THE STUDIO . 11 THE COTTAGES . BLENNERVILLE . TRALEE . CO KERRY . IRELAND
This Floral Services Agreement (the “Agreement”) is made as of (Date) by and between Lullaby Creative Ltd, trading as Ann Marie O'Leary Floral Design, an Irish limited liability company with its principal place of business at 11 The Cottages, Blennerville, Tralee, Co Kerry, Ireland, V92 P520 (“Ann Marie O'Leary”), and the undersigned individual (the “Client”):
Client Phone and Email:
Date of Proposal (the “Proposal” is the document furnished to you that contains the details regarding the floral services to be provided for your event).
Deposit Amount (€500 required): Date Deposit Received:
THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW. BY SIGNING BELOW, CLIENT AGREES TO BE BOUND BY SUCH TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS SHALL GOVERN THE RELATIONSHIP OF THE PARTIES WITH RESPECT TO ALL SERVICES TO BE PERFORMED BY Ann Marie O Leary FOR THE CLIENT WHETHER DETAILED IN THE PROPOSAL FOR SERVICES REFERENCED ABOVE OR AGREED TO BY THE PARTIES AT A LATER DATE.
ACKNOWLEDGMENT OF ARBITRATION
EACH OF THE UNDERSIGNED UNDERSTANDS THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT, EACH PARTY UNDERSTANDS THAT IT WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE THAT IS COVERED BY THE ARBITRATION AGREEMENT, UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL OR CIVIL RIGHTS. INSTEAD, EACH PARTY AGREES TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.
Ann Marie O Leary Floral Design | Styling | Creative Direction Name (Print) By:
Ann Marie | Creative Director
FLORAL SERVICES AGREEMENT TERMS AND CONDITIONS
Services. The Client, pursuant to the Proposal referenced on the cover page to this Agreement or a subsequently mutually agreed to written proposal signed by the parties hereto, hereby engages Ann Marie O' Leary to provide materials (to include without limitation flowers and decorative elements) and services (to include without limitation the arrangement of flowers) to the Client in consideration for the compensation as set forth therein (the “Services”).
Payment. A non-refundable deposit of €500 (the “Deposit”), paid to Ann Marie O Leary, is required to reserve the Services for the event date (as set forth above). The Deposit is non-refundable and shall be retained by Floral Artistry even if the Client terminates this Agreement as contemplated herein. A further 50% of the final agreed total to be paid upon final signing off of the completed Floral Design Brief. The total contract balance is due 15 days prior to your event.The Client is responsible for all Vat @23% applied to all orders.
Additional Work Changes. Requests for changes to the Proposal may be proposed by the Client up to 21 days before the event date (as set forth above), but shall not be effective without the written consent of both parties. Prior to acceptance of any change requests, the parties shall cooperate to equitably determine the impact on pricing, time commitments, scheduling and deadlines and other project factors and reflect these changes in an updated proposal.
Exclusivity. It is understood that Ann Marie O’Leary will act as the sole and exclusive florist for your event. By signing this contract The Client agrees that no other person or company, professional or otherwise shall provide fresh or artificial floral products for The Clients event location or event reception without consult with Ann Marie O’Leary This clause protects the image of Ann Marie O’ Leary from assumption that might occur from the attendees. Some exceptions might apply, please inquire with Ann Marie O’Leary
Collaborating. When Ann Marie O’Leary agrees to work with props provided by another supplier. It is agreed that these props shall be delivered to Ann Marie O’Leary premises four days prior to your event. Collection of these props from the event location is entirely the responsibility of The Client and not Ann Marie O’Leary.
Acceptance. On the event date (as set forth above), if the Client finds the Services defective or not conforming with his/her expectations, the Client must provide notice to Ann Marie O' Leary and allow Floral Artistry a reasonable opportunity to cure any such defect or nonconformity. If Ann Marie O' Leary's actions to cure any such defect or nonconformity result in a change in the scope of the Services, the Client acknowledges and agrees that Ann Marie O' Leary is entitled to invoice the Client for additional services provided by Ann Marie O Leary. Failure by the Client to notify Ann Marie O Leary of any defect or nonconformity in the Services on the event date (as set forth above) as provided herein will be deemed an acceptance by the Client of the Services and the Client will be foreclosed from seeking redress from Ann Marie O Leary for any defect or nonconformity in the Services.
Travel Expenses. Delivery of florals & Travel expenses to meetings with reference to Wedding will be charged at 1.60 cent per kilometre Venue meetings at venue, Supplier meetings on site at …............. This rate is as at €55.00 per hour
Overnight Accommodation. This will apply to ______________ and assistants, the night pre wedding day, The wedding day and post wedding day at the Clients wedding venue or within 15min drive.
Floral Crew Meals. Note - Lunch or dinner allowances while on site for meetings or build of wedding at €20 for lunch and €30 towards dinner. Dinners will only apply while on site during wedding.
Termination. This Agreement is effective from the date of the Agreement and shall be in effect until it is either terminated by either party on no less than thirty days (30) notice to the other party or until Ann Marie O Leary has completed all work provided for in the Proposal and ceases to have a business relationship with the Client, whichever shall occur earlier. If the Client terminates the Agreement, the Client shall pay for the work actually completed by Ann Marie O Leary prior to the termination date of the Agreement.
Disputes & Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic Ireland and the parties hereto submit to the exclusive jurisdiction of the Courts of the Republic of Ireland.
Warranties. Ann Marie O’Leary warrants that the Services will be performed in conformity with reasonable floral industry standards. Except for the foregoing, Ann Marie O’Leary makes no express or implied warranties including without limitation a warranty of merchantability or a warranty of fitness for a particular purpose. The Client acknowledges that flowers and plants are natural products and are subject to availability. Ann Marie O’Leary reserves the right make substitutions based on quality and freshness of flowers and plants in its sole discretion while maintaining & respecting the integrity of the Clients Colour Palette.
Insurance. The Company carries Public/Products liability cover for a sum of € 2.6 million for any one accident /unlimited in any one period of insurance and Employers Liability cover of €13 million for any accident/unlimited in any one period of insurance. If any venue requires increased cover in excess of these amounts, then the cost of such increased cover shall be borne by the Client.
Intellectual Property & Marketing. In connection with Ann Marie O Leary’s efforts to market its services: (i) the Client agrees to permit Ann Marie O'Leary to disseminate, publish, circulate, record, broadcast, videotape or transmit images from the event for which Ann Marie O Leary provides the Services by any form of media and (ii) after the event date (as set forth above), the Client agrees that Floral Artistry may publicise its provision of the Services by referencing the event in any form of media to include without limitation on Ann Marie O Leary website and on a blog.
Notices. Any notice or other communication given under this Agreement will be in writing and will be delivered by hand, electronic mail (provided acknowledgment of receipt thereof is delivered to the sender), sent by certified, registered mail or sent by any nationally recognised overnight courier service to the following addresses:
Ann Marie O' Leary, The Studio, 11 The Cottages, Blennerville, Tralee, Co Kerry, Ireland.
As to the Client, at the address set forth on the cover page of this Agreement.
Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party. Except for the prohibition on assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto.
Force Majeure. Ann Marie O Leary shall not be liable for any failure to perform or delay in performance due hereunder as a result of any event beyond its control including, but not limited to, natural disasters, acts of God, governmental actions, strikes, wars, terrorist actions, failure of communication lines or Internet service, etc.
Indemnity. The Client shall indemnify the Company against all costs, charges, claims, expenses, demands and liabilities, including breakages incurred by or made against the Company as a result of the negligence or wilful default of the Client or any of its guests.
Miscellaneous. This Agreement together with the Proposal contains the entire agreement between the parties here to with respect to the matters covered here in. No other preceding agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Ann Marie O' Leary by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof. The Client acknowledges that it is entering into this Agreement solely on the basis of the representations contained herein. The terms and conditions contained herein may only be amended or any provision waived pursuant to a written agreement signed by the parties in the case of an amendment or the by the party waiving compliance in the case of a waiver.