Description of Floral & Design Services:

By Request provides custom floral and design services for weddings and special events with a project minimum of $2500.  Private consultations and recommendations are offered at no additional charge.  Our mission is to maximize your budget and deliver the ideal design for your wedding or special event.

Payment Terms: 

A $500 booking fee and a signed agreement are required to secure the services of By Request.  This deposit shall be applied to the total.  The balance is due and payable no later than 30 days prior to the event.  If balance due is paid by credit card a 3% processing fee will apply.  If balance due is not received at least 30 days prior to the event, then a late fee of $50 will be assessed.  Both the balance due and late fee shall then be due and payable prior to the event.  (Note: Contracts entered into within 30 days of the event will require modified payment options and terms.)  Booking fees are non-refundable and non-transferrable.

Non-Payment:

In the event of non-payment, By Request retains the rights under the laws of the state of California to attempt to collect through the courts. Purchaser will be held responsible for all court fees, legal fees, bank fees and collection costs incurred by By Request.

Rental Security Deposit:

All rentals require an additional refundable security deposit of $150.  This security deposit is not included in your total.  Excluding buyout items and the actual flowers, the Purchaser acknowledges that all rental items are the property of By Request and shall be returned in the same condition in which they were received.  Similarly, By Request is not responsible for any items provided by the Purchaser.  The security deposit will be refunded upon confirmation of all rental items returned in their original condition.  The Purchaser understands that they will be charged for any damaged or missing items.

Order Changes:

The Purchaser agrees to inform By Request of any changes to the floral design order in writing no later than 30 days prior to event date. All changes to the order and/or agreement must be agreed upon by both parties.

Substitutions:

The Purchaser agrees to allow By Request to make any necessary substitutions due to product availability, quality issues, weather conditions/product tolerances and/or any other unforeseen circumstances.  In this event, the integrity of the proposed design/color scheme will be maintained and flowers/materials of equivalent value will be used.

Liability:

By Request warrants that our products and services will conform to the descriptions contained in the order.  Our maximum liability, whether by negligence, contract, or otherwise, will be limited to our option of either 1) repairing or replacing the materials as ordered; or 2) returning up to 50% of the amount paid by the customer, minus any service fees.  Under no circumstances will By Request be liable for specific, individual, or consequential damages.

Cancellation or Postponement:

If the Purchaser cancels or postpones the event, By Request must be notified immediately and no later than 30 days prior to the event.  If Purchaser fails to provide notification, or breaches the agreement, the Purchaser will be  liable for payment in full, per this contract to By Request, regardless of any services provided.  Purchaser further acknowledges that all deposits are non-refundable if the Purchaser cancels the event, or if By Request is unable to reschedule services due to obligations or pre-existing events. If By Request cancels the event, a refund to the Purchaser will be made, subject to deduction of any expenses incurred at the direction or request of the Purchaser.  Rescheduling of events must occur within 6 months of postponement and requires a non-refundable $100 rescheduling fee.

Force Majeure:

The ability of By Request to provide services is subject to proven detention by accidents, riots, strikes, epidemics, acts of nature, inclement weather or any other legitimate condition beyond their control.  Purchaser agrees that in all circumstances, liability shall be exclusively limited to an amount equal to 50% of the project fee and that By Request shall not be held liable for indirect or consequential damages arising from any breach of contract. It is understood that this is a “Rain or Shine” event. Air-conditioning for indoor events is greatly appreciated, however when working outdoors and the weather exceeds 90 degrees Fahrenheit in temperature, the Purchaser shall be responsible for providing cooling options for the benefit of the By Request staff.  This provision shall be dictated by the weather forecast published by www.weather.com on the date of the event.  By Request reserves the right, in good faith, to stop or cancel a project should weather or circumstance pose a potential danger to the By Request staff.  Every effort will be made to continue the project, however, safety is paramount in all decisions. Additionally, By Request will not be held liable for errors, omissions or loss of services due to computer viruses, glitches, or 3rd party service interruptions.  Compensation will not be affected by inclement weather, postponements, delays or cancellation caused by any of the aforementioned conditions.

Indemnification: 

Purchaser agrees to defend, indemnify, and assume liability for and hold By Request harmless from any claims, damages, losses, and expenses by or to any person, regardless of the basis, which pertain directly or indirectly to the project/event. 

Delivery, Setup & Removal:

Unless otherwise stated, delivery, setup & removal are provided at no additional charge.  Purchaser shall provide directions to the event and/or a mutually agreed upon drop-off location and specified time.  Purchaser ensures safe and appropriate working conditions which are free from obstacles and hazardous conditions.  Purchaser is responsible for paying any charges imposed by the venue, including but not limited to, parking, admission and/or service fees.  A labor fee may be charged at the rate of $50 per hour if additional staff is deemed necessary.  By Request requires access at least one hour prior to the event for setup and one hour after the event for takedown.

Safety, Injury & Damages:

In the event that circumstances are deemed unsafe, By Request reserves the right to cease providing services immediately.  If the Purchaser is able to resolve the threatening situation within a reasonable amount of time (maximum of 30 minutes), then By Request shall resume in accordance with the original terms of this agreement.  Purchaser shall be responsible for payment in full, regardless of whether or not the situation is resolved or the event resumes.  Purchaser shall be held liable for any injury or damages to the staff or property of By Request while on the premises, if the injury or damage was caused by the Purchaser, guests, associates, or anyone in attendance, whether invited or not.  Purchaser will hold By Request harmless from any and all legal action due to injury and/or losses.  Purchaser understands and agrees that all insurance coverages are the sole responsibility of the Purchaser.

Photos & Videos:

Purchaser agrees that By Request is allowed to take pictures and/or video recordings to be used for future marketing purposes.

Travel:

Events requiring travel beyond our primary service area of a 50-mile radius of Atascadero, California will be charged a travel fee of $50, plus $1 per additional mile (to be determined upon confirmation of distance and any associated tolls).  Engagements in excess of 75 miles require accommodations for overnight stay in a local hotel at the Purchaser’s expense.  Accommodations must be pre-approved.

Confidentiality:

Purchaser will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any information or trade-secrets that are proprietary to By Request.  Purchaser will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this agreement.

Governing Authority:

The laws of the state of California shall govern this agreement.  In the event of a lawsuit involving or relating to this agreement, Purchaser agrees that the venue will be in San Luis Obispo County.

Promise:

The parties hereby promise to abide by these terms and conditions and intend to be legally bound.