Terms + Conditions

Purchasing any flower preservation frame means you agree to the following:

PETAL COLLECTIVE, INC.

Wedding Florals & Pressed Flowers Terms and
Conditions (Nebraska)

1. Parties & Key Details

Vendor: Petal Collective, Inc., a Nebraska corporation,

Client: The individual(s) or entity identified on the Wedding Floral or Pressed Flower

Proposal/Invoice ("Client").

2. Definitions

Agreement: These Terms and Conditions together with the Order Documents.

A La Carte: Orders picked up by Client at Vendor's studio without onsite setup.

Deliverables: Floral designs, arrangements, installations, rental items, and/or any pressed-flower

frames supplied by Vendor.

Deposits: Non-refundable booking deposits or initial payments stated on the Order

Documents.

Event: Wedding or event as stated in paragraph 1, above.

Full-Service: Event floral services where Vendor provides delivery of floral and onsite

setup/installation and, if requested, tear down.

Order Documents: Proposal, Statement of Work, and/or Invoices.

Rental Items: As agreed upon by Vendor and Client and identified at time of signing Order

Documents

3. Order of Precedence

If there is any conflict between these Terms and Conditions and the Order Documents, the

following order of precedence applies: (1) a mutually signed Statement of Work; (2) the

Proposal/Invoice (including quantities and pricing); then (3) these Terms and Conditions.

4.Booking, Payments, and Taxes

(a) Booking Deposit. A non-refundable deposit of 10 percent (%) of the total estimated order

is due upon booking to reserve the Event date. Vendor does not commence wholesale ordering

or custom preparation until required payments are received.

(b) Remaining Balance. The remaining balance is due no later than thirty (30) days prior to the

Event. Payments may be split according to a payment schedule selected at booking.Failure to

pay any amount when due per this paragraph or per an agreed-upon payment plan shall be

treated as Client's cancellation under Section 10.

available.

(d) Taxes. Prices are exclusive of applicable taxes. Client is responsible for all sales and use taxes,

if any, associated with the order.

(e) Late Charges. Any past-due amounts shall accrue a late fee of 1.5%/mo. (18%/yr) .

5. Changes, Additions, and Reductions

(a) Additions. Client may add items up to seven (7) days before the Event, subject to

availability and Vendor's additional charges.

(b) Reductions. Client may reduce or remove items from the Order Documents up to thirty (30)

days prior to the Event, provided that the reduction or removal does not decrease the

committed minimums set forth in the Order Documents Within 30 days of the Event, items may

not be removed, but substitutions of comparable value may be permitted at Vendor's

discretion.

6. Flower Availability, Substitutions, and Artistic Discretion

Client acknowledges that fresh flowers are seasonal and perishable, and that wholesale

availability, color variation, and weather/transport conditions may necessitate substitutions.

Vendor will use commercially reasonable efforts to honor the aesthetic, color palette, and

design style agreed in the Order Documents, but exact flower varieties and shades cannot be

guaranteed. Substitutions by Vendor of comparable value and style do not constitute a defect

or grounds for refund.

7. Rentals (If Applicable)

If the Order Documents state Client will use Vendors Rental Items:

(a) Ownership, Stands, containers, mechanics, candle vessels, bud vases, and other "Rental

Items" remain Vendor's property. An exact list of "Rental Items" will be agreed upon by

Vendor and Client at the time of executing Order Documents.

(b) Return. Client must return Rental Items within 2 days after the Event to the location

designated by Vendor (e.g., 5417 S 145th St, Omaha, NE 68137) or arrange for Vendor

pickup/teardown if Full Service purchased. Client is responsible for ensuring rental items are

available for pickup at the agreed time.

8. Delivery, Setup, and Teardown

(a) Full Service, Delivery and onsite Installation/setup fees are stated in the Order

Documents and are based on distance from the Omaha studio, length of onsite time, and

complexity (including any repurposing between ceremony and reception). Teardown is

included only if specified; in the Order Documents. Otherwise, it may be added upon

request.

(b) Post Event If Client informs Vendor post-Event that Vendor may keep any or all Event

floral arrangements, Vendor may dispose or re-purpose the Event floral arrangements at

Vendor's discretion.

returns of any Rental Items must be made to Vendor's designated drop-off location in Blair,

NE or Omaha, NE.

(d) Access & Cooperation. Client must ensure timely Event venue access, loading/unloading

permissions, and a safe work area during the Event setup window. Delays caused by Event

venue access or schedule changes may incur additional Vendor charges.

9.Pressed Flower Preservation (If Purchased)

(a) Booking. If Client wishes Vendor to create a Pressed floral arrangement, separate Order

Documents will be created for a Pressed Floral arrangement.

(b) Deposit and Payment. The first payment for floral preservation/pressing is a non-

refundable booking deposit of 100% of the total order. This initial payment by Client is required

to reserve Vendor's preservation capacity. Vendor may limit bookings at its discretion. The

balance of payment(s) will be agreed upon by Vendor and Client and will be payment in

full at time of signing Order.

(3) days after the Event UNLESS Client selected a Full-Service package. With the Full-Service

package Client is responsible for delivering to Vendor at the time of Tear-Down the floral

arrangement Client wishes preserved/pressed. If no Full-Service package is selected, Vendor is

not responsible for damage or loss to the floral arrangement which may occur prior to or

during Client's transit of flowers or floral arrangements to Vendor's studio.

(d) Timeliness, If Client does not select the Full Service package and if more than 3 days

have elapsed since the completion of the Event, Client tay snd Vendor a photograph

depicting the condition of the floral arrangement. Vendor will determine if the floral

arrangement may be preserved. If, in Vendor's sole discretion

preservation/pressing is not feasible, a refund may be issued to Client per Paragraph

9(g) of this Agreement.

(e) Completion Timeline. The typical turnaround for preservation/pressing is 4-8

months. For frames larger than 18x24 inches, completion may take up to 12 months.

Delays due to Clients failure to timely respond to Vendor inquiries will extend delivery

accordingly.

(f) Artistic & Natural Variations Client agrees that pressed/preservation quality may vary

by flower type, freshness, and color. Pressed or preserved flowers may lighten, darken, or

fade over time: Client understands and agrees such natural changes are expected and

are not defects arising because of Vendor's handling, storage or creation of the

pressed/preserved arrangement.

(g) Custom Work & Refunds. Vendor will not begin designing Client's preservation or

pressed arrangement until all payments have been made per payments have been

made per Paragraph 9(c) of this Agreement. Custom pressed-flower pieces are non-

refundable once design work has begun, or if materials to create the arrangement have

been ordered. If Client cancels the preservation/pressing order within seven (7) days of

placing the order, Vendor will refund amounts paid other than the non-refundable

booking deposit.

(h) Communications. Vendor will communicate with the contracting Client by

email. If flower preservation/pressing is purchased as a gift, Client must notify

Vendor if Vendor may communicate with the recipient.

10.Rescheduling and Cancellation

(a) Rescheduling Event. Client must notify Vendor as soon as possible of a request for

a new Event date. Rescheduling of the Event is subject to Vendor availability. The

pricing in the Order Documents may be adjusted by Vendor because of seasonal

changes in wholesale costs, and availability of labor.

(b) Client Cancellation Greater Than 30 Days Before Event. If Client cancels this

Agreement more than Thirty (30) days before the Event, Vendor will retain the non-

refundable booking deposit of 10 percent (%) to cover planning, plus 20 percent (%) for

lost opportunity. Any amounts paid beyond the deposit and lost opportunity charge will

be refunded to the Client within fifteen (15) days.

Agreement less than Thirty (30) days before the Event, Vendor may retain, or still

charge for, fifty percent (50%) of the total order to cover wholesale procurement,

labor and lost opportunity. Any balance paid above 50% will be refunded to client within

fifteen (15) days. If wholesale orders have been placed and paid, and labor costs have

already been paid, and if such costs exceed 50%, Vendor may retain documented actual procurement and labor costs in lieu of the 50%.

(d) Client Cancellation Seven or Less Days Before Event or After Delivery. If Client cancels

this Agreement seven (7) or less days before the Event, no refunds are available to Client

due to the perishable nature of florals and the time and expense Incurred by Vendor in such

proximity to the Event date.

(e) Non-Payment. Failure to timely pay any required amount as set forth in this Agreement

and/or Order Documents may be deemed a cancellation by Client under Section 10 (b),

(c)or (d) of this Agreement, as applicable.

11. Risk of Loss; Inspection

(a) Risk of loss passes to Client upon delivery to the venue (Full-Service) or upon pickup by

Client (A La Carte). Client or its designated-In-writing event coordinator must inspect items

upon delivery/pickup and promptly notify Vendor in writing of any material non-

conformity that prevents the use of floral goods or Rental Items at the Event. Vendor will

in good faith attempt to cure any agreed-upon non-conforming goods or item(s) within

available time and resources.

12. Warranties; Limitation of Liability

(a) Warranties. Vendor will perform services in a professional and workmanlike manner

consistent with industry standards. Except as expressly stated, deliverables are provided

"as is" due to the natural and perishable characteristics of florals and foliage.

(b) Limitation. To the maximum extent permitted by law, Vendor's total aggregate liability

arising out of or relating to this Agreement shall not exceed the amounts actually paid by

Client under the applicable Order Documents. In no event shall Vendor be liable for

indirect, special, incidental, exemplary, or consequential damages, including, but not limited

to, lost profits, emotional distress, or replacement vendor costs.

13. Indemnification

(a) Client shall indemnify, defend, and hold harmless Vendor and its personnel from and

against any third-party claims, damages, or expenses (including reasonable attorneys'

fees) arising from any of the following occurring before, during or after the Event and in

relation to this Agreement: (i) Client's misuse of Rental Items; (ii) property damage or

personal injury caused by Client or guests; (iii) Client-provided instructions, materials, or

access conditions; or (iv) Client's breach of this Agreement.

14. Force Majeure

(a) In General. Neither party is liable for delay or failure to perform due to events beyond its

reasonable control, including severe weather, transportation delays, strikes, acts of

God, public health emergencies, supply shortages, or government actions. The affected party

will promptly notify the other party if such an occurrence arises and use reasonable efforts

to mitigate.

(b) Day of Event. If a Force Majeure event prevents performance on the Event date, the parties

will work in good faith to reschedule. If Event rescheduling is not feasible, Vendor will refund

amounts paid for undelivered goods/services less documented non recoverable costs already

incurred by Vendor.

15. Intellectual Property;Marketing

Vendor retains all rights in its pre-existing materials, methods, and designs Client grants

Vendor permission to photograph and use images of Vendor's floral work from the Event and

to use Client-provided images referencing Vendor's work for Vendor's portfolio, website,

and/or social media, unless Client notifies Vendor in writing prior to the Event requesting no

public use of Client provided images or references to the Event.

16. Confidentiality & Data

Each party will use the other's non-public information solely to perform this Agreement and

will exercise reasonable care to protect it. Vendor may use Client contact informmation to

communicate about the Order Documents. If Vendor experiences a data incident implicating

Client's personal information under applicable law, Vendor will provide notices required by

law and cooperate in good faith in accordance with such requirements.

17. Notices

Notices under this Agreement must be in writing and delivered by email, recognized

courier, or U.S. mail to the contacts listed on the Order Documents. Email notices are

effective when sent if no bounce-back is received; physical notices are effective upon

delivery confirmation.

18. Assignment

Neither party may assign this Agreement without the other's prior written consent, except

Vendor may assign to an affiliate or in connection with a merger, reorganization,or sale of

assets. Any prohibited assignment is void.

19. Independent Contractor

Vendor is an independent contractor. Nothing herein creates a partnership, joint venture, or

employment relationship.

20. Governing Law; Venue; Electronic Signatures

This Agreement is governed by the laws of the State of Nebraska. The parties agree that any legal action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Nebraska, and each party consents to the jurisdiction of such courts. The parties' consent to conduct transactions by electronic means and agree that electronic signatures and records are legally binding to the fullest extent permitted by

applicable law.

21. Miscellaneous

(a) Severability, If any provision of this Agreement is unenforceable, the rest of the Agreement remains in effect.

(b) Waiver. A waiver of any provision or paragraph of this Agreement must be in a signed writing and is not a continuing waiver.