Terms of service

These Terms of Service (“Agreement”) govern the relationship between Anne Talbot-Kelly Floristry, located in Vancouver, BC (“Service Provider”), and the Client (“Client”), regarding floral services for events. By booking services with Anne Talbot-Kelly Floristry, the Client agrees to the following terms and conditions:

1. General Terms

1. Services Provided: Anne Talbot-Kelly Floristry offers a variety of floral services, including but not limited to:

   • Boutique floral arrangements

   • Arch displays

   • Table florals

   • Centrepieces

   • Wearable florals

   • Garlands

   • Aisle florals

   • Custom floral designs as discussed during consultation.

2. Artistic Agency: The Client acknowledges and understands that Anne Talbot-Kelly’s artistic judgment and creative direction are integral to the floral design process. Floral designs are the exclusive work of Anne Talbot-Kelly Floristry, and Client agrees to respect this creative agency.

3. Services and Costs: Compensation for floral services is based on the per-service request, which includes the cost of materials, labour, and design. All prices listed on the website exclude applicable taxes.

4. Payment Terms:

   • Deposit: A non-refundable 20% deposit is due upon booking to secure services.

   • Final Payment: The full balance must be paid two weeks prior to the event.

   • Payment Methods: Anne Talbot-Kelly Floristry accepts payments via PayPal and e-transfer. Payments made by credit card will incur a 2.45% Visa processing fee paid by the client.

   • Late Fees: A 25% late fee will be applied to any outstanding balance not paid two weeks prior to the event.

   • Non-Payment: Clients who fail to pay the full balance two weeks before the event will no longer be eligible for services, and any deposit paid will be forfeited.

2. Cancellations, Modifications, and Termination

1. Cancellation by Client: Clients may cancel services up to 90 days prior to the event. Cancellations made within 90 days will forfeit the deposit and may be subject to further charges depending on work already completed.

2. Changes to Floral Quote: Clients may request changes to the floral quote up to 90 days before the event. This ensures that Anne Talbot-Kelly Floristry has sufficient time to source materials and finalize designs. Any changes after this time are subject to availability and may incur additional charges.

3. Force Majeure: If Anne Talbot-Kelly Floristry is unable to fulfill the contract due to circumstances beyond its reasonable control (such as a personal emergency), a full refund of the amount paid will be issued to the Client. Anne Talbot-Kelly Floristry or affiliates are not responsible for direct or indirect events or circumstances that would delay the event which were unforeseeable upon booking the services.

4. Force Majeure Event: Weather Changes & Floral Service Impact
   Anne Talbot-Kelly Floristry shall not be liable for any failure or delay in performance of the contract due to weather changes, including but not limited to storms, floods, extreme temperatures, snow, or other extreme weather conditions that make it impossible or commercially impractical to fulfill the services.

   In the event of any such Force Majeure circumstance, Anne Talbot-Kelly Floristry will notify the Client as soon as possible and make reasonable efforts to provide alternatives where feasible. This includes, but is not limited to, altering delivery times, changing flower types due to supply shortages from grower and availability, or proposing rescheduled events or deliveries.

5. Ownership of Intellectual Property: Anne Talbot-Kelly Floristry retains full ownership of all intellectual property related to floral designs, including but not limited to photos, concepts, and patterns. Clients may not use or replicate these designs without written permission. Client agrees to all photos of the floral displays taken can be used as advertising and social media posting.

6. Limitations: In no event shall the Anne Talbot-Kelly Floristry be held liable for damages, costs, or additional fees arising from the Force Majeure event beyond the agreed-upon service fee. Anne Talbot-Kelly Floristry reserves the right to refuse service to anyone at anytime. A breach to the contract will result in termination with no refund.

3. Delivery, Installation, and Additional Fees

1. Delivery: Delivery options available, fees, and logistics will be discussed during the consultation. Delivery beyond Vancouver city area will incur additional fees.

2. Installation: Installation services are available on the day of the event. Anne Talbot-Kelly Floristry reserves the right to add additional charges for the time required for installation based on the complexity of the floral displays. Arch installation requires additional time and labour.

3. Tear-Down Services: Tear-down services are available for events where an arch display is included. The arch will be taken down by 8:00 PM on the event day. Tear-down by Anne Talbot-Kelly Floristry is optional. Should Client tear-down themselves, Client must completely disassemble and return all arch rental items by the next business day in the same condition.

4. Modifications of Prices and Services: Anne Talbot-Kelly Floristry prices are subject to change without notice and reserve the right to change.

5. Additional Costs:

   • Late Delivery/Set-Up: Late fees may apply if the event requires installation outside of the agreed time frame.

   • Extra Work: Any additional work required outside of the original scope of services will be charged accordingly.

4. Rental Items and Returns

1. Rental Items:

   • Centrepieces and table vases are included as a rental, and can be kept for up to 6 days after the event.

   • All rented items must be returned in clean condition. Clients are responsible for any damages to rental items, and costs for damaged items will be added to the final invoice.

2. Non-Purchase of Items: All items provided by Anne Talbot-Kelly Floristry are for rental purposes only and are not for sale.

5. Client Responsibilities and Liabilities

1. Additional Fees for Damaged Goods: Clients will incur additional fees for any goods damaged or lost during the event, as determined by Anne Talbot-Kelly Floristry.

2. Third-Party Florists: The Client agrees not to hire multiple florists or arrange their own floral designs for the event. Mixing floral designs from different sources may damage the aesthetic integrity of the event and is not permitted.

3. Sourcing and Assembly: Anne Talbot-Kelly Floristry is responsible for sourcing and assembling the necessary flowers and materials for the floral arrangements. The Client acknowledges that availability of specific flowers may vary depending on seasonality and supply.

4. Satisfaction Guarantee: While every effort will be made to meet the Client’s expectations, Anne Talbot-Kelly Floristry is not liable for dissatisfaction if changes to the floral designs are required due to the unavailability of flowers, supply issues, or other external factors.

6. Confidentiality and Privacy

Anne Talbot-Kelly Floristry agrees to keep all personal and event-related information confidential. Client information will not be shared with third parties without prior written consent, except as required by law.

7. Miscellaneous

1. Amendments: These terms and conditions may be updated from time to time, and such changes will be communicated to the Client. It is the Client’s responsibility to review the terms periodically.

2. Governing Law: This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada.

3. Dispute Resolution: Any disputes arising under this Agreement will be resolved through mediation or arbitration in Vancouver, BC.

By booking Anne Talbot-Kelly Floristry, you agree to these terms and conditions.

Privacy Policy

At Anne Talbot-Kelly Floristry, we take your privacy and the confidentiality of your personal information seriously. This Privacy Policy explains how we collect, use, and protect the photographs taken as part of our floral design services, including those shared on our website, social media, and marketing materials.

1. Collection of Photographs

As part of the floral services we provide, photographs may be taken of the floral arrangements, installations, and event setups created for you. These photographs may be captured by Anne Talbot-Kelly Floristry’s team or by third-party photographers hired for the event.

Photographs may be taken of:

• Floral arrangements (bouquets, centerpieces, garlands, etc.)

• Event installations (arches, aisle florals, etc.)

• Completed event decor, including setup and display of floral designs

• Wearable florals (e.g., corsages, boutonnieres)

2. Use of Photographs

The photographs taken of your floral designs may be used by Anne Talbot-Kelly Floristry for the following purposes but not limited to portfolio and marketing, promotional materials, social media, publications and blogs.

3. Consent to Use Photographs

By engaging with Anne Talbot-Kelly Floristry, you provide consent for us to take photographs of your floral designs during your event. You also grant us permission to use these photographs for marketing and promotional purposes, unless you specifically request otherwise.

If you do not wish for photographs to be shared publicly, you may opt out by informing us at the time of booking or prior to the event. We will respect your request and ensure that no photographs are used for promotional purposes.

4. Privacy and Confidentiality

Anne Talbot-Kelly Floristry values your privacy and ensures that all photographs are handled with respect. Any photographs that include identifiable details about you or your guests (such as faces or other personal information) will not be used in a way that compromises your privacy.

We will make every effort to protect the confidentiality of any personal or sensitive information that may be captured in event photographs. If there are any individuals in the photographs whose identities should remain private, please inform us ahead of time, and we will take steps to ensure that their privacy is respected. We also ensure that any third-party service providers who assist us in handling or distributing these images adhere to privacy and security standards.

5. Rights to Photographs

Anne Talbot-Kelly Floristry retains the copyright and ownership of all photographs taken my Anne Talbot-Kelly Floristry during your event. However, by consenting to the use of your photographs as outlined in this policy, you grant us a non-exclusive, royalty-free license to use the photographs for marketing and promotional purposes.

If you would like to request that specific images be removed from public use, please contact us at annetalbotkellygardendesign@gmail.com, and we will make reasonable efforts to accommodate your request.

6. Removal or Withdrawal of Consent

If you have previously granted consent for the use of photographs and later wish to withdraw that consent, you may do so by contacting us at annetalbotkellygardendesign@gmail.com. Upon request, we will remove the images from future promotional materials and cease using them in new campaigns.

Please note that withdrawal of consent will not affect the use of images that have already been published or distributed prior to the withdrawal request.

7. Changes to This Privacy Policy

Anne Talbot-Kelly Floristry may update this Privacy Policy from time to time to reflect changes in how we collect, use, or store photographs. Any changes to this policy will be posted on our website, and the updated policy will apply to all photographs taken from the date of posting.

9. Contact Information

If you have any questions or concerns regarding this Privacy Policy or the use of your photographs, please contact us:

Anne Talbot-Kelly Floristry
Email: annetalbotkellygardendesign@gmail.com

By booking our services, you acknowledge that you have read, understood, and agree to the terms outlined in this Privacy Policy.