EXCLUSIVE FLORIST POLICY
If the Company has been hired for floral services, the Company will act as the sole and exclusive florist for the Event.
The Client agrees that no other person or company, professional or otherwise, shall provide fresh, dried or artificial floral products for the Event without the written consent of the Company.
REQUIRED EVENT DETAILS
The Client must provide the below details thirty (30) days before the event or is subject to additional fees (see “Additional Fees”):
A detailed timeline for the event day;
A detailed floor plan with tables and items in the spaces clearly labeled;
The seating plan (if the Company is supplying place cards);
A list of any final revisions for the order; and
A list of any venue/vendor conditions - implied or contractual - that will impact the order or labour, such as elevator restrictions, access points, use of staples, etc.
ORDER USAGE, OWNERSHIP AND CONTENT SHARING
All creations and designs originating from the Company remain the rights of the Company and cannot be used for any other events, photo shoots, promotions or otherwise.
All items provided by the Company, including but not limited to flowers, rentals, stationery and hardgoods, are the property of the Company. The Company is not required to provide the Client with any unused or broken stems during the production, delivery or set up of the order.
All content shared by the Client that showcases the Company's designs and/or products must be properly credited and actively linked to the Company (Instagram "@brittany.frid", Facebook "@frid.events", all others "Frid Events").
When the event is over, live flowers and all stationery products custom created for the event may be kept by the Client, but hardgoods, faux florals and rentals remain the property of the Company. All flowers or stationery not kept by the Client will be collected by the Company at the end of the Event and will not be available for collection at a further date.
ORDER SUBSTITUTIONS
The Company reserves the right to substitute items, colours, varieties, textures, etc. if the quality does not meet the Company's standards or if they are not available due to supplier issues, damage, theft, or loss by another client. The Company will make every effort to maintain the integrity and design concepts as agreed upon with the Client.
DAMAGES, LOSS AND THEFT
The Client shall be responsible for the full replacement cost of damaged items or the full cost of cleaning, including all applicable mileage and labour required for same. Damages include, but are not limited to: chipped, cracked or broken items; stained and dirtied upholstery or fabric that are beyond normal wear and tear; loss or damage due to theft, burglary, misuse and abuse; accidental disappearance; loss due to the Client’s failure to care for the rental items, including damage as a result of leaving items out in the rain or in a sprinkler system.
If the Client discovers damaged or missing rental items prior to the start of the event, the Client must notify the Company immediately. If possible, the Company will provide a replacement for any damaged or missing rental items prior to the event start time. If it is not possible to provide any replacements, the Company will refund the appropriate fee associated with the damaged/missing items.
Damaged rental items must not be used at the event. All damaged rental items remain the property of Company and must be returned to Company.
Any damages occurring after the rental items are delivered to the Client, including damage occurring as a result of any person other than a Company representative moving the rental items from the location where they were placed by the Company, are the sole responsibility of the Client, whether actually caused by the Client or by the Client’s guests, venue staff, or third party vendors.
For rental items picked up from the Company's studio, the Client shall be liable for any damages to the rental items after pickup, including damages occurring during transport from the studio.
ORDERS FOR OUTDOOR EVENTS
The Client assumes all risks and hardships involved with having an outdoor event.
The Client agrees to arrange effective provisions so that, in the event of rain or inclement conditions, ordered items will be shielded from the elements and/or protected from damage. Failure to plan for such contingency may result in the Company withholding the order at the time of scheduled delivery and breach of contract by the Client, resulting in the cancellation of this contract.
ORDER REVISIONS
The Client may adjust this order up until 30 days before the event date, at which point, no further revisions will be accepted.
The Client will have two (2) complimentary meetings with the Company to make order revisions: the first meeting is halfway between the date of this contract and the event date; and the Final Meeting thirty (30) days before the event. Order revisions requested outside of these meetings will be subject to additional fees (see “Additional Fees”).
SUBSTANTIAL CHANGES TO ORDER OR CONTRACT DETAILS
Substantial changes are those that could affect the Company's order, time, labour requirements, or disbursements to such a degree that will likely require renegotiating this contract, such as but not limited to event date change or postponement, location changes, significant schedule changes for delivery or set up and/or tear down; and venue requirements/rules not previously disclosed to the Company.
This contract will be suspended pending a review of the substantial changes requested and renegotiation of this contract. If the Company cannot accommodate the changes, this contract will be considered cancelled by the Client.
PAYMENTS
The Company accepts payment by e-transfer to "team@fridevents.com" (password "wedding" if required), by certified cheques addressed to 10578207 Canada Inc., or by credit card (processing fees will apply for all credit card payments).
The Client must pay the Company by the strict deadlines listed in the Payment Schedule. Late payments will trigger a fee of 10% per month on the amount still owing. All monetary amounts are in Canadian Dollars and taxes are pursuant to the Ontario provincial regulations.
ADDITIONAL FEES
Order Revisions: Should additional meetings or order revisions be requested by the Client outside of the two complimentary dates, a $150/hour fee will be charged for the time it takes to prepare the revisions, any time discussing them with the Client, and any follow up required.
Failure to Send Required Event Details: If the Client is delayed in sending the Required Event Details to the Company by more than seven (7) days, a $150 rush fee will apply.
Expenses: The Client will reimburse the Company for all reasonable out-of-pocket expenses, including but not limited to specialty vehicle rentals, specialty production items, specialty fonts, artwork, materials, design elements or items that the Company does not already own and are buying/renting exclusively for the Client.
Labour: Labour fees are determined by the number of people required to fulfill the order, the difficulty and skill level required, and how long it will take to complete the job. Additional charges will apply for any labour required outside of the estimated labour charges in the Agreement. including but not limited to: changing a set up once complete (ex. room flips); late night tear down; multiple delivery locations; or unexpected/unplanned labour required on site (ex. correcting mistakes made by other vendors, or closed access to expected elevators or loading bays).
Mileage: Any driving required by the Company, including meetings, site visits, rehearsals, set up and tear down at the Event, will incur a travel fees of $0.65/km round-trip per vehicle based on the Company's office.
Destination Events: Any events that are 1+ hours away from the Company’s office are considered destination events are subject to destination event fees and additional requirements. A bed in a private room no further than 15 minutes from the Event and approved by the Company, along with a modest budget for meals, must be provided for each attending Company member. Otherwise, a budget not exceeding $300/person must be provided to the Company to manage this directly.
Additional Renderings, Floor Plans and/or Proofs: Additional stationery proofs, 2D and 3D renderings or floor plans will be charged $150 per proof/design unless there is an error made by the Company.
REFUNDS
The Client understands that the deposits are designed to compensate the Company for expenses and labour throughout the duration of this contract (ex. administration time, software fees, studio overhead, and client meetings) along with loss of opportunity in the event of cancellation, in addition to paying for the services and goods itemized within the order. As such, all payments made to the Company are non-refundable, forfeited, and cannot be used as credit towards future events.
No refunds or credits will be given for unused items.
CANCELLATIONS
The Client may cancel this contract at any time by written notice to the Company. No refunds will be provided, and cancellation fees will apply (see Cancellation Policy).
If the Client breaches this contract by: (1) failing to pay by the assigned deadlines, (2) violating the Harassment & Discrimination policy, or (3) failing to provide the Required Event Details, the breach will be considered cancellation by the Client.
If the Company breaches this contract by being unable to fulfill the order, the Company will refund all payments made to date. The Company may offer to assist with transferring the contract to a suitable and available company with the consent of the Client, but with no obligation.
ADDITIONAL TERMS
Harassment & Discrimination: The Company is proudly inclusive and has a zero-tolerance policy for harassment and discrimination, including but not limited to unwelcome sexual advances, verbal abuse, aggressive pressure, intimidation, sexism, ageism, homophobic, transphobic or racist commentary or "jokes", drunk and disorderly misconduct, and overtly rude or belittling behaviour by clients, vendors, staff or guests of the Event. Should any member of the Company experience or witness the above any time during this contract by anyone associated with the Event, the Client must take immediate measures to stop the action. If the issue is not addressed to the Company’s reasonable satisfaction, this will be considered a breach of contract by the Client and this contract will be terminated. If the behaviour is violent, the authorities will be called and the individual reserves the right to press charges.
Indemnification: The Client voluntarily and expressly releases, indemnifies, forever discharges and holds harmless the Company and and its respective directors, shareholders, affiliates, officers, agents, employees and independent contractors any and all liability, claims, demands, causes or rights of action whether personal to the Client, including those allegedly attributed to negligent acts or omissions. Should the Company or anyone on behalf of Company be required to incur attorney fees and costs to enforce this contract, the Client expressly agrees to indemnify and hold harmless Company for all such fees and costs.
Confidentiality: The Parties each agree that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information belonging to the other party which they have obtained through the operation of the contract, except as authorized by that party or as required by law. The obligations of confidentiality will apply during the term of this contract and will survive indefinitely upon termination of this contract.
Dispute Resolution: If a dispute arises under this contract, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Ottawa, Ontario. This contract shall be governed by the laws of the Province of Ontario, and any disputes arising from it must be handled exclusively in Ottawa.
Limitations of Liability: The parties have discussed the risks and rewards associated with this Agreement as well as Company's fee structure and reduction/cancellation policies for services and goods. Except for liability for indemnification, in no event shall: (a) either party or any of its representatives be liable under this contract to the other party or any third party for any consequential, indirect, incidental, exemplary, special, or punitive damages whatsoever, including any damages for business interruption, loss of use, revenue or profit, cost of capital, loss of business opportunity, loss of goodwill, whether arising out of breach of contract, tort (including negligence), any other theory of liability, or otherwise, regardless of whether such damages were foreseeable and whether or not the breaching party was advised of the possibility of such damages. (b) either party's aggregate liability arising out of or related to this contract, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the total amount paid to the company pursuant to this agreement.
Permissions: The Company retains the rights to photograph finished work and may use it in self-promotion and advertising.
Autonomy: The Company will have full control over working time, methods, and decision making in relation to provision of said services and/or goods in accordance with this contract. The Company will work autonomously and not at the direction of the Client. However, the Company will be responsive to the reasonable needs and concerns of the Client.
Transfers: The parties will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this contract without the prior written consent of the other party.
Severability: In the event that any of the provisions of this contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this contract.
