This Professional Services Agreement ("Agreement") is made and entered into on [Date], by and between Stem Atelier Co ("Florist"), a provider of bespoke floral design services, and the undersigned client ("Client") who has engaged Florist's specialised services.

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1. PARTIES

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This Agreement is entered into between Stem Atelier Co and the Client.

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2. QUOTATIONS

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We will provide you with a Quotation for the Event. All Quotations are valid for thirty (30) days unless otherwise agreed. Should you wish to change the Event Date of your Booking, the new date must fall within twelve (12) months of the original date to retain the original quoted prices. It is imperative that you review the flower breakdown in the Quotation before accepting and remitting your Booking Fee. Occasionally, we may need to adjust our Quotation due to cost fluctuations beyond our control, such as shipping and wholesale flower prices. In such instances, we will promptly notify you of any necessary amendments.

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3. PAYMENT TERMS

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Payment for services rendered by Florist shall be in accordance with the terms stipulated in the Proposal. A deposit amounting to twenty percent (20%) of the total cost is required to secure the booking. The remaining balance is to be settled two (2) weeks prior to the scheduled event date. Payment can be made by cash, bank transfer, or credit card. A 1.5% surcharge will apply to all credit card transactions.

If the Client fails to pay the remaining balance by the due date mentioned in the Agreement, the Florist may terminate this Agreement and any further services. In such cases, the deposit will be forfeited, and the Client will be responsible for any costs incurred by the Florist up to the point of termination.

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Please note that there is a minimum spend requirement of $3000 for all weddings and events with Stem Atelier Co.

 

4. YOUR OBLIGATIONS

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You agree to provide us with various information for your Booking ("Information"). You represent and warrant that:

• All Information provided is current and correct (any updates must be promptly communicated to us, including changes in Event Dates, timing, and Venue).

• You will respond promptly to any of our requests for further information.

• Any personal information provided for your Booking is subject to our Privacy Policy, which you can review [here](link to privacy policy).

• Additional Fees will be charged for any extra services required on the Event Date.

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Failure to respond within fourteen (14) days to our communication may result in forfeiture of your Booking.

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5. TRAVEL AND PARKING

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Parking must be provided for us at the Event. In the absence of provided parking, all parking fees will be invoiced to you. It is essential to inform us of the parking arrangements to ensure our timely arrival. Additionally, a Travel Fee may be charged for travel to and from the Venue.

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6. TIMING

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While we strive to adhere to all time requirements, we rely on your cooperation to promptly notify us of any delays or timing issues. Additional Fees may be charged if the Services require extra time.

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7. REPRESENTATIVE

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You must designate a representative capable of accepting delivery and confirming the services on the Event Date, including style, freshness, and specific flowers. Risk of the flowers and décor transfers to you upon delivery.

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8. VENUE PERMISSIONS

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You must secure all necessary permissions from the Venue regarding décor/hire items and floral installations, including items such as open flame candles, stakes in the ground, hanging installations, or other unconventional setups.

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9. SUBSTITUTIONS

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You acknowledge that flowers and foliage are natural and perishable items that may become unavailable at short notice due to weather, off-seasons, or unforeseen circumstances. Therefore, we cannot guarantee specific selections and may substitute flower colours, types, or décor/hire items with similar alternatives. We will make reasonable efforts to match any discussed themes, styles, and colour schemes.

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10. DÉCOR

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If you hire décor, all items must be returned in clean condition within forty-eight (48) hours of the Event unless otherwise agreed. Any lost, damaged, or stolen items will incur Replacement Costs charged to your provided credit card. For décor provided by you, ensure all vases and vessels are watertight, and any structures are securely anchored into the ground.

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11. CANCELLATIONS

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In the event of cancellation by the Client, the deposit is non-refundable. If the cancellation occurs within two (2) weeks of the event date, the full amount is payable and non-refundable.

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12. CHANGES/VARIATIONS TO YOUR DESIGN

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Any desired changes to your floral design must be communicated via email to hello@stematelier.com.au before the Final Payment Date. No changes or variations may be made after that date. Decreases in costs may result in a reduction of up to 10% in total Fees, provided the Minimum Spend is maintained.

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13. TRANSFERS, POSTPONING, AND REFUNDS

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Requests for transfers to other Event Dates and times are at our discretion and subject to availability. Please contact us at hello@stematelier.com.au to request a transfer. A Transfer Fee and amended Fees may apply, including in cases of transfer or postponement due to COVID-19. All Booking Fees and other Fees are non-refundable, with exceptions detailed in our policy.

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14. CONSUMER GUARANTEES

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You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law, including refunds in certain circumstances. Please notify us immediately if you are dissatisfied with the Services provided.

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15. MARKETING

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You grant us permission to photograph and/or video the events for marketing and informational purposes, including but not limited to social media, brochures, websites, and advertising. Publication of any materials requires prior written consent.

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16. TERMINATION

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We reserve the right to refuse Services, suspend, or terminate offerings at any time, particularly in the event of a breach of this Agreement. We will endeavour to notify you of any changes to our Services.

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17. LIABILITY AND INDEMNITY

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To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of the Services, including errors or omissions, changes, completion times, or faulty décor. You agree to indemnify us from any Claims arising from your breach of this Agreement.

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18. FORCE MAJEURE

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In the event of a Force Majeure Event, we are not considered in breach of this Agreement. We will not incur liability for any Loss or Damage incurred in connection with such an event.

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19. DISPUTE RESOLUTION

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Confidentiality is crucial to our reputation, and all communications or discussions regarding disputes shall remain private. Disputes shall be resolved through mediation or arbitration, with each party bearing their own costs.

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20. OTHER

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This Agreement is governed by the laws of QLD, Australia. It constitutes the entire agreement between the parties, supersedes any prior agreements, and prevails over conflicting terms. Severability provisions apply, and all obligations survive termination.