SOPHIE FELTS FLORAL DESIGN
Floral Design Services
We are excited to work with you on your special event! This agreement (“Agreement”) is made and entered into on the date of signing (“Effective Date”) between and among Blossom and Vine LLC DBA Sophie Felts Floral Design ( hereafter referred to as “Sophie Felts,” “the Company,” or “We,” and You, hereafter referred to as the “Client,” “You” and “Your”). Please review the following which outlines the terms and conditions of your Custom Floral Package (“Package” or “Services”) for the Event to take place on your event date (“Event Date”). The Company and the Client agree as follows:
1. GENERAL TERMS.
a. The Company will provide floral décor services for Client on the listed Event Date. Upon signing this agreement, Client approves all information, items, quantities, and pricing listed in the Attached Proposal (“Proposal”) and this Agreement.
b. Client agrees that no changes to floral design may be made less than seven (7) days before the Event Date.
c. Any additional fees incurred by Clients as a result of additional Floral Services added less than thirty (30) days prior to the Event; additional delivery, set-up and breakdown fees; and/or Rental Item replacement/damage fees shall be due immediately upon Sophie Felts tendering of an invoice to Clients. Payments not postmarked or received by Sophie Felts Floral by the due date shall incur a late penalty fee of ten dollars per day.
d. The Client understands that last minute changes to flowers and hard goods may be made based upon availability and at the Company’s discretion. Client acknowledges that the Company will do its best to fulfill the agreed upon vision but that the Company has the final say and full discretion to create final designs.
e. Client agrees that Sophie Felts will be the sole exclusive provider, professional or personal, of flowers and greenery (natural or artificial) for this Event. You acknowledge that neither You, nor any associates, family members, or other vendors will bring any additional flowers to the Event. Breach of this Term will result in Sophie Felts not being responsible for delivering product or refunding any payments.
2. RETAINER AND PAYMENT SCHEDULE.
a. Payment in full is required to book and reserve Services and is due at the signing of this Agreement, in the form of credit card.
b. All payments are non-refundable and non-transferrable and will be applied towards the balance total.
c. Should Client cancel or otherwise breach this Agreement, payment will not be refunded and the Client shall also be responsible for payment of any materials/charges incurred up to time of cancellation.
3. CANCELLATIONS AND RESCHEDULING.
a. In the event of unforeseen extenuating circumstances, extreme illnesses or injuries that prevent Sophie Felts from fulfilling the Agreement, the Company will make every effort to secure a suitable replacement florist and apply all funds paid by Client to the replacement florist, otherwise all payments will be refunded.
b. Should Client cancel the Agreement no refunds will be made less than thirty (30) days from the Event Date.
c. Should Client need to reschedule the Event for any reason, including any qualifying reasons outlined in Section 9 of this Agreement, no future dates are guaranteed. Sophie Felts will work with Client to find an agreeable future date and Client must provide a minimum of three (3) possible dates. Client acknowledges that the Company reserves the right to charge a Peak Fee of ten percent (10%) of the total fee for certain dates and this may apply in rescheduling. If no agreeable date can be found, Client will be refunded any payments minus the non-refundable retainer.
d. Sophie Felts reserves the right to cancel at any time prior to thirty (30) days before the Event if Company determines it is not in its best interest to move forward, and full refund will be given. If Client is not cooperative in the process (for example, client is not responsive to emails and/or phone calls; client creates a hostile work environment), no refunds will be given
4. DESIGN AGREEMENT. We value original, custom work. We hope that your wedding flowers can be as unique as you are! While the client is encouraged to bring pictures of flowers and designs to help us understand the desired style and feel, we cannot copy exactly. Exact flower varieties cannot be guaranteed. Due to the nature of this business, sometimes products become unavailable and it is necessary to make substitutions. Prior to your event, it is important to let us know if there are any colors or specific flowers that would not be acceptable as substitution. Otherwise, necessary substitutions will be at the designer’s discretion.
Particular shades within a color family cannot be guaranteed. We work hard to communicate our vision with our growers but, for example, depending on environmental factors and the specific plant, one café au lait dahlia may be really creamy while another looks more peach. If the client has a specific color shade that is loved, we recommend incorporating it into other, less variable, elements of the wedding such as table linens, invitations, etc.
We love to incorporate unique and seasonal foliage grown here on our farm. Because it has grown naturally, outdoors and, in general, has not been chemically treated, imperfections in the leaves are to be expected. In our opinion, this adds to the beauty.
5. DELIVERY, SETUP, AND BREAKDOWN. The delivery charge listed in Proposal includes all fees associated with delivering items listed on the order. The $50 delivery fee includes delivery to one (1) location within an hour and a half of Laytonsville, MD. Additional charges apply for additional delivery locations. If additional tasks are requested outside of the proposal, additional charges may be incurred. If our Company’s team is responsible for delivery, at venues located more than an hour and a half from the Company’s studio in Laytonsville, Maryland, an additional or overnight fee will be added.
6. HARD GOODS AND RENTAL POLICY.
a. It is understood that any rental equipment will be returned or picked up in the same condition it was loaned. A replacement fee will be charged for any lost or damaged items.
b. All vases, arbors, floral material and mechanics once delivered are the property of the Client.
7. WEATHER POLICIES.
a. Wind Policy. If there are raised centerpieces or any other raised designs to be located in a tent and wind is over 5-10 mph, tent flap sides will need to be closed. If you prefer to have tent flaps open or if wind is still excessive (as deemed by Sophie Felts Floral) raised pieces will be placed directly on the table. All effort will be made make it look absolutely beautiful. Any large urns that are on pedestals will be moved to sit directly on the ground in case of heavy wind.
b. Extreme Heat or Cold. In case of extreme heat, especially if installations will be built under a clear top tent, client will be responsible for any additional costs incurred due to increased need for staff. In case of extreme heat, especially under a clear top tent (tent temperatures higher than 90 degrees) client must provide air conditioners during set up. In case of extreme cold (below 40 degrees), client must provide heaters during set up.
8. FORCE MAJEURE. In the event that any cause beyond the reasonable control of either Party, including without limitation acts of nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, U.S. State Department travel advisory, a global pandemic as defined by the World Health Organization, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
Further, if the Event is rescheduled due to fire, global pandemic, natural disaster, tragedy, or other emergency, Sophie Felts will credit the amount paid by Client toward another agreed upon date as outlined in Section 3. Should a date for reschedule not be agreed upon, Client will be refunded any payments minus the non-refundable retainer or payments already made towards the Event.
9. INTELLECTUAL PROPERTY RIGHTS. We would love to use photos of your beautiful flowers for our portfolio, website and social media. We reserve the right to take and share photos of the flowers. We also reserve the right to use and/or share professional photos of the event. If the client is uncomfortable with this, please let us know ahead of time. We will endeavor not to take pictures of people. Sophie Felts photos of the Event that do not include people may be used for promotion, display, advertisement, internet use, publication, etc.
10. WARRANTIES AND LIMITATION OF LIABILITY. The flowers and Services provided to the Client by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory ; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. The Client agrees to indemnify and hold harmless the Company and any third-party from liability for the injury or death of any person(s) that may result from consumption of and/or use of the Services by recipients or other person(s). In the case of legal action resulting in Company’s favor, the Company is entitled to be compensated for all attorneys’ fees and associated costs.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, THE CLIENT, EXPRESSLY AGREE THAT PURCHASE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT THE SERVICES AND/OR PRODUCT WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PRODUCT, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE PRODUCT.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE PRODUCT OR SERVICE. THE FOREGOING APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY CUMULATIVE LIABILITY TO YOU EXCEED $1000.
11. NON-DISPARAGEMENT. While honest reviews of the Company are welcome, the Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, regardless of the conflict of laws principles thereof.
13. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Baltimore, Maryland or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
14. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Company.
The parties have caused this Agreement to be signed by their duly authorized representatives as of the Effective Date.
