This Agreement for Floral Services (hereinafter, “Agreement” is made by and between:
CATHERINE SHARREM, (hereinafter referred to as the “Florist”), and
XXX (hereinafter referred to as the “Client”).
Collectively, referred to as the “Parties”.
1. SERVICES TO BE PERFORMED:
The Florist agrees to perform the following Services (hereinafter, “Services”) related to the Client’s wedding / event:
- Provision of wedding / event flowers as ordered through Gathered Floral.
2. PAYMENT AND REIMBURSEMENT:
In consideration for the Services to be performed by the Florist, Client agrees to pay the Florist $XXX (hereinafter, “Fee”) as follows:
- 10% non refundable deposit of $XXX is payable to secure the booking.
- Final payment is due two weeks before your wedding.
Quoted prices are subject to change based on final selections. If full payment is not received two (2) weeks prior to your wedding / event date the Florist cannot guarantee any of the flowers as per the Formal Quotation. If payment is not paid in full by one (1) week prior to your wedding / event, the Florist reserves the right to cancel the order and retain all funds received.
If Client fails to make payments to the Florist, Services will be discontinued until payment is received. The booking of the wedding / event date shall not be confirmed until the Deposit is received.
The wedding / event flower quotation is valid for one week only and the quoted date is not secured until the non refundable deposit has been paid.
3. FORM OF PAYMENT:
Payment can be made by cash or direct deposit to the Florist's bank account.
4. ASSURANCE OF SERVICES:
In the event that the Florist is unable to perform the agreed Services, the Florist reserves the right to appoint another Florist of equal or similar professional experience to execute the ‘Services to be Performed’ listed herein. The Florist reserves the right to select a replacement best suited to perform and uphold the professional level of services to the Client.
5. INDEPENDENT CONTRACTOR:
It is expressly agreed that the Florist is acting as an independent contractor and not as an employee providing services to the Client. The Florist and Client acknowledge this Agreement dose not create a partnership or joint venture between them. The Florist will not enter into any contracts on behalf of the Client.
6. TERM OF AGREEMENT:
This agreement will become effective on the date the Florist receives the payment from the Client.
This agreement will terminate on the earliest of:
6.1 The wedding / event date the Florist completes the Services required by the Agreement;
6.2 The date a party terminates the Agreement as provided below.
7. TERMINATING THE AGREEMENT:
Either party, without cause, may terminate this Agreement by delivering fourteen (14) days written notice to the other party.
7.1 Termination by Client
In addition to any other obligations set forth in this Agreement upon termination, if Client terminates this Agreement:
- 10% of the booking is non-refundable;
- Termination thirty (30) days or less from the wedding / event date will result in no refund payable.
7.2 Termination by Florist
In addition to any other obligations set forth in this Agreement upon termination, if the Florist terminates this Agreement, the Florist will refund unearned fees to the Client.
Client agrees that the Florist may use any floral arrangement images from the wedding / event for the Florist’s portfolio, advertising, website, blog and magazine submissions and any other means of promotion. The Client waives any right to payment, royalties or any other consideration for the use of the images. The Client waives the right to inspect or approve the finished product, including written or electronic copy, wherein Client’s likeness appears. The Florist is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which the Client(s), their heirs, representatives, executors, administrators, or any other persons acting on the Client’s behalf or on behalf of the Client’s estates have or may have by reason of this authorisation.
9. LIMITATION OF LIABILITY:
In recognition of the relative risks and benefits of this agreement to both the Client and the Florist, the risks have been allocated such that the parties agree to limit the liability of either party to the other for any type of damages to the amount of the Florists’s total fees under this Agreement. It is intended that this limitation apply to any and all liability or cause of action however alleged to arising, unless otherwise prohibited by law. However, each party will remain liable for bodily injury or personal property damage resulting from grossly negligent or wilful action of the parties.
10. DISPUTE RESOLUTION:
If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Sydney, Australia. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If the dispute is not resolved within 30 days after it is referred to the mediator, any party may take the matter to court. If any court action is necessary to enforce this Agreement, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
All notices, requests, claims, demands and other communications between the parties shall be in writing. All notices shall be given (a) by delivery in person, (b) by a nationally recognised next day courier service, or (c) by registered mail with postage prepaid, to the address of the party specified in this Agreement or such other address as either party may specify in writing. Such notice shall be effective upon (a) the receipt by the party to which notice is given, or (b) on the third day following mailing, whichever occurs first. Notice may also be given by electronic mail. Such notices shall be effective upon receipt of a written acknowledgement by the party to which notice is given.
The Florist will make every effort to deliver the colour palette as selected. Due to circumstances out of her control, if a flower, foliage or colour palette is unavailable she will substitute with as close as possible. Should restrictions at the venue prohibit installation, the Florist reserves the right to make design changes as necessary.
Flower colours, shape and size can vary throughout the year and from year to year. The Florist accepts no responsibility for these variations.
13. EXCLUSIVITY OF SUPPLY:
The Client appoints the Florist as the sole supplier of floral arrangements for the event. The Florist reserves the right to terminate this Agreement in the event of any other Florist or Do It Yourself (DIY) being engaged, unless otherwise negotiated in writing before signing this Agreement. If the Florist becomes aware of any breach of this Clause in the 14 days prior to the event, the Florist will terminate this Agreement, and the Client will forfeit the Florist’s Fees.
A $50 fee will be charged after the third revision and for each revision thereafter. Each revision will be documented in the Mood Board / Quotation and the version number clearly stated in the document title. Changes cannot be made within two (2) weeks of the wedding / event.
15. HIRED ITEMS:
Hire stock must be returned to the Florist no later than two (2) days after the wedding / event, unless collection by the Florist has been arranged. Lost, broken or damaged stock on hire from the Florist must be paid for by the Client at the retail or replacement cost. Current credit card details must be provided as a holding deposit for all items on hire. The Florist reserves the right to charge the Client any replacement costs for items damaged, lost, stolen or broken. The Florist will advise of any costs prior to charging the card.
16. DELIVERY AND COLLECTION:
For Sydney metropolitan, the installation costs are included in the product prices. Delivery charges are based on the number of drop offs and the suburb location. For areas outside of Sydney, the delivery cost starts from $180 and will be charged to you after booking via an Invoice issued by Gathered Floral.
17. ENTIRE AGREEMENT:
This Agreement (including attachments, namely The Mood Board / Quote) contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
This Agreement may be modified or amended if the amendment is made in writing and is signed by all parties.
The headings contained in this Agreement are strictly for convenience, and shall not be used to construe meaning or intent.
The failure of any Party to require strict compliance with the performance of any obligations and/or conditions of this Agreement shall not be deemed a waiver of that Party’s right to require strict compliance in the future, or construed as consent to any breach of the terms of this Agreement.
21. FORCE MAJEURE:
A party shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, pandemics or any other force majeure event. As a result of a force majeure event, where the wedding / event is postponed, pricing is subject to change without notice. Upon occurrence of any force majeure event, the party relying upon this provision shall give written notice to the other party of its inability to perform or of delay in completing its obligations.
22. CONDITION OF THE PRODUCT:
The Florist will deliver the finished product (flower arrangements) in pristine condition. The Florist will not be held liable for a deterioration in the flowers due to extreme weather conditions, or lack of a constant water source. The applies from when the flowers are delivered to completion of the wedding / event.
23. APPLICABLE LAW AND JURISDICTION:
This Agreement shall be governed by the laws of the State of New South Wales, Australia and any disputes arising from it must be handled exclusively in the courts of New South Wales courts, Australia.
24. ASSIGNABILITY AND PARTIES OF INTEREST:
No Party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party. Nothing in this Agreement, express or implied, will confer upon any person or entity not a party to this Agreement, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of this Agreement, except as expressly provided in this Agreement.
25. COUNTERPARTS, SIGNATURES:
This Agreement may be executed by one or more counterparts, each of which shall be deemed an original and which collectively shall constitute one agreement. Use of fax, email and electronic signatures shall have the same force and effect as an original signature. Agreement acceptance is implied when the Florist receives the initial payment from the Client.
26: SOCIAL MEDIA CREDIT:
The Florist will be credited for any social media posts or published articles where her product appears. Collaboration requests for product and services to be supplied free of charge will not be entered into.
We agree to the terms and conditions as set out above dated effective as of the last date of signature below.
Signature _________________________ Date: _____________________________
Signature_________________________ Date: ____________________________