Flourish Artistic Design
Purpose of the Agreement
The Client wishes to hire Flourish Artistic Design (Henceforth simply called ‘Flourish’) to provide services relating to Client’s calligraphy needs as detailed in this Agreement. Flourish has agreed to provide such services according to the terms of this Agreement.
Flourish shall provide Client with the agreed upon items outlined in Client's invoice/Etsy listing.
Location and Delivery of Services
Location. Vendor shall deliver Services to Client at the location specified according to the ordering. Not to the guests’ personal addresses. The Client is responsible to provide postage for their envelopes, not the sender, unless otherwise agreed upon.
Delivery of Services. Vendor will provide all services by two weeks prior to event unless otherwise specified in this Agreement. When the provided services are tied to the number of guests that Client expects to attend Client's wedding or other event, Client agrees to notify Flourish with an accurate guest count.
Cost, Fees and Payment
Cost. The total cost ("Total Cost") for all Services is due in full before production is to begun. Client shall pay the Total Cost to Vendor as follows:
The next step in your order process will not begin without first receiving your acceptance of the contract and your contracted payment. If payment is delayed, continuation of your order will also be delayed. Unless otherwise specified, all subsequent balances due are payable upon the completion of your project. Final payment is due prior to the finished product being shipped to the client. If final payment is not received, your product will not be shipped until payment is received, regardless of your contracted mail or estimated completion date.
All shipping costs and GST costs will be totaled onto your final invoice. If the product is needed quickly, the rush shipping fee will be reflected on the final invoice.
If there are any minor adjustments such as actual postage or number of envelopes addressed, your final payment will be adjusted. The difference resulting in any increase balance owed will be reflected in the amount of your final payment due.
FOR LARGE CALLIGRAPHY ORDERS:
Once a final quantity has been contracted and supplies have been ordered, that number is not subject to decrease. If the number drops, please contact us immediately. If supplies have already been ordered, you may be able to apply the dollar difference to additional pieces or to a future payment, depending on the nature of the project. If the nature of the project does not allow for this, you may forfeit the remaining difference.
Exclusivity. Client understands and agrees that he or she has hired Vendor exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Vendor hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law, whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Flourish and may be used in the reasonable course of Flourish’s business.
Permitted Uses of Product(s). Flourish grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Vendor with attribution each time Client uses Vendor’s property. Personal use includes, but is not limited to, use within the following contexts:
In photos on Client’s personal social media pages or profiles; or
In personal creations, such as a scrapbook or personal gift; or
In personal communications, such as a family newsletter or email or holiday card.
Calligraphy Artistic Release
Style. Client has spent a satisfactory amount of time reviewing Flourish’s work and has a reasonable expectation that Flourish will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Consistency. Flourish will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Flourish's current portfolio and Flourish will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
Every client and wedding is different, with different tastes, budgets, and needs;
Services are often a subjective art and Flourish has a unique vision, with an ever-evolving style and technique;
Flourish will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
Although Flourish will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Flourish shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with Flourish's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
Envelopes. The nature of hand-addressed envelopes will vary from that of printed addresses. Each address will vary depending on the letters, length of names, street names, city, and state lengths and visually appear different from one another when compared. Addresses will 4-5 lines of text will look different from those with fewer. Please have this expectation set when ordering hand calligraphy. Each envelope is a single work of art, and must be appreciated as such.
Please see my specifications on preparing your address list. Your addresses will be written EXACTLY as they appear on your address list. I will not make etiquette or spelling corrections. If you would like us to prepare your list for calligraphy, a $125 fee will be added onto your final invoice. Please deliver the address list in a Word document.
Post. Canada Post and other postal services read envelopes electronically. Due to the nature of calligraphy, some addresses or calligraphy styles will be more or less difficult to read when put through the post, as is the nature with any hand written address. Any address that can not be read by machine will likely be hand inspected. If the address still can not be delivered, it will be returned to the address of the return. Flourish is NOT responsible for resending, reprinting or reimbursing for invitations or addresses that do not make it to their intended address. As with any mass mailing, you are likely to have 1-3% of your pieces be undeliverable. Please check your address list carefully to ensure all your addresses are correct to minimize this effect. You may wish to order an additional 3% of your pieces to ensure additional pieces are available if needed for remaining.
If Flourish is addressing and posting your pieces, I guarantee that each address you provide goes into the mail. Any mail not received by it's intended recipient is NOT under the liability of Flourish. If any pieces need to be re-mailed, you may either mail the piece yourself from the excess mailed back to you upon the completion of the project, or pay Flourish to print, address and re-mail the additional pieces at the 25% reprinting fee.
If at any time, the job changes to an extent that substantially alters the specifications as described in the original estimate, we will submit a proposal revision memo to you and a revised fee will be agreed upon by both the Client and Flourish before we will more forward with the project.
Please note that the more rounds it takes, the longer your completion date will be pushed back. Please aim to make your proofing changes in under 3 rounds, or your mail date will have to move back by 1 week or more for each round. I estimate the completion time of each project and base workflow on that average. If proofs or information is not turned around in a timely fashion, your workflow may be subject to interruption by other standing projects.
It is extremely important that you thoroughly check your proofs for correct times, dates, and spelling of all words, including names and places, in addition to the design elements. Once final approval for the Final Proof is received, you are giving Flourish the permission to create all pieces as they appear on your Final Proof. Once approved, no changes can be made and Flourish will not be held responsible for any errors found after your approval.
Please note that individual piece may vary slightly because of the handmade nature.
Limit of Liability
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Flourish shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Flourish and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Flourish provides to Client.
Cancellation, Rescheduling and No-Shows
Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Flourish to render Services due to the fault of the Client or parties related to Client, such as failure of the event to occur or failure of one or more essential parties to the event to show up in a timely manner, Client shall provide notice to Flourish as soon as possible via the Notice provisions detailed in this Agreement. Flourish has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Flourish to provide the Services due to the fault of Client (or parties related to Client), and Flourish will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the event, or should it become impossible for Flourish to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Flourish is able to secure another, unrelated client for, then Flourish may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.
Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Failure to Perform Services. In the event Flourish cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and Excuse Client of any further performance and/or payment obligations in this Agreement.
Governing Law. The laws of govern all matters arising out of or relating to this Agreement, including torts.
If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Merger. This Agreement constitutes the final, exclusive agreement between the parties and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.
This agreement and payment is provided through payment schedule is made effective upon the date of purchase by and between client and Flourish for the purpose design as stated in this agreement. Please print, sign, and return this contract. For clients accepting via email please reply with the following statement:
Upon purchase, Client agrees to all terms and conditions contained in this contract and authorize Flourish Artistic Design to begin work on this contract as well as to collect payment for the service described therein.