any act
or decision of such Government Official to obtain or retain business or to secure any improper advantage, or
direct business or any improper advantage to any person. No Covenant Party has or will pay, offer, promise to
pay or authorize the payment of Value to any person (i) to induce the person to perform improperly a relevant
function or activity, (ii) to reward a person for the improper performance of such a function or activity or (iii)
where the Covenant Party knows or believes that the acceptance of the Value would itself constitute the improper
performance of a relevant function or activity.
4. The Company understands that a violation of the Anti-Corruption Laws is a serious crime. In order to prevent
such violation, each Covenant Party shall maintain and undertake to keep up to date its own compliance policy to
ensure that (i) all applicable Anti-Corruption Laws shall be complied with, (ii) reasonable measures are taken to
prevent the occurrence of a violation of any Anti-Corruption Laws and (iii) a reasonable monitoring system is
implemented to detect the occurrence of any violation of any Anti-Corruption Laws by the Covenant Party.
5. In the event Honda has reason to believe that a breach of any of the representations and warranties in this Letter
has occurred or may occur, Honda shall have the right to audit the relevant Covenant Party in order to satisfy
itself no breach has occurred. The Covenant Party shall cooperate fully in any audit conducted by Honda. Honda
may suspend its obligations under the Transaction including withholding further payments to the Company until
such time as it has received confirmation to its satisfaction that no breach has occurred or will occur. Honda shall
not be liable for any claims, losses, or damages whatsoever related to its decision to suspend its obligations.
6. In the event the Company has reason to believe that a breach of any of the representations and warranties in this
Letter has occurred or may occur, the Company shall immediately notify Honda and provide all relevant
information as may be requested by Honda
7. In the event a breach of any of the representations and warranties in this Letter occurs, Honda will have the right
to terminate the Transaction immediately. Honda shall not be liable for any claims, losses, or damages whatsoever
related to its decision to terminate the Transaction. The Company shall indemnify and hold Honda harmless
against any and all claims, losses, or damages arising from or related to such breach and termination of the
Transaction.
8. The terms defined below have the following meanings in this Letter.
(1) “Anti-Corruption Laws” means, individually or collectively, the US Foreign Corrupt Practices Act, the UK
Bribery Act 2010, the Unfair Competition Prevention Act of Japan and any relevant anti-bribery or anti-corruption
laws, regulations, rules and orders applicable to Honda, the Company, or the Transaction.
(2) “Affiliate” means any company that directly or indirectly controls, is controlled by or is under common control
with the subject company.
(3) “Control” and its derivative terms means the possession, directly or indirectly, of the power to direct or cause the
direction of the management and policies of the person or to appoint a majority of the members of the board of
directors, whether through the ownership of voting securities, by contract or otherwise.
(4) “Government Official” means any officer or employee of a government at any level or of a Controlled entity
thereof or of a public international organization, or a person acting in an official capacity for or on behalf of any
such government or public international organization, or a candidate for political office, or a political party or
party official.

[Date]
[Company] _________________________

[Name]

[Title]

This Agreement for event planning services is hereby entered into by and between the
following parties: Desiree Carol Special Events 1510 Dalmatia Drive San Pedro, CA
90732 Telephone No.: 310.809.6667 Fax No.: 310.832.2026 Contract Person: Desiree
Carol Chavez INSERT CLIENT NAME HERE (Hereinafter referred & referenced as
“Client”) [Address] Telephone No.: ____________ Fax No.: __________________
Contact Person: ____________ RECITALS 1. Place of event (venue):
_________________________________________________ 2. Address of event:
_____________________________________________________ 3. City:
________________________ State: ___________ Zip Code: ____________ 4. Type of
event:_____________________________________ 5. Date of event:
____________________ Start Time: ____________ End Time: _____________ 6.
Scope of work: It is hereby agreed to and understood that Desiree Carol Special Events,
in exchange for remuneration as set forth in Paragraph 6 of this subject Agreement, I
Desiree Carol Special Events will provide the following services: (Input scope of services
here) 7. The total event planning fee agreed upon is $______. A non-refundable
reservation fee of $_____ is required to secure Desiree Carol Special Events for the
event. This amount shall be subtracted from the event planning fee. The remaining
balance of the event planning fee must be paid in full BEFORE the start of your event
(unless other arrangements are accepted by Desiree Carol Special Events. Any
payments received less than 2 weeks before the event must be by cash. Personal checks
are accepted up to 2 weeks before the event. All checks shall be made payable to Desiree
Chavez. 8. Desiree Carol Special Events represents and warrants to Client that it has the
experience and ability to perform the services required by this Agreement; that it will
perform said services in a professional, competent and timely manner; that it has the
power to enter into and perform this Agreement; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third party or violate any
federal, state and municipal laws. However, Client will not determine or exercise control
as to general procedures or formats necessary to have these services meet Client's
satisfaction. 9. This agreement of Desiree Carol Special Events to perform shall be
excused by acts of God, or any other legitimate condition beyond Desiree Carol Special
Events control. If such circumstances arise, all reasonable efforts will be made by Desiree
Carol Special Events to find comparable replacement event planning at the agreed upon
fees. In the 1510 Dalmata Drive San Pedro, CA 90732 Email: dc@desireecarol.com Web:
www.desireecarol.com Page 1 of 2 event that Desiree Carol Special Events is unable to
procure a replacement, Client shall receive a full refund of all fees paid to Desiree Carol
Special Events. Client agrees that in all such circumstances, Desiree Carol Special
Events liability shall be exclusively limited to refunding the fees paid and that Desiree
Carol Special Events shall not be liable for indirect or consequential damages arising from
any breach of this contract. 10. In the event of non-payment, Desiree Carol Special Events
retains the right to attempt collection through all legal and permissible means. Client will
be responsible for all court fees, legal fees, and collection costs incurred by Desiree Carol
Special Events. 11. It is further agreed to and understood that Client shall be charged $50
for each returned check plus a $10 service charge for each collection notice. 12. It is
agreed to that Client will take reasonable steps to protect Desiree Carol Special Events
personnel and equipment during the contracted period. In the event of injuries or
damages resulting from insufficient protection on Client’s part (except in the case of gross
negligence on the part of I Desiree Carol Special Events), Client will be responsible for
paying for all of Desiree Carol Special Events resulting costs (including, but not limited to,
insurance deductibles, medical treatment) that are not reimbursed by insurance. 13. This
agreement cannot be canceled except by mutual written consent of both the Client and
Desiree Carol Special Events. If cancellation is initiated by the Client in writing and agreed
to by Desiree Carol Special Events in writing, Client will be required to pay any
unrecoverable costs already incurred by Desiree Carol Special Events (but not more than
the total fee agreed upon). 14. Client shall pay any charges imposed by the venue. These
charges may include, but are not limited to, parking, use of electric power, etc. 15. It is
hereby agreed and understood that the laws of California State shall govern this
agreement. 16. Client agrees to defend, indemnify, assume liability for and hold Desiree
Carol Special Events harmless from any and all claims, demands, damages, losses, suits,
proceedings, penalties, expenses or other liabilities including attorney fees and court
costs, arising out of or resulting from the performance of this contract, regardless of the
basis (except for gross negligence on the part of Desiree Carol Special Events ) 17. Client
may not transfer this contract to another party without the prior written consent of Desiree
Carol Special Events. 18. This agreement is not binding until received and signed by
Desiree Carol Special Events. Any changes must be written and signed by both the Client
and Desiree Carol Special Events. Oral agreements are non-binding. The latest contract
supersedes all previous contracts between Client and Desiree Carol Special Events for
the event listed above. If any clause in this Agreement is found to be unenforceable by a
court of law, the rest of this Agreement shall remain in full force and effect. 19. This
Agreement may be executed in multiple counterparts, and each such executed
counterpart shall be deemed an original, but all of which together shall constitute a single
agreement. Facsimile signatures to this Agreement are acceptable and carry with it the
same full force and effect as an original signature 20. Desiree Carol Special Events may
elect not to exercise rights specified in this agreement. By doing so, Desiree Carol Special
Events does not waive their right to exercise those rights at a future date. Dated:
___________ Desiree Carol Special Events Signed by: Desiree Carol Chavez

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