The Florist Agreement
The Florist Agreement
The legal concerns that a florist must deal with have always fascinated me: you have a harder job than most, in that you’re creating a final product for your client that they won’t be able to see until the job’s complete.
However, florists have unique concerns that they must protect themselves from. For example,
what happens if the flowers the bride requests are out of season, or bloom late?
What happens if the product wilts before the event?
What about if you’ve set everything up beautifully for the wedding, but a guest knocks over the arrangement?
More than most vendors, you must take extra precautions to manage the expectations of your client, and the only way to safely do that is through a solid florist agreement.
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Who is entering into the agreement and the purpose of the agreement
Services to be provided, and goods to be delivered, including a pre-event consultation
What happens if the client choice of flowers, budget, or order specifications changes
Payment policies (initial payment, retainer/deposit, final payment, refunds, etc.)
Thorough description of the delivery, set up, pick-up services to be included or option for the client to choose the self-transport and pack-up option
Are containers or vases provided and if yes, when they are due to be returned
Hourly fees for installation by the florist and any of their team members
Travel and overnight stay requirements and fees
Agreement by the client that they understand you work with live product and cannot guarantee the shape, size, and particular shade of any flowers ordered or requested
Option for the client to receive tester arrangements prior to the event
Option for the florist to change the quoted price if the current market rate of the requested flowers changes between the quote and delivery of the arrangements
Who is responsible for for broken or damaged flowers caused by someone other than florist
What happens in the case of inclement weather
Agreement to give you the Florist creative license based upon the your specialized skill and talent
What happens in the situation that the venue has rules or guidelines that impact your ability to perform your floral services
Duties of the client, including providing information a defined period of time before the event, contact information, and cooperation
Who owns the copyright and intellectual property rights
Request for the use of photos taken by the photographer of the arrangements
Permission to use photos for promotional purposes
Request for credit of any photos/videos/media posted online including the florists creations
Agreement on exclusivity, that the client will not hire any other service provider to provide the same service
What happens in the event of the client cancelling, rescheduling or terminating the agreement
Requirement of reimbursement for the time spent on the services if the client cancels
What happens if you are unable to perform the services due to incapacitation
Standard legal clauses including: Representations and warranties, limitation of liability, release, dispute resolution, compliance with law, amendments, assumption of risk, indemnification, merger, and force majeure
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This is an essential contract for any Florist who is providing services to clients.
This agreement defines the relationship between you and your client and will start your work together off on the right foot, with clear expectations on the responsibilities of both parties.
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