Contract
Issued on:
The Independent Contractor Agreement Between clients and I Do Weddings with Love of 3288 Reade's Way Williamsburg, Virginia 23185 Background:
A. The Client is of the opinion that I Do Weddings has the necessary qualifications, experience, and abilities to provide services to the Client.
B. I Do Weddings is agreeable to providing such services to the Client on the terms and conditions set out in this agreement In Consideration of the matters described above and of the mutual benefits and obligations set forth in this agreement, the receipt and sufficiently of which consideration is hereby acknowledged, the client and I Do Weddings agree as follows:
1. Services Provided: The Client hereby agrees to engage I Do Weddings to provide the Client with services consisting of : Wedding Floral Designs and Decor
2. The services will also include any other tasks which the parties may agree on. I Do Weddings hereby agrees to provide such services to the client.
3. Terms of Agreement: This term of agreement will begin on the date of this agreement and will remain in full force and effect until the completion of services, subject to early termination as provided in this agreement. The term can be extended by mutual written agreement by both parties. We require a minimum of $3000 for delivery and onsite design of your wedding ceremony and reception or if otherwise agreed upon. If your florals budget falls below the minimum, then we would be happy to design your flowers and allow you to pick them up at my studio.
4. In the event that the Client wishes to terminate or reduce this agreement prior to the completion of the services, the client will in writing at least 45 day's in advance of the event. Reduction no more than 10% of agreed amounts. If there is a significant reduction of the original agreement, I Do Weddings has the right to terminate the agreement without refund. I Do Weddings schedules one event per day, and cannot reschedule a new event immediately. There will be no application of the retainer to another variation of plan without agreement from I Do Weddings.
5. Performance: The parties agree to do everything necessary to ensure the terms of this agreement take effect.
6. Currency: Except as otherwise provided in this agreement, all monetary amounts referred to this agreement are in US dollars.
7. Compensation: For services rendered by I Do Weddings as required by this agreement, the client will provide compensation to I Do Weddings as follows: A non-refundable security retainer of $600.00 that "saves the date". This amount is applied to end totals. Remainder of compensation agreement is due no later that 30 days prior to event date. At 30 days prior all products are ordered and no changes are allowed. All product that is to be supplied by the client are to be delivered 45 days prior to event date. All payments are cash or check have no additional fees added. Credit cards accepted. There is a service charge of $35.00 for return fees.
8. The compensation as stated in this agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the client in addition to the compensation.
9. Confidentiality: Confidential information refers to any data or information relating to the client, whether it be business or personal, which reasonably be considered to be private property to the client and that is not generally known and where its release could reasonably cause harm to the client.
10. I Do Weddings agrees that it will not disclose, divulge, reveal, report or use, any confidential materials or information that has been obtained, except with authorization from the client. This obligation will end on the expiration or termination of this agreement.
11. All written and oral information and materials disclosed or provided by the client to I Do Weddings under this agreement is confidential information regardless of whether it was provided before or after the date of this agreement or how it was provided to I Do Weddings.
12. Return of Property: Upon the expiry or termination of this agreement I Do Weddings will return to the client any property, documentation, records, or confidential materials.
13. Capacity: In providing the services under this agreement it is expressly agreed that I Do Weddings is acting as an independent contractor and not as an employee. I Do Weddings and the client acknowledge that this agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
14. Notice: All notices, requests, demands, or other communications required or permitted by the terms of this agreement will be given in writing and delivered to the parties of this agreement as follows: Client: Contractor: I Do Weddings with Love 3288 Reade's Way Williamsburg, VA 23185
15. Indemnification: Except to the extent paid in settlement from any insurance policies, and to the extent permitted by law, each party agrees to indemnity and hold harmless the other party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which is a result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this agreement. This indemnification will survive the termination of this agreement.
16. Legal Expenses: In the event that legal action is brought to enforce or interpret any term of this agreement, the prevailing party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with this action.
17. Modification of Agreement: Any amendment or modification to this agreement or additional obligation will only be binding if evidenced in writing signed by each party.
18. Time of the Essence: Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.
19. Assignment: I Do Weddings will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this agreement without the prior written consent of the client.
20. Entire Agreement: It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressly provided in this agreement.
21. Enurement: This agreement will ensure to the benefit of and be binding on all parties and their respective heirs, executors, administrators, successors, and permitted assigns.
22. Titles/Heading: Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this agreement.
23. Gender: Words in the singular mean and include the plural and vice versa.
24. Governing Law: It is the intention of the parties to this agreement that this agreement and the performance under this agreement, and all suits and special proceedings under this agreement, be constructed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of Virginia, without regard to the jurisdiction in which any action or special proceeding may be instituted.
25. Severability: In the event that any of the provisions of this agreement are held 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 agreement.
26. Prohibitive Activities: You shall not (or any third party to) use the website to preform any illegal or immoral activities (including without limitations to defaming, harassing, abusing, threatening or otherwise violating legal rights)
27. Publication: The material images can be used for personal, commercial, educational processes without notification.
28. Act of God: This excuses obligations by I Do Weddings with Love if there is an extraordinary event occurs beyond control that prevents us from serving contractual obligations such as earthquakes, floods, extreme snow events, fire. Meant to excuse for only forces that are out of my control.
29. Substitutions: We reserve the right to make substitutions in the event if the flowers received are not of the quality suitable for your event. In this event, the integrity of the purposed color scheme will be maintained and flowers of equivalent value will be used. Example: Wax flowers ordered as a filler flower for bouquets but weather conditions cause unavailability or poor quality-- pink heather or similar filler would be used. Red roses would not be a substitute for white orchids. With the new tariffs coming into effect, there could be supply issues. I will always do my very best to avoid substituting but understand the possibilities.
30. Waiver: The waiver by either party of a breach, default, delay, omission of any of the provisions of this agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions. In Witness Whereof the parties have duly affixed their signatures under the agreement.
31. Availability: All products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a product of equivalent value and quality without notice.
32. Extras: We will not supply any extras, (example flower baskets, arches, fabric or extra flowers) unless stated clearly on your contract.
33. Delivery: We do not ask our staff to wait for delivery of rental items if not in place when we arrive at chosen time agree upon. If we are asked to wait for over one hour to start our set up process, there will be an additional fee added to delivery.
Expiration
Current event date is valid 1-week post origination date to secure services.
Provided Documentation
All documentation created and provided to client is owned and copy written by Consultant and cannot be used or given to any other 3rd party
Day of Management/Consultant – Will be a Lead Associate and team member of Consultant who will be present and manage day of activities.
Liability
It is understood that Consultant is only liable for services completed and provided by Consultant and cannot be held liable for the services of other contracted vendors. It is understood that in no event shall Consultant be liable for consequential damages of any kind.
Cancellation Policy
If event is canceled, the retainer portion of the fees paid to Consultant will not be returned. If the event is postponed, services contracted can be applied to a new date if available (refer to Postponement Policy).
Postponement Policy
If event is postponed, all services will cease at time of notification of postponement if no determined new date is provided. Payment schedule will be determined and readjusted post new event date notification. If client requires services to resume, post new event date being established, second payment will be required at 30 days prior To the event date.
Responsibility
Consultant is not responsible for Acts Of God, Natural Disasters, an Act Of Government such as A Declaration of National or Local Emergency, or Other Incidents Not within the control of the consultant, i.e. accident, death in the family, illness, pregnancy, or sudden tragic circumstance. In such a situation, consultant will obtain, upon approval of the client, a qualified professional replacement to fulfill consultant’s obligations under the contract, at no additional charge to the client.
Overtime
Additional unplanned and/or un-contracted services (such as, but not limited to, full redo of design, day of event extension of time, services outside of scope of agreement, management of non wedding day activities, etc) are considered overtime and will be billed with prior notification and consent at the rate of $130 per hour.
Costs
any purchased items on behalf of client for day of event or prior will be billed directly to client at cost of goods and mileage at $.52 per mile if extensive travel (beyond 25 miles) is required to be acquired.
Contracted Vendor and Payments
Any rentals and/or subcontracted vendors contracted on behalf of client will be paid in full to Consultant directly at requested deadline. Proper notice will be provided per cost.
Damage or Loss of Accessories
Client agrees to exercise all due care in caring for, and preserving the property of Consultant. Clients shall remain responsible for all loss or damage to rentals, up to and including actual replacement value for each missing or damaged item per cost.
Payment Schedule and Method
For your convenience, payments can be made online via Honeybook using a valid credit card. Otherwise, payment is to be made by cash or check.
$600 initial retainer due upon completion of the signed agreement for services. Remaining balance is due 30 days prior to event. Flowers will be ordered once payment is completed.
I purchase many California and West Coast grown flowers and I procure flowers from many international places including the Netherlands, South America and Beyond. With the 30 day flight ban for Europeans to the US it should hopefully not affect us too much because our flowers from Holland, and Italy fly from London and for now this will continue as it has. There is a chance that freight space will become more scarce and expensive if airlines cut back on flights but we will tackle that challenge if it comes. So far imported product from South America and Columbia have risen 8% as a result of tariffs.
Colors: please understand nature produces flowers with abundant beauty. The colors could be affected with drought, rain, cold, and heat. Images found on websites are color enhanced and enriched. Nature is never that perfect.
When I place an order with my wholesaler, they process it with the utmost care. I realize events occur that may cause you to no longer need your order fulfilled. If we have already purchased the product for your order than a cancellation is not always possible. Because we secure this product with various growers all over the world to ensure it is delivered on time, we start procuring anywhere from a week to three weeks before your desired delivery date.
Attorney
If legal action is necessary to enforce the terms of this contract the prevailing party shall be entitled to reasonable attorney fees in additional to any other remedies to which that party might be legally entitled.
Appropriate Conduct/ Safe Working Environment:
The Client(s) expressly agree(s) to take best efforts to provide I Do Weddings with Love and Provider's staff with safe and appropriate working conditions. In the event of circumstances deemed by either I Do Weddings with Love or a bystander to present a threat or implied threat of injury or harm to I Do Weddings with Love staff or equipment, I Do Weddings with Love reserves the right to cancel all services remaining under this Agreement and leave the event. At the I Do Weddings with Love’s discretion, may enact a three-strike policy. After the first offense, I Do Weddings with Love will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), I Do Weddings with Love shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, the I Do Weddings with Love will immediately leave the event. If the I Do Weddings with Love leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold I Do Weddings with Love harmless as a result of incomplete event coverage, or for a lapse in the quality of the I Do Weddings with Love work, and the Client(s) shall be responsible for payment in full.
The undersigned have read this contract, understand its terms, and agree to be bound thereby. Any additions, deletions, or revisions must be made in writing and approved by all responsible parties. The parties agree that this contract is the complete and exclusive statement of the mutual understanding of the parties.
Force Majeure and Safe Environment Clause
Force Majeure and Safe Environment
x.1 If I Do Weddings with Love cannot perform or believes it may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority (including a Government Order as defined in Section 7.3), national or regional emergency, other casualty, act of God, or other cause beyond the control of the parties or due to I Do Weddings with Love illness or injury, whether or not foreseeable (“Force Majeure Event”), then I Do Weddings with Love will give notice to the Client as soon as reasonably practicable after I Do Weddings with Love determines that a Force Majeure Event will or may prevent I Do Weddings with Love from performing under this Agreement. I Do Weddings with Love shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but I Do Weddings with Love may, in I Do Weddings with Love discretion, work with the Client to find an alternative date for the Event that is suitable to both Client and I Do Weddings with Love. To the extent the Parties cannot agree on a suitable replacement date consistent with I Do Weddings with Love’s availability, I Do Weddings with Love may also, in its sole discretion, refund fees paid to I Do Weddings with Love under the Agreement, less any amounts necessary to cover expenses and work (based on time spent by I Do Weddings with Love ) already performed by I Do Weddings with Love related to the Event, including, but not limited to, pre-wedding communications, development of timelines, and preparation of gear for the Event (the “Refund Amount”). In the case of a Force Majeure Event, I Do Weddings with Love shall have no additional liability to Client with respect to this Agreement beyond that described in this Section and below.
x.2 In the case of a Force Majeure Event that impacts the I Do Weddings with Love individually, but does not otherwise impact the Event, including, but not limited to, illness or injury to I Do Weddings with Love , I Do Weddings with Love shall make reasonable efforts to suggest a replacement photographer for the Event. Should Client not accept a replacement florist selected by I Do Weddings with Love to perform I Do Weddings with Love ‘s obligations under the Agreement, I Do Weddings with Love shall refund the Refund Amount and shall have no further obligation to perform under the Agreement.
x.3 Client understands that I Do Weddings with Love works to maintain a safe work environment, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations (each a “Governmental Order”). Client further understands and agrees that I Do Weddings with Love shall not be required to perform under this Agreement if the Event is held in violation of a Governmental Order or I Do Weddings with Love participation in the Event would violate a Governmental Order. Client also understands and agrees that I Do Weddings with Love is not obligated to continue to perform under this Agreement if I Do Weddings with Love’s personal safety or well-being has been or will be comprised or threatened at the Event, including, but not limited to, as a result of the condition of the venue for the Event, or the conduct of an attendee of the event. increasing costs & prices across the board, we are forced to raise
our own prices in order to keep up. Specifically, we are dealing with higher labor
costs, as well as increases in both product & shipping costs.
All quotes previously sent will be honored in full - those will remain firm, and
honored 100%.