By paying this deposit you are agreeing to the following:
Not subject to refund:
Client understands that the first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Vendor for committing to provide the Services and turning down other potential projects/clients.
Client has spent a satisfactory amount of time reviewing Vendor’s work and has a reasonable expectation that Vendor will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Vendor will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client. Vendor agrees to send photos of product to client at any time she deems necessary, particularly before delivery to ensure Client satisfaction. At this time, Client can make suggestions for changes to the design. However, Client understands and agrees that:
Every client and wedding is different, with different tastes, budgets, and needs;
Services are often a subjective art and Vendor has a unique vision, with an ever-evolving style and technique;
Vendor will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
Although Vendor will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Vendor shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with Vendor's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
Permitted Uses of Product(s). Vendor grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Vendor with attribution each time Client uses Vendor’s creative property. Client is permitted to use the product(s) in any manner they see fit which includes, but is not limited to, use within the following contexts:In photos on Client’s personal social media pages or profiles; or In personal creations, such as rearrangement of bouquets for decor; or Sales of product to another party.
Exclusivity. Vendor does not require exclusivity. Client is free to use flowers from other sources. However, the Client understands the Vendor has a unique vision and artistic style, so the final product will be different from flowers from other sources. If the Client wishes for the Vendor’s final product to be similar to flowers from other sources, the Client must provide information about and/or images of these as soon as possible.
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Floral arrangements are not copyrighted; however, any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business until paid for in full and picked up by Client.