By engaging in services with BORROWED & BLUM, LLC (hereinafter referred to as "Company," "we," or "our"), you (the "Client") agree to the following terms and conditions. These terms govern the use of our services, including rental, purchase, or any other product or service provided by the Company. Please read them carefully.

 

1. General Terms

Company Overview:
BORROWED & BLUM, LLC is a limited liability company providing floral designs, event rentals, and event coordination services for private and corporate events.

 

Agreement:
These Terms and Conditions represent the entire agreement between the Client and the Company. By signing the contract, making a payment, or using our services, you agree to be bound by these terms. Any additional documents, such as quotes or invoices, are incorporated by reference.

 

2. Payment Terms

Payment Methods:
We accept payments via [credit card, Apple Pay, Google Pay, PayPal, etc.]. Payments for services may be made through our online payment system or directly via an invoice from the Company. All payments must be made in USD unless otherwise agreed.

 

Deposit & Full Payment:

• A non-refundable retainer of 50% of the total invoice is required at the time of booking to secure the reservation of products or services. The retainer amount will be deducted from the total price.

• The remaining balance is due no later than 30 days before the event date or another designated time, unless agreed otherwise in writing.

• If payment is not received by the due date, the Company reserves the right to cancel the contract, and all payments made (including the retainer) will be forfeited. In such cases, the Company will notify the Client at least [21] days before the event.

 

Late Payments:
If payment is not received on time, the Client will incur a late fee of 10% for every 7 days past the due date. In extreme cases, the Company reserves the right to cancel the order, retain all amounts paid, and seek further legal action.

 

Price Adjustments:
Prices for rentals or services are subject to change due to factors like market fluctuations, supplier prices, or other unexpected changes. Clients will be notified of any changes, and the new prices must be paid by the Client 14 days before the event. If a price change exceeds 20% of the original quoted price, the Client may cancel the booking and receive a full refund (excluding the non-refundable deposit).

 

3. Cancellation & Refund Policy

Cancellations by Client:

• Cancellations made 30 days or more before the event will result in a full refund of all amounts paid, minus the non-refundable retainer.

• Cancellations made 30 days to 14 days before the event will result in a partial refund (e.g., 25% of the total balance), as the non-refundable retainer is excluded.

• Cancellations made less than 14 days before the event are non-refundable, and the Client will forfeit all amounts paid.

 

Cancellations by the Company:
In the rare case that the Company must cancel the booking due to unforeseen circumstances (e.g., business closure, staff illness, natural disaster, etc.), the Client will receive a full refund of all amounts paid.

 

Force Majeure:
In case of unavoidable circumstances, including but not limited to natural disasters, war, government restrictions, pandemics, or any other event beyond the control of the Company, the Client may reschedule the event without penalty, within 12 months of the original event date, subject to availability. The Client will be notified as promptly as possible of any force majeure event.

 

4. Substitutions & Modifications

Product Substitutions:
If any products or services ordered by the Client become unavailable due to unforeseen circumstances (e.g., stock shortages, supplier issues), the Company will provide a similar item of equal or greater value. The Client will be notified as soon as possible, and will have the right to approve substitutions.

 

Modifications by Client:
Any changes to the rental or service order must be submitted in writing and are subject to availability. Modifications made within 30 days of the event may incur additional charges. The Company will make every effort to accommodate changes but does not guarantee that specific items or services can be altered close to the event date. Modifications may include changes to the quantity, size, or type of rental items.

 

5. Client Responsibilities

Product Handling:
The Client is responsible for ensuring the safety and proper handling of all rental items from the time of delivery until pickup. The Client agrees that the rental items will not be altered, moved, or tampered with by anyone other than authorized Company personnel, without prior approval. The Client will also be responsible for ensuring proper access and space for setup.

 

Damage to Property:
The Client is responsible for any damage to rental items, whether caused by misuse, weather, or third parties. If any rented items are lost, damaged, or destroyed during the rental period, the Client will be charged the full cost of repair or replacement. Replacement charges are double the original rental cost.

 

Venue & Setup:
The Client is responsible for ensuring that the venue allows for the setup of our products. The Company is not responsible for any damages or issues caused by site restrictions, insufficient space, or other venue-related issues. It is the Client's responsibility to check with their venue to confirm whether the desired rental item(s) will fit in the desired area or position. If the venue does not meet the necessary requirements for setup, the Company will work with the Client to find a solution, but no refunds will be provided in such cases. 

 

6. Delivery, Setup, & Pickup

Delivery & Setup:
The Client agrees to ensure that the venue is ready for the Company's setup team, including providing adequate access and time. Delivery and setup charges may vary depending on location, distance, and complexity. An accurate quote will be provided before booking. The Client must provide at least 3 hours for setup, unless otherwise noted in the rental and service agreement.

 

Late Pickup Fees:
If rental items are unable to be picked up by the agreed-upon time, a late pickup fee will be charged based on the amount of delay. 

 

Any pickups past 9:00 PM are subject to a late-night retrieval fee, per the fee structure below:

 

After 9 PM: Additional charge of $100

After 10 PM: Additional charge of $200

After 11 PM: Additional charge of $300

After 12 AM (midnight): Additional charge of $400

 

Later pickup times are preferentially agreed upon within the rental and service agreement. In unforeseen circumstances, the Client will notify the Company if additional time is required and fees will be immediately paid for.

 

Out of Scope:
The Company is not responsible for any items not rented or provided by us, including but not limited to furniture, tableware, and venue-specific decorations. The Client must communicate clearly which items are to be included in the service.

 

7. Liability & Indemnification

Limitation of Liability:
The Company will not be held liable for any indirect, incidental, or consequential damages, including injury, property damage, or financial loss resulting from the use of our services. Our maximum liability for any claim will not exceed the total amount paid by the Client for the service.

 

Indemnification:
The Client agrees to indemnify and hold harmless BORROWED & BLUM, LLC, its officers, employees, agents, and contractors from any liability, loss, or damage, including legal fees, resulting from claims related to the use of the rental items, setup, or any breach of this agreement by the Client. This indemnification excludes any damages caused by the negligence or misconduct of the Company.

 

8. Fraud Prevention & Dispute Resolution

Fraud Prevention:
To prevent fraud, the Company reserves the right to request identification or proof of credit card ownership for any orders. The Company also reserves the right to cancel any order suspected of fraudulent activity. The Client will be notified promptly if fraud prevention measures are triggered, and the Client will have the opportunity to resolve the matter.

 

Dispute Resolution:
Any disputes or claims arising from these terms will first be resolved through negotiation between the parties. If a resolution cannot be reached, the parties agree to resolve the dispute via binding arbitration under the rules of the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules [including the Optional Rules for Emergency Measures of Protection]. The arbitration hearing will take place in Durham, NC, before a single arbitrator. Any legal action or arbitration will be governed by the laws of the State of North Carolina.

 

9. Privacy & Confidentiality

Data Collection & Use:
The Company collects personal and payment information to process transactions and communicate with clients. This information will not be shared with third parties except as necessary for business operations (e.g., payment processors). For full details, please see our Privacy Policy.

 

Confidentiality:
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the agreement. This includes, but is not limited to, event details, pricing, and business practices.

 

10. Miscellaneous

Severability:
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

 

Entire Agreement:
This Agreement, along with any other documents referenced herein (such as invoices or quotes), constitutes the entire agreement between the Client and the Company. Any modifications or amendments must be made in writing and signed by both parties.

 

Assignment:
The Client may not assign or transfer their rights or obligations under this Agreement without prior written consent from the Company. The Company may assign or transfer its rights or obligations under this Agreement without the Client’s consent.