LIGHT AND WELL TERMS OF USE
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
SCOPE OF SERVICES
Light and well agrees to fulfill a floral order for client(s) event, subject to the terms and conditions stated herein.
CHARGES AND PAYMENT SCHEDULE
All Charges listed in the contract are an estimate, and subject to change with any client requested adjustments to the services and guest count until 30 days prior to the event date. Any revisions to the contract will supersede the original monetary details of the client’s event and will continue, with each revision, to be incorporated herein by reference. Each of the client’s payments will be credited to the final balance due.
INITIAL DEPOSIT FEE (25%)
Client use of the Light and Well’s florals and related services space will be confirmed upon receipt of a signed contract by client and payment of the initial deposit fee. The initial deposit fee is equivalent to 25% of the total estimated event charges listed in the contract and calculated at the time of the signing of the contract. After recipient, this fee is non-refundable in the event of customer cancellation. Your event date will not be reserved, and Light and Well is under no obligation to begin any work related to your event until receipt of the initial deposit fee.
SECOND PAYMENT
An additional payment to bring the contract to 50% paid based on the total estimated event charges (In the event of a wedding, the payment is due no later than 90 days prior to the scheduled event date). If the client has added additional services to the event the amount may equal more than 25% of the estimated event charges. After recipient, this payment is non-refundable in the event of a client cancellation. Failure to remit payment by the due date will constitute a breach of contract and be treated as a client cancellation.
FINAL PAYMENT
The final payment, representing the contractual balance due as listed in the contract, is subject to any changes made by client up to 10 days prior to the event. After receipt, this payment is non-refundable in the event of customer cancellation. Failure to remit payment by the due date will constitute a breach of contract and be treated as a client cancellation.
FORM OF PAYMENT
Cash payments may be accepted at anytime. All payment may be made by personal check, cashier’s check, ACH transaction, money order, debit card, or credit card. Checks shall be made payable to Light and Well. A 1.5% transaction fee will be included for any debit and credit card transactions.
REDUCTION
After the final payment is received, there will be no refunds issued for client requested adjustments or reduction of services to the contract.
INCREASE
After the final payment is received, should the client request more services, there will be a late adjustment charge added to the change order and the cost of the additional services must be paid no later than 48 hours prior to the event. Clients understand that there is a minimum lead time for orders and may not be available if changes are made less than 30 days prior to the event.
SERVICE CHARGE AND TAXES
All services are subject to automatic service charge and applicable sales taxes. This chare is percentage of the final amount. The service charge is not a tip or gratuity. Gratuities are not included and are voluntary.
RESPONSIBILITY FOR PAYMENTS
The clients are responsible for making all necessary payments set forth in this contract. If there is more than one client for a single order, all clients are jointly and severally liable for the costs, fees, and payments for the individual order. Light and Well will accept payments for order costs from persons other than the client(s) and apply those payments to the cost of the order. However, the contractual responsibility, liability and obligation for the payments remains with the clients only. Payments made on the clients behalf will be treated like all other payments and subject to the same policies outlined below.
RISK AND RESPONSABILITIES
Light and Well will not be held responsible for any lost, stolen, missing or damaged property incurred by client or client’s event guests. Client and guests agree to release and hold Light and Well harmless, including any attorney fees and costs incurred from all claims, demands, suits or judgements from the use of Light and Well products or services including, but not limited to, any damages incurred, injury, or even death from client(s) and client(s) guests.
CANCELLATION POLICY
Should the client(s) elect, for whatever reason, to cancel this contract, clients hereby agree to provide a written notice of intent to cancel this contract to lauren@lightandwell.com. There shall be no refund of fees or payments already made, regardless of the due date. Should the event be canceled by client(s), client(s) decision would constitute a breach of their contractual obligation to Light and Well and client(s) agree that Light and Well would be harmed. In the event this contract is canceled by clients, client agree that Light and Well will have already incurred costs associated with client(s) order, e.g., coordination services, employee wages, purchase of supplies, facility rent and utilities, etc. Additionally, Light and Well will have lost the opportunity to offer our services to other customers and will incur additional costs in attempting to book services for date originally reserved for client(s) event. Client(s) agrees that the exact amount of Light and Well damage will be difficult to determine. Therefore, clients agree that should client(s) cancel their event for any reason, the initial deposit fee, and any additional payment completed by clients, shall be non-refundable.
UNFORSEEN EVENTS
Light and Well will not be held responsible for failure to provide the exact order specifications due to emergencies, pandemics, catastrophes, or interruptions of public utilities. Light and Well cannot be held responsible for power outages beyond its control. In the case of an unforeseen event, Light and Well will make a good faith effort to provide the order with any necessary adaptations. However, if unforeseen events do not allow Light and Well to provide a safe environment for it’s employee(s) or independent contractor(s), Light and Well will work with client to adapt the delivery or order specifications to allow for a safe working environment. An unforeseen event is not grounds for refund of payments made.
FORCE MAJEURE
Neither party shall be held responsible or liable to the other party nor be deemed to have defaulted under or breached this contract for failure to delay in fulfilling or performing any obligation under this contract when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to fire, floods, embargoes, war, acts of war (whether ware is declared or not), insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, acts of God, pandemics, omissions or delays in acting by any governmental authority, restrictions, and orders imposed by local or national governmental authorities; provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall attempt to continue performance hereunder with reasonable dispatch whenever such causes are removed. Light and Well will provide the client(s) with prompt written notice of any delay or failure to perform that occurs by reason of force majeure. The parties shall mutually seek resolution of the delay or failure to perform as noted above. A force majeure event is not grounds for refund of payments made, but instead, may constitute grounds for the rescheduling of your order delivery.
HARDSHIP EVENTS
In the case of an order for a wedding, should the client(s) suffer a “hardship” for which clients decide not to go forward with their wedding, including but not limited to break-ups, loss of job(s), changes of heart, affairs, inability for certain guests to travel and/or family interruption. A hardship event such as the ones described, will be treated as a client cancellation pursuant to the terms of this contract.
SUBSTITUTION
Substitution may be necessary to ensure your arrangement is delivered in a timely manner. The upmost case and attention will be given to your order to ensure that it is as similar as possible to the requested item. There shall be no substitution in the size or shape of the arrangement.
AGREEMENT MODIFICATION
Parties other than the client(s) cannot amend, modify, change or cancel the contract on behalf of the client(s). Only the client(s) has the authority to do so, and all changes are subject to approval by Light and Well.
SEVERABILITY OF CONTRACT
Any failure by a party to enforce a provision of this contract does not constitute a waiver of any other provision of this contract
MEDIATION
In the case of any dispute arising under this contract or agreement, which cannot be settled by reasonable discussion between the parties hereto, the parties agree that, prior to commencing any legal action or proceeding which exceeds the jurisdictional small claims limits, they will first engage the services of a professional mediator agreed upon by the parties and attempt in good faith to resolve the dispute through confidential non-binding mediation. Each party shall bear one-half (1/2) of the mediator’s fees and expenses and shall pay all of its own attorneys’ fees and expenses related to the mediation.
ATTORNEYS’ FEES
If a dispute between the parties cannot be resolved through the mediation-first process, and either party brings a legal action or proceeding to enforce or interpret any provision of this contract, in addition to any other applicable or available relief, the prevailing party in said action or proceeding shall be entitled to recover reasonable attorneys’ fees and costs incurred therein.
FINAL EXPRESSION OF CONTRACT
This contract, any written amendment hereto, including the Terms and Conditions addendum, and any amendment thereto, contain the entire understanding between client(s) and Light and Well. To change any aspect of this contract, the change must be done in writing and signed by the complete parties on the contract.