In consideration of the mutual covenants and agreement herein contained, Deanna Burks, hereinafter referred to as The Consultant, and The Client, named below by form entry, hereby agree to the following terms and conditions regarding the Client’s Wedding, hereinafter referred to as The Event.
The Consultant shall serve as the Exclusive Floral Designer for the Client. The details of specific services are outlined in the following Terms & Services.
These items are handcrafted and high-end materials, planning and design go into each floral we make. Whether a design is large or small, ornate or simple in design, each floral we design is still subject to our base pricing. Our flowers are not average. We never use ordinary flowers such as carnations or baby's breath in our designs. You will always be given a high-end flower such as ranunculus or hellebore and our ribbon is the handmade and hand-dyed ribbon that is only available in limited quantity and made to order. Consultant reserves the right to change prices without notice. Pricing changes may be affected by an increase or decrease in supplier, service and/or production costs. Quotes are valid for 30 days. Pricing is an estimation only. Any changes in pricing will be communicated to the Client in writing.
A timeline and estimated completion date will be included in your contract. Consultant strives to work within this timeline, but it is important for the client to also cooperate in a timely manner. Consultant will not be responsible for not meeting deadlines due to delayed client action or response.
The agreement provided here applies strictly to services provided by Consultant and not goods, expenses, or other Vendor obligations or services. Printing costs, website hosting, catering, photography, entertainment, venue, and any other expense are not included and are the responsibility of the Client.
Any changes made to this agreement must be made in writing and signed by all parties. Changes include, but are not limited to, guest count. Guest count changes will result in increased charges for all services.
This agreement will terminate automatically upon completion of the services required by this letter of agreement.
NON-PAYMENT & BREACH OF CONTRACT
No services contained in this contract will be rendered, delivered, or available if the balance is not paid in full prior to the Client’s event. If payments are not received by the due date, and the credit card on file becomes invalid, expires, or The Consultant is unable to authorize it, the Client’s non-payment will be considered a breach of contract and all previous payments are forfeited, and the Client’s order will be canceled. The Consultant is not contractually obligated to accept payments beyond the due date, nor refund previous payments. The Consultant is allowed to schedule another client’s event on the Client’s date if it has been unsuccessful in contacting the Client or obtaining a response from the Client regarding payment.
By signing this agreement, the Client gives the Consultant permission to use photos from the event on its website and advertisements, materials, etc., with the understanding that the Client will not profit from them in any way.
Consultant and Client agree to conduct business in a professional and civil manner. If at any point Client conduct impedes Consultant’s ability to do its just effectively, including rash, rude, and verbally abusive behavior, Client may terminate this Agreement with cause. At this point, the Consultant is released from all contract obligations, and shall in no way be held responsible or liable in any manner for non-performance. If Termination occurs one month or more prior to Client’s Event, Client forfeits their deposit for non-compliance with this agreement. If Termination occurs thirty (30) days or less prior to Client’s Event, Client forfeits their full payment for non-compliance with this agreement. All outstanding payments will be due to the Consultant immediately.
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.
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.
LIMIT OF LIABILITY
Client and Consultant have discussed the risks and rewards associated with these services as well as Consultant’s fees for services. Client agrees to indemnify and hold harmless Consultant 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 Event. Such causes include, but are not limited to, Consultant’s negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.
In the event of a cancellation, aside from Acts of God as described below, all payments made by Client to date are non-refundable and all outstanding balances will be due immediately. A cancellation can be made in writing to The Consultant at any time. Any additional amounts due to the Consultant will be billed to the Client and are due upon receipt.
ACTS OF GOD
The Consultant is not responsible for acts of God and cannot guarantee weather conditions. If an act of God, such as a fire, flood, earthquake or other natural calamity shall cause the Client to cancel the event, the Client will only be required to pay for the time actually spent planning the event, as well as costs incurred. If possible, The Consultant and Client will work together to and a mutually agreeable date to reschedule.
The floral design includes florals and greenery referred to on the invoice. Substitutions for like products equal in value are allowed. Vessels and candles are rentals.
STYLE & DESIGN DISCRETION
We have a unique style and approach to designing. Our work will be in our style combined with your personal preferences. We will use our best judgments and efforts to realize your preferred color palette, preferences, and vision, and will provide all items as itemized on your receipt or invoice. It is, however, understood that Deanna Burks Design will use its professional discretion to make all final design choices.
Client agrees to pay the full replacement cost of vessels if damage to the vessel should occur.
DAMAGE BY FLORALS
Consultant will not be held responsible for damage to surfaces or garments caused by flowers or dripping wax. Consultant takes the utmost care when placing florals and candles.
RESERVATION OF RIGHTS
We may show you flowers that we have available at the time as an example of the style, color, variety, size or shape. This in no way is a guarantee that these exact flowers will be available on your date. Deanna Burks Design reserves the right to substitute flower varieties/ colors/products/ if the quality of available specified items is not up to our standards or if specified items are not available. This happens rarely and we will use a similar item of equal or better value and keep the look of the design you have selected intact. Acts beyond our control 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 your event.
Consultant has been hired to serve as Floral Designer for Client’s Event. The Consultant will use their best judgments and efforts to realize the Client’s color palette, preferences, and vision, and will provide all items as itemized on the attached invoice. It is, however, understood that Consultant will use its professional discretion to make all final design choices.
FLORAL SERVICE CHANGES
If at any point the Client decides to add additional floral design services not originally listed on the attached invoice, Consultant will amend services if possible and furnish Client with an updated invoice. At no point may Client’s final service fee due to the Consultant decrease.
FLORAL SERVICES CLARIFICATION
For purposes of clarity, Floral Design Service Fees include the following: All floral and greenery materials All labor, including creation, set-up, and breakdown of all floral elementsAll ribbon. Rental of vessels
FLORAL TERMS & CONDITIONS
The Consultant agrees to provide floral design services for the Client’s event in accordance with the invoice listed below by form entry.
Payment & Approval
For the agreed upon services listed in this Agreement and the attached Invoice, the Client agrees to pay The Consultant the following non-refundable amount: To receive promotional discounts, the payment must be received in accordance with the terms listed on your invoice. The 50% required deposit is non-refundable to hold your date.
By submitting this form, you agree to the full terms and conditions listed above.