Terms & Conditions
Reservation of Services: To reserve the services of Film and Foliage the contract must be signed and deposit paid. No booking is confirmed until payment is received.
Deposit: A non-refundable deposit of 30% is due with the signed contract. The deposit will be applied to your final balance.
Once the payment of the deposit has been made, order total cannot be reduced. All revisions after this point will result in reallocation of budget. Additions to order will be allowed but adjustments may be made to individual item prices based on material availability and costs.
Balance of Payment: The remaining balance can be paid in instalments or in a lump sum. The final payment needs to be paid at the latest 2 weeks before the event date. Failure to pay in a timely manner will be considered a termination of the contract and no delivery will be made.
Payments Accepted: Payments can be made with a bank transfer.
Cancellations: Should you need to cancel the booking, you will need to notify via email as soon as possible. If possible the booking may be transferred to another date, subject to availability with a minimum of 2 months notice. Cancellations after that time will incur a 50% cancellation fee.
Cancellations within 2 weeks notice remain payable in full.
Planning: As part of your order and at no additional charge, a total of 6 planning hours are provided. These hours include, but are not limited to, your initial consultation, research, written proposal, and revisions and related research. Additional planning time will be charged at $50/hr. Activities included in additional planning include but are not limited to research, revisions to order, additional meetings, conversations via email, phone or other methods for the purposes of design and/or event planning. Site visits are $50/hour, including travel time. Film and Foliage reserves the right to waive any fee and add additional consultation time for larger events or as deemed necessary by Film and Foliage.
Sole Florist: Film and Foliage will be the sole exclusive florist/floral décor provider for your event. Any designers will be direct employees or sub-contractors of the designated sole florist used at this event. By signing this contract the client agrees that no other person or company, including but not limited to caterer, coordinator, planner, event designer, baker, professional or otherwise, shall provide fresh or artificial floral products or décor for the client’s event without the written consent of Film and Foliage. This is to protect our professional reputation and to insure uniformity throughout your event. Any exceptions must be approved in writing by Film and Foliage and exceptions are at the sole discretion of Film and Foliage.
Rental Items: Unless Pack Down Service has been requested and paid for it is the responsibility of the client to arrange return of items to Film and Foliage at 7 James St Mayfield, Newcastle. A list will be sent to the client of the items required to be returned. Additional charges may be made based upon items returned and condition of returned items. If a rental item has been damaged or not returned the fee of the retail price + delivery will be charged per item.
Items Provided by Client: It is the Client’s responsibility to provide Film and Foliage with an accurate list including photos and exact sizes of all items you will be providing for us to use or set-up.Film and Foliage will take normal care of your items but is not responsible for any damage or breakage happening during handling or use. We recommend you provide extras of each breakable item in case such breakage occurs. All vases, containers, or other items must be provided in clean and water tight condition with no stickers or labels on them. All packaging must be opened and packing materials removed. Any fabric/ribbon/etc. must be pressed and clean. Any candles should be unwrapped and ready to be used. A fee in the amount of $50.00 per hour will be assessed and charged to your final bill for any cleaning services provided by Film and Foliage.
Specific instructions for placement of items must be provided to Film and Foliage no less than one week before event. If we are requested to provide additional on-site set-up of unlisted items a minimal additional fee of $50.00 per hour per on-site staff member of Film and Foliage will be charged.
Order Changes & Confirmation of Order: Changes to your order must be verified in writing. Pricing to your order will be adjusted accordingly. Client is responsible for reviewing order and notifying Film and Foliage of any changes. It is the client’s responsibility to verify that changes made to the order were received by Film and Foliage.
It is the responsibility of the customer to ensure that any item/s ordered are fit for their intended use.
Substitutions: All fresh products are subject to availability and freshness. While we prefer to use the flowers and varieties requested and/or listed on the order, due to the perishable nature of the product, substitutions are sometimes necessary. We reserve the right to make the needed changes without approval if deemed necessary to present our best and most creative work. We will take the utmost care to maintain style, theme and colour scheme while using flowers of equal or greater value. Accordingly, we also reserve the right to artistic license in design. This allows us to adjust to the peculiarities of the flowers used, serving you to the highest of our ability. If specific varieties of flowers are requested, Film and Foliage reserves the right to make substitutions to assure maximum quality for your event when such conditions affect availability. Flowers, as any natural product, may have variations in colour, size, fragrance, etc. Therefore, Film and Foliage in no way implies or contracts to exactly match a given shade, tint or hue of any colour. The flowers will be ordered as requested and florist will employ our professional knowledge and education to assure the colours are as close as possible to your choices within the constraints of time and your budget. Film and Foliage may substitute an item due to last minute changes or additions to order. The Client acknowledges that they may not be notified if substitutions are made.
Delivery and Set-up: The Set-Up fee includes the placement of bouquets in predetermined area and placement of all centrepieces, ceremony, aisle, reception and other flowers/décor/rentals ordered for unless otherwise specified. Delivery/Set-Up/Pick-Up to additional locations (i.e., hotel/home/church, etc.) not mentioned in the order will incur additional delivery fees. In the event of delays in completing the Set-Up or Pick-Up as planned, caused by such parties as but not limited to caterer, baker, venue, stylist, band, wedding party, a minimal additional fee of $50.00 per -hour per on-site Film and Foliage staff member will be charged.
Acceptance of Delivery: In the event the Client is not available during the scheduled delivery or pickup, the client will designate someone to accept/sign for the delivery and be sure all items requested are accounted for. Film and Foliage will not be held accountable if any florals/decor become damaged or missing due to failure to meet with the delivery person. The Client does hereby release from responsibility florist in the event The Client or Designated Person cannot be located or chooses to not sign-off delivery.
Venue: Rules and regulations of all event sites are the responsibility of the client. The client shall provide a copy of all pertinent rules to Film and Foliage..
Model & Photo Release: By signing this Contract, you expressly grant Film and Foliage permission to use photos from your event in various forms of advertising promoting florist and our services. Where images are provided by your contracted photographer, appropriate credit will be given. Film and Foliage may use and publish photographs of all persons, flowers and décor involved in the event for editorial, trade, advertising, web site use, or any other purpose and in any manner and medium that they see fit to promote Film and Foliage. Film and Foliage may, at our cost and discretion, document aspects of your event with photography, video and or written word with vendors of our choosing. This documentation is for our portfolio and for proof of vendor delivery.
Extreme conditions: Film and Foliage will make every possible effort to deliver flowers and other items ordered/rented for your event in a timely manner. However, Film and Foliage shall not be liable for delay or the inability to deliver flowers due to severe weather, traffic accident, road closures, landslides, floods or other acts of nature or war.
Incapacitation: In the event of the incapacitation of the head designer for the contracted event, a suitable replacement will be secured. If a replacement cannot be secured in time for the event, a refund of monies paid will be issued.
Liability: Film and Foliage will at no time be liable for more than the amount the client has paid for the event contracted. In the event of fire, natural disaster, tragedy or other emergency, liability is limited to refund of monies paid.
Responsibility: Film and Foliage’s Responsibility for care, maintenance, quality and/or longevity of all flowers and arrangements ends with the acceptance of possession and signature for possession by the client or their representative.
Arbitration: Any dispute or difference arising out of or in connection with this contract shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators. Unpaid fees by the client shall be exempt from arbitration and settled via Small Claims Court or other appropriate means.
Film and Foliage reserves the right to cancel this contract at any time if we feel that the obligations stated in this contract cannot be met.