Terms & Conditions

This is not the-so-fun stuff about your booking, but essential for you to know to ensure you have the best possible experience.

Purpose of the Agreement

Client wishes to hire Posh Picnics to provide services relating to Client’s luxury picnics as detailed in this Agreement. Posh Picnics has agreed to provide such services according to the terms of this Agreement.

Terms

Services

Posh Picnics shall provide Client with the following services and/or products: luxury picnic setup, and all add-ons that client has requested.

 

Location and Delivery of Services

Location. Posh Picnics shall deliver the Services to Client at the following location(s): public parks, personal property, hotel or public beach areas.

 

Delivery of Services. Posh Picnics will provide all Services by unless otherwise specified in this Agreement.  When the provided Services are tied to the number of guests that Client expects to attend Client's wedding or other event, Client agrees to notify Posh Picnics with an accurate guest count.

 

Cost, Fees and Payment

Cost. The total cost for all Services is due in full at the time of booking. Client shall pay the Total Cost to Posh Picnics as follows:

The total payment is a non-refundable retainer, unless contacted three (3) days prior to scheduled event. At a minimum, Client agrees that the retainer fee fairly compensates Posh Picnics for committing to provide the Services and turning down other potential projects/clients.

Exclusivity

Exclusivity. Client understands and agrees that he or she has hired Posh Picnics exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Posh Picnics hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

Intellectual Property

Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Posh Picnics in accordance with this Agreement, Posh Picnics owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Posh Picnics and may be used in the reasonable course of Posh Picnics’ business.

Permitted Uses of Product(s). Posh Picnics grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Vendor with attribution each time Client uses Vendor’s property. Personal use includes, but is not limited to, use within the following contexts:

  1. In photos on Client’s personal social media pages or profiles; or

  2. In personal creations, such as a scrapbook or personal gift; or

  3. In personal communications, such as a family newsletter or email or holiday card.

Artistic Release

Style. Client has spent a satisfactory amount of time reviewing Posh Picnics’s work and has a reasonable expectation that Posh Picnics will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency. Posh Picnics will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Posh Picnics' current portfolio and Posh Picnics will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

  1. Every client and event is different, with different tastes, budgets, and needs;

  2.  Planning services are often a subjective art and Posh Picnics has a unique vision, with an ever-evolving style and technique;

  3. Posh Picnics will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;

  4. Although Posh Picnics will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Posh Picnics shall have final say regarding the aesthetic judgment and artistic quality of the Services;

  5. Dissatisfaction with Posh Picnics's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Posh Picnics.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Posh Picnics shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification. Client agrees to indemnify, defend and hold harmless Posh Picnics and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Posh Picnics  provides to Client.

Use of Equipment. All Equipment supplied on hire is the property of the Company.

Any damage, loss or extensive cleaning will result in a fee to The Customer.

The persons hosting the event shall be responsible for any loss or damage to any items such as platters, ceramic bowls/plates, vases, props and other decorations. Fees will apply for replacement at the full cost of purchasing a replacement. These fees are payable within seven days of such loss or damage unless agreed otherwise.

The Customer shall pay for all equipment damage or loss however caused during that period. Damage includes but is not limited to;

  • Improper use of equipment

  • Disappearance of the equipment

  • Damage to, or loss of, the equipment from any unknown cause

  • Cigarette burns on any furniture or décor items. Smoking is not permitted on or near the property of My Pretty Little Picnic 

  • Red wine or other staining product spillages or stains on any furniture or décor items

With the exception of battery powered candles, no candles, fires or other flammable properties are to be lit during the booking.​

In the event of the Equipment being stolen from the booking site, the Customer shall notify the Company in writing stating the full circumstances of the theft and the time the police were notified.

The Customer shall also indemnify the Company for any such loss of the Equipment at the current replacement cost of the Equipment, and must pay that cost to the Company on demand.

 

All hired equipment must not be relocated from the designated place of set up by the company.

 

The Customer warrants that all equipment will not be left unattended for the duration of the booking.

The Company shall not be liable for any loss or damages arising out of the overloading, exceeding rated capacity, misuse, or abuse of the Equipment by the Customer and the Customer agrees to keep the Company indemnified in respect thereof.

 

In order to retake possession of the equipment, it shall be lawful for the Company to enter into or upon any premises where the same may be and the Customer hereby agrees to indemnify and to keep indemnified the Company against all liability and against all actions, suits, proceedings, claims, demands, costs and expenses howsoever incurred by the Company arising from the Company's entry into or upon any premises in exercise of its rights of repossession.

 

Any person agreeing to a booking and it’s terms and conditions on behalf of the Customer hereby agrees that he or she has the authority of the Customer to make this agreement on the Customer’s behalf and has the Customer’s permission to bind the Customer’s to this agreement and hereby compensate the Company against all losses and cost incurred by the Company arising out of the person signing this agreement failing to have such power and/or authority.

 

The Customer shall be responsible for giving any local or other authorities any necessary notice of their intention to occupy an area within the authority’s locality and shall pay all fees in connection therewith. In the event that the Company incurs or suffers any loss, costs or damages as a consequence of the Customer's failure to carry out its obligations under these terms the Customer shall be solely responsible and shall indemnify the Company for any such loss, costs or damages.

Cancellation, Rescheduling and No-Shows

Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Posh Picnics to render Services due to the fault of the Client or parties related to Client, such as failure of the picnic to occur or failure of one or more essential parties to the picnic to show up in a timely manner, Client shall  provide notice to Posh Picnics as soon as possible via the Notice provisions detailed in this Agreement. Posh Picnics has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Posh Picnics to provide the Services due to the fault of Client (or parties related to Client), and Posh Picnics will not be obligated to refund any monies Client has previously paid towards the Total Cost.  Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the picnic, or should it become impossible for Posh Picnics  to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.   For instance, if Posh Picnics is able to secure another, unrelated client for, then Posh Picnics may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost. 

Impossibility

Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

  1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or

  2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

  3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

 

Failure to Perform Services. In the event Posh Picnics cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

  1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

  2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and

  3. Excuse Client of any further performance and/or payment obligations in this Agreement.

General Provisions

Governing Law.The laws of FL govern all matters arising out of or relating to this Agreement, including torts.


Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

  1. Email

    1. Vendor's Email: poshpicnicsfl@gmail.com

    2. Client's Email: will be provided by client

 

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.