WORKSHOPS TERMS & CONDITIONS

 

BETWEEN:

1            Clare Smith Floristry a sole trader whose trading address is 12 High Street, Newhaven, East Sussex, BN9 9PE

              And

2            The organisation or individual who has a Booking for the Workshop provided by CS Floristry in accordance with this agreement (‘the Client’)   

 

AGREED TERMS

 

1.            INTERPRETATION  

 

1.1         Definitions:

Booking sets out the name, address contact details for the Client, the details of the Workshop, time date and location of the Workshop and Fees for the Service. Such details shall be set out on a Booking Form. 

Deliverables:   All documents and products in any form developed by CS Floristry in relation to the Workshop.

Intellectual Property Rights: (IPR) means all registered or unregistered patents; designs, trade marks, trade names,

copyright and related rights, database rights, know how, confidential information and any other similar rights anywhere in the world, including any renewals and extensions of such rights

 

Materials:   All flowers, foliage and other materials and equipment required to undertake the Workshop

Workshops:    Delivery of floristry workshops

 

2.            CONTRACT AND TERM  

2.1          This contract shall consist of these terms and conditions and the Booking Form.

2.2         This contract shall commence on the date of the Booking and shall continue for the period of the Workshop as set out in the Booking.

2.3         Bookings can be made via our website or via written communication direct with CS Floristry. Bookings shall only be confirmed once full payment has been received.  

 

3.            SUPPLY OF WORKSHOP

3.1          CS Floristry shall deliver the Workshop to the Client in accordance with this Contract using all reasonable skill and care. 

3.2         The Workshop shall be delivered as a single session or a course of sessions in a single or group environment as set out on the Booking.

3.3         The Workshop shall be provided at the location set out in the Booking or a similar suitable location within a reasonable distance from the original location.

3.4         CS Floristry shall provide all necessary Materials for the Workshop, however please do bring an apron should you want to protect your clothing.

                

4.            CLIENT’S OBLIGATIONS  

4.1         The Client shall provide all necessary information for the provision of the Workshop as the CS Floristry may reasonably request.

4.2         The Client accepts that some Workshops are provided in a group environment and therefore the Client shall demonstrate appropriate behaviour at all times and acknowledges that failure to comply with this clause may result in CS Floristry terminating this contract without any further liability and the Client has no right to receive a refund.

4.3         The Client shall at all times remain responsible for their own safety whilst attending the Workshops.  The Client acknowledges that some of the Materials especially the equipment may be sharp, and the Client shall take all reasonable care when using such Materials and equipment.

4.3         The Client shall use the Deliverables for the sole purpose for which it is provided and at no stage shall the Client be entitled to copy or amend the Deliverables.

 

5           CANCELLATION PROVISIONS

5.1         CS Floristry shall provide as much notice as possible if they are unable to deliver a pre agreed session or Workshop.  CS                         Floristry shall only cancel for circumstances outside of their control.  In this scenario CS Floristry shall use reasonable                endeavours to offer an alternative date. If no alternative date can be agreed, with both parties acting reasonably then  CS Floristry shall provide a refund.

5.2         If the Client has to cancel a Workshop it shall provide as much notice as possible to CS Floristry and acknowledges that the                  following terms shall apply:

  • Cancellations made with over 14 days prior the date of the Workshop will receive a full refund

  • Cancellations made 7 - 14 days prior to the date of the Workshop will receive a 50% refund

  • Cancellations made less that 7 days prior to the date of the Workshop will not receive a refund

 

6.            FEES AND PAYMENT  

6.1          In consideration for the Workshop the Client shall pay the CS Floristry the Fees as set out in the Booking.

6.2         The Client shall pay the Fees at the time of Booking.

6.3         If the Client fails to make any payment due to the CS Floristry the Client shall pay interest on a daily basis at 3% a year above                 the Bank of England’s base rate from time to time. 

 

7.            INTELLECTUAL PROPERTY

7.1         CS Floristry shall retain ownership of all Deliverables

7.2         This contract does not provide or imply any license of the IPR in the Deliverables to the Client.

7.3         Nothing in this contract shall permit the Client to copy, amend or use in any way whatsoever any Deliverables , this includes but is not limited to recording any Workshop without CS Floristry prior written approval. 

7.4         All Deliverables shall be for the Clients personal use only and shall not be copied, sold or be permitted to be used by any third party.

 

8            CONFIDENTIALITY

8.1         Both parties undertake to keep confidential any confidential information, which shall be deemed as any information exchanged between us during a session or any information regarding the Workshop or specific information about either party obtained under or in connection with this contract.

8.2         Any disclosure of any confidential information, is not permitted unless the disclosing party has obtained prior written approval or as expressly permitted by law.

 

9.            LIMITATION OF LIABILITY  

9.2         CS Floristry’s total liability to the Client, whether in contract tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to the Fees paid by the Client under this Contract.

9.2         Each party expressly excludes liability for consequential loss or damage, loss of profit, business, revenue, goodwill or anticipated savings. Any liability or remedy for innocent or negligent misrepresentation is expressly excluded. Neither party excludes or limits liability for death or personal injury.

 

10.          DATA PROTECTION

10.1        CS Floristry undertakes to only use the Client personal information as set out in the CS Floristry Privacy Policy. which can be found on CS Floristry website, or the Client may request a copy in writing.

 

11.         COMPLAINTS AND DISPUTE RESOLUTION

11.1        CS Floristry take pride in providing a professional service.  In the unlikely event of a complaint about the Workshop, The Client shall contact CS Floristry in writing as soon as reasonably possible and EFT shall use reasonable endeavours to find an amicable solution within 10 working days.

11.2       If a dispute arises in relation to this agreement then the parties shall endeavour to resolve this dispute through the following process

11.2.1    either party shall give to the other written notice of the Dispute, setting out its nature (Dispute Notice), together with relevant supporting documents. Within 5 working days of receiving the Dispute Notice, the parties shall meet and attempt in good faith to resolve the Dispute.

11.2.2    If the Dispute cannot be resolved within 10 working days of the meeting in 11.2.1 then the Dispute shall be referred to mediation through an agreed independent mediator, if no independent mediator can be agreed then the parties shall use the Centre of Effective Dispute Resolution (cedr) @ www.cedr.com

 

12.          GENERAL TERMS

12.1       Both parties shall and shall ensure it complies with all applicable laws, statutes, regulations and government advice from time to time in force; and

12.2       If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend that provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

12.3       No amendment to this Agreement shall be effective unless it is in writing and signed by both parties (or their authorised representatives).

12.4       A waiver of any right or remedy under this Agreement or by law shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.

12.5       A failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.

12.6       Any notice given to a party under or in connection with this Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

12.7       This Agreement constitutes the entire Agreement between the parties, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them,     whether written or oral, relating to its subject matter.

12.8       Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies for, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement.

12.9       Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

 

13          LAW AND JURISDICTION

13.1       This contract is made in accordance with English law and shall be construed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction.