Flowerful Events Contract


Flowerful Events | Floral Design

TERMS AND CONDITIONS

Flowerful Events LLC appreciates the opportunity to serve you. PLEASE READ THE FOLLOWING “TERMS AND CONDITIONS” FULLY AND CAREFULLY PRIOR TO SIGNING THIS CONTRACT (HEREINAFTER REFERRED TO AS THE “CONTRACT”)

This Contract is made on this (hereinafter the “Effective Date”),and is executed by and between:

Flowerful Events (hereinafter referred to as “Company”) and the undersigned (hereinafter referred to as “Client”)

WHEREAS, Flowerful Events is engaged in the business of providing wedding flowers, and other special event related services, described in the Design Plan (herein referred to as “Design Plan”)

 
WHEREAS, the Clients wish to avail of such services from Flowerful Events on and during the months leading to the wedding date, in accordance with the terms and conditions of this Contract

NOW, THEREFORE, FOR ALL GOOD AND VALUABLE CONSIDERATION, Flowerful Events and the Client hereby agree as follows:

1. WEDDING

The date and location of the wedding, and all details are defined in the Design Plan.

2. EVENT GUIDELINES

    • The Company will provide Client with an honest estimate for services based on information provided by the Client. All quoted pricing is based specifically on Client’s and/or Company’s Inspirational Images. Clients will acknowledge that the Inspirational Images will serve as an inspiration for the flowers and décor for estimate purpose only and do not represent the final design (to be determined at the Flower Trial) to be provided by the Company at the Event. Client further will agree that upon signing the Contract, the Inspirational Images and Design Plan will be reviewed and approved.
    • The cost described in Design Plan will include a Design Fee, Consultation, One Site Inspection (if required), Flower Trial prior to the Event Date, and all Materials (flowers, vases/ vessels, candles, as well as any other elements discussed and agreed upon), Rentals, Pre-Labor, Delivery, and Set-up/ Breakdown by the Company on the Event Date. This Contract is valid if signed and received in the offices of the Company no later than 7 (seven) business days after the Client approves the Design Plan. After this date, prices and items indicated are subject to change. The Client is responsible for confirming all details of this contract no later than 7 (seven) business days prior to the event date. Any changes to the design plan within seven (7) business days to the event, may result in Contract amendment and additional cost.
    • Prices are subject to change, if quantities and/or varieties of flowers will be altered and/or services are added. Services may be added to this Contract at any time, provided there is reasonable notice depending on the type of service being added and there is sufficient time to complete the service. Once the changes and/or services have been added to the total, the Balance Due on this Contract will be adjusted accordingly.
    • Venue and Location Limitations and Permits: Client is responsible for acquiring all permits and necessary permission for all locations on which the Company will be performing services. The Company is limited by the rules and guidelines of the location(s) and site management. Negotiation with the officials for the moderation of guidelines is responsibility of the Client; Company will offer technical recommendations only. Reimbursements will not be made for unused items due to venue limitations not communicated to the Company.
    • All flower arrangements will be made no more than one to two (1-2) days before the Event date to ensure freshness and the long-lasting quality of the flowers.
    • If flowers are being delivered, a time will be set up for the Company to enter all venues on the day of the Event.
    • In the event that client will not be available during flower delivery, client will be responsible for having a designated person meet with the Company representative at the location of drop off. This is to ensure that all items are delivered and accounted for.
    • If there is any set up on the part of Company, it is client's and/or venue coordinator’s responsibility to inform what is acceptable, including but not limited to ceremony structure, candles, vases, etc. The person delivering the flowers will NOT be held accountable for any damages that may occur if there is not a designated person to sign for and accept delivery.
    • If flowers are being delivered, Company reserves the right to define a time of such deliveries (no other vendor request will be honored). While trying to accommodate Client’s request, Company is obligated to follow ceremony location and/or venue guidelines, as well as ensure freshness of flowers.
    • Client should contact Company in case of unexpected circumstances and changes related to the Event, and be aware that additional charges may occur
    • All possible efforts will be made to utilize the agreed colors/flowers/vessels (herein refer referred to as “Materials”); however, all Materials being perishable, are subject to availability.
    • If the Materials cannot be supplied for reasons beyond the Company control, including but not limited to hurricane, flood, or any other natural disaster, or if flowers shipped to the Company do not meet Company’s quality control standards, the Company reserves the right to substitute the Materials or part thereof for equal value and/or overall look (the integrity of the proposed color scheme will be maintained, and flowers of equivalent value will be used). Client agrees and accepts that the Materials will vary in terms of lifespan dependent upon season and environmental conditions, which are out of the Company control.
    • Limitation of Liability. In the unlikely case that the Company fails to provide the services hereunder due to reasons other than those listed in Force Majeure Paragraph herein, Client’s recovery and the Company’s liability is limited to the total amount paid from Client to the Company in accordance with the Design Plan and the Company will have no further liability to Client, regardless of the total amount of costs or damages claimed by Client.
    • Assumption of Risk. Client is responsible for and assumes the risk of injury to Client throughout the event. Client, their heirs, assigns and next of kin, agree to fully release the company and the company’s staff from any and all liability, claims and/or litigation or other actions that client may have for injuries, disability, or death or other damages of any kind, including but not limited to, direct, special, incidental, indirect, punitive or consequential damages.
    • The Company and the Clients shall maintain constant and immediate communication with each other in cases of last-minute changes, modifications on any matter relating to wedding décor related concerns.
    • Client advises Company of any allergy or sensitivity to the flowers provided by the Company and Client will not hold Company responsible for any possible reaction to sensitivities not discussed.
    • Company requests to be informed at least 4 (four) hours in advance if a rain plan is going to be put into effect. Know that some installations might not be able to be carried out if the rain plan is utilized.
    • Company reserves the right to terminate the services and leave the location of the Event(s) if Company experiences inappropriate, threatening, hostile or offensive behavior from person(s), unruly guests, vendor(s) at the Event(s); or if safety of Company is in question. Shall such incident occur, Company will notify the Client, try to find a solution to avoid a hazard situation. In any outcome Company will be entitled to keep the entirety of Company Service Fee without repercussions. 

3. TERMS OF PAYMENT

Unless expressly stated otherwise in the Design Plan, Client agrees to the following Payment Terms:

Company Service Fee (Design Plan Total): $  
 
Reservation Fees (Initial Deposit): $   Due
*The Deposit is due upon execution of this Contract

Second Deposit: $      Due

Remaining Balance: $   Due
*(Due on 7 Days before Wedding Date)
 
Reservation Fees (Initial Deposit):
Unless expressly stated otherwise in the Design Plan Estimate, Client agrees to pay an
Reservation Fees (Initial Deposit) specified in Design Plan Estimate Total within seven (7) business days of the receipt of the approved Design Plan Estimate required for Company to reserve and ensure availability of contracted date of Client’s event. No booking will be made until the required Deposit is received. 
 
In case of event cancellation by the Client, the Client will receive a full Store Credit (please see "Store Credit"), less non-refundable 10%  fee of  Design Plan Estimate Total (covering a design fee, consultation and other administrative expenses).
Second Deposit:
Sixty (60) days after initial deposit or thirty (30) days prior to the Event Date, whatever comes first, Client agrees to pay a Second Deposit specified in Design Plan Estimate Total. Client can select an option to combine Initial and Second Deposit in one payment.
 
Remaining Balance:
Seven (7) business days prior to the Event Date, Client agrees to pay Company the remaining balance payment of the final Design Plan Total. Please be advised that Final Design Plan Total will be adjusted according to all changes that might occur after the Flower Trial and/or other circumstances including, but not limited to, Date and Location changes, and Client request for Design Plan changes (increases or decreases in quantities) no later than 14 (fourteen) days before the event date.
  • If full payment of the Service Fee has not been received and cleared by or before remaining balance due date, Company will place a hold on all final orders of the Materials (herein referred to as the “Product Order Deadline”). Company will consider the Client to be in breach of Contract, and in no case will the Materials be ordered, nor will further services be performed by the Company.
     
  • If applicable, credits are non-refundable in cash or exchangeable for any goods or services except as noted in this Contract. Store credit only (see Store Credit).
  • Payments may be via cash delivery, wire transfer, certified check, personal check, Discover, Visa/Master Card and AMEX. (Amex is subject to a 4% surcharge), Quick Pay by Zelle and Venmo.
 
4. STORE CREDIT

 • Store Credit may be used for a future wedding or other event only. Store Credit must be used within a reasonable time period (max 3 years)
 • Store Credit may be applied only to goods and services provided directly by the Company.
 • Store Credit may not be transferred or assigned without prior written approval by the Client and the Company.
• Store Credit may not be used in conjunction with any discounts, promotions, or special offers. Store Credit is not refundable in cash or exchangeable for any goods or services except as noted in this Contract.

 
5. OWNERSHIP

All non-perishable Materials provided by Flowerful Events under this Contract are and shall remain the exclusive property of Flowerful Events, unless stated otherwise.

Client must return vases and any other rental items, unless supplied by Client, or confirm a time for Flowerful Events to pick up the items. A fee will incur for broken/unreturned vases or rental items at the cost of rental items.

Upon completion of the event, all flowers not collected by Client maybe collected by Company. Client releases all ownership of flowers unless communicated in written form before the beginning of the wedding. Company at its sole discretion may repurpose flowers in order to raise money and/or donate for non-profit charitable organizations

 
6. PHOTOGRAPHS RELEASE – Authorization to Use

Client has no problem (unless stated otherwise) with the use of any of the professional photo images taken on the Event day for advertising activities of the Company. Photos from the Client’s Event may be posted on the Company’s websites and Company’s social networks pages to promote its services.

  • Client grants the consent to the Company for business use of Event photographs taken by, provided to the Company to print or have printed re-productions of these images for display in their workplace and to potentially publish within the Company printed materials, without restriction.
  • Client grants the consent to Company for business use of Event photographs taken by, provided to, or sold to the Company and allow images to be published for exclusive use on Company’s website and affiliated social networking sites, without restriction.
  • Any photographs of Client’s event in the Company possession will not be for resale.
 
7. DAMAGE AND LOSS

In the event of any damage or theft to/of any decoration by the guests, Client shall be responsible to reimburse Company for any and all damages or loss of the applicable Materials, including without limitation, reasonable cost of cleaning, repair or replacement, within thirty (30) days.

 
8. LOCATION CHANGE

A Location Change shall be defined as the Client determining they will no longer be able to move forward with the original Venue and will be moving the Event to a new location on the same Event Date, for any reason, including a Force Majeure incident. Any Location Changes must be notified in writing.
 
Should a Location Change occur, the Client’s Contract with the Company will remain intact but an amended agreement will be issued based on the following circumstances:
  • If the new Location does not necessitate any aesthetic changes being made to the Design Plan, then the original price quoted for the Materials will be honored in the new agreement, although the costs for Pre-Labor, Delivery and Set-Up/Breakdown will be adjusted to account for the change in logistics associated with the new event location.
  • If the new event location results in the original Design Plan no longer working aesthetically, thereby necessitating a new event design, client agrees that not only will the Inspiration Imagery, Design Plan/Service Fee change, but the Client will additionally be responsible for reimbursing the Company for any expenses lost on Materials already secured which will no longer be used in the new design.
 
9. DATE CHANGE

A Date Change shall be defined as the Client determining they will not be able to move forward with the Company’s contracted services on the original Event Date for any reason, including a Force Majeure incident, and will be postponing the Event Date to a new event date. Any Date Changes must be notified in writing.

Should a Date Change occur, the Client’s original Contract with the Company will remain intact but an amended agreement with the Company will be issued based on the following circumstances:

  • Pending floral availability, if the new event date is within the same season and calendar year as the Client’s original Event Date, and if the Client’s previous Estimate and Event Location have not changed, then the original price quoted will be honored on the new agreement.

  • Consequently, if the new event date is in a different season and/or calendar year, the design will likely need to change due to the availability of flowers. In this case, not only will the Inspiration Images, Design Plan/Service Fee change, but the Client will additionally be responsible for reimbursing the Company for any expenses lost on Materials already secured which will no longer be used in the new design.


10. CLIENT CANCELLATION

Should the Client decide to cancel the Company’s services in this Contract, at the time of Cancellation the Client must immediately notify the Company in writing. In the event the wedding is canceled, Company Service Fee will be deemed earned for the actual time the Company has dedicated to the Clients and the wedding/event. Because damages would be difficult to estimate in the event of a Cancellation of this Contract with the Company, the Company will be entitled to recover as liquidated damages and not as a penalty, non-refundable fees and out-of-pocket expenses.

• If the Client cancels Company’s services 14 days (Product Order Deadline) or less prior to the scheduled wedding or event date, no Store Credit will be issued.

11. FORCE MAJUERE

A Force Majeure incident includes Acts of God and any act, event, non-happening, omission or accident beyond reasonable control, and includes in particular (without limitation) the following:

a. Novel or ongoing pandemic
b. Strikes, lockouts or other industrial action.
c. Civil commotion, riot, invasion, national emergency, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
d. Fire, explosion, power outage, storm, flood, earthquake, blizzard, hurricane, tornado, subsidence, national or regional emergency, outbreaks or other natural disaster.
e. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
f. Impossibility of the use of public or private telecommunications networks.
g. The acts, decrees, legislation, regulations or restrictions of any government, military or civil authority.

The Company will not be in breach of this Contract or held liable or responsible for any failure to perform, or delay in performance of, any obligations under this Agreement that are caused by a Force Majeure incident. Upon determining that a Force Majeure incident will prevent the Company from fulfilling its obligations as set forth in this Contract, the Company shall provide written notice of the Force Majeure incident to the Client.

• Should a Force Majeure incident happen more than fourteen days (14) prior to the scheduled Event Date, thereby preventing the Company from being able to fulfill its obligations within this Contract and the Event is not l taking place on the Event Date (postponed or canceled), only second deposit and/or any partial payments previously made (excluding 25% Reservation Fee/Initial Deposit), less cost of purchased Materials and other expenses directly associated with those purchases (including, but not limited to delivery charges and labor) will be credited towards any future use (see Store Credit). Client will not be responsible for the balance payment on the Due Date.

• Should a Force Majeure incident happen less than fourteen days (14) prior to the scheduled Event Date thereby preventing the Company from being able to fulfill its obligations within this Contract and the Event is not taking place on the Event Date (postponed or canceled indefinitely), because the cost of all Materials will have already been purchased and paid for by the Company as of the Product Order Deadline, and by reason of their perishable nature are liable to deteriorate rapidly and cannot be returned, no refund or Store Credit on Materials and other expenses directly associated with those purchases (including, but not limited to delivery charges and labor) will be issued once the Materials have been purchased. Company will issue a Store Credit for the remaining balance to be used on a future event within one year of this provision taking place (see Store Credit).
 
12. ADDITIONAL TERMS

Any request for Materials to be delivered elsewhere must be made at least three (3) days in advance of the Event Date and must be agreed to by the Company. Client agrees to pay for the extra labor and expenses to deliver Materials.

Should the Client decide to hire another florist or event production company outside of the Company to be used for any portion of the Event the Client must immediately notify the Company in writing.

13. CONFIDENTIALITY

Any and all parts of the Design Plan and the Contract, including all attachments hereto, shall be strictly construed and considered confidential in nature. Neither Flowerful Events nor the Client shall have the right and entitlement to disclose any information and detail in relation to the Design Plan and Contract, and the Services herein represented and embodied. Such disclosure shall be considered a material breach of the Design Plan and the Contract and shall be subject to further action by the aggrieved party.
 
14. INDEMNITY

Both, the Client and the Company, shall indemnify and hold harmless each other, and its subsidiaries, affiliates, officers, directors, shareholders, agents and employees, against any and all claims and actions arising out of the activities related to the Event/Wedding, or resulting from the activities during the Event/Wedding ceremony and reception, including, but not limited to any related events arising from this Contract.

If for any reason, Flowerful Events staff feels unsafe due to, but not limited to negligence of the event space/premises, other vendor activities, unruly guests, or weather on the day of the Wedding, Flowerful Events can refuse to provide services without repercussions. In this event, Flowerful Events will be entitled to keep the entirety of Flowerful Events Service Fee. 

15. SEVERABILITY

Each provision of this Contract is separate. In the event that any part of the Contract is declared by the court, or other judicial administrative body, to be invalid or unenforceable, it will be invalid only to the extent of the invalidity, without affecting or impairing the validity and enforceability of the remainder of the section, subsection, or other provision of the Contract.

16. WAIVER, AMENDMENT or MODIFICATION

No waivers, amendments and/or modifications to this Contract shall be deemed valid and/or binding unless expressed in writing and agreed upon and signed voluntarily by both Flowerful Events and the Clients.

17. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. The maximum aggregate liability of the Company to the Client or any third party with respect to any and all claims arising out of the services provided hereunder shall not exceed the amount actually paid by the Client to the Company.

18. ASSIGNMENT

The terms and conditions of this Contract shall inure to the benefit of and be binding upon heirs, legal representatives, successors, and assigns of the parties hereto.

19. ENTIRE CONTRACT

This Contract constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Contract. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Contract.

This Contract may be executed and endorsed in one or more counterparts, and each or such counterparts shall, for all purposes, be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

The mutual obligations to indemnify and hold harmless will survive the termination of the Contract.

This Contract, Design Plan and Inspiration Images, has been read and agreed to by both parties:


IN WITNESS WHEREOF, the parties have caused this Contract to be executed the day and year first above written.


 

 

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Signature Certificate
Document name: Flowerful Events Contract
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March 16, 2021 2:07 pm EDTFlowerful Events Contract Uploaded by Kristina Valdmaa - flowerfulevents@gmail.com IP 72.68.28.161, 127.0.0.1, 184.168.224.72, 0.0.0.0
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