Contractual Payment Obligations Explained
Summary
If you pull out of the show, the contract states there will be No refunds, meaning you are still obligated to pay the remaining balance. Failure to pay could result in LVSW taking legal action, including sending demand letters, arbitration, or filing a lawsuit. Consult a legal professional for personalized advice.Full Conversation
i want to know if im obligated to pay the amount requested on contract if i pull out of the show. This “Contractual Agreement” is entered on */*/* in Las Vegas, Nevada, by and between Las Vegas Swim Week (“LVSW”) and **** Makiao Lee (collectively referred to as the “Parties”).
Whereas, LVSW will produce a fashion show featuring live models wearing swimsuits and summer accessories during Swim Week –Season *, * at a venue located in Las Vegas, Nevada (the “Fashion Event”).
Whereas, parties wishes to participate in Season *, of Las Vegas Swim Week by means of purchase of the Platinum Designer Package. Staff stylists and models for the Fashion Event are inclusive. In exchange, LVSW will provide parties marketing, advertising and promotion on social media, the LVSW website, print (if applicable) and digital media, and at the Fashion Event.
In consideration of the mutual covenants of the parties and other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows:
*. Hair styling services. Make-up services, models, racks and hangers.
*. Non-Transferable Services. Las Vegas Swim Week and its employees or independent
contractors will provide services at the Fashion Event August * and may not assign this Agreement to any other events or days.
*. Pre-Project Consultation. Las Vegas will provide parties a *-minute pre-service consultation. The Parties shall agree on a mutually acceptable date and time for such pre-service consultation which may be conducted via phone, video chat or in-person.
*. Monetary cost to LVSW. Parties agrees to pay $*,*.* for the “Silver Designer Package” with a $*.* deposit. Remaining balance is to be paid no later than 60 days prior to event date. Payment installments will be accepted in increments of no less than $*.* at any given time within the time frame allowed. There will be No refunds. Designer will receive all services or items that are included within the chosen package. Any additional items or services are subject to a fee or cost. There is a one time registration fee of $*.*. A processing fee of *.* per transaction for payment plan payments. This fee is waived if paid in full. We accept After Payment.
*. Branded Collateral: Las Vegas Swim Week will provide parties with a copy/ and or links of marketing material such as newsletter write up, blog write up about parties. Las Vegas Swim Week will provide high resolution images and video, along with appropriate photo credit as necessary (the “Branded Collateral”). LVSW and omay only use the Branded Collateral subject to the terms and conditions of this Agreement.
*. Social Media Posts by LVSW.
a. LVSW will tag parties in its promotional posts on its Instagram feed and story during the weeks leading up to, during and after the Fashion Event.
b. Parties will include the hashtag #lvsw #season7 #lasvegasswimweek and any other mutually agreed upon hashtags on its Instagram Feed and Story during the weeks leading up to, during and after the Fashion Event.
c. LVSW will include parties name and logo on LVSW website www.lasvegasswimweek.com and print and digital marketing and advertising as a feature designer and brand during our Fashion Event. Parties may not use LVSW
*
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logo without written approval.
d. “Parties“will refrain from using offensive or disparaging language or images in any of its posts.
*. Permission to Repost and Share. “Parties” hereby grants permission to repost and share any images, photos, posts, videos, statuses in connection with or relating to the Fashion Event on social media accounts, pages or profiles as long as attribution is given to both “Parties, in addition photographers, make- up, and hairstylists, and models. Designer gives permission for models, staff, photographer and venue to publish, repost and or share images and video related to the fashion event.
*. Respect Intellectual Property. All content which is tagged with or mentions Las Vegas Swim Week or parties must be each “Parties” original work, or it must have lawfully retained all rights to use it. LVSW must not post or share any content that violates or infringes the intellectual property rights of any third party. If LVSW is unsure about a work, particularly in instances where a work includes a third-party’s trademark/logo, or music, film or video clips or a celebrity’s name, photo or image, LVSW must not be tagged or mentioned.
*. Indemnification. Parties hereby indemnifies and holds Las Vegas Swim Week, and its agents, representatives, principals, employees, officers and directors, models, independent contractors and venue harmless for, from and against any loss, damage or expense, including reasonable attorneys’ fees and costs, incurred or suffered by or threatened against Las Vegas Swim Week, or any of the foregoing, in connection with or as a result of the alleged unauthorized use or infringement or violation of any intellectual property right, including, without limitation, trademark, copyright, right of privacy and right of publicity, of any person or entity (collectively “Rights”) arising out of or related to the LVSW’s print or digital content, posts, images or videos relating to the Fashion Event.
*. Clearances, Licenses and Waivers. LVSW represents and warrants that it will obtain, and be fully liable for obtaining, any and all applicable waivers, model release forms or the like for any third-party intellectual property and rights of publicity in connection with its print and digital content, posts, images or videos relating to the Fashion Event.
*. Arbitration. The parties agree to submit any dispute arising out of or in connection with this Agreement to binding arbitration in Las Vegas, Nevada. The parties agree that such arbitration will be in lieu of either party’s right to assert any claim, demand or suit in any court action. Any arbitration shall be final and binding and the arbitrator’s order will be enforceable in any court of competent jurisdiction.
*. Governing Law and Venue. The validity, construction and performance of this Agreement shall be governed by the laws of the State of Nevada.
*. Entire Agreement. This Agreement contains the entire understanding and agreement of the parties with respect to the subject matter contained herein, supersedes all prior oral or written understandings and agreements relating thereto, except as expressly otherwise provided, and may not be altered, modified or waived in whole or in part, except in writing, signed by both parties hereto.
*. Nature of Contract. The parties are separate and independent individuals or legal entities. Nothing contained in this Agreement shall be deemed to constitute LVSW or Top Knot Swim partner,
*
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joint venture or employee of the other party for any purpose. Neither party has the authority to bind the other or incur any liability on behalf of the other, nor direct the employees of the other.
*. Construction. The terms and conditions of this Agreement shall be construed as a whole according to its fair meaning, and not strictly for or against either party. The Parties acknowledge that each of them has reviewed this Agreement and has had the opportunity to have it reviewed by their attorneys, that neither party shall be considered to be the drafting party, and that any rule or construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement.
IN WITNESS THEREOF, this Agreement is executed as of the effective date set forth above. I hereby agree to the terms of this Agreement with the intent to be legally bound.
Signed: Inell Wilson Dated: */*/*
Name: Inell Wilson Title: Owner/ Event Coordinator
Address: * Eden Way North Suite M Chesapeake VA * Phone number: * *-*
Email: Info@lasvegasswimweek.com
*/*/*
Signed: _______________ Dated:_______________
Krissy **** Mokiao-Lee
Name: ____________________________________
Address: ___________________________________ Phone: _8_0_8_4_7_59_7_9_3____________________________ Email:_I_n_f_o_@_s_ol_i_d_i_f_h_i._c_o_m______________________
Aloha ****, from the contract you provided, it states that "there will be No refunds" under clause *. Given this statement, it seems you would still be obligated to pay the remaining balance if you pull out of the show. But, it is advisable to consult with a legal professional to understand all your options and potential consequences.
what will happen if i do not pay
If you don't pay as per the contract, LVSW could potentially take legal action against you. This may include:
- Sending demand letters for payment
- Taking the matter to arbitration as per clause * of your agreement
- If arbitration doesn't resolve the issue, they could file a lawsuit against you
Please consult a legal professional to understand the full implications based on your specific circumstances.
- Sending demand letters for payment
- Taking the matter to arbitration as per clause * of your agreement
- If arbitration doesn't resolve the issue, they could file a lawsuit against you
Please consult a legal professional to understand the full implications based on your specific circumstances.