1. Payments: Client shall pay Our Little Flower Company (OLFCO) in full according to the approved estimate Client makes online and agrees to make payments according to these agreed upon payment terms. Client agrees to pay in full which will secure the Special Event date. Special Event flowers will not be delivered unless final payment is secured.
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 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.
6. Cancellations: In the event of a cancellation, Client will secure a full refund prior to 30 days before the event date. In the event of cancellation within 30 days prior to the event Client will secure a 50% refund of the original purchase and the remainder will be considered liquidated damages to OLFCO in the event of a breach of contract by Client.
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 endeavour 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/colours/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.