This Agreement is between A Southern Touch ("AST"), , and the client identified above ("Client"). AST and Client may each be called a "Party" and together the "Parties."

Client acknowledgment. Client has had the opportunity to read the entire Agreement, ask questions, and seek independent legal or financial advice before signing.

 

 

 

 

 

Services Offered

Event planning and coordinating services, including licensed or permitted services only where applicable and only through properly licensed or permitted providers

• Event consulting services

• Décor coordination services

• Balloon art

• Event, business, and personal stationery and documents

• Full catering and dish services, subject to applicable food-service licensing and venue requirements

• Vendor selection and referral services

• Baking services and sweet treats

• Custom gifts, including wedding-party gifts, party favors, and candy items

• Custom event items, including balloons, napkins, party cups, vinyl signage, and floor-standing foam photo posters

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 If you do not see what you need, just ask!

 

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Scope, Quote, and Booking

Written scope controls. The specific services, quantities, dates, locations, staffing, deliverables, rental items, vendor responsibilities, and prices will be listed in the accepted Quote/Invoice. AST is responsible only for work expressly included in that written scope.

Quote validity: Unless the quote states otherwise, a quote remains valid for ten (10) calendar days from the date issued. A requested amendment may require a revised quote and may change availability, pricing, deadlines, and delivery terms.

Date reservation: An inquiry, consultation, unsigned quote, or verbal approval does not reserve an event date. The date and services are secured only after AST receives: (a) the signed Agreement; (b) the accepted Quote/Invoice; and (c) the required cleared booking retainer.

Booking retainer: The booking retainer is nonrefundable to the extent permitted by law because AST reserves capacity, declines other work, and begins administrative and planning services when it is received. The retainer is applied to the total contract price.

Order of control: A later signed Change Order controls over an earlier document for the specific item changed. Otherwise, the Quote/Invoice controls the scope and price, and this Agreement controls the general terms.

 

Consulting and Coordinating Services

Event-specific communication and included service time will be described in the Quote/Invoice. Authorized consulting or coordinating time outside an included package is billed at $0.50 per minute, unless the Quote/Invoice states another rate.

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Consulting services:
Expert advice and strategic recommendations intended to address an identified event or business need.

Coordinating services:
Organizing people, schedules, vendors, details, and communications to support smooth execution and collaboration.
 

No guarantee of subjective result. AST will provide services with reasonable professional care but cannot guarantee guest or vendor attendance, weather, vendor performance, a particular emotional reaction, or a purely subjective result not stated in the accepted scope.

 

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Payment Schedule

All services must be paid in full before they are rendered, produced, delivered, installed, or served. The Quote/Invoice may require an earlier or different schedule; if so, the written Quote/Invoice controls.

Time Booked Before Event              Due at Booking                                   Balance Due
90 days or more                        30% at booking                           30 days before
31-89 days                                75% at booking                          15 days before
30 days or less                          100% of total                              Due at Booking

 

 

 

Catering, Sweet Treats, and Custom Production

Food, sweet-treat, stationery, gift, signage, balloon, and other custom-production orders will not enter purchasing or production until the required payment has cleared and all required proofs, quantities, flavors, colors, wording, and delivery details have been approved. Full payment must clear before performance or release of goods.

Group and organization invoices: All group or organization invoices must be paid in full at least sixty (60) calendar days before the event. If booked within sixty (60) days, 100% is due at booking. If payment is not received, the invoice may be closed and services will not be rendered.

No work after Deadline: If the full balance is not received by the invoice due date, AST may suspend work, release the date, administratively close the invoice, decline delivery, and apply the cancellation terms below.

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Charges, Fees, Taxes, and Changes

Itemized invoice. The Quote/Invoice will identify the services, base charges, service fee, taxes, payment credits, and balance due.

 

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SERVICE FEE DISCLOSURE

 

Unless the accepted Quote/Invoice states otherwise, AST charges a service fee equal to seventy-five percent (75%) of the base service subtotal. The service fee is part of AST's price and is not a gratuity. Applicable sales tax and discretionary surtax are added only to items and charges that are taxable under Florida law.
 

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Tax-exempt clients: A Client claiming exemption must provide a current, valid Florida Consumer's Certificate of Exemption before the payment is processed. AST will apply an exemption only as permitted by law and only to qualifying purchases.

Change Orders: Any addition, reduction, substitution, date change, venue change, headcount change, rush request, or other scope change must be approved in a written Change Order or revised invoice. AST is not required to begin changed work until the additional payment clears.

Rush, travel, parking, toll, access, delivery, setup, breakdown, disposal, permit, venue, and third-party charges may be added when disclosed in the Quote/Invoice or approved Change Order.

 

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Payment Methods and Collection

Cash App: $ASOUTHERNTOUCHJAX. A $5 administrative payment fee may apply when disclosed before payment and permitted by law and platform rules.

Zelle: Glenda McNair or astjax@gmail.com.

Cashier's check or money order payable to Glenda McNair. Payment must fully clear by the invoice due date. NOTE: Return payment fee  up to 100% of payment amount may be applied in addition to any bank related fees.

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 Any other payment method must be approved by AST in writing before it is used.

Cleared funds: A payment is received only when it is finally settled and available to AST without restriction. Client is responsible for initiating payment early enough to meet the due date.

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Late fee: For consulting or coordinating services, AST may assess a one-time late fee equal to four percent (4%) of the overdue amount beginning twenty-four (24) hours after the due date. The late fee will not compound and will not exceed the maximum amount permitted by law. AST may stop active services until all overdue amounts are paid.

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Returned or dishonored payment: Client must pay the unpaid amount, AST's actual bank charges, and the service charge allowed by section 68.065, Florida Statutes, as amended. AST will provide any notice required by law before seeking statutory damages or collection remedies.

Payment disputes and chargebacks.:Client must promptly notify AST in writing of a good-faith billing dispute and identify the specific amount and reason. An unauthorized or unsuccessful chargeback does not cancel the Client's payment obligation. Nothing here waives a Client's lawful rights with a payment provider or under consumer-protection law.

Collection: AST may pursue lawful collection remedies for unpaid amounts. In an action arising from this Agreement, the prevailing Party may recover reasonable attorney fees and taxable costs to the extent permitted by law.

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Client Responsibilities and Approvals

Provide complete, accurate, and timely event information, contact details, venue rules, access times, loading instructions, headcounts, allergies, and special needs.

Name one authorized decision-maker and ensure that person is reasonably available for approvals before and during the event.

Obtain venue permission, permits, licenses, insurance, power, water, parking, security, and access that the Quote/Invoice assigns to Client.

Provide a safe work area and disclose stairs, uneven terrain, restricted access, pets, hazardous conditions, or other conditions that could affect performance.

Review all spelling, dates, colors, layouts, quantities, and proofs. Written approval authorizes production; AST is not responsible for an error visible in an approved proof.

Ensure Client, guests, and Client-retained vendors comply with law, venue rules, safety instructions, and reasonable directions from AST.

Delays caused by Client. AST is not responsible for delay, reduced scope, or additional cost caused by late information, late access, unavailable decision-makers, unapproved proofs, venue restrictions, or acts of Client's guests or vendors. Resulting additional work may be billed through a Change Order.

 

 

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Food, Allergy, and Catering Terms

Licensed provider:  The Quote/Invoice will identify whether food is prepared by AST or by an independent caterer. Any public food-service activity requiring a Florida license or permit will be performed only by the appropriately licensed or permitted provider.

Allergies and dietary restrictions: Client must provide all allergy and dietary information in writing by the deadline on the invoice. AST will communicate disclosed information and use reasonable care, but cannot guarantee an allergen-free environment where shared kitchens, equipment, suppliers, venues, or third-party caterers are involved.

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Final guest guarantee: The guaranteed headcount and menu become final on the deadline stated in the Quote/Invoice. Later increases depend on availability and additional payment. Reductions after the deadline do not reduce the price unless AST agrees in writing.

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Food safety and leftovers: AST may refuse to serve food that appears unsafe, has been mishandled, or has remained outside safe holding conditions. Once food is released to Client or the venue, Client assumes responsibility for proper storage, handling, and consumption of leftovers, except to the extent a loss was caused by AST's negligence or violation of law.

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Alcohol: AST does not sell, furnish, or serve alcohol unless expressly stated in the Quote/Invoice and legally permitted. Otherwise, Client is solely responsible for a properly licensed alcohol provider, age verification, responsible service, and guest conduct.

 

Custom Goods, Décor, Balloons, and Documents

Custom work. Handmade, printed, baked, floral, décor, and balloon items may have reasonable variations in color, texture, size, placement, or finish. Computer and phone displays may not reproduce physical colors exactly.

Client-supplied content: Client represents that Client has permission to use every name, image, logo, song, design, photograph, trademark, or other material supplied to AST. Client is responsible for claims arising from material Client supplied or directed AST to use.

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Stationery and documents: AST may provide formatting, design, drafting, and administrative document services. Unless expressly stated otherwise, AST is not acting as a lawyer, accountant, tax adviser, engineer, or other licensed professional, and does not provide professional advice through those services.

 

Balloon & safety: Balloons and small decorative parts may create choking, suffocation, latex-allergy, or entanglement risks. Client must supervise children and pets and follow all venue and disposal requirements.

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Independent Vendors and Vendor Service Release

Independent vendors: Venues, photographers, DJs, rental companies, caterers, florists, entertainers, transportation providers, and other third parties are independent businesses unless the Quote/Invoice expressly identifies them as AST employees. A referral does not create a partnership, employment relationship, or guarantee.

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Direct contracts:  When Client contracts with or pays a vendor directly, the vendor's agreement is between Client and that vendor. Client is responsible for reviewing the vendor's terms, insurance, licensing, performance obligations, and refund policy.

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Limited vendor release: To the fullest extent permitted by Florida law, Client releases AST and its owners, staff, and agents from claims arising solely from the acts, omissions, breach, delay, cancellation, insolvency, or misconduct of an independent vendor that AST does not control. This release does not apply to AST's own negligence, breach of this Agreement, gross negligence, willful misconduct, fraud, or any liability that cannot lawfully be waived.

 

Vendor assistance: AST may assist with communication or replacement options as a courtesy, but is not required to fund, refund, or assume an independent vendor's obligation unless AST expressly accepted that obligation in writing.

 

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IMPORTANT RELEASE NOTICE

By signing, Client acknowledges that this vendor release affects legal rights. It does not require Client to withdraw every complaint or release a vendor from that vendor's own duties; it limits claims against AST for conduct solely attributable to an independent vendor.
 

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Cancellation, Postponement, and Termination

Client cancellation. Client must cancel in writing by email to astjax@gmail.com with the subject line "Cancellation." Cancellation is effective when AST confirms receipt in writing. The booking retainer remains nonrefundable to the extent permitted by law.

Because AST reserves dates, turns away other work, commits labor and vendors, and performs planning that is difficult to value precisely at booking, the Parties agree that the following cancellation charges are a reasonable estimate of AST's anticipated loss and are intended as liquidated damages, not a penalty.

 

 Written cancellation received                                               Cancellation amount        
9-8 months before event                                                                 15% of total contract price

 8 months through 91 days before                                               30% of total contract price
90-31 days before event                                                                70% of total contract price
30 days or less before event                                                        100% of total contract price
 

Amounts already paid are credited against the applicable cancellation amount. Client also owes approved third-party commitments, event purchases, customized items, and completed work only to the extent those amounts are not already included in the scheduled charge; AST will not collect the same loss twice. If a court finds a scheduled amount unenforceable, AST may seek its actual lawful damages, subject to credit for amounts avoided or reasonably mitigated.

 

Postponemen: A postponement is treated as a cancellation unless AST agrees in a signed Change Order to transfer the booking. Any transfer is subject to AST's availability, revised pricing, vendor costs, seasonal rates, and a new payment schedule.

AST termination for cause: AST may suspend or terminate services for nonpayment, material breach, unlawful instructions, unsafe conditions, harassment, threats, undisclosed material facts, or Client's failure to provide required approvals or access. The Client cancellation schedule applies when termination results from Client's breach.

AST cancellation without Client breach. If AST cancels for a reason not caused by Client and no acceptable substitute or reschedule is agreed, AST will refund amounts paid for services not performed, less authorized third-party costs that are transferred to Client. This refund does not limit liability that cannot lawfully be limited.

 

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Force Majeure, Weather, and Safety

Neither Party is liable for delay or failure caused by circumstances beyond reasonable control, including hurricane, tropical storm, flood, fire, severe weather, epidemic, government order, utility or transportation interruption, venue closure, labor disruption, civil emergency, or serious illness or injury affecting essential personnel.

The affected Party must give prompt notice and use reasonable efforts to reduce the impact. The Parties will first attempt to reschedule within twelve (12) months, subject to AST and vendor availability. If performance cannot reasonably be rescheduled, AST will refund unearned amounts after deducting completed work and nonrecoverable third-party or custom costs.

Outdoor events. Client is responsible for an indoor or weather-safe backup plan unless the Quote/Invoice assigns that duty to AST. AST may pause, alter, or discontinue installation or service when weather, venue conditions, electrical conditions, crowd conduct, or another hazard creates a reasonable safety concern.

 

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Equipment and Rental Property

All AST or third-party equipment remains the owner's property. Client may not move, alter, sublease, remove, or permit unauthorized use of rental items. Client is responsible for loss, theft, misuse, or damage beyond ordinary wear while items are in Client's custody or control, except to the extent caused by AST or the equipment owner.

AST may issue an itemized repair or replacement invoice within fourteen (14) business days after the event. The balance is due upon receipt. Any known rental, delivery, pickup, damage-waiver, or security-deposit charge will be listed on the Quote/Invoice when reasonably ascertainable.

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Liability Allocation and Service Release

PLEASE READ CAREFULLY

This section allocates risk and limits certain remedies. It does not release AST from gross negligence, willful misconduct, fraud, violation of law, or any duty that Florida law does not permit a party to waive.
 

Client-controlled risks: Client accepts responsibility for the venue, guest conduct, Client-supplied property, Client-retained vendors, alcohol not provided by AST, undisclosed conditions, and instructions or approvals given by Client.

Excluded damages: To the fullest extent permitted by law, neither Party is liable to the other for special, incidental, indirect, exemplary, or consequential damages, including lost profits or loss of business opportunity, arising from this Agreement. This exclusion does not apply where such a limitation is prohibited by law.

Liability cap :To the fullest extent permitted by law, AST's total aggregate liability arising from the affected services will not exceed the amount Client actually paid AST for those affected services. The cap does not apply to bodily injury or physical property damage caused by AST's negligence, or to AST's gross negligence, willful misconduct, fraud, or liability that cannot lawfully be limited.

Mutual responsibility: Each Party is responsible for third-party claims to the extent caused by that Party's negligence, willful misconduct, breach of this Agreement, or violation of law. Client is also responsible for claims arising from content, instructions, or property supplied by Client, except to the extent AST independently caused the claim.

Prompt notice: A Party seeking protection under this section must promptly notify the other of a third-party claim and reasonably cooperate in the defense. No settlement may impose an admission, payment, or nonmonetary duty on the other Party without that Party's written consent.

 

Disputes and Florida Law

Good-faith resolution: Before filing a lawsuit, a Party must give written notice describing the dispute and requested resolution. The Parties will make a good-faith effort to resolve the matter for at least ten (10) business days. This requirement does not prevent a Party from seeking emergency relief, preserving a legal deadline, using small-claims court, or pursuing a dishonored-payment remedy.

Mediation. If the dispute is not resolved, either Party may request nonbinding mediation in Duval County, Florida. The Parties will share the mediator's fee equally unless they agree otherwise.

Governing law and venue: Florida law governs this Agreement without regard to conflict-of-law rules. Any court proceeding must be brought in a court of competent jurisdiction in Duval County, Florida, unless applicable law requires another venue.

Attorney fees: In a legal action arising from this Agreement, the prevailing Party may recover reasonable attorney fees and taxable costs to the extent permitted by law, including any reciprocal right provided by section 57.105(7), Florida Statutes.

 

General Contract Terms

Entire agreement:  This Agreement, the accepted Quote/Invoice, event details, and signed Change Orders contain the entire agreement and replace prior discussions or messages about the same services.

Amendments: No amendment is binding unless it is in writing and accepted by both Parties. Email approval may qualify when the sender and terms are reasonably identifiable.

Electronic records and signatures:  The Parties consent to transact electronically. Electronic signatures and counterparts may be used and will have the same effect as originals to the extent allowed by Florida law.

Notices: Operational notices may be sent to the contact information on the Quote/Invoice. Formal cancellation or dispute notices to AST must be sent to astjax@gmail.com. Client must keep contact information current.

Independent contractor: AST is an independent contractor and is not Client's employee, partner, fiduciary, or legal representative. AST may use qualified employees and subcontractors to perform the accepted scope.

Assignment: Client may not transfer this Agreement or the reserved event date without AST's written consent. AST may assign payment rights or use subcontractors without relieving AST of obligations it expressly accepted.

Severability and Reformation. If a provision is unlawful or unenforceable, it will be enforced to the maximum lawful extent or narrowly reformed, and the remaining provisions will continue in effect.

No waiver:  Delay or Failure to enforce a provision is not a waiver. A waiver applies only to the specific instance stated in writing.

No third-party beneficiaries: Except for persons expressly protected by a release or indemnity, this Agreement creates rights only for AST and Client.