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The Legal Paige Blog - The Clauses You Absolutely Should Have in a Florist Contract

The Clauses You Absolutely Should Have in a Florist Contract

Florists are some of the most creative people in the event business. They can take an ordinary thing like baby’s breath and turn it into an archway masterpiece. TLP understands that Florists are not only creatives but also entrepreneurs.

It takes hard work to establish your business and reputation so we want to help you protect what you have created. Having a contract in place is crucial for protecting your business.

TLP’s Florist Contract addresses specific issues that florists face regularly when working with clients! There are several key clauses in that Florist Contract that are absolutely essential, so let's dig into what they are and why you need them!


Fees Clauses + A Right to Adjust Pricing Language

Your Florist Contract should start with a Fees and Retainer Clause, Rescheduling Clause and Client Cancellation Clause.

These clauses explain your rates, your retainer policy (usually including a non-refundable retainer) and let your clients know upfront penalties for late payments and nonpayments.

Within the “Fees and Retainer” section of your Florist contract should also be legal language related to ‘Right to Adjust Pricing’. This type of legal language ensures that if there is an unexpected jump in the cost for florals, vases, greenery, or any other supplies that is beyond your control that you can still adjust your pricing prior to placing your wholesale order for existing customers. You would enforce this clause when there is an unexpected rise in costs due to inflation or a national emergency (like Covid-19). You should not enforce this clause for normal gradual cost increases as this should already be included in your base rate and adjusted from time to time.


Exclusive Florist & Florals Clause

The Exclusive Florist and Florals Clause restricts your client from hiring multiple florists for the same event and restricts the client from arranging their own floral arrangements for their event.

This clause is crucial because you do not want your work to get confused with another florist's or your own client’s work (or Aunt Jenny who decided to rearrange your tablescapes once you leave the venue).

Part of growing your brand is to create goodwill with consumers regarding your goods and services. If your work is getting confused with another’s work that may not be up to par with your own it could tremendously damage your brand’s goodwill. Your clients should be trusting you with their event vision with all florals, and should respect your craft and artistry!


Florist Style & Discretion Clause

This leads us to the next clause regarding Florist Style & Discretion. This clause addresses the fact the client has hired you based on your amazing work and unique style.

Although clients can put in requests for the type of arrangements they want at their event, you are the expert and the final arrangement and the type of florals you use should always be up to you!

This clause also ensures that a client cannot hold you liable if you substitute some of the flowers for a different kind because the original type flowers they requested and you have bought for the event are not of good quality when they show up. Ultimately, this clause ensures that decisions regarding floral arrangements are, at the end of the day, your final decision.


Floral Substitution & Sizing

The Floral Substitutions & Sizing clause goes hand and hand with the Florist Style and Discretion Clause and protects you prior to making your wholesale order.

This clause ensures that you have the final on any floral substitutions due to demand, the season, and availability.

Some flowers that a client requests may not be available to order due to unforeseen situations such as a low supply. Additionally, this clause ensures that your client understands that florals vary in coloring and sizing and not everything may look exactly how it does on their Pinterest board.


Changes to Floral Quote

Your Florist Contract needs a clause regarding changes to the floral quote to protect yourself from indecisive clients who continue to change their order until the last minute.

This clause can be customized to your business practices and whether you allow changes to the order and the time period on which these changes can be made. You need time to order the flowers and supplies, and get a plan in place for the arrangements. This clause ensures that your clients give you the time needed to prep for their event.


Delivery, Set-up & Tear-down

Finally, this essential clause is for clients who are wanting the complete florist package including delivery, setup, and teardown of all florals.

This clause helps your clients understand what additional fees come with your delivery, set up, and tear down as well as your time frames. It discusses your travel fees which cover any and all things regarding travel: gas, lodging, and costs of driving (yes, you should be paid for gas and your time!).

It is important to be clear and upfront with your clients from the beginning on what travel is included in their package, what additional services you are willing to do, whether you are willing to travel, and additional fees that may need to be charged for lengthy travel.


TLP’s Take

It’s no secret that in the florist industry your artistry is your most valuable asset!

It speaks for itself and shows your clients just how talented and versatile you are. This is why it’s SO important for you to have your business' back end protected. One huge way to do it is with a solid contract specifically tailored to your florist business. 

Wondering where to start? All of these clauses (plus so many others) in the TLP Florist Contract can be purchased below.


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