Terms & Conditions

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We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms at any time, and you agree to be bound by such modifications or revisions. It is your responsibility to check the Terms periodically because any changes will be binding on you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.


We want all Clients to feel welcome and included with our Services. Accordingly, we do not discriminate against any users or their representatives based on race, color, religion, sex, national origin, ancestry, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law. Such discrimination includes, but is not limited to, refusing to provide or accept services or any other conduct that improperly takes into account these characteristics. This prohibition applies to the posting of discriminatory content,  We will, at our discretion, take steps to enforce this policy, up to and including suspending from any team member (employee or independent contractor), venues, and vendors who violate this policy. If you experience discrimination with any member or vendor, please contact support at info@bluephoenixevents.com with the subject “Nondiscrimination Policy,” so we can investigate and take appropriate measures.

We reserve the right to suspend any member, vendor, or client who violates these rules or who engages in offensive and detrimental behavior, including behavior that shocks, insults, or offends the community and public morals and decency, including through making racist, discriminatory or offensive comments on our properties and elsewhere or by taking actions that would tend to reflect poorly on us.


Our agreements/contracts are between Blue Phoenix Events and the client.  They shall not become effective until the contract is signed and monies have been paid. At the time the contract takes effect, Blue Phoenix Events shall reserve the date and time agreed upon. For this reason, in the event, the client cancels the contract for any reason, all monies paid shall be retained by Blue Phoenix Events in order to offset any possible losses of business and/or any work already completed on the project between the initial date of initial contact through any time through the planning and/or coordination process and the event completion date.

Agreement info includes the name of the couple, event date which may be changed according to the stipulations below, our fee schedule based on the package selected, and the price at the time of the purchase of their selected package.

All payments are non-refundable once tendered. The Clients shall pay any reasonable attorneys’ fees, court costs, or other costs incurred in the collection of delinquent fees stated in the Fee Schedule. After any payment is ten (10) days past due, the Consultant shall be entitled to terminate this Agreement immediately and shall retain the Retainer Fee and any payments already tendered by the Clients. If this Agreement is signed less than thirty (30) days from the Wedding/Event Date, payment in full shall be due upon the signing of this Agreement, and all payments shall be non-refundable.

Our agreement (herein this “Agreement”) is between Blue Phoenix Events (herein the “Consultant”) 3833 Patriot Lane, Lexington, MN 55014 and the client(s).


  1. SERVICES PROVIDED: The Consultant will provide one or more of the services listed in the package selected: See section 14 (herein collectively the “Services”). Any and all items rented by the Clients will be the Clients’ responsibility to return after the Wedding/Event Date to the appropriate parties unless otherwise specified in the selected package. This includes, but is not limited to… cake stands; vases; linens; chairs; chair covers; etc…
  2. RETAINER: The retainer amount is simply that; a retainer to reserve the event date. The retainer is 100% non-refundable and the amount is equal to twenty-five percent of the total retail price of the package. The retainer is non-refundable and due prior to signing this agreement/contract. The Consultant will secure the Wedding/Event Date as soon as the Retainer Fee has been received and cleared through the bank.
  3. PHOTOGRAPHY/VIDEOGRAPHY: The Clients agree that the Consultant may use any images or video from the Wedding/Event for the Consultant’s portfolio, advertising, website, blog, and/or magazine submissions, and any other means of promotion of the Consultant in perpetuity. The Clients give express consent to the contracted photographer/videographer to provide access and rights of all pre-event and event photos to Blue Phoenix Events as soon as they become available to the client. Clients will also ensure that their agreement with the contracted photographer/videographer will provide access and rights to Blue Phoenix Events to the photos as soon as they are made available to the client. The Clients waive any rights to payment, royalties, or any other consideration for the use of the images. The Clients waive the right to inspect and approve the finished product, including a written or electronic copy, wherein the Clients’ likenesses appear. The Consultant is hereby held harmless, released, and forever discharged from all claims, demands, and causes of action which the Clients, or the Clients’ heirs, representatives, executors, administrators, or any other persons acting on the Clients’ behalf or on behalf of the Clients’ estates have or may have by reason of this authorization. The client agrees to provide all images from the Wedding/Event to Blue Phoenix Events as soon as they are available.  Blue Phoenix Events gives permission and shall allow the Couple to use any photographs, videos, or other recording media in which Blue Phoenix Events is in, or part of, in any manner or for any purpose they wish as long as it is reflective in a positive manner.  There shall be no expiration period for this permission.
  4. PAYMENT: If any payments due are not received within the time frame stated in the Fee Schedule, the Consultant shall reserve the right to cease work on the Wedding/Event until payments are up to date. The Clients understand and agree that the Clients are responsible for and shall satisfy all obligations owed to vendors or other personas in connection with the services, goods, or accommodations they provide for the Clients. Such monetary obligations due to vendors must be paid directly to the vendors and not through the Consultant. If a payment plan or installment agreement is in place, the client understands that a minimum of 25% of the contracted amount is due and payable as this amount is considered the non-refundable retainer, regardless of when the contract is canceled and whether or not all payments/installments have been made.
  5. IMPOSSIBILITY OF PERFORMANCE: Neither Consultant nor Clients shall be liable in damages, or have the obligation to perform under this Agreement due to any delay or default in performing hereunder if conditions beyond its reasonable control cause such delay or default, including but not limited to:  acts of God (such as hurricanes, earthquakes or flooding); fire; government restrictions (including the denial or cancellation of any export or other necessary license); labor strikes, wars; terroristic acts or threats of terrorism, insurrections and/or any other cause beyond the reasonable control of either Party whose performance is affected.  Reasonable control does not include the client’s change of heart or personal decision to cancel the event. Should the Wedding/Event be canceled, postponed, or otherwise adversely impacted as a result of any of the events described herein, there shall be no refunds for payments already received by the Consultant, however, the Consultant will use all reasonable efforts to work with the Clients to produce the Wedding/Event within twelve (12) months of the original Wedding/Event date, subject to the availability of Consultant, and Clients acknowledge that a substitute representative may be present on the Consultant’s behalf on the rescheduled date, if necessary.  Additional fees, if any, may be incurred by Clients and due to the Consultant and/or vendors as a result of a rescheduled event.)    
    • *COVID-19 OR OTHER PANDEMIC SAFE BOOKING CLAUSE:  In the event of an unforeseen pandemic should occur and any government agencies recommend events to be limited in attendance or have any other recommendations which would affect the original plans of the client’s event, Blue Phoenix Events will reschedule the event within 12 months of the original date.  In this case, any change fees or penalties normally applicable with Blue Phoenix Events will be waived.  The consultant will provide the templates and guidance to the client in negotiating and rescheduling the venue and vendors already booked.  While the consultant will make every effort to provide the services booked in the original package regarding negotiating and rescheduling the other vendors and venue already booked, there may be additional fees in providing duplicate work already included in the client’s package.  The client can also have Blue Phoenix Events handle this for them (DO-IT-FOR-YOU) for a small additional fee (if this wasn’t something already included in the original package). Of course, any additional fees will be determined and agreed upon at the time of rescheduling the event. 
  6. WEDDING/EVENT PROFESSIONALS (VENDORS) SELECTED: Blue Phoenix Events shall not be held directly responsible for the actions or performance of the venue or other vendors. Where applicable, it is highly recommended that all vendors are to be selected from the Consultant’s current preferred list of preferred vendors, including but not limited to: rental agencies; musicians; bands; disk jockeys; entertainment providers; photographers; videographers; florists; caterers; and pastry chefs. The Consultant’s preferred vendors have demonstrated superior professionalism and service. Should the consultant not have a preferred vendor list in the location of the wedding, all vendors must be reviewed and approved by the consultant prior to being hired. The client agrees that they will not hire a vendor unless they are:
    • reviewed and approved by the consultant,
    • a licensed or registered business,
    • holds a current insurance policy in the name of the business for a minimum of $1,000,000 in General Liability (and is willing to provide a certificate of insurance naming either the legal entity of the venue or the wedding planner as “additional insured”.  The vendor must agree not to charge any additional fees for the COF. (certificate of insurance)
    • has a documented history (available to the public) of positive reviews/testimonials and experience in their trade working in the wedding and/or event industry
    • able to meet all vendor requirements set out by the contracted venue.

The consultant is not responsible for the acts or omissions of any vendor, its employees, suppliers, officers, etcetera. Any vendors hired by the clients prior to hiring Blue Phoenix Events must be licensed and insured and approved by the venue selected by the couple and must be executed in written form and provided to the consultant within 24 hours of hiring the consultant. The client agrees to execute written agreements with all vendors throughout the planning process including those where products and services were donated or gifted by the vendor (ex: officiant is a family member or baker is a friend and either “gift” or donate the services to the client). The full retail value/ fair market value of the gift or donation must be disclosed on the executed written agreement. Verbal agreements should never be accepted by any vendor or venue. The client agrees to provide written copies of all executed agreements as well as any changes or addendums between the client and vendors no later than 24 hours after an agreement is executed or a change is made. In the case of approving vendors hired prior to hiring Blue Phoenix Events, the venue selected must be a legitimate licensed and insured business involved in the regular practice of hosting weddings and/or events lacking excessive negative feedback/reviews/testimonials.


  • All Travel fees to and from the event/wedding for the original location in this agreement are INCLUDED in the package price. This includes any travel fees incurred for the day before, day of & day after the actual event. If the event is rescheduled due to any reason, travel reimbursement to the consultant may apply in the case of monies already spent on travel which are non-refundable or non-changeable.
  • Other than the contracted outlined dates, the following may apply:  any pre-approved travel required for meetings, appointments, and venue visits more than 50 miles from the Consultant’s offices shall be billed to the Clients at the rate of $75 per hour with a minimum of the one-hour per incident. Destination Weddings/Events which shall require additional air and ground transportation and hotel accommodations, arrangements for which are to be determined before the signing of this Agreement whenever possible.  Any travel arrangements booked by the Clients on the Consultant’s behalf are subject to the Consultant’s input and advance approval. The Consultant shall be reimbursed by the Clients promptly for any travel expenses within ten (10) days of presentation of an invoice or receipt to the Clients. Again, travel to/from the event/wedding for the original location and the day before, day of, & next day travel fees are INCLUDED in the package price.
  • PARKING: Any charges for parking, valet or self-park, where the planner/consultant and any day-of coordinator(s) must be either provided & paid for by the client or reimbursed to the consultant upon the presentation of a paid receipt. This includes official visits/meetings with the venue and/or vendors as well as any parking fees for the day before, day of, and day after (if necessary) the actual event.

8.     [BRIDE/AUNT/MOM/GROOM/FRIEND/ETC.] ZILLA CLAUSE: The Consultant reserves the right to stop working on the Wedding/Event if the Clients are not working toward the same goal and begin to interrupt the planning process, determined in the Consultant’s sole discretion (i.e., having a bad attitude, treating the planner unprofessionally, etcetera). In this case, any monies paid will be forfeited by the Clients, but no future payments will be required to the Consultant.

9. ADDITIONAL SERVICES: Please read the Description of Services provided in section 14 of this Agreement. The Clients agree to compensate the Consultant for any additional services not specified in this Agreement at a flat rate set by the Consultant based upon the specific services. In the event that additional services are necessary, the Consultant will provide the Client with an estimate and seek pre-approval prior to commencing such services. Should the Consultant determine that additional assistants are needed for the Wedding/Event Date due to factors such as guest count, venue type, and/or amount of setup required, the Clients shall be responsible for the additional cost of each additional assistant at the rate of $350 per assistant.

10. PURCHASES AND EXPENSES: The Consultant shall be reimbursed for any purchases made by the Consultant on behalf of the Clients which are either pre-approved by the client or deemed as urgent/necessary (such as Wedding/Event decor, Wedding/Event details, printing, ice, and last-minute items on the Wedding/Event Date) or expenses incurred (such as pre-approved parking and toll road fees) within (Ten (10) days of presentation of an invoice or receipt to the Clients. Any single expense will not exceed $100.00 without the clients prior permission and approval.

11. CONFIDENTIALITY AND PROPRIETARY INFORMATION: The Consultant owns, possesses, or controls certain trade secrets and other proprietary and confidential information acquired through the expenditure of time, effort, and money, including but not limited to: planning documents; instructional documents; timelines; schematics; checklists; vendor information; and the terms of this Agreement, including pricing (herein collectively “Confidential Information”). The Clients agree to use all best efforts to protect the Consultant’s interest in regards to such Confidential Information and keep it strictly confidential. This includes a covenant to not directly or indirectly disclose, allow access to, transmit/share, or transfer the Confidential Information to any third party, including but not limited to online forums, without the Consultant’s prior written consent or as may be required by law.

12. VENUE AND OFFICIANT RESTRICTIONS: The Consultant and its agents, employees, and contractors, as well as vendors hired by the Clients, may be limited by the guidelines or rules of the venue management, officiant, and/or local & state government. The Clients understand and agree that the Consultant will abide by such guidelines or rules and that such rules are outside of the control of the Consultant. Negotiation concerning modifying the guidelines and restrictions is the sole responsibility of the Clients, and the Clients agree to hold the Consultant harmless and defend the Consultant for the impact such guidelines or rules may have on the Wedding/Event.


14. The Clients shall provide the Consultant with copies of all contact information, proposals, notes, addendums, and contracts/agreements with all hired vendors in a timely manner (within 48 hours of hiring Blue Phoenix Events), and under no circumstances less than four (4) weeks prior to the Wedding/Event Date. The client will upload these items to the online client portal. Whenever and wherever possible, the client will request the planning/consultant to review other vendor or venue contracts/agreements prior to be executed.  While the consultant cannot guarantee legal protection or guarantees of any work provided by any vendor or venue, their primary interest in reviewing the documents is to spot check for any potential items that may or may not be in the best interest of the client and/or best practices desired for a successful event.

15. The Clients shall promptly notify the Consultant of any changes to vendors, schedules, locations, or other Wedding/Event details in a timely manner. The Consultant shall not be responsible for any issues resulting from the Client’s failure to notify the Consultant of any such changes.

16. The Clients understand that failure to heed the Consultant’s recommendations, advice, and outlined planning process (verbal or written) including the use of the online client portal, may have an adverse impact on the overall planning process as well as the Wedding/Event itself, for which the Consultant shall bear no responsibility or liability.

17. The Clients shall promptly communicate with the Consultant in order to facilitate the planning process, and the Clients understand that communication delays may have an adverse impact on the Wedding/Event (such as lost opportunities with respect to venues and vendors, rush fees, late fees, and additional staffing needs due to a shortage of time), for which the Consultant shall bear no responsibility or liability.  In case of human or technology error, the client agrees to notify the consultant as soon as possible if they do not receive communication or expected items/actions from the consultant/planner in a timely fashion so the consultant can take action to remedy.

18. The Consultant shall perform the Services in a professional manner and endeavor to plan and execute a successful event for the Clients, but the Clients understand and agree that weddings/events are fast-moving and often unpredictable, with unexpected circumstances that may arise during the course of the planning process and/or on the Wedding/Event Date, and the Consultant cannot offer refunds following the occurrence of such circumstances.  This also includes when the client, at their offering or choosing, performs one or more functions or steps in the planning process in which they contracted the consultant/planner to perform based on the package chosen.  While we fully support the TEAMWORK approach, the client understands that this is their own choice or offer which not discount the services and package contracted with the consultant.

19. OFFICE HOURS, COMMUNICATION & SCHEDULING MEETINGS (via phone, online or in-person) The Clients understand and agree to honor the consultant’s “normal business schedule” for communication and meeting policies which are 9:00 am to 6:00 pm central time, Monday through Friday. Meetings shall be scheduled a minimum of 72 hours prior to the requested meeting time, and no meetings shall be held after-hours or on Saturdays or Sundays unless authorized by the Consultant. In the event of impossibility for the client to utilize “normal office hours” or if the client is unable to find an acceptable date/time in the consultant’s online calendar, the client will notify the consultant as soon as possible so the consultant can make every effort to accommodate to the client’s unique situation.  Any exceptions requested by the client and will be based on the amount of notice provided and the availability of the consultant’s schedule. Both the client and consultant understand that prescheduled meetings are booked in advance for convenience and to accommodate the schedule of both the consultant and the client and that a meeting may need to be delayed or changed due to a last-minute emergency or unforeseen circumstance. The consultant and the clients both agree to attempt to notify the other with as much notice as possible and will only request a “last minute” change when absolutely necessary. The clients agree to be responsible for booking/scheduling all planning and update meetings with the consultant and will make every effort to follow the prescribed/recommended schedule as provided in the Welcome Letter.

20. The Clients shall provide a meal on the Wedding/Event Date for each member of the Consultant’s staff, which is usual 1 staff member plus 1 per every hundred guests. Additional meals needed by the consultant’s team members must be pre-approved by the client. (example: 100 guests = 2, 200 guests = 3, and so on…)  Note: It is an industry norm that any vendors working 4 or more hours at a single event will typically require a meal. The consultant recommends that the client should assume this meal expense for all of their on-site vendors unless otherwise agreed between the client and the vendors. It is also recommended that vendor assistants and helpers be confirmed as well. The consultant recommends a rule of thumb is 1 meal per each vendor who works at least 4 hours during the actual event itself and does not necessarily include set up time. However, it is the client’s responsibility to confirm this with the vendors themselves.  In addition, most caterers offer special discounted pricing for “vendor meals” so the client should request this whenever possible.

21. The Clients agree that in the event that the Consultant determines in the Consultant’s sole discretion that the Consultant has suffered any inappropriate behavior by the Clients, the Clients’ family, the Wedding/Event guests and/or the Clients’ vendors during the Wedding/Event planning process or on the Wedding/Event Date which rises to the level of harassment (physical or verbal) toward the Consultant or the Consultant’s agents, contractors, or employees, the following steps will be taken: on the first offense, a verbal warning will be issued to Clients; on the second offense, the offending party (if a Wedding/Event guest) will be required to leave the Wedding/Event, or (if the offending party is an individual Client or both Clients), the Consultant shall be entitled to terminate the Services and (if on the Wedding/Event Date) leave the Wedding/Event, and in such a situation, the Clients expressly agree to release and hold the Consultant and its agents, contractors, and employees harmless and defend from any and all liability as a result of any resulting incomplete Wedding/Event planning/coordination package, and the Clients agree that the Consultant shall retain all payments tendered up to the point of termination. In return, should the client feel they are ever potentially experiencing any perceived inappropriate behavior by any of the consultant’s staff members or contractors, the client will notify the consultant as soon as possible so the consultant can attempt to assist in remedying the alleged situation.  In case of emergency, always contact 911 first.

22. The Clients shall be financially responsible for and reimburse to the Consultant any and all costs, damages, and expenses (including, without limitation, attorneys’ fees and associated costs) due to damage to any of the Consultant’s equipment or materials caused by the Clients or any Wedding/Event guests.

23. The Clients acknowledge and agree that the Consultant is not responsible for monitoring the consumption of alcohol by the Clients or the Wedding/Event guests, and the Clients shall indemnify the Consultant for any alcohol-related third-party claims against the Consultant. It is the Clients’s responsibility to ensure that a properly licensed and trained bartender is responsible for the serving of all alcohol in accordance with all applicable laws and the guidelines provided by the venue, caterer, or provider of alcohol.  It’s important to note that many venues and caterers have a “no-shot” policy and/or a time frame “last call for alcohol” and it is the client’s responsibility to be aware and follow such policies.

24. It is the Clients’s responsibility to inform the Wedding/Event guests of any food, favors, or welcome bag items that may present food allergy concerns or choking hazards for small children. The Clients acknowledge and agree that the Consultant is not responsible for warning Wedding/Event guests about these risks, and the Clients shall indemnify and defend the Consultant for any resulting claims against the Consultant.

25. Wedding Date Event Staffing: On the Wedding Date, Blue Phoenix Events will assign its personnel to provide the services as needed. The identity, number, and type of personnel provided will be determined by Blue Phoenix Events’ sole discretion. In some cases, due to an emergency, injury or illness, or scheduling necessity, the Blue Phoenix Events personnel who has been working with client throughout the planning process may not be available. In such a case, another qualified member of its staff/partnership will be assigned. The client agrees that Blue Phoenix Events cannot guarantee any specific individual on its staff will be available on Wedding Date. The client agrees to provide a meal for each Blue Phoenix Events personnel working on Wedding/event Date.

26. Excluded Services: While all efforts will be made by Blue Phoenix Events personnel to jump in and help in necessary situations unless otherwise arranged or DESIGN/STYLING services are contracted, Blue Phoenix Events shall not be REQUIRED to provide any of the following services: event set-up (including, but not limited to, tables, chairs, linens, flower arrangements other than small pre-approved centerpieces or small pre-approved décor items); event clean-up (including, but not limited to, clearing of plates, removal of trash or personal items from the venue(s), sweeping, vacuuming, dishwashing, dismantling large décor or other equipment/items, mopping or other cleanings); cutting of the wedding cake; service of alcohol; completing Client’s “do-it-yourself” projects; completing Client’s pre-assigned projects; pick-ups or deliveries of items provided by third-party vendors; receiving, storing or transporting any items; running personal errands of the Client, the couple getting married or members of the wedding party; work requiring a ladder or electrical services; emceeing; mediation of disputes between family, wedding party members or guests; transportation services; or other services provided that are typically provided by a third-party vendor. These services may be contracted for an additional hourly fee when necessary, when available, and upon agreement of the client. Should the consultant choose to do one or more of these items as a “favor”, the clients agree not to hold the consultant responsible for the process or outcome of the function itself.

27. REPLACEMENT OF VENDORS: In the event that any vendor cancels prior to the date of the wedding, the Couple agrees that Blue Phoenix Events may substitute a new vendor with or without advance notice to the Couple at its discretion and any additional costs to be paid by the Couple.

28. GUEST COUNT: The guest count is approximately {{lead_guest_count}} and the contracted amount is for this count with an allowable increase up to 10%. Should the guest count exceed 10%, the package price will increase the exact percentage of the total guest count increase unless otherwise agreed upon in writing.

29. DESCRIPTION OF SERVICES: SEE “ADDENDUM A” BELOW become effective as of the date that all parties have executed this Agreement and Consultant has received the Retainer Fee or initial payment of a pre-approved payment plan/agreement, and unless otherwise terminated pursuant to the provisions of this Agreement, shall terminate automatically upon completion of the Services on the conclusion of the Wedding/Event Date.


  • The Clients agree that, to the fullest extent permitted by law, the Consultant’s maximum total liability for any claims, breaches, injuries, or damages by reason of any act or omission, including breach of this Agreement and negligence, shall be limited solely to the dollar amount of the Fees paid by the Clients to the Consultant. The Clients agree that, to the fullest extent permitted by law, the Consultant shall not be liable for any claims for punitive damages, consequential damages, emotional distress, mental anguish, lost profit, loss of enjoyment, lost revenues. and/or replacement costs.
  • The Consultant is not responsible for any defective products or imperfect resources purchased on behalf of the Clients or provided by vendors that may negatively impact or affect the Wedding/Event or cause any type of injury or damage, and the Clients waive any right to pursue any claim, demand, or cause of action against the Consultant for such injury or damage. The Consultant is not responsible for any vendor’s performance, or lack thereof, and the Clients expressly agree to waive any claims, demands, or causes of action against the Consultant with respect to the goods or services of any vendor, venue, or other third-party recommendations made by the Consultant.
  • The Consultant is not responsible for any items lost, stolen, or damaged during the Wedding/Event, including but not limited to: personal property of the Clients or any Wedding/Event guests; gifts; cards; envelopes; décor or property of vendors. The Clients agree to hold the Consultant harmless and defend the Consultant for any such loss.
  • The Clients acknowledge and agree that these limitations reflect a fair allocation of risk and that the Consultant would not enter into this Agreement without these limitations on its liability

31. CANCELLATION OF WEDDING/EVENT; CLIENTS’ CHANGE OF HEART REGARDING THE CONSULTANT’S SERVICES: In the unfortunate event that the Clients decide to cancel or call off the Wedding/Event for any reason, or should the Clients have a change of heart for any reason with respect to using the Consultant’s services, any monies paid are non-refundable regardless if all services were able to be performed or not plus official notice of termination of this Agreement due to the cancellation of the Wedding/Event or change of heart must be given to the Consultant in writing, and the following terms shall apply:

  • The Consultant shall be entitled to retain the non-refundable, non-transferable Retainer Fee identified in this Agreement and any other monies already paid, regardless of when such notice is given to Blue Phoenix Events, as well as any subsequent payments made by the Clients prior to the Consultant’s receipt of such notice of termination. No refunds will be given on any amount already paid whether or not all services were able to be performed or not.
  • If the notice of termination is received by the Consultant less than ninety (90) days prior but more than thirty (30) days to the Wedding/Event Date, the Clients shall be responsible for seventy-five percent (75%) of the remaining balance of the full Fee, due to the Consultant within five (5) business days of the Consultant’s receipt of the written notice of termination. The client will also reimburse the consultant for any travel fees or product/inventory that is non-refundable to the consultant.
  • If the notice of termination is received by the Consultant less than thirty (30) days prior to the Wedding/Event date, the Client shall be responsible for one hundred percent (100%) of the remaining balance of the Fee, due to the Consultant within five (5) business days of the Consultant’s receipt of such notice of termination. The client will also reimburse the consultant for any travel fees or product/inventory that is non-refundable to the consultant.
  • The termination fees stated herein represent a reasonable estimate of the loss suffered by the Consultant in the event of a termination of this Agreement due to a cancellation of the Wedding/Event or change of heart with respect to the Consultant’s Services, as compensation for the decreasing likelihood of rebooking the Wedding/Event Date upon such late notice and for Services already rendered by the Consultant prior to the termination, and are not intended to be a penalty.

32. WEDDING/EVENT DATE CHANGES/POSTPONEMENT: If the Clients decide, for any reason, to postpone or change the date of the Wedding/Event, official notice must be given to the Consultant in writing, and the following terms shall apply:

  • In order for the Consultant to consider applying the Retainer Fee and any subsequent payments toward an alternate date, the Clients must select and notify the Consultant of a new Wedding/Event Date within thirty (30) days of the Consultant’s receipt of the written notice from the Clients of the postponement/change of Wedding/Event Date, and the new Wedding/Event Date agreed upon by both Parties must be within three hundred sixty-five (365) days from the original Wedding/Event Date.
  • If the Consultant chooses to accommodate the new Wedding/Event Date, a five-hundred-dollar ($500.00) rescheduling/re-planning fee will be immediately due to the Consultant in order to amend this Agreement to include the new Wedding/Event Date.  The client may not “downgrade” their original package but may apply the original fee to “upgrade” any package at any time based on the price of the new package at the time of the upgrade and may apply any monies already paid towards the original packages.  In all cases of wedding/event date changes or postponements, a new contract/agreement will be executed.
  • ***Change fees will be waived in the event of delays due to government recommendations regarding COVID-19 or any other pandemic occurring at the time of client desiring to postpone/change their event dates.
  • If the Clients fail to select a new Wedding/Event Date within the 30-day period following notice of the postponement/change of Wedding/Event Date, or if the Consultant is unable to accommodate the new Wedding/Event Date selected by the Clients, this Agreement shall terminate and the Consultant shall be entitled to retain the non-refundable, non-transferable Retainer Fee and any subsequent monies already paid as identified in this Agreement regardless of when the written notice was received by Blue Phoenix Events, as well as any subsequent payments made by the Clients prior to the Consultant’s receipt of the notice of postponement/change of Wedding/Event Date.
  • The termination fees stated herein represent a reasonable estimate of the loss suffered by the Consultant in the event of a termination of this Agreement, as compensation for the reservation of the Clients’ original Wedding/Event Date and for Services as set forth in ADDENDUM A of this Agreement herein already rendered by the Consultant prior to the termination, and are not intended to be a penalty.

33. CONTROLLING LAW; JURISDICTION: The validity, construction, and enforceability of this Agreement shall be governed in all respects by the laws of the State of FLORIDA, and the Clients and the Consultant expressly agree that any dispute requiring resolution by a court shall be subject to the exclusive venue and jurisdiction of the state and federal courts located in PALM BEACH County, FL.

34. DISPUTE RESOLUTION: Any dispute or claim arising under or in any way related to this Agreement, with the exception of recovery by the Consultant of any unpaid Fees or unreimbursed expenses from the Clients (which may be recovered by the Consultant via collections, small claims court action, or any other legal remedy available to the Consultant), shall be submitted to a mediator prior to the commencement of arbitration or any other proceeding before a trier of fact. The Parties to the dispute or claim agree to act in good faith to participate in mediation and to identify a mutually acceptable mediator in Anoka County, MN.

  • All parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by all parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the Parties reflecting the same, and the Parties may then proceed to seek an alternative form of resolution of the dispute or claim, in accordance with the remaining terms of this Agreement and other rights and remedies afforded to them by law.
  • Following unsuccessful resolution through mediation, any dispute or claim arising under or in any way related to this Agreement, with the exception of the recovery by the Consultant of any unpaid Fees or unreimbursed expenses from the Clients and any disputes within small claims court jurisdiction, shall be submitted to binding arbitration. The arbitration shall take place in Isanti County, MN.
  • The arbitrator’s decision shall be binding on the Parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
  • The prevailing party in any arbitration, trial, or other proceedings shall be awarded all filing fees, related administrative costs, and reasonable attorneys’ fees. Administrative and other costs of enforcing an arbitration award or judgment, including the costs of subpoenas, depositions, transcripts, witness fees, payment of reasonable attorneys’ fees, and similar costs, will be awarded to the prevailing party.

35. MISCELLANEOUS: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and which collectively shall constitute one Agreement. The use of fax, email, and electronic signatures shall have the same force and effect as an original signature. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. All notices shall be in writing and shall be sent to the address stated at the beginning of this Agreement, certified mail, return receipt requested, contemporaneously along with an email message to the appropriate party.  This Agreement may not be modified or altered except by a written instrument executed by both Parties. The failure to either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any rights. This Agreement, together with all the schedules attached hereto, constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes and merges all prior proposals, understandings, and all other Agreements, whether oral or written, between the parties relating to such subject matter. Time is of the essence with respect to all obligations/deliveries/payments under this Agreement.

  • This agreement or any attachments constitute the entire agreement between the parties and may not be modified except in writing signed by both parties or by the acknowledgment of e-mail received by both parties.  No other representations or promises have been made except those that are set out in this agreement. If any part of this agreement is adjudged invalid, illegal, or unenforceable, the remaining parts shall not be affected and remain in full force and effect.