The Floral Installation Workshop with The Floral Coach® and Sweet Root Village
July 24-26, 2024
Attendee Terms and Conditions:
This is a legal contract between Amy Nicole Floral LLC DBA The Floral Coach, and Sweet Root Village LLC (“The Workshop”, “Workshop”, “Educators” or “We”) and you (“Client”, “I” or “You”) (collectively, the “Parties”); by completing the purchase of your ticket, you agree to all of these contract terms.
In consideration of the mutual promises, covenants, and considerations herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto covenant and agree as follows:
TERMS
The Workshop
The Workshop will be held on July 24-26, 2024 at 4570 Eisenhower Avenue, Alexandria, VA 22304.
The Workshop will be held in person, and will include instruction on large scale floral installations and the process behind pricing, designing, and executing them onsite at events. Individual hands-on designing and demos will be included.
Your ticket includes two 90 minute virtual group mentoring sessions with The Educators and other Workshop attendees that will take place on TBD dates in the months following the Workshop.
Your ticket includes access to online course content by the Educators that is outlined in the sales page and is subject to change.
We reserve the right to change the location of The Workshop at any time and will notify Client in a timely manner. The Workshop is not responsible for additional costs incurred to the Client based on a location change.
Transportation and Lodging.
You will be responsible for transportation to and from The Workshop. We will be sending out our top picks for places to stay nearby each location to make getting to each respective location easy.
Lodging. Accommodations and travel are not included.
Payment Terms.
Payment. To reserve your seat at The Workshop, you will be required to pay the Workshop fee (“Fee”) in full no later than June 30, 2024. The total Fee is a non-refundable payment ("Payment") of $4,250. Payment plans are available through the website platform to purchase tickets for 3 payments of $1,425. If all payments are not completed by June 30, 2024, then your seat is forfeited and all other payments made are non-refundable.
Due to the nature of this event, this amount is non-refundable. The ticket is transferable.
Late or Unpaid Fees. If any amount is unpaid within ten (10) business days of the original purchase date or other agreed-upon due date, The Workshop reserves the right to terminate this Agreement without any further obligation or liability, and you further agree that any such amounts previously paid to The Workshop shall be deemed earned compensation. You also agree not to dispute these charges with your credit card company, so long as the transaction is in line with the terms in this contract.
Payments. All payments made under this Agreement are nonrefundable. The Workshop is entitled to the total amount due under this Agreement.
Cancellation, Termination or Rescheduling.
Termination of Agreement. Shall either Party wish to terminate this Agreement for any reason other than a breach of the terms of this Agreement, or cancellation of the Event, change of heart, or date change/postponement of the Event, The Workshop shall not return any unearned fees, if any, paid up to the point of termination, and The Workshop will have no further obligation to you. Termination of this Agreement will be effective upon receipt of written notice by the receiving Party.
The Workshop reserves the right to cancel the Event if a minimum number of five tickets are not sold. The Workshop would issue a full refund and not be liable for any expenses Client incurred as a result.
Cancellation by Client. If you decide to cancel your attendance to The Workshop, you may do so at any time. However, you must provide the Workshop with written notice. Such termination will be effective upon receipt of the Notice, and the Workshop will be entitled to retain the non-refundable Payment identified in Section 2 (Payment Terms) of this Agreement, regardless of when the Workshop receives Notice of cancellation, as well as any subsequent payments made by you prior to The Workshop’s receipt of the Notice.
Intellectual Property. You acknowledge that The Workshop owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos that may be used during the Workshop, or any related website or forum hosted on any platform by The Workshop. The Workshop hereby grants you permission to use The Workshop intellectual property for your own personal use only. You agree not to copy, share, sell, or distribute any of these materials. If you or your employees or agents copy, share, sell, distribute, or use The Workshop materials in any way not authorized by The Workshop, you agree to pay liquidated damages of five (5) times the total contract price to The Workshop.
Consent to Use Your Image. I consent to the use of my image or likeness in photographs, videos or recordings, whether altered or unaltered, taken at The Workshop for use by The Workshop in any media now known or unknown, and I waive and release any right to compensation and/or damages with respect to the use, display, distribution or other publication of such photographs, videos or recordings.
License Grant to Use My Photos, Videos, or Recordings. I grant The Workshop an unlimited, non-exclusive, perpetual right and license to use any and all photographs, videos, recordings or other records of The Workshop I may create or capture, in any media now known or unknown.
Confidentiality. Parties will treat and hold all confidential information of or relating to this Agreement, details of the The Workshop and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (herein “Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.
Liability for Third Party Advice, Opinions, Etc. The Workshop provides general information only, and does not provide any financial, legal, medical or psychological services or advice. None of the content on The Workshop websites, social media, or any other channels prevents, cures or treats any mental condition. You are responsible for your own business and decisions, choices, actions and results. The Workshop disclaims any liability for your reliance on any opinions or advice contained in The Workshop websites, social media, or any other channels.
DISCLAIMER. The Workshop cannot, and does not, guarantee particular results. The Workshop disclaims all warranties, express or implied, to the fullest extent permissible by applicable law. The Workshop will not be liable for any damages from your use of, or inability to apply, information provided by The Workshop.
Representations and Warranties. The Workshop represents and warrants to you that (a) it has the right to enter into this Agreement, to grant the rights granted herein and to perform fully all obligations in this Agreement; (b) The Workshop’s obligations under this Agreement does and will not conflict with or result in any breach or default under any other agreement; (c) The Workshop has complied with all federal, state, and local laws requiring business permits, certificates, and licenses required to carry out the services to be performed under this Agreement. Both Parties represent and warrant that the signatures at the end of the Agreement are authorized on behalf of the respective party.
Limitation of Liability. You agree that to the fullest extent permitted by law, THE WORKSHOP’s MAXIMUM TOTAL LIABILITY FOR ANY CLAIMS, BREACHES OR DAMAGES BY REASON OF ANY ACT OR OMISSION, INCLUDED BREACH OF CONTRACT AND NEGLIGENCE, WITH THE EXCEPTION OF SECTION 4, SHALL BE LIMITED SOLELY TO THE DOLLAR AMOUNT OF THE FEES PAID BY YOU TO THE WORKSHOP. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE WORKSHOP SHALL NOT BE LIABLE FOR ANY CLAIMS FOR PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES, EMOTIONAL DISTRESS, MENTAL ANGUISH, LOST PROFIT, LOSS OF ENJOYMENT, LOST REVENUES AND/OR REPLACEMENT COSTS. You acknowledge and agree that these limitations reflect a fair allocation of risk.
ADDITIONAL TERMS AND CONDITIONS
General Terms. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise. Requests, demands, and other communications under this Agreement shall be in writing, and shall be deemed duly given if sent via the Notice Provision below. If any of the provisions of this Agreement are deemed to be invalid, illegal, or unenforceable, the provisions shall remain in effect to the extent allowed by law and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The performance of any condition or obligation imposed on a party under this Agreement may be waived only in writing by you or an authorized official of The Workshop, and only to the extent stated in such writing. Headings and subheadings herein are for the convenience of the parties only, and no special meaning will attach to the headings. This Agreement will be deemed made in and governed by the laws of the state Virginia, without application of its principles regarding conflicts of law. The Workshop shall not be responsible for its failure to perform its obligations under this Agreement caused in whole or in part by events beyond its reasonable control. The Limitation of Liability Section shall survive the expiration or termination of this Agreement.
Dispute Resolution. Mediation: If a dispute arises under this Agreement, the parties agree to first submit the dispute to a mutually agreed-upon mediator in Fairfax County, Virginia. Any costs and fees other than attorney fees associated with the mediation will be shared equally between the parties. If the dispute is not resolved within ninety (90) days after it is referred to the mediator, the Parties agree that the matter may be resolved in a court of law. If any court action is necessary to enforce this Agreement, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled
Compliance With Law. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
Amendments. The parties may amend this Agreement only by the parties’ written agreement with proper Notice.
Assumption of Risk. Client and related parties / participants expressly assume any risk of services and related activities as described herein.
Waiver. The failure of any Party to require strict compliance with the performance of any obligations and/or conditions of this Agreement shall not be deemed a waiver of that Party’s right to require strict compliance in the future or construed as consent to any breach of the terms of this Agreement.
Indemnification. To the extent permitted by applicable laws, both The Workshop and you agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever, including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
Merger. This Agreement (including attachments Exhibit A: Waiver) constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties.
Force Majeure. 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: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, 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.
Notice. All notices, requests, claims, demands and other communications between the parties shall be in writing. All notices shall be given (a) by delivery in person, (b) by a nationally recognized next day courier service, or (c) by first class, registered or certified mail, postage prepaid, to the address of the party specified in this Agreement or such other address as either party may specify in writing (d) email to amy@thefloralcoach.com or thevillage@sweetrootvillage.com. Such notice shall be effective upon (a) the receipt by the party to which notice is given, or (b) on the third day following mailing, whichever occurs first. Parties shall provide effective notice (“Notice”) to each other via either of the above methods of delivery at the date and time which the Notice is sent.
Counterparts and Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and which collectively shall constitute one agreement. Use of fax, email and electronic signatures shall have the same force and effect as an original signature.
By completing this purchase, I assert that I have read, understood and agreed to this entire document.
Ex. A: WAIVER
ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
The following must be carefully read and signed in consideration of being permitted to participate in any portion of the in-person Workshop. As used in this Waiver, the term “Releasees” is defined to include the following: (i) The Workshop, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, successors and assigns (collectively, “The Workshop” or “Workshop”); (ii) any Workshop employees or volunteers; and (iii) any guest speakers.
Assumption of Risk and Release from Liability. I acknowledge that, by engaging in The Workshop, I voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property. I release, covenant not to sue, and hold Releases harmless for any and all liability to me, my personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether known or unknown, arising out of or connected with my attendance or participation in The Workshop, whether or not caused by the active or passive negligence of the Releases.
In the event that the release and hold harmless provision is held unenforceable for any reason, I agree to limit any damages claimed to the total paid to The Workshop for The Installation Workshop, whether paid by me or a third party.
Safety and Medical Care. I am able to safely participate in The Workshop and have no medical condition that would make my participation in The Workshop more hazardous. I consent to medical care and transportation in order to obtain treatment in the event of injury to me as The Workshop, volunteers or medical professionals may deem appropriate and understand that this Waiver & Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
Following Rules, Instructions. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by The Workshop through its employees, representatives or agents and to abide by any decision of any Workshop staff or volunteers, or Workshop vendors or contractors, relative to my ability to safely participate in or attend The Workshop.
Appropriate Behavior; Dismissal Without Refund. I understand and agree that I am expected to exhibit appropriate behavior at all times while at The Workshop and to obey all local, state and federal civil and criminal laws while participating in or attending The Workshop. This includes, generally, respect for other people, equipment, facilities or property. The Workshop may dismiss me, without refund, should my behavior endanger the safety of or negatively affect The Workshop or any person, facility or property. I agree to make all payments outlined in the Agreement even if I am dismissed from The Workshop.
Damage or Theft of Property. I understand and agree that the Releases are not responsible for any personal item or property that is lost, damaged or stolen at or during the Workshop.
I acknowledge that I have carefully read this agreement and fully understand that it is a binding contract and release of liability, express assumption of risk and indemnity agreement. I am aware and agree that by completing this purchase, I am giving up my right to bring a legal action or assert a claim against Releases for their negligence, or for any defective product used while participating in The Installation Workshop. I have read and voluntarily completed this purchase and further agree that no oral representations, statements, or inducement apart from the terms listed above have been made outside of this agreement.