The undersigned hereby agrees and contracts with the Event Rental and Design Company named CC Smith Events, LLC dba Prim & Proper Events. 

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1. Engagement. Client hereby employs, engages, and authorizes Business to provide event planning services for Client, including but not limited to Rental Services and/or Design Services a/k/a Event Planning.and/or Rental.

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     A. "Rental Services” are defined as any service or product related to the items being rented. It includes but is not limited to delivery, drop off, pick up by Prim & Proper, pick up by customer, and all inventory

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     B. “Design Services a/k/a Event Planning” are defined as any aspect of your wedding that pertains to planning, including but not limited to vendor recommendations, vendor contact, meetings, phone calls, travel, timelines, planning and communication with vendors and the couple. This also includes time spent working on quotes, meetings, travel, set up, tear down, etc.

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2. Scope of Relationship. Business shall provide Rental Services and/or Design Services provided Client complies with the provisions of this Agreement. Business will not participate or engage in anything unethical or illegal during their representation of Client, and Client shall not ask or expect Business to do so.

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3. Retainer, Payment of Fees, and Cancellation. A. In consideration of Business agreeing to assist Client with either Rental Services and/or Design services a/k/a Event Planning, and for the sole purpose of retaining Business’s commitment, availability, and services. Client shall pay to Business a retainer in the agreed upon amount. The total fee for this event will therefore be the agreed upon amount, subject to Part 3 paragraph B. 

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     A. The retainer fee is earned by Business when paid; it is the minimum fee charged by Business for their services relative to any service provided by Business; and, it is non-refundable in its entirety.

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     Client expressly agrees to pay in full the total fee for any services no later than two (2) weeks prior to the date of the occasion. Cancellations on same are only allowed prior to four (4) weeks of the occasion date. Should a cancellation occur in a timely manner on Design Services a/k/a Event Planning, Client will be charged the total amount that has already been paid with no reimbursement. Paying the retainer fee does not hold Business liable to hold every item on the original invoice for Client. If Client does not pay according to the terms set forth in this agreement, Business reserves the right to rent items to other paying clients. Business will do everything in their power to substitute rental items that may have been rented to other clients for Clients once payments are made.

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     If there is a cancellation of services by Client within four weeks of the occasion date, the Client will be responsible to Business for the total fee for Design Services a/k/a Event Planning and Rental Services.

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     If Client and Business agree to a payment plan, month-by-month agreements, this agreement holds them liable to pay on the date, each month that has been agreed to. 

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     B. Force Majeure Circumstances. Business has had the experience of Clients recently being affected by the COVID-19 pandemic. When events are rescheduled due to these types of circumstances, Business’s expected workload is increased. In the event of a Force Majeure circumstance that may cause a rescheduling of the event, including but not limited to, a spontaneous military deployment due to war or disaster, a global pandemic, or some other Act of God, Business reserves the right to charge an additional fee reflective of the additional amount of work that will be required to reschedule the Event. Given that these circumstances are by their very nature unforeseeable, Client acknowledges this and agrees that Business, in the sole discretion of Business, may charge a reasonable fee for any additional services provided. Client further agrees that any Event rescheduled under this paragraph must be scheduled no later than one (1) year from the original occasion date and it may not be rescheduled for a date that Business already has an event scheduled. If rescheduling occurs and Business is not able to comply with that date, a refund will not be issued to Client.

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4. Substitute Inventory Due to Damage. Client understands that from time to time certain items of inventory (e.g., rental inventory) may become unavailable for various reasons, to include but not limited to: previous events that have caused damage to specialty items, or other Acts of God which affect supply chains. In this line of business, this does occur. Business will endeavor to do its best to always provide the inventory that is requested by Client, however Client agrees that in the event such an inventory issue referenced in this paragraph should occur, it will

hold Business harmless for any such deviations that result.

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     If any items are to be special ordered for client and they do not arrive for various reasons, to include but not limited to: unforeseen events that cause delayed shipping, or other Acts of God which affect supply chains, Business will endeavor to do it's best to always provide a substitute for these items.

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5. Client’s Obligations. In addition to timely performing the monetary obligations created by this Agreement, Client shall do all the following: (a) Cooperate with Business during the effective period of this agreement; (b) Check invoice to make sure all wanted items are included, this responsibility falls solely on the client, anything missing from the invoice that isn't received, Business should not have to deliver to Client; (c) Return all rental items to Business after the conclusion of the occasion in the same condition as when delivered to Client; (d) bus all tables, clean all guest tables, china, trash, and the like, during or after the occasion; (e) reimburse Business for or replace all items belonging to business

which are damaged while not in the care of Business.; (f) Agree to any changes on the invoice still in accordance to these terms even after signing if agreed on by both Business & Client verbally.

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6. Condition of Items. Any items rented from Business are rental items, client acknowledges items are not in new condition. Linens & other items may have small stains & small imperfections. This is something that we strive not to have, but sometimes it is inevitable. By renting from Business you agree that the items may not be perfect, but they are up to the standards of our Business. Client's acceptance of any item from Business in the scope of this agreement constitutes Client’s acknowledgement that the items are in satisfactory condition and are able to be used for their intended purpose. This includes but is not limited to any item that is provided to Client by Business during the course of Design Services a/k/a Event Planning and/or Rental Services. 

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7. Vendor Recommendations. Business may from time to time as a courtesy to Clients make recommendations of Vendors during the services provided to Client. Business makes no representations regarding the services of any such Vendors, and Client expressly agrees and understands that Client is fully able to make their own decision(s) regarding which Vendors to use. Client understands and agrees that Business is not responsible for any actions undertaken by any such Vendor. Further, Client expressly agrees to hold Business harmless for any actions of any Vendors that are recommended by Business. Such vendors include but are not limited to: dee-jays, cake artists, catering companies, and venues.

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8. Termination. Either party may terminate this Agreement at any time for any reason by giving to the other party notification of election to terminate on a day certain. In the event of termination by either party, Client promptly shall pay to Business all fees, costs, and expenses incurred through the date of termination. Client understands that, in the event Business becomes dissatisfied with Client, Business may terminate their representation of Client, and Client will be required to engage another such company to handle Client’s matter. Client further understands and agrees that Business’s representation of Client is conditional on Client’s timely complying with the monetary obligations set forth herein.

If Business chooses to terminate representation of their client, Business will charge Client for work completed & if representation is terminated within four weeks of the event, Client will still be held liable to pay Business in full.

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9. Satisfaction. So long as Client continues to utilize Business’s services, it shall be understood and stipulated that Client is satisfied with the services provided by Business on behalf of Client. In the event Client ever becomes dissatisfied with Business, including without limitation of their services, for any reason, Client shall have an affirmative duty to, and Client shall, immediately notify Business and terminate this Agreement, and Client promptly shall seek the services of another such business to assist Client.

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10. Collection. In the event Client fails to make payment in accordance with this Agreement and it becomes necessary, in the sole discretion of Business, to employ the services of an attorney to enforce collection of amounts due, Client shall be liable for all legal fees incurred by Business, together with all costs and expenses incurred by Business as a result of enforcing collection. Any outstanding balances are subject to an interest charge of 18% per annum from the date of default.

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11. Venue. Venue of any legal action to enforce or interpret this Agreement shall be located in Graves County, Kentucky, and both Client and Business expressly waive all objections to venue.

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12. Complete Agreement. The parties acknowledge that this written agreement is the complete agreement between them. Any addendums or modifications to this written agreement must be agreed to in writing by all parties.

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13. Waiver of Breach. The parties agree that no waiver of any breach of the terms of this Agreement by either party shall be deemed a waiver of any subsequent breach.

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14. Confidentiality and Intellectual Property. Client agrees to not disclose to any third parties the costs associated with the provision of services to Client. Client further understands that all creative decisions by the Business are the intellectual property of the Business.

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15. Payment. Renter agrees to pay Business as a rent for Rented Items the amount agreed upon between Renter & Business. Acceptable forms of payment: Cash, Checks or Credit/Debit Cards, Pay Pal or Venmo through our website. Renter authorizes Business to charge the debit card or credit card on file with Business an amount equal to all payments and fees due under this Agreement. Renter shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to: (a) charges for optional services, if any; (b) loss of, or damage or repair to the Equipment that exceeds 20% damage fee amount for that item; (c) unless due to the fault of Business, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Business or the Equipment during the rental Term; (d) all expenses Business incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment; (e) all costs incurred to collect unpaid monies due; and (f) twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds.

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16. Location of Equipment. During the Term, Equipment shall be located at the agreed upon location, unless expressly agreed otherwise in writing by Business.

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17. Rental Drop Off. If delivering rentals only, Business will unload rentals to the closest place Business' vehicle will go to the acquired spot. If Client wants rentals to be taken to a specific place and/or set up, Business will charge a separate set up fee. Rentals are to be where Business dropped them when Business picks up. Rental items also have to be contained/packaged/stacked the same way they were dropped off. If Business has to pick up or drop off other than the closest spot the vehicle can go, additional fees will be charged to Client.

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18. Rental Items Set-Up. Business requires that prior to equipment set up, all the items of furniture that are obstructing Business' equipment install must be removed or moved out of the way by responsible person designated by the Renter. Business will not be responsible for any damages to furniture on the site. Business will not start Equipment install until the room has been fully cleared and ready for install. If Prim & Proper has to clear out items to set up there will be an additional charge that will be sent after the event.

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19. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Business from and against any claim, demand, cause of action, loss, or liability (including attorney's fees and expenses of litigation) for any property damage or personal injury arising from Renter's use of Equipment by any cause, except to the extent caused by Business's gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. 

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     A. Client acknowledges that Business will not be held liable for something unforeseen happening to rented tents at or during an event. The rental event tents are only suitable for mild weather. They are not meant to withstand storms or greater Acts of God.

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Acknowledgment. Client acknowledges having carefully read this Agreement before filling out and signing the below form, and Client further acknowledges having received a copy of this Agreement.

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Any payment sent to Business, from Client, is an automatic understanding that the contract between Business & Client is now valid. Regardless of a physical signature, a payment to Business is assumed a signature from Client agreeing to all articles under the contract present on this website from date of payment issuance forward.