TERMS AND CONDITIONS
     Thank you for choosing Emunah Pty Limited Trading As Emunah Events (hereafter “our”, “we”, “us”) for your special event. This is an Agreement under which you (hereafter ‘the Client’, ‘you’ or ‘your’) agree to use the Services (‘the Terms’) supplied by us.
Please read these terms carefully before booking with us or using our Goods and Services. The Terms below are important because they set out the rights and obligations of you as the Client, when using our Goods and Services (‘Your Booking’).
Your Booking is confirmed once we have received an executed copy of these Terms. However, where you fail to provide an executed copy of the Terms but proceed to use our Goods and Services or pay the required amounts outlined in Clause 2.4(a) – (e), you confirm your agreement to be bound by these Terms. This agreement expressly supersedes prior agreements or arrangements with you.

1. Scope of Services

1.1. We provide professional services outlined in the Schedule (hereafter ‘the Goods and Services’).

1.2. We offer these Goods and Services the nature of which is outlined in Item 1 of Schedule A.

1.3. If you do not;
i. accept these Terms;
ii. where applicable, pay the Booking Fee outlined in the Quote;
iii. pay for any Custom Work needing done, in accordance with the Quote;
then any tentative booking may automatically lapse and will be available for another interested party to book us to provide the Goods and Services on your Booking Date.

1.4. Should the scope of services be altered after entry into this Agreement, we will make all reasonable efforts to accommodate these alterations, however acceptance of such alternations will be in our sole discretion and we reserve the right to charge additional fees. Where the proposed changes, or proposed additional charges, are not accepted, either party may terminate the Agreement

1.5. We reserve the right to be retained as the exclusive Event Designer/Planner and Florist to complete the entire job. Exceptions may be décor/hired items which may be negotiated individually. Strictly no other Event Designer/Planner and Florist will be engaged in conjunction with us for your event.

2. Quotes and Payments

2.1. Quotations are valid for thirty (30) days. We will contact you at the conclusion of the validity period to confirm.

2.2. Upon accepting the quote, you are agreeing to the items and the total value listed. Should you wish to make changes to the quote, we require a minimum of four (4)
 calendar weeks notice before your event date. Please note the quoted amount cannot be reduced by more than 10% of the original amount quoted.

2.3. Each person who has executed these Terms will be jointly and severally liable for all payments owing to us.

2.4. You are required to pay for the Goods and Services as follows:

a. Where applicable, the Booking Fee as outlined in the Quote and in accordance with Clause 2.5;
b. Any Custom Work required, outlined in the Quote and in accordance with Clause 2.6;
c. The Final Payment, as outlined in and the Quote in accordance with Clause 2.8;
d. Any Bond which is due, as outlined in the Quote and in accordance with the Hire Items Supplementary Terms.

2.5. Booking Fee

a. Where your Package requires you to do so, you must pay a Non-Refundable Booking Fee immediately upon booking with us. The Booking Fee required to be paid is contained in the Quote.
b. By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable. The purpose of the Booking Fee is for, but is not limited to, securing our Services for a specified date, related consultations, research, quoting, rent, licensing, insurances, administration and ongoing client management.

2.6. Custom Work

a. Where you make a Booking with us and require custom design, build or print of an item, structure, or any other material, you are required to pay the full amount for that custom design prior to any order for such Goods is made. This amount is outlined in Item 3 of the Schedule A. You acknowledge and accept that all monies paid for custom orders are non-refundable.
b. Where Custom Work is required during the process and not initially paid for at the beginning, a further invoice will be issued. That invoice must be paid and ensure all monies sit cleared in our bank account within forty-eight (48) hours from the date of invoice.

2.7. Final Payment

For Final Payment for the Goods and Services, the remainder of the full Package price is due four (4) calendar weeks prior to your Booking Date. This amount is outlined in the Quote, unless otherwise amended by the parties up to the date where this amount is due

2.8. Bond
You may be required to pay a “bond” before taking possession of any hire items and it is done by adding the amount outlined in the Quote.. The terms relating to the Bond are contained within the Supplementary Terms for Hire Items.

2.9. Where further Goods and Services are provided, or you wish to change the scope and nature of the Goods and Services after the Final Payment is due, a further invoice will be issued. That invoice must be paid and ensure all monies sit cleared in our bank account within twenty-four(24) hours from the date of invoice or within twenty-four (24) hours of the Booking..

2.10. All prices are quoted in Australian Dollars and are exclusive of GST as a taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth). All rebates, discounts or other reductions in price will be calculated GST exclusive price.

2.11. For all payments we will provide you with an invoice for the Services in advance. Any payments made to us will be made via direct debit.

2.12. We reserve the right to refuse ordering any specific florals, completion or delivery of work until past the balance of any invoice is paid. This is unless other arrangements are agreed by us, at our sole discretion.

3. Introductions and Referrals to Third Parties

3.1. As part of our Goods and Services, we arrange and coordinate the Goods and Services of third parties. In the event that we do not engage with those third parties directly, but rather, make introductions and referrals to vendors, you are under no obligation to work with any vendors to whom we introduce. If you do use these vendors, you make the decision to use that vendor independently of our recommendation.

3.2. Where we arrange the payment of the Goods and Services of the third parties, we are doing it merely by way of facilitation, and with no intent to create legal relations between the third party and ourselves.

3.3. If you do engage a recommended vendor of ours, it is expected that you will be required to enter into terms and conditions with the vendor and it is your responsibility to fully understand the rights and obligations of that contractual arrangement. We cannot and will not give you advice on these contractual arrangements and you must take the opportunity to obtain independent advice, whether legal or otherwise, in relation to these contractual arrangements.

3.4. It is important that you understand that we are not responsible for the payment of invoices for any of these vendors.

3.5. We will not be liable for any claim, demand, loss, costs or expense made by any person arising from your relationship with a vendor introduced by us. You agree to indemnify and hold us harmless for any loss and damage arising from such relationship, or for any non-performance, error or change made by you or the vendor.

3.6. You acknowledge that if you need to change the date or any other aspect of your Booking, you may risk any monies paid to the vendor and those payments are your responsibility as the contracted party.

4. Cancellation of Booking

4.1. You may cancel this agreement at any time, by notifying us in writing and by doing so, you forfeit the non-refundable Booking Fee.

4.2. Where you wish to cancel, any monies paid up to that date will be retained.

4.3. We allow postponements. In instances where you wish to postpone, you may do so for a date that is within twelve (12) months from the date of your initial Booking Date. Any monies paid to date will be credited towards your new Booking Date.

4.4. If the postponement is for a date greater than twelve (12) months from the date of the original Booking Date, a new Quote must be obtained. Where you accept the new Quote, monies paid to date will be credited towards that new Booking. Where you do not accept the new Quote, all monies paid to date will be retained.

4.5. Where you are required to change the location of the event, such relocation will incur a change of location fee plus any applicable design and/or travel costs associated with these changes in circumstances.

4.6. You accept that the above cancellation fees are necessary and fair to compensate us in the event of a cancellation, rescheduling or relocation.

4.7. We may terminate the agreement between the parties where you are in breach of the Terms, including but not limited to the non-payment of invoices. Where we terminate the agreement for breach, you will be responsible for all fees and disbursements incurred or accrued prior to termination.

4.8. We may withdraw our Goods and Services in some circumstances. Such circumstances include discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors.

5. Cooperation

The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. We are not responsible for key individuals’ failure to be present or to cooperate during any meetings with us, or the Booking itself.

6. Communication

6.1. We are in the office between 8.00am – 3.00pm Tuesday to Friday and are generally available during these hours. We can be out of the office for meetings or onsite at a wedding/event at any time during the week/weekend and apologies if there are delays in our responses. If the matter Is urgent, we encourage you to call/text us and we will get back to you as soon as we can.

7. Confidentiality

7.1. Confidential information (the "Confidential Information") refers to any data or information relating to you, whether business or personal, which would reasonably be considered to be private or proprietary to you and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the you.

7.2. We agree that we will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which we have obtained, except as authorised by you or as required by law. We further agree that we will not disclose, divulge, reveal, report or use, for any purpose, any personal information of yours, without the prior written consent by you. The obligations of confidentiality will apply during the term of the Agreement and will survive indefinitely upon termination of the agreement.

8. Your Obligations

8.1. You understand that we require fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunication on your part will not be treated by us as an emergency. You understand that we may require detailed clarification of events/projects to meet your expectations and provide the best support and highest quality work.

8.2. You understand that last minute changes can impact the quality of the event and as a result, will not be responsible for these compromises in quality.

8.3. All concept decisions are to be finalised and vendors chosen at the earliest convenience. Where you make late changes to your concept design, you may be required to pay further charges.

9. Intellectual Property

9.1. Any work performed by us, including styling ideas, designs, concepts, photographs, or documents (including concept boards) are protected under all relevant Copyright Laws (with all rights reserved) and may not be reproduced, duplicated or altered in any manner without our explicit written permission.

9.2. Unless otherwise agreed, no intellectual property (being all rights (whether present or future) conferred by any license, statute, common law or equity in, and in relation to, copyright, patents, trade or service marks, branding, designs, plans, conceptual briefs, know how, inventions, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields) arising from our Goods and Services will vest with/in you.

9.3. You acknowledge that we own all images and/or videos of you using our Goods and Services on or before the Booking Date. We remain the owners of those images and/or videos and you must not use them without our permission.

10. Insurance

It is your responsibility to ensure all other vendors and contractors (that will be in the same location as us) have the necessary insurance should any loss, damage or expense be suffered by us.

11. Safety

11.1. You agree, while working with us, both prior to your Booking Date and during, you are not to undertake any illegal or dangerous activities that threaten our safety and well-being.

11.2. Unless legislation provides otherwise, it is your responsibility to ensure you, and other vendors, are following health government regulations (including those relating to COVID-19 and those restrictions relating to gatherings and social distancing).

11.3. If these regulations are not strictly adhered to and we feel our personnel is at risk, we reserve the right to exit the location and cease our duties. In doing so, you will forfeit any fees paid.

11.4. We are not responsible for the failure of the participants and guests to follow any health government regulations (including those with regards to COVID-19, restrictions on gatherings and social distancing).

11.5. To the fullest extent permitted by law, we will not be liable to you or any person for any claim resulting from issues relating to COVID-19 and the following of mandatory rules and regulations relating to the same.

12. Subcontracting of Services

In the unlikely event of severe medical, natural, or other emergencies, we will make every effort to secure Goods and Services in replacement. If suitable replacement Services replacement are not found, responsibility and liability is limited to the return of all payments received by us for the Services. We do note however that we use subcontractors or freelancers to assist us in providing Goods and Services. You agree to this occurring.

13. Warranty, Liability and Indemnity

13.1. To the extent that the Australian Consumer Law allows, we provide the Services on an “as is” and “as available” basis and disclaim all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Goods and Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.

13.2. To the fullest extent permitted by law you agree that neither we (nor our employees, officers or contracted personnel) will be liable to you or any person for any loss, damage, claim, cost or expense resulting from or arising out of your use (or inability to use) our Goods and Services. This includes any direct, indirect or consequential loss, even if such loss was not contemplated at the time of making the Booking or accepting these Terms.

13.3. To the fullest extent permitted by law, you agree to indemnify us, and our officers, directors, employees from and against all claims, including reasonable legal costs, resulting from any breach of the Terms or any activity related to your use of the Goods and Services, (including, without limitation, infringement of any third party’s copyright, trade mark, patent or other intellectual property rights anywhere in the world or any negligent or wrongful conduct) and any liability for any claim, whether direct, indirect, incidental, special and/or consequential loss even if such loss was not contemplated at the time of making the Booking or accepting these Terms.

14. Force Majeure

14.1. We will not be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Terms that is caused by any act or event beyond our control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by vendors (known as ‘force majeure circumstances’).

14.2. If a genuine force majeure circumstance occurs and means that the performance of our obligations under the Terms, and has become impossible, we will contact you as soon as reasonably possible to notify you. Our Services will be suspended and the time for performance of our obligations under the Terms will be extended for the duration of that force majeure circumstance. This clause does not apply in circumstances where an event outside of our control occurs but the circumstances still make the Booking possible (notwithstanding any inconvenience or hardship).

14.3. If you cancel the booking or vary the booking because the alleged event outside of our control causes mere inconvenience or changes the booking in a manner that does not suit you, any fees and charges that are deemed non-refundable remain so and we are only obliged to use its reasonable endeavours to provide an alternative date
.
14.4. In genuine force majeure circumstances, we will endeavour to arrange a new Booking Date with you after the event outside of our control is over.

14.5. Parties must use all reasonable endeavours to mutually agree on a new date, but if the parties are unable to agree on an alternative date, the Booking will be considered cancelled, and all monies paid are retained. In force majeure circumstances, where an alternative date can be provided, we will credit any amount paid already for a date that can be mutually agreed.

14.6. In instances where you wish to postpone, you are allowed one postponement only. The new Booking Date, or use of the credit note, must be within twelve (12) months of the original Booking Date otherwise your postponement will be treated as a new Booking.

14.7. If you choose to book again and an event beyond our control is reasonably foreseeable, then the booking is done so at your own risk, and we will not be liable for any loss suffered as a result of the failure of your second booking to proceed. We are under no obligation to provide a further date as a result of any cancellation or postponement.

14.8. For the purposes of this clause, “wet weather” is not considered to be a force majeure circumstance and as such, postponements for this reason will be treated as a cancellation in accordance with Clause 4.1.

15. Jurisdiction

These Terms are governed exclusively by the laws of the Queensland. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Queensland.

16. Severability and Waiver

If the whole or any part of a provision of this Agreement is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This does not apply if the severance of a provision of these Terms in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under these Terms. Any failure by us to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted to you in writing.

17. Execution by Parties

17.1. Where your Booking is for a wedding, this agreement must be executed by each partner named. In instances where it is signed by one party, the signing party acknowledges and warrants that they have the authorization to execute the agreement on behalf of the other party. In doing so, they also warrant that the other party has read and understood the Terms prior to providing permission to execute.

17.2. Where your Booking is for a general event, this agreement must be executed by an authorised officer capable of binding the party of these Terms.

17.3. Where you fail to provide an executed copy of the Terms but proceed to use our Services or pay the required amounts outlined in Clause 2 or 3, you are considered to have accepted these Terms.

SCHEDULE C: SUPPLEMENTARY TERMS FOR FLORISTRY

1. Creating the Work

1.1. All flowers and foliage are subject to seasonal quality and availability.

1.2. Unfortunately, we cannot guarantee availability, exact colours or shades of specific product. When working with Mother Nature, there are no guarantees. Unseasonably warm, wet or cool seasons have a dramatic impact on flower and foliage availability.

1.3. Regardless of the availability of specific products, we will always adhere to the agreed colour palette and style of floral design, as outlined in our supplied design inspiration.

1.4. We reserve the right to substitute all products to ensure the highest quality ingredients are used. If needed, a final consultation can be arranged to discuss alternative options.

1.5. We often use dyed flowers in our designs and will not be held liable for staining to any garments or other surfaces due to their usage.

1.6. Styling items, containers and vases may change due to supplier issues, we will substitute the selected product with items of greater or equal value, in line with the overall look and feel for the event.

1.7. Refunds will not be given for minor changes in flower type or appearance.

1.8. Upon payment of the Booking Fee, the final balance of the agreed invoice amount cannot decrease by 10% in value, including in circumstances where you seek to cancel or vary items included on the agreed invoice.

1.9. All final details of the Event must be finalised between six (6) to eight (8) weeks prior to the event. Flower orders will be placed four (4) calendar weeks prior to the Event.

1.10. Once floral orders are placed, you are responsible to pay for the order in full, regardless of whether or not your Event continues on the planned date.

2. Delivery of the Goods

2.1. Delivery of the Flowers will be made on your Booking Date and at a mutually agreeable time and location on that day.

2.2. Times will be outlined to the client prior to the event. Whilst every endeavour will be made to adhere to these times, there may be situations out of our control which lead to delays (roadworks, accidents, breakdowns). Should this occur the contact(s) listed will be given any update(s)required.

2.3. We accept no responsibility for items provided by a third-party that are not fit for use (unsafe or not suitable to bare weight) and/or not delivered on time, forcing the job to not be executed as planned (e.g. should an arbour hired by the client from a third party not be delivered on-time, forcing the timeline back to the original outcome not achievable).

2.4. In the event that you request for floral arrangements to be delivered at any time prior to the Event, we will not be held responsible for, including but not limited to;

2.4.1. the care of the Flowers;
2.4.2. the visual design;
2.4.3. maintenance;
2.4.4. watering;

and the like after delivery.

2.5. Should floral arrangement or attached accessories become damaged in any way, shape or form from the delivery of the arrangement, we do not guarantee that we will be able to assist in rectifying the arrangement.

2.6. Once the Flowers are delivered, we cannot be held responsible for any personal injury, damages or breakages to such Flowers, including the degradation of flowers resulting from heat or exposure to elements.

3. Floral Arrangements

3.1. We provide an invoice that outlines the style of flowers that will be used for your Event. Whilst we understand that the names of flowers can be varied and different, it is your responsibility to research and confirm that the style of flowers outlined for the Event are in line with those requested by you.

3.2. Where we have assisted you by providing photos in the proposal or used photographs in discussions with you, we will not be held responsible/liable if the flowers on the day are different to the guide photographs used, due to likely editing of photographs from the internet or various other sources.

3.3. We cannot guarantee the replication of photographs of arrangements provided to us by you, and do not guarantee that the arrangements and flower requested can be provided due to factors including, but not limited to, seasonal changes, availability, suitable quality of items and restrictions in transportation such as international importation.

3.3.1. In such circumstances, we endeavour where possible to provide similar styled, coloured and shaped arrangements to those requested.

3.3.2. Where we are unable to provide arrangements of a similar style, colour or shape, we will communicate with you should there be significant changes required, which deviate from the outlined arrangements.

3.3.3. We reserve the right to substitute a requested flower if required.

3.4. As outlined in these Terms, prices are subject to variation. Flowers attract premium prices at certain times of the year, and therefore are subject to a price increase during, but not exclusively, these peak periods;

3.4.1. Two (2) weeks before, after and including 14 February;
3.4.2. Two (2) weeks before, after and including the Australian date for Mother’s Day;
3.4.3. Two (2) weeks before, after and including Christmas;
3.4.4. Two (2) weeks before, after and including New Years Eve.

4. Floral Installations

4.1. You warrant that you have obtained approval (by way of licenses, permits or otherwise) in order to hold your Event at its location and with the structures, equipment and materials arranged. We will not be a liable for any loss, damage or delay as a result of failing to obtain such approvals. It is your responsibility to determine what approvals will be required.

4.2. You agree that it is your responsibility to arrange for any structures or hire equipment necessary for the floral installation required.

We will be responsible for the breakdown of any installations. We will outline any charges relating to the breakdown of these installations in our Quote.
4.3. If we have been contracted to breakdown materials, equipment and structures, all flowers, containers, rentals, and sundry items provided by us, these will be removed and dealt with by our team unless other arrangements have been made. We will not be responsible for the breakdown and removal of any furniture, props, vessels, containers, candles, etc. that have not been provided by us.

4.4. All packaging equipment such as tubs, storage containers and the like must not be thrown away at any stage and all items hired by you must be repacked in the same way as they were received. We reserve the right to invoice you after the event for any replacement costs of damaged and/or misplaced packaging equipment.

4.5. If you have an event or hire items booked and the weather is predicting rain on your Booking Date, you may require an alternative arrangement made as to location of equipment or materials. We reserve the right to refuse to deliver items where they are may be exposed to inclement weather conditions.

 
SCHEDULE B: SUPPLEMENTARY TERMS FOR INTERNAL HIRE ITEMS

1. INTERNAL HIRE ITEMS
1.1. In accordance with the terms of this Agreement, where required, we will deliver the Hire Items on the Installation Date to the address specified in the Quote (“Site”).

1.2. The Price is determined on the basis that the Site is easily accessible and available for the delivery and collection of the Hire Items in accordance with the terms of this Agreement.

1.3. You must:

1.3.1. provide all electricity and electrical items required for the Hire Items. You agree and acknowledge that we will not be held liable for any electrical issues or malfunctions; and

1.4. Any request to cancel or change the Hire Items must be submitted to us within fourteen (14) days of the Installation Date. We reserve the right to accept or reject any such requests at our full discretion.

1.5. The Hire Items will, at all times, remain our property. You have no legal or equitable interest in the Hire Items or any part thereof. Your possession of the Hire Items (upon delivery) will be as a Bailee for entire period including and between the Installation Date and the Collection Date (“Period of Hire”).

1.6. Where we deliver Hire Items, upon delivery, the Hire Items must be inspected by you to determine whether the Hire Items delivered are complete in accordance with this Agreement and are in good order and working condition. Where you collect the items from us, you will be required to sign them out and back in. When doing so, you are deemed to have satisfied yourself that the Hire Items are suitable, fit and merchantable and capable of meeting all the requirements of the Hire Items.

1.7. Any shortages or malfunctioning of the Hire Items must be notified by you to us, in writing, within 24 hours of the Installation Date.

1.8. During the Period of Hire, and for any period of time you are in possession of the Hire Items, you are a bailee of the Hire Items. In addition to all duties imposed at law upon bailees, it is an essential term of this Agreement that you will:

1.8.1. At all times exercise all reasonable care and diligence in the use of the Hire Items in accordance with Manufacturer’s or Owner’s specifications;

1.8.2. Where you have responsibility to return the Hire Items, you must return it in a clean state and in good order and working condition to us at our address for delivery on or prior to the expiration of the Period of Hire;

1.8.3. Where we are to collect the Hire Items at the expiration of the Period of Hire, you must make them available for collection in a clean state and in good order and working condition at the Site on the Collection Date;

1.8.4. Not tamper or in any way interfere with, or repair or attempt to repair the Hire Items;

1.8.5. Be responsible for all accidental damage to the Hire Items, save and except where, in our reasonable opinion, such damage is caused by us;

1.8.6. Be responsible for all loss or damage to the Hire Items including damage or loss to any cartons, boxes and packaging, the presence of any candle wax or any other damage, except for damage which has been caused by reasonable wear and tear;

1.8.7. At no time during the Period of Hire part with possession of the Hire Items or in any way deal with them in a manner inconsistent with our rights as owner;

1.8.8. Ensure that the Hire Items are secure at all times and where being stored in unlocked premises, supply such security measures to ensure that the Hire Items are secure at all times;

1.8.9. Keep the Hire Items safe at all times during the Period of Hire;

1.8.10. Not remove or deface any label, Manufacturer’s serial numbers or other marks identifying the Hire Items and/or our ownership of the Hire Items; and
1.8.11. Not permit any person to improperly use the Hire Items.

1.8.12. Ensure that we are able to access the Site at all times specified by us and at all other reasonable times so as to enable us to provide the Services;

1.8.13. Ensure that the Hire Items when installed remain in place at the Site for the Period of Hire and that the Site is not required for any other purpose which would
 require the Hire Items to be dismantled and re-installed or which may put the whole or any part of the Hire Items at risk of being lost damaged or destroyed;

1.8.14. Do all such things as are necessary to discharge your obligations under all applicable Workplace Health and Safety legislation, regulations and codes of practice so as to ensure that the Site and the Hire Items as installed are safe and free from defects and dangerous conditions;

1.8.15. Ensure that where the Hire Items are being installed on any structure or held in place by any structure that the structure is capable of holding the weight of the Hire Items and that the structure is properly erected so as to be safe and so as to take the anticipated loads involved in holding the Hire Items;

1.8.16. You acknowledge that we may in providing the Services be dependent upon other contractors preparing the Site for the Hire Items or their installation. We will not be liable for any delay in installing the Hire Items or for providing the Services where such delay is a consequence of any act or omission.

1.9. In the event that the Hire Items or any part of them are lost, stolen or damaged during the Period of Hire in circumstances where you bear responsibility under this Agreement, you will be liable to us and will indemnify us for the cost and expenses of the replacement of such lost or stolen Hire Items and/or for the replacement of Hire Items which, in our sole determination, are damaged beyond repair and/or for the costs and expenses of repairing or re-instating damaged Hire Items. For the avoidance of doubt, candle wax on any Hire Items constitutes damage.

1.10. You agree that, at a minimum, replacement cost of any hire items may amount of two times the hire paid.

1.11. In the event that you fail or refuse for any reason whatsoever to return or make available for collection the Hire Items to us at the expiration of the Period of Hire, then you will be in breach of an essential term of this Agreement and without prejudice to any other rights which we may have, either pursuant to this Agreement or at law, you will be liable to pay us on a Day-Rate basis for the hiring for Hire Items for such further period.

1.12. For the purposes of clause 1.10 above, such further period of time will commence at the expiration of the Period of Hire and conclude at the earliest to occur of, the date when the Hire Items are returned to us in good working order and condition or the date when we receive from you the full monetary compensation for the loss or damage to the Hire Items. The loss or damage to the Hire Items will be the replacement cost of the Hire Items at that time or, where the Hire Items cannot be replaced, the cost of new substitute Hire Items that can substantially be used for the same purpose as the lost damaged or destroyed Hire Items. In addition, you fully indemnify us for any other liability, loss or cost that we might sustain as a consequence of us being unable to meet any other contractual obligation to supply those Hire Items (or any other item thereof).

2. EXTERNAL HIRE ITEMS

2.1. All props or hired items by you from an external source must be communicated to us to preserve the consistency of event.

2.2. Any damage to goods or lost or stolen hire items must be accountable by you and will incur a full replacement fee in accordance to the external vendors terms and conditions. This includes but isn’t limited to candle wax, Burns, Artificial dyes or stains that cannot be removed from linen & furniture.

2.3. You shall remain responsible for all goods supplied.

2.4. An additional charge will incur for goods not returned or made available for pickup at time of event pack down.

2.5. Linens: All hired linen must be accounted for and made available for collection at time of pack down. Severely soiled and damaged linens will be at a replacement fee to the hirer.

2.6. Cutlery & Crockery: All hired cutlery and crockery must be rinsed clean and made available for collection at time of pack down. Items returned un-rinsed or unaccounted for will be at a full replacement fee to the hirer.

2.7. Any props or hired items for the event not provided by us are not to be guaranteed by us, even in cases where our items are integrated. In such cases, any alterations deemed necessary will be made to preserve consistency and we will be blameless.

3. LIMITATION OF LIABILITY

3.1. Our liability is limited as follows:

3.1.1. We are not liable to you for any loss or damage which you might sustain as a consequence of you ordering the wrong Hire Items or insufficient quantities of the Hire Items or where the Hire Items are hired for a purpose which is outside of the Hire Items’ function.

3.1.2. We are not liable for any damage or loss suffered by you as a consequence of any late delivery of the Hire Items to the Site if you have agreed to the hire less than 24 hours prior to the required Installation Date.

3.1.3. We will have no liability where the Site is not prepared for the delivery and installation of the Hire Items on the Installation Date.

3.1.4. We have no liability to you for any damage or loss which you might sustain where the cause of that damage or loss is the negligence of you or any of your agents or guests.

3.1.5. It is your responsibility to ensure that the Site is safe and you indemnify us against any liability to any third party who suffers injury, loss or damage where such injury, loss or damage is caused wholly or partly as a consequence of any negligent act or omission or other failure on the part of you to ensure that the Site is safe.

SCHEDULE D: SUPPLEMENTARY TERMS FOR FLORAL WORKSHOP

1.0 Attendence 
1.1 Due to the nature of these curated workshops, we are unable to offer refunds, so please ensure you are able to attend the workshop prior to booking.
1.2 If you are unable to attend, you must notify Emunah Events in writing. You can transfer your booking to another person; however, this will need to be arranged by you and you must notify Emunah Events in writing of the change 2 weeks prior to the workshop.
1.3Attendence Requirements -  A Minimum of 5 people is required for our workshops to go ahead. If we are unable to secure bookings for 5, all students will be notified in writing and full refunds will be given.
1.4 Photography - All images taken remain the property of Emunah Events. Professional Images provided can be used by you as content, we request that you tag Emunah Events and any other vendor in your social media posts. Under no circumstances are the professional images to be used as promotional material, branding or advertising by you.
1.5 We require that you follow any Occupational Health and Safety requirements while onsite as you are not covered by Emunah Events insurance while you are at Emunah Events HQ.