Services: Together, SEED will collaborate with CLIENT to create a design proposal (Proposal) incorporating flower types, color, embellishments, and other artistic details of the creative direction. Given the organic nature of flowers and availability, SEED will use best efforts to ensure that flowers and substitutions will remain within overall look and feel of Proposal. SEED will communicate with CLIENT on changes as they arise. Final Proposal must be completed by 30 days prior to EVENT date. Changes made to final Proposal are not guaranteed.
Proposal shall include event logistics, delivery details, final table schematics and venue diagrams. SEED is obligated to adhere to a venues policies, guidelines and prohibitions set forth by the venue, per their terms and conditions.
All designs are property of SEED. Copies of design proposals will not be given to the CLIENT until the contract is signed and the deposit is paid. SEED reserves the right to use pictures of designs for promotional purposes and appreciates acknowledgement and credit given to SEED in social media, e.g., Facebook, Instagram, etc.
Exclusive Florist: SEED shall be the sole florist/designer providing designs for event – no other persons or businesses will be involved.
Payments: Payments must be made by cash, check or Venmo. A non-refundable deposit of 50% of the final price is required to confirm your event date. A final consultation will be made thirty (30) days prior to the event (30-day due date), at which time the full balance it due. This is non-re[1]fundable. If the 30-day due date is missed, a fee of fifty dollars ($50) per day past the 30-day due date will be due. SEED reserves the right to cancel the contract if full balance is not paid by 30-day due date.
Additional purchases, on-site changes, delivery location changes, additional vendor requirements or logistics made after this final consultation may be accepted up to two weeks prior to event date. Payment will be immediately due and there will be a non-refundable $25 fee. Upon payment of 30-day due date, CLIENT authorizes SEED to procure supplies for event.
Cancellations: Should the CLIENT cancel the event for ANY reason, payments and fees shall be governed by the following terms:
- Initial deposit of 50% is non-refundable.
- Third party equipment fees and rental fees are non-refundable
- For cancellations before the 30-day due date, payments not including initial deposit and third-party equipment and rental fees shall be refunded to CLIENT.
- For cancellations after the 30-day due date, CLIENT shall receive no refunds.
- In the event of a date change, a new contract will be required. SEED reserves the right to decline the event
Rentals: Rental items require a 25% of total rental fees as security deposit (Security). Rental items must be returned within three (3) days following the event in the same condition initially received. SEED reserves the right to retain part or all of Security and may require reimbursement of full retail value of rental item if rental item is not returned in acceptable condition as determined by SEED. Rental items may have additional requirements depending on vendor.
Force Majeure If SEED is not able to perform or provide in entirety its contracted services or products for any reason, not limited to, but including Acts of God, war, weather, civil disturbances, road closures, severe traffic, fire, casualty, or other causes beyond the control of both parties, SEED cannot be held accountable for contracted items damaged during the course of the event by weather (heat, cold, rain, wind, etc.) or persons other than SEED staff.
Limitation of liability; sole and exclusive remedy: In no event shall SEED, their directors, members, employees, or agents be liable for any special, indirect, or punitive damages, arising out of or in any way connected with any use of our services. To the full extent permitted by law, our liability shall be limited to the amount actually paid for the services.
Arbitration agreement: Any dispute between related to this agreement, the services, or the transactions contemplated by this agreement will be resolved by arbitration governed by the Massachusetts uniform arbitration act (and, to the extent not inconsistent with that statute, conducted in accordance with the rules of practice and procedure for the arbitration of commercial disputes of arbitration services of Massachusetts). The arbitration shall be conducted in Massachusetts. All arbitration hearings will be commenced within thirty (30) days of the demand for arbitration, which must be presented in writing, unless the arbitrator, for showing of good cause, extends the commencement of such hearing. The decision of the arbitrator will be binding on all parties, and judgment upon any arbitration award may be entered in any court having jurisdiction. The parties acknowledge that, by agreeing to arbitrate disputes, each of them is waiving certain rights, including its rights to seek remedies in court (including a right to a trial by jury), to discovery processes that would be attendant to a court proceeding, and to participate in a class action.