All clients who purchase Bloominous ("Consultant") products and services are governed by the following general agreement.
Retainer - An initial retainer may be required and secured prior to any services being performed by Consultant.
Contracted package - Includes all services described in selected package details reviewed and distributed to clients. Any additional services/products requested by the client incurred by consultant will be billed directly to client at cost. All services contracted cannot be deducted, but additional services can be added.
Expiration - Current event date is valid 1-week post origination date to secure services.
Provided Documentation – All documentation created and provided to client is owned and copy written by Consultant and cannot be used or given to any other 3rd party.
Hotel Accommodations – Rehearsal and Day of Wedding hotel accommodations (1 room with 2 double beds for 2 days or 2 rooms with 1 double bed for 2 days) are required within 10 – 15 miles of site in a safe location for all employees of Consultant working the events for any events located further than 40 miles from the studio.
Destination – For all weddings deemed as destination (taking place beyond 125 miles from studio), additional fees are applicable, such as round trip airfare, hotel stay for 4-5 days & 3-4 nights pending complexity, and car rentals from airport and back during the stay. All travel can be arranged by clients per specifications of Consultant or arranged by Consultant with agreement of payment invoiced.
Day of Management/Consultant – Will be a Lead Associate and team member of Consultant who will be present and manage day of activities.
Liability – It is understood that Consultant is only liable for services completed and provided by Consultant and cannot be held liable for the services of other contracted vendors. It is understood that in no event shall Consultant be liable for consequential damages of any kind.
Cancellation Policy – If event is cancelled, no portion of the fees paid to Consultant will be returned. If event is cancelled less than 6 months before date, 2nd payment will be required to compensate for hours of service already rendered and loss of event date. If the event is postponed, services contracted can be applied to a new date if available (refer to Postponement Policy).
Postponement Policy – If event is postponed, all services will cease at time of notification of postponement if no determined new date is provided. Payment schedule will be determined and readjusted post new event date notification. If client requires services to resume, post new event date being established, second payment will be required at time of service re-start.
Responsibility - Consultant is not responsible for Acts Of God, Natural Disasters, an Act Of Government such as A Declaration of National or Local Emergency, or Other Incidents Not within the control of the consultant, i.e. accident, death in the family, illness, pregnancy, or sudden tragic circumstance. In such a situation, consultant will obtain, upon approval of the client, a qualified professional replacement to fulfill consultant’s obligations under the contract, at no additional charge to the client.
Overtime – Additional unplanned and/or un-contracted services (such as, but not limited to, full redo of design, day of wedding extension of time, services outside of scope of agreement, management of non wedding day activities, etc) are considered overtime and will be billed with prior notification and consent at the rate of $130 per hour.
Costs - any purchased items on behalf of client for day of event or prior will be billed directly to client at cost of goods and mileage at $.52 per mile if extensive travel (beyond 25 miles) is required to be acquired.
Contracted Vendor and Payments - Any rentals and/or subcontracted vendors contracted on behalf of client will be paid in full to Consultant directly at requested deadline. Proper notice will be provided per cost.
Damage or Loss of Accessories – Client agrees to exercise all due care in caring for, and preserving the property of Consultant. Clients shall remain responsible for all loss or damage to rentals, up to and including actual replacement value for each missing or damaged item per cost.
Payment Method – For your convenience, payments can be made online via bloomnious.com using a valid credit card. Otherwise, payment is to be made by cash, check or Zelle.
Force Majeure - No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 3 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations 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 14 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.
Attorney - If legal action is necessary to enforce the terms of this contract the prevailing party shall be entitled to reasonable attorney fees in additional to any other remedies to which that party might be legally entitled.
a. Governing Law. This Agreement and the transactions contemplated hereby shall be governed by and construed under the law of the State of California.
b. Venue. Any dispute, controversy or claim arising out of or in relation to this Agreement, or at law, or the breach, termination or invalidity of this Agreement, that cannot be settled amicably by agreement of the parties to this Agreement shall be finally settled in accordance with the arbitration rules of JAMS then in force, by one or more arbitrators appointed in accordance with said rules. The place of arbitration shall be Los Angeles, California, U.S.A.
1925 Century Park East
The Watt Plaza
Los Angeles, CA 90067
c. Proceedings; Judgment. The proceedings shall be confidential and in English. The award rendered shall be final and binding on both parties. Judgment on the award may be entered in any court of competent jurisdiction. In any action, suit or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief awarded, the prevailing party’s reasonable attorneys’ fees and other fees, costs and expenses of every kind in connection with the action, suit or proceeding, any appeal or petition for review, the collection of any award or the enforcement of any order, as determined by the arbitrator(s) or court, as applicable. This Agreement shall be interpreted and construed in the English language, which is the language of the official text of this Agreement.
d. Class Action Waiver. Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither Client nor Bloominous will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.