Event management agreement

EVENT ORGANISATION AGREEMENT

This contract for work (hereinafter the "Agreement") has been entered into in [City where the contract is signed] on [Contract date] between the following parties:

1. PARTIES

1.1 Customer:
[Customer's name/company]
Registry code / personal identification code: [Customer's registry code / personal identification code]
Contact: [Customer's contact]
Representative: [Customer's representative]
(hereinafter the "Customer")

1.2 Organiser:
[Organiser's name/company]
Registry code: [Organiser's registry code]
Contact: [Organiser's contact]
Bank account (IBAN): [Organiser's bank account (IBAN)]
Representative: [Organiser's representative]
(hereinafter the "Organiser")

2. DESCRIPTION OF THE EVENT

2.1 Name of the event: [Name of the event]. Type: [Type of event].

2.2 Date: [Date of the event]. Backup date: [Backup date (if relevant)]. Start: [Start time]. End: [End time].

2.3 Venue: [Name of the venue], [Address of the venue]. Expected number of guests: [Expected number of guests].

2.4 The Organiser undertakes to organise the event on the terms agreed in the Agreement and the Customer undertakes to pay the agreed fee for it (Law of Obligations Act (VÕS) § 635 (1)). A contact person may coordinate the details of the event, but clause 6 applies to changes to the budget and the terms of the Agreement.

3. SERVICES OF THE ORGANISER AND OBLIGATIONS OF THE PARTIES

3.1 The Organiser provides the following services:
[Services]
The Organiser does not provide services that are not listed.

3.2 The setting up and, after the end of the event, the removal of the Organiser's equipment take place at the times agreed with the possessor of the venue. Access for setting up: [Access for setting up].

3.3 The Organiser performs the Agreement with the necessary diligence and in accordance with recognised practices in event organisation. Before the event, the Organiser familiarises itself with the venue and notifies the Customer without delay of circumstances that may prevent the proper holding of the event or endanger the participants.

3.4 The Customer provides the Organiser in good time with the necessary information and materials (e.g. guest data, brand materials) and confirms the final programme of the event and the key suppliers within a reasonable time set by the Organiser. If the Customer is in delay with the cooperation it is obliged to provide, the Organiser may claim compensation for damage caused by the delay (VÕS § 652 (1)) and the Organiser's deadlines are extended by the period of the delay.

3.5 A public event is organised and held in compliance with the requirements for organising and holding events established by a regulation of the council of the local government of the venue (§ 59 (1) of the Law Enforcement Act) and on the basis of the necessary permits. Applying for permits and licences is the Customer's task, unless it is listed in clause 3.1 as a service of the Organiser. The Organiser ensures that the caterer it engages complies with food safety requirements.

3.6 In providing its services, the Organiser complies with safety, fire safety and public order requirements and with the orders of officials of the Police and Border Guard Board and the Rescue Board. If continuing the event endangers the life or health of the participants, the Organiser may interrupt the event or a part of it; this is not a breach of contract by the Organiser if the danger was not caused by the Organiser.

4. BUDGET AND PAYMENT

4.1 Total budget: [Total budget (€)] euros. VAT treatment: [VAT]. Payment schedule: [Payment schedule].

4.2 Procedure for exceeding the budget: [Procedure for exceeding the budget]. Additional costs not approved in writing are borne by the Organiser.

4.3 The total budget is binding on the Organiser (VÕS § 639 (1)), except to the extent provided in clause 4.2 and in respect of the fee for additional guests under clause 5.1 and changes agreed in advance with the Customer.

4.4 The Customer pays the Organiser's invoices in accordance with the payment schedule within the term stated on the invoice. To the extent not agreed in the payment schedule, the fee becomes collectible when the event takes place (VÕS § 637 (3)). In the event of delay in payment of the fee, the Organiser may claim late interest at the statutory rate (VÕS § 113 (1)).

5. FINAL NUMBER OF GUESTS

5.1 The Customer must confirm the final number of guests no later than [Deadline for the final number of guests (days before the event)] days before the event. If the actual number of guests is greater than confirmed, the Customer pays for the additional guests at a rate of [Rate per additional guest (€)] euros per additional guest; if no rate for additional guests has been agreed, the Parties agree on it before the additional guests are served. If the number is smaller, the agreed budget remains payable.

5.2 The number of guests may not exceed the permitted capacity of the venue.

6. CHANGES

6.1 All changes to the scope or budget must be agreed in writing before they are implemented. Deadline for final changes: [Deadline for final changes (days before the event)] days before the event — after this deadline, no further changes can be made.

6.2 If a change is requested, the Organiser informs the Customer of the effect of the change on the budget and schedule and implements the change after the Customer's confirmation. If an agreed supplier or part of a service becomes unavailable for a reason beyond the Organiser's control, the Organiser offers an equivalent replacement and informs the Customer without delay.

7. SUBCONTRACTORS

7.1 The Organiser has the right to engage subcontractors (e.g. caterers, technical companies, florists) and is liable for their work as for its own work. Approval of subcontractors: [Approval of subcontractors].

7.2 The Organiser ensures that its subcontractors hold the permits and registrations required for their activities and that they comply with the requirements referred to in clauses 3.5–3.6.

8. CANCELLATION AND FORCE MAJEURE

8.1 The cancellation terms are tiered. In the event of cancellation by the Customer, the Customer pays the Organiser the costs actually incurred and documented by the time of cancellation (including suppliers' cancellation costs) and a part of the Organiser's fee, but in total not more than: 30 or more days before the event — the amount of the deposit; 14–29 days before the event — 50% of the total budget; less than 14 days before the event or on the day of the event — 100% of the total budget. The total budget is the amount referred to in clause 4.1 and the amount payable does not exceed it in any tier. Amount of the deposit: [Deposit (€)] euros; it is deducted from the amount payable and any excess is returned.

8.2 In the event of cancellation by the Organiser, a full refund and possible compensation for damage apply.

8.3 In the event of force majeure (e.g. exceptional weather conditions that could not be foreseen, a pandemic, state restrictions, unavailability of the venue), the following applies: [Force majeure procedure].

8.4 Force majeure is a circumstance which a Party could not influence and, based on the principle of reasonableness, it could not be expected to take into account at the time of conclusion of the Agreement, or to avoid or overcome the consequence thereof (VÕS § 103). The revocation of the permit for the event or the prohibition of the event on grounds not arising from either Party is treated as force majeure. A Party notifies the other Party of force majeure circumstances immediately.

9. INTELLECTUAL PROPERTY AND PERSONAL DATA

9.1 The right to use photo/video materials of the event and the Customer's brand materials is agreed between the Parties. Use of materials in the Organiser's portfolio: [Use of materials in the Organiser's portfolio]. The Organiser uses the Customer's brand materials only for organising the event.

9.2 When recording in a public place for the purpose of disclosure, the person's consent is replaced by informing the person in a manner that enables them to understand the fact of recording and to avoid it if they so wish; there is no obligation to inform at public events where recording for the purpose of disclosure can reasonably be expected (§ 11 of the Personal Data Protection Act). At a private event, the Customer is responsible for informing the guests and, where necessary, obtaining their consent.

9.3 If the Organiser processes guests' personal data on behalf of the Customer, it acts as a processor (Article 28 of the General Data Protection Regulation (EU) 2016/679): it processes them only for organising the event and in accordance with the Customer's instructions, applies appropriate security measures and deletes or returns them after the end of the event, unless legislation requires their retention.

10. LIABILITY

10.1 The Organiser is liable for the quality of the services in accordance with this Agreement. The Organiser is not liable for the behaviour of guests or the weather, or for third parties whom the Organiser has not engaged for the performance of the Agreement (e.g. the non-appearance of a performer engaged by the Customer itself); the Organiser is liable for subcontractors it has engaged in accordance with clause 7.1.

10.2 Liability cap: [Liability cap] ([Custom cap (€)] euros). Organiser's liability insurance: [Does the Organiser have liability insurance?]. The existence of insurance neither limits nor extends the Organiser's liability.

10.3 The agreed limitation of liability does not apply to damage caused intentionally or through gross negligence or in the event of causing death or damage to health (VÕS § 42 (3) 1)); an agreement which excludes or limits liability for an intentional breach of an obligation is void (VÕS § 106 (2)). If the Customer is a consumer, the terms of the Agreement do not restrict the consumer's statutory rights, any derogation from which to the detriment of the consumer is void by law.

10.4 Damage caused by guests to the venue or its property is borne by the Customer, except for damage caused by the Organiser or its subcontractor. The Organiser is not liable for guests' personal belongings unless it has undertaken their safekeeping as a separate service or caused the damage.

10.5 A Party is liable for a breach of the Agreement unless the breach is excused (VÕS § 103). The injured Party has the right to claim compensation for direct patrimonial damage and loss of profit (VÕS § 128), subject to the cap agreed in clause 10.2.

11. CONFIDENTIALITY

11.1 The details of the event, the guest list and the Customer's internal business information are confidential. The obligation does not apply to information which the other Party has permitted to be disclosed or which must be disclosed by law, and survives the termination of the Agreement.

12. DISPUTE RESOLUTION

12.1 Disputes arising from this Agreement are resolved primarily by negotiation. If no agreement is reached, the dispute is resolved as follows: [Dispute resolution].

12.2 The Agreement is governed by the law of [Governing law].

13. TERMINATION OF THE AGREEMENT

13.1 The Agreement terminates upon performance of the Parties' obligations, including the final settlement after the event has taken place. The consequences of cancellation by the Customer are determined in accordance with clause 8.1.

13.2 Either Party may withdraw from the Agreement if the other Party has materially breached the Agreement (VÕS § 116). The Organiser may terminate the Agreement and claim the part of the fee corresponding to the work performed and compensation for expenses not included in the fee if the Customer is in delay with the cooperation it is obliged to provide and thereby materially breaches the Agreement (VÕS § 652 (2)).

14. NOTICES AND FINAL PROVISIONS

14.1 Notices related to the Agreement which have legal consequences are submitted in writing or in a format which can be reproduced in writing (including by e-mail) to the contact details specified in clause 1.

14.2 Amendments and supplements to the Agreement are made in writing or in a format which can be reproduced in writing. A Party may not transfer rights and obligations arising from the Agreement to a third party without the prior consent of the other Party.

14.3 If any provision of the Agreement is or becomes invalid, this does not affect the validity of the remaining provisions. The Agreement (together with its annexes) constitutes the entire agreement between the Parties and enters into force once both Parties have signed it.

15. LEGAL BASIS

15.1 This event organisation agreement is governed by §§ 635–657 of the Law of Obligations Act (contract for work). In addition, the general part of the Law of Obligations Act applies and, in the case of a public event, the local requirements for organising events established on the basis of § 59 of the Law Enforcement Act.