Section I. Customer Agreement and Reservation
A. Reservation and Payment
- A 50% non-refundable deposit is required at the time of booking to secure your reservation.
- The remaining balance is due 10 days prior to the event. Failure to pay on time may result in cancellation and forfeiture of the deposit.
- All payments are non-refundable, including any costs related to changes, cancellations, or rescheduling after payment is received.
B. Credit Card on File (Required)
- A valid credit card is required to be held on file for all reservations, regardless of the intended form of final payment (cash, check, or other card). This card is held for security purposes only to cover potential charges for damaged, lost, or stolen equipment, as well as outstanding balances or excessive cleaning fees.
C. Cancellation and Rescheduling
- 1. Cancellation by Renter: All payments are non-refundable. If the Renter cancels the reservation:
- More than 60 days prior to the event: The Renter forfeits the 50% non-refundable deposit.
- Less than 60 days prior to the event: The Renter forfeits the entire rental fee (deposit + final balance).
- 2. Rescheduling: Rescheduling is subject to SF Floral Fantasy's availability and may be treated as a cancellation if the new date is outside of 6 months of the original date, or if SF Floral Fantasy is unavailable for the new date. A $150 rescheduling fee may apply.
Section II. Damage, Loss, and Equipment Protection (Zero-Tolerance Policy)
A. Renter Responsibility for Equipment
- The Renter assumes full responsibility for the Equipment from the time of delivery until the time of return, regardless of cause or fault.
B. Financial Responsibility for Damage, Loss, or Theft
- The Renter is financially responsible for any item that is damaged, lost, or stolen, regardless of the cause.
- Damaged (Repairable): The Renter will be charged the Cost of Repair. This includes the full cost of labor and materials to return the item to its original, rentable condition.
- Damaged (Beyond Repair), Lost, or Stolen: The Renter will be charged the Full Replacement Cost (FRC) of the item. This charge is calculated at the current retail replacement value and is in addition to the original rental fee.
C. Cleaning and Authorization to Charge
- The Renter agrees to pay a reasonable cleaning charge for all rental items returned excessively soiled or improperly prepared (e.g., linens returned wet).
- Authorization to Charge: Payment for all damage, loss, or cleaning fees is due within 10 days of notification. By signing this Agreement, the Renter explicitly authorizes SF Floral Fantasy to charge the credit card on file for the full costs defined in Section II and for any unpaid balances.
Section III. General Terms and Use and Logistics
A. Setup and Movement of Items
- Only SF Floral Fantasy team members are authorized to set up and take down rental items.
- Movement of Items: Once the Equipment is placed and set up by the Rental Center's team, the Renter or their agents shall not move or reposition the items. If the Renter moves or authorizes the movement of any rental items and damage results, the Renter will be fully liable for the Full Replacement Cost (FRC) of the damaged items.
B. Delivery and Access Requirements
- 1. Access Requirement: The Renter is responsible for ensuring clear, safe, and unobstructed access (including necessary parking/loading permits and elevator access, if applicable) to the setup location at the agreed-upon time.
- 2. Delays Due to Access: If SF Floral Fantasy team members are delayed in delivery or setup due to a lack of clear access, waiting time beyond 15 minutes may be billed at an additional rate of $75 per hour, billed in 30-minute increments.
- 3. Venue/Vendor Coordination: The Renter shall inform SF Floral Fantasy of all relevant venue rules, restrictions, or required vendor insurance forms in advance. Failure to do so may result in the inability to set up equipment, with no refund issued.
C. Condition and Inspection of Equipment
- 1. Renter Inspection Upon Delivery: The Renter (or their authorized representative) shall inspect all rental Equipment upon delivery/setup and acknowledge its receipt and acceptable condition by signing the delivery manifest.
- 3. Substitution Clause: SF Floral Fantasy reserves the right to substitute comparable equipment if the reserved item becomes unavailable due to unforeseen damage or circumstances. If no acceptable substitution can be made, the Renter’s sole remedy is a refund of the rental fee paid for the unavailable item.
D. Protection and Return of Items
- The Renter must protect items from extreme weather, spills, and rough handling while in their possession.
- All rental items must be ready for pickup or returned by the agreed-upon date and time. Late returns will incur a $50 per day charge.
- Open Flame Warning: The use of open flames (e.g., candles) is strictly prohibited unless the flame is fully enclosed within rental-appropriate hurricane glass or other approved containers. The Renter is responsible for either providing or renting the required hurricane glass. The Renter accepts full responsibility for ensuring all candles and open flames, even those properly enclosed, are placed safely and follow venue and fire safety regulations. SF Floral Fantasy is not liable for any incidents, property damage, fire damage, or injuries resulting from the use of open flames or the failure to use required enclosures.
E. Compliance, Permits, and Insurance
- 1. Compliance: SF Floral Fantasy is responsible for maintaining all necessary business licenses and permits required for the legal operation of its rental business. The Renter warrants that the intended use of the Equipment complies with all local regulations. The Renter, however, shall be solely responsible for obtaining and complying with all permits, licenses, and official regulations required by the venue, city, or local authorities in connection with the event itself, including, but not limited to, special event permits, vendor approval, fire marshal approval, and noise ordinances.
- 2. Insurance (If Required): SF Floral Fantasy reserves the right to require the Renter to provide a Certificate of Insurance, naming SF Floral Fantasy as an additional insured party, for events exceeding a determined value or held at certain commercial venues.
Section IV. Maximum Liability Protection (Legal Defense)
A. Indemnification and Hold Harmless
- The Renter acknowledges that the use of rental equipment carries inherent risks of property damage, injury, or death, and voluntarily assumes all such risks.
- The Renter agrees to INDEMNIFY, DEFEND, and HOLD HARMLESS SF Floral Fantasy, employees, and agents from and against any and all losses, claims, damages, liabilities, and expenses arising out of or in connection with:
- The Renter’s possession, use, or misuse of the Equipment.
- Any property damage, personal injury, or death arising from the event.
- Any breach of the terms of this Agreement by the Renter.
B. Limitation of Liability and Disclaimer of Warranties
- SF Floral Fantasy shall NOT be liable for any indirect, incidental, special, or consequential damages (such as, but not limited to, wasted expenditure, loss of venue, loss of profit, or emotional distress) in connection with the rental or use of the Equipment, regardless of the cause.
- ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
- The Renter's sole remedy for any failure of the Equipment shall be limited to the amount of the rental fee paid.
C. Governing Law and Severability
- This Agreement shall be governed by the laws of the State of California. Any litigation or legal action arising from this Agreement must be brought exclusively in the courts of Santa Clara County, California.
Section V. Force Majeure and Website Use
A. Force Majeure (Unforeseen Circumstances)
- Neither the Renter nor SF Floral Fantasy shall be liable for any failure or delay in the performance of their obligations to the extent such failure or delay is caused by events outside of that party’s reasonable control, which may include, but are not limited to, acts of God, natural disasters, pandemic, or government shutdown.
- In the event SF Floral Fantasy is unable to provide the Equipment due to a Force Majeure event, the Renter’s sole remedy shall be a refund of the amount of the rental fee paid, less the non-refundable deposit (as defined in Section I).
B. Website Use and Privacy
- 1. Privacy Policy: SF Floral Fantasy collects personal information solely for the purpose of processing reservations and payments. This information will not be sold or shared with third parties, except as necessary to process payments or as required by law.
- 2. Intellectual Property (Your Content): All content, including images, graphics, text, and designs on the SF Floral Fantasy website, are the exclusive property of SF Floral Fantasy and protected by U.S. and international copyright laws. Use of this content without prior written consent is strictly prohibited.
Section VI. Specific Terms for Fresh Floral Arrangements & Design Services
A. Customization and Seasonal Availability
- 1. Availability and Substitution: Fresh florals are subject to seasonal availability, and substitutions may be made with similar flowers or greenery of equal or greater value and aesthetic intent if a requested bloom is unavailable.
- 2. Design Consultation Timeline: Design consultations are required no later than one month (30 days) before the event.
B. Venue Walk-Through and Mock-Up Services
- 1. Mandatory Venue Review: An in-person venue walk-through or detailed virtual review is mandatory after the design consultation to confirm the suitability, access, and proper fitting of all rental pieces and floral placements.
- 2. Mock-Up Policy: Upon receipt of the 50% non-refundable deposit (as defined in Section I), the Renter is entitled to their initial design mock-up. The Renter is further allowed up to three (3) to five (5) revisions of the mock-up as needed to finalize the design. Any revisions requested beyond this range of 3-5 may incur an additional service charge, which will be quoted and agreed upon in advance.
C. Final Approval and Last-Minute Requests
- 1. Final Approval Deadline: The final design and associated quote must be finalized 30 days before the event. Changes after this deadline may incur additional fees.
- 2. Major Changes: Major design changes within 14 days of the event may not be accommodated due to immediate availability constraints of staff and materials.
D. Post-Event Handling and Ownership
- 1. Duration Guarantee: Fresh florals are designed for one-day use and are not guaranteed to last, nor is their condition warranted, beyond the event conclusion.
- 2. Ownership of Containers/Rentals: Low compote centerpieces and other containers/vases designated as SF Floral Fantasy rental property CANNOT BE TAKEN HOME by the Renter or guests unless pre-arranged, and additional rental or purchase fees have been paid.
E. Photography and Social Media Rights
- 1. Grant of Use: By signing this agreement, the Renter grants SF Floral Fantasy permission to photograph event setups and floral designs for use in marketing, portfolio inclusion, and social media.
- 2. Opt-Out Procedure: To opt out of this clause, written notice must be provided to SF Floral Fantasy prior to the scheduled event date.