contract terms & conditions

CONTRACTUAL ITEMS

INDEMNIFICATION: Client agrees to indemnify, defend, and hold harmless OCD Organizer and its officers, employees, agents and licensees from and against any and all claims, actions, damages, liabilities and expenses, arising out of the breach of any obligation, warranty, or representation of Client in this Agreement. This provision is not intended to conflict with any other indemnification in this Agreement, which shall be valid and binding. 

 

TERMINATION: Either Party may terminate this Agreement with or without cause by giving thirty (30) days written notice to the other of such termination. In the event that the Services are postponed or terminated at the request of the Client, OCD Organizer shall have the right to bill pro rata for work completed through the conclusion of the thirty (30) day notice, while reserving all rights under this Agreement. If additional payment is due, it shall be payable within fifteen (15) days of termination. Client shall also pay any expenses incurred by OCD Organizer and OCD Organizer shall own all rights to the Services. Client shall assume responsibility for all legal fees necessitated by default in payment. 

FORCE MAJEURE  :No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities.

FAILURE TO PERFORM SERVICES: In the event OCD Organizer  cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

  1. Immediately give Notice to Client via email: and

  2. Attempt to find another competent professional to take its place with the mutual agreement of Client(s);

  3. If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; and

  4. Excuse Client(s) of any further performance and/or payment obligations in this Agreement.


Appropriate Conduct/ Safe Working Environment:

Health & Safety: Client(s) further understand that [Provider] complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the [event/wedding/session] Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the [Provider] to do anything illegal or unsafe. Further, [Provider] will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, [Provider] reserves the right to end service coverage immediately and/or leave the [event/wedding/session]. [Provider] shall be entitled to retain all monies paid and Client(s) agree to relieve and hold [Provider] harmless as a result of incomplete event coverage, or for a lapse in the quality of the [Provider’s] work.

 

Extreme conditions: OCD Organizer will make every possible effort to provide service and all items purchased for your project in a timely manner. However, OCD Organizer shall not be liable for delay or the inability to deliver due to severe weather, traffic accident, road closures, landslides, floods, or other acts of nature or war.

 

Incapacitation: In the event of the incapacitation of the head designer for your project or the contracted project, a suitable replacement will be secured. If a replacement cannot be secured in time for the project, a refund of monies paid will be issued. (See "Refunds" section of contract for specifics.)

 

Counterparts: Parties to the contract may sign on different copies or through different methods of transmission for a unified contract.

 

Liability: OCD Organizer will at no time be liable for more than the amount the client has paid for the project contract. In the event of re, natural disaster, tragedy, or other emergencies, liability is limited to refund of monies paid.

 

Responsibility: OCD Organizer responsibiliy for the care, maintenance, quality, and/or longevity of all supplies ends with the acceptance of possession and signature for possession by the client or their representative.

 

Arbitration: Any dispute or difference arising out of or in connection with this contract shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators. Unpaid fees by the client shall be exempt from arbitration and settled via Small Claims Court or other appropriate means.