Authority to sign - Each party has the authority to enter into this Contract and to perform all of its obligations under this Contract.

 

Modifications - The Client and the Business must agree to any changes to this contract in writing.

 

Consumer Guarantees - (a) Nothing in this Agreement is intended to exclude, restrict or modify the rights which either of the parties may have under the Australian Consumer Law. (b) A failure to comply with the Consumer Guarantee provisions under the Australian Consumer Law to the extent they apply to this Agreement, the Business' liability is limited to (at its election):(i) in the case of a supply of goods: (A) replacing the goods or supplying equivalent goods; (B) repairing the goods; (C) paying the cost of replacing the goods or acquiring equivalent goods; or (D) paying the cost of having the goods repaired; and(ii) in the case of a supply of services: (A) resupplying the services or (B) paying the cost of having the services supplied again.

 

Licensing - The Business promises that it holds all licenses necessary to perform the work, that such licenses are valid and effective as of the date any work is performed or services provided, and that all work performed or services provided will be done in compliance with all applicable federal and state , or local laws and regulations.

 

Details - The Client must provide to the Business in writing no less than 3 months prior to service date:(a) Client names, phone number, email address and residential address; (b) Emergency contact name, phone number and email address.

 

Payment methods - Payment will be made to the Business via cash, cheque, an approved payment card, or by any other payment method that is accepted by the Business.

 

Payment - The Business requires a non refundable retainer fee of 25% which is due by the date specified on the invoice issued to the Client by the Business. In the event of cancellation by the Client, the retainer paid is non-refundable due to the Business reserving their date on behalf of the Client. If the event is postponed due to any Acts of God, natural disasters or government law, the Business will reschedule the session at a later date that works for all parties. The retainer shall be applied towards the total cost of the service to be rendered unless this Agreement is cancelled under the termination conditions. If the full payment is not received by the Business by the date of the Event, the Business will not be expected to provide services at the Event. The full payment is due 30 days prior to the Event.

 

Expenses - The Business may request payment from the Client for any agreed upon, non-cancellable expenses or deposits. Expenses must be confirmed by the Client in advance by written letter, email or text message if additional payment is required.

 

Delivery and Set up - The Client is to provide the Business no less than 3 months prior to service date details of:(a) date and start time of the event(b) bump in and bump out times(c) address of the event(d) address of any other delivery location(e) any specific instructions or requirements of the venue**IF THE LOCATION/S, TIME, SPECIFIC INSTRUCTIONS OR REQUIREMENTS OF THE VENUE CHANGES BETWEEN NOTIFICATION AND THE SERVICE DATE, THE CLIENT MUST INFORM THE BUSINESS OF SUCH CHANGES

 

Ownership - The Client agrees that the hired item/s will only be used as agreed prior by the Business and that the hired item/s will not be used by any other persons for any other event. The Client also agrees that while the hired item/s are in possession of the Client the item/s will remain the property of the Business.

 

Replacement of Goods - The Client will reimburse the Business for reasonable expenses incurred by the Business for the replacement of goods in the provision of services under this Agreement subject to the Business making the Client aware of such expenses prior to them being incurred. This includes items such as floral vessels and wiring.

 

Event & Venue Changes - In the event that there are changes to the Venue, Event or services, the Business reserves the right to require additional payment or change fees. The Business may terminate this Agreement at their own discretion if they are unable to provide or complete their services due to these changes.Any changes must be approved by the Business in writing. If the Client requires changes that the Business is unable to provide, the Client is not entitled to any non-refundable fees.

 

Termination of contract - This Agreement may be terminated at any point by the Client or the Business before completion. Either party may end this Event for any reason by sending a writen notice to the other party. If the Client chooses to terminate this Agreement of their own volition, the Client is not entitled to any non-refundable fees.

 

Non-Performance - The Business agrees to provide services under the terms of this Agreement unless subject to legitimate incapacity due to sickness or unforeseen.accident. In the event that the Business is unable to meet the terms of this Agreement or cancels this Agreement, the Business will return any and all fees previously paid by the Client to the Business with the exception of any non-cancellable expenses.

 

Photography and Usage Rights - 1. Photography Permission: The Client grants the Business permission to photograph the item/s provided for the event. These photographs may be used for promotional purposes, including but not limited to, social media, website galleries, marketing materials, and other advertising2. Usage Rights: By signing this contract, the Client agrees that the Business retains the rights to use the photographs of the item/s hired for the aforementioned purposes. The Client acknowledges that no additional compensation or approval is required for such use.3. Client’s Rights: The Client retains the rights to their own personal photographs of the hired item/s and may use these photographs for personal purposes. The Client agrees to credit the Business when sharing or publishing any photographs that feature the hired item/s where applicable.4. Opt-Out Option: If the Client prefers not to have the invoiced item/s photographed for promotional use, they must notify the Business in writing at least 14 days prior to the event date. In such cases, the Business will make reasonable efforts to respect this request, although the Client understands that some incidental photography may still occur.5. Liability: The Business is not liable for any claims or disputes arising from the use of the photographs as described in this clause. The Client agrees to hold the Business harmless from any such claims.

 

Client Photo Submission - 1. Photo Submission Requirement: The Client agrees to provide the Business with photographs of the item/s on the event day where possible.2. Submission Deadline: The Client agrees to send the photographs to the Business within 1 week of receiving photographs from event photographer (if applicable). The client agrees to send these images via email to hello@thewildestbloom.com.au3. Purpose of Photographs: The photographs provided by the Client may be used by the Business for portfolio displays, marketing materials, social media, and other promotional purposes. The Client grants the Business permission to use these photographs for such purposes.4. Non-Compliance: In the event that the Client does not provide the requested photographs within the specified time frame, the Business reserves the right to proceed with other promotional materials without using the Client’s event images.6. Acknowledgment: By signing this contract, the Client acknowledges and agrees to the photo submission requirements outlined in this clause.

 

Permits and Licenses -Any permits, licenses, approvals or other variances required by the Business for the Event to provide services will be provided by the Client.

 

Severability - If a portion of this Agreement is found to be unenforceable, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Agreement is changed or disregarded because it is unenforceable, the rest of the Agreement is still enforceable.

 

Force Majeure - Neither the Business nor the Client will be held liable for any failure to provide their obligations under the Agreement where such breach is due to any of the following: war, invasion, natural disaster, national or regional emergencies, acts or regulations of public authorities, labour difficulties or strike, Acts of God, epidemic or any other legitimate cause beyond the reasonable control of the Business and the Client. When and to the extent such failure or delay is caused by or results from acts beyond the impacted party's reasonable control, the impacted party will give notice within 30 days of the Force Majeure Event to the other party. The impacted party shall resume their obligations of this Agreement as soon as reasonably practicable after the removal of the cause. In the event that the impacted party's failure or delay remains uncured for a period of 30 days following the notice given, the other party may therefore terminate this Agreement upon notice.

 

Governing Law - The validity, interpretation, construction and performance of this document shall be governed by the laws of Australia.

 

Warranty - No refunds will be provided for the work completed or services performed under this contract other than in accordance with consumer guarantees under Australian Consumer Law and as otherwise permitted by law.

 

Additional Charges for Unexpected Changes - The Client acknowledges that any changes to the original floral design or scope of services that result in additional costs beyond the initial quote may incur additional charges. Such changes include, but are not limited to, requests for more or different flowers, design alterations, or expanded services that were not included in the original agreement. If the Client requests modifications that exceed the agreed-upon quote, the Business will provide an updated cost estimate for approval. Any approved changes will be subject to additional charges, which will be added to the final invoice. Client agrees to pay for any additional charges incurred due to such unexpected changes.

 

Adjustment of Pricing Due to Wholesale Flower Cost Increases -Client understands and agrees that the pricing outlined in Client invoice is based on current wholesale flower costs. In the event that the cost of flowers or floral supplies increases due to changes in market conditions, The Business reserves the right to adjust the original pricing. The Business will notify the Client of any such price increases as soon as reasonably possible and will provide an updated cost estimate. Any increase in costs will be added to the final invoice and must be paid by the Client before the event date. Client agrees to accept these adjustments in pricing due to unforeseen increases in wholesale flower costs.

 

Arbitration - In the event of any dispute, claim, or controversy arising out of or in connection with this Agreement, the parties agree to attempt to resolve the matter through binding arbitration before pursuing any other legal remedies. The arbitration shall be conducted in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA) and shall take place in Sydney, New South Wales. The arbitrator’s decision shall be final and binding on both parties. Each party shall bear its own costs and expenses related to the arbitration, including legal fees, unless the arbitrator decides otherwise. The decision of the arbitrator may be enforced in any court of competent jurisdiction. If the dispute is not resolved through arbitration, the parties may then seek resolution through litigation in the courts of Sydney, New South Wales, as specified in the Venue & Jurisdiction clauses.

 

Changes to Floral Theme - The Client acknowledges that any requested changes to the agreed-upon floral theme, including but not limited to flower types, colours, or overall design, must be made at least one month before the scheduled event date. Requests for changes after this time may not be feasible and may result in additional charges or limited availability due to procurement and design constraints. The Business will make reasonable efforts to accommodate late changes; however, no guarantee can be made that such changes will be possible without incurring additional costs or affecting the quality of service. Any changes made after this time will be subject to availability and, if accepted, will be confirmed in writing.

 

Client's Responsibility to Secure Insurance - The Client acknowledges and agrees that the Business is not responsible for any damages, losses, or accidents that may occur during the event. Client is strongly encouraged to secure event insurance coverage for the event, including but not limited to coverage for potential damage or loss to floral arrangements, rented items, or any property used for the event. This insurance coverage should include, but is not limited to, coverage for theft, fire, accidents, or any other unexpected event that may occur. The Business does not provide insurance for the event and is not liable for any damages, injuries, or losses occurring on the day of the event. The Client agrees to obtain appropriate event insurance for the event date and provide proof of such coverage upon request.

 

Communication - The Client agrees to maintain clear and ongoing communication with the Business throughout the planning and execution of the event. Both parties will provide timely responses to emails, phone calls, and any other forms of communication to ensure that all details, preferences, and changes are accurately addressed and understood. The Business will make every effort to respond to all inquiries within 3 business days. The Client is encouraged to reach out promptly with any questions, concerns, or changes to the original floral design, event details, or logistics. Any major changes or requests should be communicated as early as possible to ensure availability and to avoid any potential issues. Both parties agree that effective communication is essential for the successful execution of the event.

 

Counterparts/Facsimile Signatures - This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile or electronic signatures, including but not limited to those sent via email or through an electronic signature platform, shall be deemed to have the same legal effect as original signatures for the purposes of executing and enforcing this Agreement.

 

Entire Agreement - This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether written or oral, between the parties. No amendments, modifications, or additions to this Agreement shall be valid unless made in writing and signed by both parties. By signing this Agreement, Client acknowledges that they have read, understood, and agree to all the terms and conditions set forth herein.

 

Exclusive Florals - Client agrees that The Business will be the sole and exclusive provider of floral arrangements for the event. Client agrees not to hire or use any other florist or floral service for the event, including for any other floral arrangements, decorations, or accessories, unless agreed upon in writing by The Business. Any violation of this clause may result in additional charges or penalties, and The Business reserves the right to withdraw from providing floral services for the event if this agreement is breached.

 

Floral Style of the Business & Discretion - The Client understands and agrees that the Business is utilised for flowers based on the floral style of the Business. The Business will make reasonable effort to adhere to the floral instructions received from the Client and the Client agrees to allow the Business to have creative control if floral substitutions or design changes are required.

 

Headings - The headings used in this Agreement are for convenience and organization purposes only and shall not be used to interpret or affect the meaning or scope of any provision. The provisions of this Agreement shall be construed without regard to the headings, and the headings shall not be deemed part of the Agreement for purposes of legal interpretation.

 

Inclement Weather - The Client acknowledges that floral arrangements are sensitive to weather conditions, and The Business will make every effort to protect the florals from damage due to inclement weather. In the event of extreme weather conditions (such as heavy rain, high winds, or extreme temperatures) on the day of the event, The Business will work with the Client to determine the best course of action to protect the flowers, including but not limited to relocating arrangements to sheltered areas or providing alternative designs. If the event is held outdoors, Client agrees to provide a suitable sheltered space for floral arrangements to be placed, or agrees to move forward with alternative indoor floral arrangements should weather conditions make outdoor placement unsafe or impractical. In cases where flowers cannot be protected or displayed as originally intended due to unforeseen weather conditions, the Business will not be held liable for any damage or loss to the floral arrangements. Should the Client request an outdoor setup and does not provide shelter, the Business cannot be held responsible for any damage or deterioration caused by the weather, and no refunds or adjustments to the final payment will be made in the event that weather negatively impacts the florals.

 

Indemnification - The Client agrees to indemnify, defend, and hold harmless the Business, its employees, contractors, agents, and affiliates, from and against any and all claims, lawsuits, damages, liabilities, costs, and expenses, including legal fees, arising out of or in connection with any third-party claims, actions, or demands related to the event, the use of floral arrangements or other services provided, or any negligence or misconduct by the Client or their guests. This indemnity includes, but is not limited to, claims arising from property damage, personal injury, or any other incident that may occur during the event, whether caused by the Client, their guests, or any third-party vendor hired by the Client. Client acknowledges that the Business is not liable for any claims arising out of circumstances beyond the Business's control, including accidents, injury, or damage caused by third parties.

 

Liability - The Client agrees that when in possession of the hired item/s any injury sustained whilst lifting/moving the hired item/s is not caused by the Business and the Client will not hold the Business legally responsible for such injuries. The Client takes full responsibility for their own health whilst in the possession of the hired item/s

 

Limitation of Liability - The Client agrees that the Business shall not be liable for any exemplary, punitive, or consequential damages arising out of or in connection with the services provided under this agreement. In no event shall the Business's liability exceed the total amount paid by the Client under this agreement for the specific services that gave rise to the claim. This limitation of liability applies to any claims, damages, losses, or expenses incurred by the Client, including those resulting from the Business's negligence, breach of contract, or any other legal theory. Client acknowledges that this limitation of liability is a fundamental part of the agreement and reflects the agreed-upon allocation of risk between the parties.

 

Maximum Damages - The Client agrees that the total liability of the Business for any claims, losses, or damages arising from this agreement, regardless of the cause of action (whether in contract, tort, or otherwise), shall be limited to the total amount paid by the Client under this agreement. In no event shall the Business be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits or reputational damage, even if the Business has been advised of the possibility of such damages. Client acknowledges and agrees that the total amount paid for floral services is the sole and exclusive remedy in the event of any claim or dispute.

 

Notice - Any notice, request, or communication required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by email (with confirmation of receipt), or mailed by registered or certified mail, postage prepaid, to the address or email provided by the Client and the Business at the time of signing this Agreement or any subsequent address or email provided in writing. Notices to the Business shall be sent to Mid Cottage, 122 Prince Charles Parade, Kurnell and/or hello@thewildestbloom.com.au and notices to the Client shall be sent to the address or email specified in writing by the Client. Either party may change the notice details by providing written notice to the other party.

 

Safe Working Environment - If at any stage the Worker of the Business sees any signs of being in harm's way due to the actions of any persons at the venue, the Business reserves the right to leave immediately as personal safety is paramount.

 

Scope of Service - The services to be provided by the Business under this Agreement are as set forth in the invoice provided to the Client, which shall be incorporated by reference into this Agreement. The Client agrees that the details of the floral arrangements, designs, and any other services or items will be specified on the invoice, and those services will be subject to the terms and conditions of this Agreement. Any changes to the scope of services must be agreed upon in writing by both parties and may result in additional charges.

 

Transfer of Agreement - The Client agrees that this Agreement and any rights or obligations hereunder are personal to the Client and may not be assigned, transferred, or subcontracted to any third party without the prior written consent of the Business. Any attempt to transfer or assign this Agreement without such consent will be deemed void and unenforceable. The Business reserves the right to withhold consent at its sole discretion. This clause is intended to ensure that the Business can maintain control over the quality and delivery of services as agreed upon with the Client.

 

Vases and Additional Floral Items - The Client acknowledges that any vases, containers, and other floral items provided by The Business for the event are either rented or supplied by The Business, and remain the property of The Business. The Client agrees to handle all rented items with care and return them to The Business in the same condition as they were provided. A refundable deposit may be required for the rental of these items, which will be refunded upon return in acceptable condition. Any items not returned or returned in damaged condition will be charged at full replacement cost.If the Client chooses to use their own vases, containers, or other items for the floral arrangements, The Business will not be responsible for the quality, safety, or suitability of those items. The Business reserves the right to refuse the use of items that do not meet safety or aesthetic standards. Client understands that The Business is not liable for any damage to or loss of Client’s items during the event setup, display, or removal.

 

Venue & Jurisdiction - Any disputes, claims, or legal actions arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of New South Wales (NSW), Australia, without regard to its conflict of laws principles. The exclusive venue for any such disputes shall be the courts located in Sydney, New South Wales, and both parties consent to the jurisdiction of such courts. The Client and the Business agree to submit to the personal jurisdiction of these courts for the resolution of any legal matters related to this Agreement.

 

Venue and Location Limitations - The Business is limited by the venues rules and are unable to do anything for the Client that would go against any regulations put in place by the venue.