PURCHASE TERMS OF SERVICE - MAYESH WHOLESALE X AMY BALSTERS, THE FLORAL COACH®

Last updated 2/23/2023 

This is a legal contract between Amy Nicole Floral, LLC  and yourself (collectively, the “Parties”); by purchasing your ticket to the Workshop, 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

  1. The Workshop.
    1. You will be responsible for all travel transportation and lodging to and from the Workshop.
    1. The Workshop will be held on October 20, 12:00pm-6:00pm, at Mayesh Wholesale at 35935 Ecorse Rd, Romulus, MI 48174. The Workshop will be held in person, and will include a care and handling talk, a color theory presentation with exercises, a hands on bouquet demo and instruction, binding techniques, professional photos, lunch, beverages and a networking happy hour. 
    2. Transportation and Lodging. 

 

    1. Payment Terms.
      1. Ticket Sale. To reserve your seat at the Workshop, You will be required to pay a non-refundable, payment of $975.00. This amount is nonrefundable but transferable to another attendee.  Mayesh x The Floral Coach Design Tour is entitled to the total amount due under this Agreement.
      2. Late or Unpaid Fees. If any fees are more than seven (7) calendar days past the due date, we reserve the right to suspend your attendance at the Workshop until such payment is received. If any amount is unpaid within ten (10) business days of the due date, Mayesh x The Floral Coach Design Tour reserves the right to terminate this Agreement without any further obligation or liability, and You further agree that any such amounts previously paid to Mayesh x The Floral Coach Design Tour  shall be deemed earned compensation. You also agree not to dispute charges with your credit card company, so long as the transaction is in line with the terms in this contract.   
    2. What You Get At The Workshop.
      1. The Workshop was created to educate and train floral professionals in color theory and loose and airy bouquet design techniques. Designers will learn step by step floral mechanics to help them work faster and more efficiently in creating hand tied bouquets and to grow their confidence around color theory in choosing color palettes. 
      2. As an Attendee of the Workshop, You will also receive an online mini course by The Floral Coach® to prepare you for the hand on class and is yours to keep. All tools and materials for the workshop will be provided and will also be yours to keep. 

 

  • Cancellation, Termination or Rescheduling. 

 

      1. Amy Nicole Floral, LLC reserves the right to terminate this agreement, if the payment specified in Section 2(b) is not made. 
      2. Termination of Agreement. The Parties agree that if Amy Nicole Floral, LLC, is required to reschedule the Workshop, you will be given notice of the rescheduled date, and be given the opportunity to transfer your ticket to the new Workshop location/date. In the event of cancellation of the Workshop, Amy Nicole Floral, LLC, will refund your ticket price. In the event of your breach of this Agreement,  Amy Nicole Floral, LLC shall not return any unearned fees, if any, paid up to the point of termination, and Amy Nicole Floral, LLC will have no further obligation to you. Termination of this Agreement will be effective upon receipt of written notice by the receiving Party.  
      3. Cancellation by Client. If You decide to cancel your attendance You may do so at any time. However, You must provide Amy Nicole Floral, LLC with written notice. Such termination will be effective upon receipt of the Notice, and the Amy Nicole Floral, LLC will be entitled to retain the non-refundable, Initial Payment identified in Section ($975.00) of this Agreement, regardless of when the Amy Nicole Floral, LLC receives Notice of the cancellation, as well as any subsequent payments made by You prior to Amy Nicole Floral, LLC’s receipt of the Notice.  
      4. Intellectual Property. You acknowledge that Amy Nicole Floral, LLC 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 Workshop.  You agree not to copy, share, sell, or distribute any of these materials. You agree not to record, distribute, or disseminate educational information shared by Amy Nicole Floral, LLC at the Workshop. If You or your employees or agents copy, share, sell, distribute, or use Amy Nicole Floral, LLC materials in any way not authorized by Amy Nicole Floral, LLC, you agree to pay liquidated damages in the amount no less than  five (5) times the total contract price to Amy Nicole Floral, LLC, and that Amy Nicole Floral, LLC expressly reserves the right to prosecute all intellectual property violations to the fullest extent of the law, including consequential, compensatory, nominal, and punitive damages. If you are unsure of what constitutes proper use of any intellectual property of Amy Nicole Floral, LLC, you agree and understand that you are encouraged to email Amy Nicole Floral, LLC, for clarification.
          5.  

 

  • 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 Workshop for use by Amy Nicole Floral, LLC 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 Amy Nicole Floral, LLC an unlimited, non-exclusive, perpetual right and license to use any and all photographs, videos, recordings or other records of 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  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.   Amy Nicole Floral, LLC provides general information only, and does not provide any financial, legal, medical or psychological services or advice. None of the content on Amy Nicole Floral, LLC 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. Amy Nicole Floral, LLC disclaims any liability for your reliance on any opinions or advice contained in Amy Nicole Floral, LLC websites, social media, or any other channels.
  • DISCLAIMER. Amy Nicole Floral, LLC cannot, and does not, guarantee particular results.  Amy Nicole Floral, LLC disclaims all warranties, express or implied, to the fullest extent permissible by applicable law.  Amy Nicole Floral, LLC will not be liable for any damages from your use of, or inability to apply, information provided by Amy Nicole Floral, LLC.  
  • Representations and Warranties. Amy Nicole Floral, LLC 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) Amy Nicole Floral, LLC’s obligations under this Agreement does and will not conflict with or result in any breach or default under any other agreement;  (c) Amy Nicole Floral, LLC 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, Amy Nicole Floral, LLC’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 Amy Nicole Floral, LLC. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, Amy Nicole Floral, LLC 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

 

      1. 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 Amy Nicole Floral, LLC, 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 of Virginia, without application of its principles regarding conflicts of law. Amy Nicole Floral, LLC 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.
      2. Dispute Resolution. If a dispute arises under this Agreement, the parties agree to first submit the dispute to a mutually agreed-upon mediator in Loudon 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 90 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 
      3. 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.
      4. Amendments. The parties may amend this Agreement only by the parties’ written agreement with proper Notice.
      5. Assumption of Risk. Client and related parties/participants expressly assume any risk of services and related activities as described herein.
      6. 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.
      7. Indemnification. To the extent permitted by applicable laws, both Amy Nicole Floral, LLC 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. 
      8. Merger. This Agreement 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. 
      9. 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), pandemic, epidemic, governmental order, 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.
      10. Notice. All notices, requests, claims, demands and other communications between the Parties shall be in writing (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
          11.  

 

  • The email associated with the purchase of your ticket 

 

 

 

By purchasing my Workshop ticket, I assert that I have read, understood and agreed to this entire document.

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