THIS AGREEMENT is made on, by and between Floret + Foliage LLC, a limited liability company duly organized under the laws of the State of North Dakota (hereinafter referred to as “Floret”), and the following client(s):
(hereinafter referred to as the “Client(s)”).
WHEREAS, the Client(s) would like to hire Floret to provide floral products and services, and Floret is agreeable to providing said products and services subject to the terms and conditions of this Agreement, for the following event: (hereinafter referred to as the “Event”).
NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. PROPOSAL. The specific details of the parties’ understanding and agreement regarding the types of flowers, quantity of flowers, arrangements, accessories, rentals, delivery times and locations, clean-up fees, itemized costs, etc., for the above-referenced Event are set forth in the PROPOSAL executed by the parties on this date, which is attached hereto and hereby incorporated by reference. Client(s) approves each of the details and itemized costs set forth in the attached PURCHASE FORM and agrees to pay the total balance showing on the PROPOSAL. Amendments to the PROPOSAL may be made up to thirty (30) days before the date of the Event, but any such amendment must be agreed upon by the parties and evidenced in a writing signed by both parties and attached hereto.
2. PAYMENT SCHEDULE. In consideration of the floral services provided by Floret, Client(s) agrees to pay Floret according to the following schedule:
(a) RETAINER. At the time the parties sign this Agreement, Client(s) shall pay Floret a non-refundable retainer (of at least $1,000 or full balance is due) of the payment of which will reserve and secure Floret’s floral services for the above-referenced Event. Floret shall hold said retainer and apply it toward Client(s)’ second bill, as provided in Subsection (b) of this Section. If the amount of the retainer exceeds the total balance due on the second bill, as provided in Subsection (b) of this Section, Floret shall apply the excess retainer amount toward the final bill, as provided in Subsection (c) of this Section, and if an excess retainer amount still remains after full payment of both the second bill and the final bill, Floret shall remit the excess deposit amount back to the Client(s) within thirty (30) days after the Event. If this Agreement is canceled or terminated for any reason unrelated to a failure or breach on the part of Floret, as provided in Section 8 of this Agreement, the Client(s) shall forfeit the entire amount of the retainer.
(b) SECOND BILL. No later than six (6) weeks before the Event, Client(s) shall pay Floret, which amount reflects the total balance due after the itemized costs and fees shown on the attached PURCHASE FORM are totaled and the deposit is deducted from the bill (hereinafter referred to as the “Balance Due”). If the Client(s) fails to pay the Balance Due at least six (6) weeks before the date of the Event, Floret reserves the right to, at its option, either cancel this Agreement and terminate its obligations hereunder, or alternatively, permit the Client(s) to make full payment of the Balance Due plus an additional two hundred and fifty ($250.00) dollar late fee at a later date set by Floret in order to retain Floret’s floral services at the Event. In the event this Agreement is cancelled due to late or non-payment, Client(s) shall forfeit the deposit paid on the date of signing of this Agreement and shall not be entitled to a refund of any amount of said deposit.
(c) FINAL BILL. A final bill showing any damage charges incurred, as provided in Section 4 of this Agreement, and any other outstanding balances resulting from unexpected or additional charges for floral products and services that were incurred within six (6) weeks before or during the Event, will be mailed to the Client(s) within ten (10) days after the Event. Client(s) shall pay the final bill within thirty (30) days after the date of the final bill.
3. PAYMENT OPTIONS. Payments may be made with cash, check, or credit card, we do not accept money orders as a form of payment. However, a four percent (4%) processing fee will be charged for all credit card transactions. CONVENIENCE FEE: We accept Visa, MasterCard & American Express for payments towards our services. Should you choose to pay by check or cash, your total invoice will be reduced by 4% percent, if the fee was added. Checks made out to Floret + Foliage. Payments must be made in person or mailed to the following address:
4. DAMAGE CHARGES. All non-perishable items furnished by Floret for the Event, such as glassware, decorations, or non-perishable arrangement fillers, are the property of Floret and will be considered rental items. The specific rental items selected by the parties for use during this Event are detailed in the attached PROPOSAL. All rental items must be returned to Floret in the same condition in which they were delivered to the Client(s) within forty eight (48) hours after the Event at a pick-up or drop-off location agreed upon by the parties. The Client(s)’ failure to return rental items in the same condition in which they were delivered within forty eight (48) hours after the Event will result in additional damage charges on the Client(s)’ final bill in the amount necessary to repair or replace said rental items. If returned aft forty eight (48) hours after Event, there will be additional charges starting at $250 for each day late.
5. SET UP. Floret shall deliver and set up the agreed-upon floral arrangements at a time and place mutually agreed upon by the parties, which time and place is specified in the attached PROPOSAL. Set up fees are case by case and of total proposal, additional maybe charged if there are more people setting up event.
6. CLEAN UP. Floret shall not be responsible for clean-up or break-down after the Event, unless Client(s) agrees to pay an additional clean-up fee for this service and Floret is agreeable to providing said service. Any clean-up agreements between the parties must be evidenced in writing on the attached PROPOSAL. Clean up or tear down is case by case of total proposal, maybe be additional for more clean up/ tear down crew.
7. LIMITED LIABILITY. Flowers are seasonal and perishable items and, as a result, certain circumstances are outside of Floret’s control. Accordingly, the parties hereby expressly agree that Floret’s liability will be strictly limited as follows:
(a) NO COLOR GUARANTEE. Floret will make every effort to select flowers and flower products that match the colors of the Event and the specifications provided by the Client(s) as closely as possible; however, Floret cannot guarantee that the flowers and flower products selected by Floret for the Event will be a perfect color match or an exact fit of the Client(s)’ specifications. Client(s) hereby acknowledges that Floret makes no color guarantees and expressly waives any objection to the color of flowers or flower products selected by Floret. Floret has creative control with all flowers, colors, and decor.
(b) SUBSTITUTIONS: Floret reserves the right to make substitutions in the event the flowers received are not of the quality suitable for your wedding or special event. In this event, the integrity of the proposed color scheme will be maintained and flowers of equivalent value will be used.
(c) ARTISTIC LICENSE: By commissioning Floret to design and create floral pieces for your event, we are entrusting the artists and representatives to utilize their design skills and capabilities shown during consultations and other events. We entrust Floret to choose all floral varieties, color schemes and textures that will best showcase the ideas for the event. By signing this agreement, we allow Floret full Artistic License to create distinctive and unique floral pieces and table-scapes.
(d) WEATHER. Weather conditions may sometimes accelerate the perishability of flowers and flower products. Floret will use industry standard products to attempt to combat such weather conditions and preserve the fresh look of flowers and flower products for the Event. However, in no event shall Floret be held liable for any damages incurred as a result of damage or destruction of flowers or flower products due to weather or other nature conditions outside of the parties’ control, including, without limitation, rain or storm damage and any wilting, discoloring, or drying of the flowers or flower products due to overheating.
(e) UNAVAILABILITY OF PRODUCT. Because of the seasonal nature of flowers and varying weather patterns, certain flowers and flower products agreed upon by the parties may become unavailable to Floret as the date of the Event approaches. Floret will make every effort to procure the flowers and flower products agreed upon by the parties, as evidenced by the attached PROPOSAL, but in the event Floret is unable to procure such flowers and flower products, Floret will notify Client(s) immediately and use its best efforts to procure comparable flowers or flower products approved by the Client(s). In no event shall Floret be held liable for any damages incurred as a result of the unavailability of certain flowers or flower products, and this Agreement shall remain in full force and effect despite such unavailability.
(f) INDEMNIFICATION. The Client(s) hereby expressly releases Floret from any and all liability arising from injury to person(s) or property sustained at the Event in connection with Floret’s floral products and services provided by Floret. Moreover, Client(s) agrees to indemnify and hold harmless Floret from and against any and all liability, damages, penalties, judgements, or claims of whatever nature, including any and all costs, attorney fees, expenses, and liabilities incurred in or in connection with defending against any claims or proceedings, arising from injury to person(s) or property sustained at the Event in connection with Floret’s floral products and services. This indemnification provision shall survive the termination of this Agreement.
(g) SPECIAL DAMAGES. In the case of a failure or breach of this Agreement by Floret, the Client(s) sole remedy will be a refund of any payments made pursuant to this Agreement. In no event shall Floret be held responsible for any indirect, special, incidental, or consequential damages of a breach of its obligations under this contract, regardless of the theory of law asserted or the actual or alleged negligence of Floret, its agents or assigns.
(h) MERCHANTABILITY. In addition to the above limitations of liability, Floret expressly disclaims any and all representations and warranties, whether express or implied, as to any matter covered by this Agreement and the attached PROPOSAL, including, without limitation, the merchantability and fitness for a particular purpose of any flowers, flower products, rental items, or other products and services contemplated in this Agreement and the attached PURCHASE FORM. All such flowers and flower products are offered as-is, and Client(s) expressly waives any claim regarding merchantability or fitness for a particular purpose.
(i) GUEST ATTENDANCE. Floret shall not be responsible for the number of guests in attendance at the subject event. The determination of the number of guests to invite or to prepare for is the sole responsibility for the CLIENT(S). The prices quoted are final.
(j) GUEST COUNTS. A minimum guest count will be required 21 calendar days prior to the scheduled event. Based on availability and our ability to react, increases may be accepted up to 5 days prior to the event and may result in additional cost. The CLIENT may not change the number of guests or the quantities of florals or services without the prior written consent of Floret, which consent may be withheld in Floret sole discretion. Any increases in the number of guests, the quantities of florals or services will result in the increased cost to the CLIENT, which the CLIENT agrees to pay.
8. CANCELLATION POLICY. This Agreement may be cancelled by either party upon written notice to the other party, subject to the following conditions:
(a) CANCELLATION BY FLORET. Floret reserves the right to cancel this Agreement and terminate its obligations hereunder at any time upon the breach or failure of the Client(s) to perform any of the Client(s)’ obligations hereunder. Upon the happening of such a breach or failure by the Client(s) and the subsequent cancellation of this Agreement by Floret, the Client(s) shall not be entitled to a refund of the deposit or any other payments made pursuant to this Agreement. In the unlikely event that Floret should need to cancel this Agreement for some reason other than a breach or failure on the part of the Client(s), Floret shall refund to the Client(s) the deposit and any other payments made pursuant to this Agreement.
(b) CANCELLATION BY CLIENT(S). If the Client(s) cancels this Agreement for any reason other than a breach or failure of Floret to perform any of Floret’s obligations hereunder, the Client(s) shall not be entitled to a refund of the retainer or any other payments made pursuant to this Agreement. Client(s) hereby expressly waives any right to a refund of the retainer or any other payments in the event of a cancellation or termination of this Agreement for any reason unrelated to a failure or breach on the part of Floret. In addition, in the event the Client(s) cancels this Agreement within 90 days of the date of the Event, the total amount of the Balance Due, plus any damage charges and any other outstanding balances resulting from unexpected or additional charges for floral products and services, shall become immediately due and payable to Floret.
9. PHOTOGRAPHY & PERMITTED USES: Parties agree that Floret may send photographers to photograph specific works of art created at locations specified throughout contract unless otherwise discussed. Floret may reproduce, publish, exhibit and otherwise use the images created hereunder, without specific identifications or persons or events (1) as samples of our work to be shown to prospective clients, either in photographic or electronic form, including our website, (2) for instructional purposes to be shared with aspiring florists and working photographers, and (3) for generic institutional purposes, including use in published interviews and competitions. Any such use shall be judicious and consistent with the highest standards of taste and judgment.
10. FLORAL PICKUP / DELIVERY. After client(s) have picked up or had them delivered their florals from Floret, they waive any default and know that the products are picked up / delivered in good condition and may deteriorate after pick up, or delivery. No fault to Floret after pick up or delivery.
11. ADDITIONS. Client(s) NEED to review the final proposal, any LAST minute requests will be met with extra charges. If you don't see something on your proposal, alert Floret before Event. If delivery or pick up has been made and there are missing things from proposal, there will be a premium charge.
12. CHANGES. Once client(s) have signed the contract, there can be changes made, however the final dollar total cannot be less than what Client(s) signed the contract final dollar total at. If there are changes, we will reallocate the extra dollars into another item.
13. No Refunds - We do not offer refunds for any products or services.
14. AMENDMENTS. No amendment, modification, or waiver of any condition, provision, or term of this Agreement or the attached PROPOSAL shall be valid or of any effect unless made in a writing signed by the parties and attached hereto.
15. ENTIRE AGREEMENT. This Agreement and the attached PROPOSAL contain the entire and only agreement between the parties, and no oral statements or representations or prior written matter not contained in this Agreement or the attached PROPOSAL shall have any force or effect.
17. WAIVER OF DEFAULT. Any waiver by Floret of a default under the provisions of this Agreement and the attached PROPOSAL shall not operate or be construed as a waiver of a subsequent default by the Client(s). No waiver shall be valid unless in writing and signed by Floret.
18. GRAMMATICAL CONSTRUCTION. Whenever the singular number is used herein, the same shall include the plural where appropriate, and the words of any gender shall include any other genders where appropriate.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the day and year specified above.