Client Service Agreement

Client wishes to hire Vendor to provide services relating to Client’s events as detailed in this Agreement. Vendor has agreed to provide such services according to the terms of this Agreement.

Parties. (KayDi's Events) Known as  "Vendor" and (You) Known as "Client" All of the above people or businesses entering this Agreement will be called the "Parties." Purpose of the Agreement: Client wishes to hire Vendor to provide services relating to Client’s as detailed in this Agreement. Vendor has agreed to provide such services according to the terms of this Agreement.

Terms. Vendor will provide all Services on event date unless otherwise specified in this Agreement.  When the provided Services are tied to the number of guests that Client expects to attend Client's wedding or other events, Client agrees to notify Vendor with an accurate guest count.

Cost, Fees, and Payment Cost. The total cost ("Total Cost") for all Services is due in full by invoice date. Client shall pay the Total Cost to Vendor as agreed. The first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Vendor for committing to provide the Services and turning down other potential projects/clients.

Exclusivity. Client understands and agrees that he or she has hired Vendor exclusive of any other service provider. To provide a high level of satisfaction and quality of service, no additional service providers, other than any assistant or third party that Vendor hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

Intellectual Property Copyright Ownership.  If any copyrighted work(s) are created as a result of the Services provided by Vendor in this Agreement, Vendor owns all copyrights in all work(s) it creates or produces under federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business. Permitted Uses of Product(s). Vendor grants Client a non-exclusive license of the product(s) produced with and for Client for personal use only so long as Client provides Vendor with attribution each time Client uses Vendor’s property. Personal use includes, but is not limited to, use within the following contexts: In photos on Client’s personal social media pages or profiles; or In personal creations, such as a scrapbook or personal gift; or In personal communications, such as a family newsletter or email, or holiday card.

Artistic Release Style. Client has spent a satisfactory amount of time reviewing Vendor’s work and has a reasonable expectation that Vendor will perform the Services similarly and style unless otherwise specified in this Agreement.

Consistency. Vendor will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and Vendor will try to incorporate any practical suggestion made by Client. However, Client understands and agrees that: Every client and event is different, with different tastes, budgets, and needs; services are often a subjective art, and Vendor has a unique vision with an ever-evolving style and technique; Vendor will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions; Although Vendor will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Vendor shall have the final say regarding the aesthetic judgment and artistic quality of the Services; Dissatisfaction with Vendor's aesthetic judgment or artistic ability is not valid reason for terminating this Agreement or requesting any monies returned.

Limit of Liability Maximum Damages. Client agrees that the full amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Vendor.

Loss of Product. If any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Vendor shall refund Client a pro-rated portion of the Total Cost based on the number of Services that were completed/provided against the number of Services that were agreed to be completed/provided.

Indemnification. Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action arising out of or related to Services and/or product(s) Vendor  provides to Client.

Cancellation, Rescheduling, and No-Shows Cancellation, Rescheduling of Services, or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, such as failure of the event to occur or failure of one or more essential parties to the event to show up on time, Client shall provide notice to Vendor as soon as possible via the Notice provisions detailed in this Agreement. Vendor has no obligation to attempt to re-book other Services to fill the void created by Client’s cancellation, rescheduling, no-show, or if it becomes impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client). Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for canceled Services, rescheduled Services, failing to show up for the event, or should it become impossible for Vendor to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Vendor can secure another unrelated client for event, then Vendor may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost. If Client and Vendor must sign rescheduling event, a new contract in agreement.

Impossibility 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, hurricanes, 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 Vendor 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.

General Provisions Governing Law. The laws of Alabama govern all matters arising from or relating to this Agreement, including torts. Severability. If any portion of this Agreement is deemed illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice. Parties shall provide adequate notice (“Notice”) to each other via either of the following methods of delivery at the date and time on which the Notice is sent: Vendor's Email: kristina@kaydis.com

The Client(s) expressly agree(s) to make best efforts to provide [Vendor] and Vendor’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either [Vendor] or a bystander to present a threat or implied threat of injury or harm to [Vendor] staff or equipment, the [Vendor] reserves the right to cancel all services remaining under this Agreement and leave the event. At the [Vendor]’s discretion, the [Vendor] may enact a three-strike policy. After the first offense, the [Vendor] will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/can respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), [Vendor] shall resume work under the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. The [Vendor] will immediately leave the event if the behavior occurs a third time. If the [Vendor] leaves the event early due to any offending conduct, the Client(s) expressly agree to relieve and hold [Vendor] harmless as a result of incomplete event coverage or for a lapse in the quality of the [Vendor’s] work, and the Client(s) shall be responsible for payment in full.

Non Event: The Client(s) expressly agree(s) to make the best efforts to provide [Vendor] and Vendor’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to [Vendor] staff, [Vendor] will make reasonable efforts to notify the Client(s). If the Client(s) is/can respond to the threatening situation in a fair amount of time, [Vendor] shall resume work following the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold [Vendor] harmless as a result of incomplete services under this Agreement or for a lapse in the quality of the [Vendor’s]work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether [Vendor] resumes work detailed in this Agreement. Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.