1. Payments: As agreed, Client shall pay Our Little Flower Company (OLFCO) according to the approved estimate and agrees to make payments according to these agreed upon payment terms. Client agrees to provide a 30% deposit, which will secure the Special Event date. The second/final payment (subject to estimate) will be due one full month 30 days prior to the Special Event date.
Special Event flowers will not be delivered unless final payment is timely made as stated above. Failure by Client to make timely payments in the manner stated above is sufficient cause for OLFCO to cancel this agreement.
2. Rentals: OLFCO requires all rented items are to be returned within two (2) days after the Special Event in their original condition. If not returned within that time, additional pick-up fee, same as delivery, subject to travel outside Vancouver will apply. If any damage has occurred to the rented item(s), Client agrees to cover the cost of a similar, comparable item, including any freight or shipping charges incurred by OLFCO.
3. Changes in Estimated Costs: Flower costs change frequently and estimated prices on behalf of OLFCO may fluctuate +/- 5% from the original estimated amount and will be reflected in the final invoice. In the event that the market price of floral products change greater than +/- 5% from the time of the estimate to the time of purchasing and final invoicing, OLFCO will notify Client with a revised estimate subject to approval before any purchases can be made.
Additionally, Client may request that changes be made to the agreed upon and understood scope of work up until the issuance of the final invoice (1 month prior to the event date). If Client requests such a change, for example requesting different flowers or product, OLFCO will use its best efforts to implement the requested change within the estimated amount at no additional expense to Client and without delaying delivery of the services, with these VERY IMPORTANT EXCEPTIONS:
Additional Costs or Expenses: In the event that the proposed change will require additional cost or expenses, a revised Estimate will be presented for approval by Client.
Additional Time or Services: In the event that the proposed change will require additional time or services, a revised Estimate will be presented for approval by Client.
Option to Elect: Upon being presented with a new Estimate document, Client has the option to either withdraw the proposed change(s) or approve OLFCO to make the additional purchases or carry out the additional services according to the proposed change, subject to the newly revised Estimate.
4. Exclusive Florist: OLFCO shall be the exclusive florist retained by Client for the purpose of providing floral design and flowers for this Special Event. If in the event of an emergency, OLFCO is unable to perform its duties under this contract, OLFCO will make arrangements to have floral design services provided at your Special Event by another floral designer under the same terms of this contract.
5. Reimbursements: If deemed necessary, and subject to Client’s prior approval, Client will reimburse OLFCO for all reasonable out-of-pocket expenses, including but not limited to, equipment rental, air fare, lodging, meals and rental of automobiles incurred by OLFCO during the delivery of services. All such costs will be clearly estimated for client to approve.
6. Non-refundable Security Deposit and Cancellations: By paying a 30% security deposit, Client secures services for that day. In the event of cancellation, the security deposit is non-refundable and will be considered liquidated damages to OLFCO in the event of a breach of contract by the Client.
This is a custom order and the client understands that if payment is not made in full by final payment due date (30 days prior to event date), this contract is cancelled. Contract cancellation must be made in writing. Cancellations made prior to final consultation will receive a refund on all monies paid, less non-refundable deposit. Cancellations made less than 30 days prior to wedding date will receive no refund. There are no refunds for cancellations of individual items after contract is signed. Flowers for those items will be utilized to upgrade the arrangements purchased.
7. Rights: OLFCO retains the rights to photograph finished work and may use in self-promotion and advertising.
8. Force Majeure: Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing here under if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met, will be extended for a period of time equal to the time lost due to any delay so caused.
9. Dispute Resolution: The parties agree that they will endeavor to settle any dispute controversy or claim arising out of or relating to this contract, which they are unable to settle through direct negotiations, by mediation.
10. Recovery of Litigation Expenses: If any legal action or arbitration or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
11. Limit of Liability: Client and OLFCO have discussed the risks and rewards associated with these services as well as OLFCO’s fees for services. Client agrees to indemnify and hold harmless OLFCO from any and all claims, injuries, damages, losses, expenses, liabilities or claim expenses (including mediation fee’s) arising out of this agreement for any cause and/or causes associated with the flowers or floral design services provided on the date of the Special Event. Such causes include, but are not limited to, OLFCO’s negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.
12. Reservation of Rights: OLFCO reserves the right to substitute flower varieties/colors/products/sundries if the quality of available specified items are not up to OLFCO's standards or if specified items are not available. This happens rarely and OLFCO will use a similar item of equal or better value and keep the look of the design Client selected in tact. Acts beyond the control of OLFCO may also impact the choice of available flowers at the time of the special event. For instance, weather patterns, labor issues, Acts of God, etc., may contribute to making the selected flowers unavailable at the time of the Special Event.
Client has read this agreement, agrees to all of its terms and acknowledges access to these terms at any time.