7. A non- refundable reservation fee of $25.00 is required to secure Dreamy4u for your event. This amount will be added to your invoice upon completion of your order form. A 50% deposit is required to place an order. .This amount shall be subtracted from the event planning fee. The remaining balance of the event planning fee must be paid in Full 65 Days BEFORE the start of your event (unless other arrangements are accepted by Dreamy4u). IF your order is within the 65 days or less, then FULL PAYMENT IS REQUIRED. ALL RUSH ORDERS THAT ARE WITHIN A 30 DAY OR LESS PRODUCTION & DELIVERY TIMEFRAME WILL INCUR AN ADDITIONAL $200 FEE. A delivery charge of $30 will be added to all orders under 110 mile radius. Any delivery locations that are over 110 mile radius or more will incur a flat fee of $75. Please Note, We can not accomodate deliveries that are more than 165 mile radius from our address listed above.
8. Dreamy4u represents and warrants to Client that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Agreement; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, Client will not determine or exercise control as to general procedures or formats necessary to have these services meet Client's satisfaction.
9. If items are shipped, Client is responsible for shipping costs. Dreamy4u reserves the right to ship vis UPS, FedEx, or USPS. If items are to be delivered, Client will be charged a flat rate fee for delivery based on distance. Dreamy4u is not responsible for displaying candle favors at your event. The Client is solely responsible for displaying their candle favors at their event.
10. This agreement of Dreamy4u to perform shall be excused by acts of God, or any other legitimate condition beyond Dreamy4u control. If such circumstances arise, all reasonable efforts will be made by Dreamy4u to find comparable replacement event planning at the agreed upon fees. In the event, that Dreamy4u is unable to procure a replacement, Client shall receive a full refund of all fees paid to Dreamy4u. Client agrees that in all such circumstances, Dreamy4u liability shall be exclusively limited to refunding the fees paid and that Dreamy4u shall not be liable for indirect or consequential damages arising from any breach of this contract.
11. In the event of non-payment, Dreamy4u retains the right to attempt collection through all legal and permissible means. Client will be responsible for all court fees, legal fees, and collection costs incurred by Dreamy4u.
12. This agreement cannot be canceled except by mutual written consent of both the Client and Dreamy4u. If cancellation is initiated by the Client in writing and agreed to by Dreamy4u in writing, Client will be required to pay any unrecoverable costs already incurred by Dreamy4u (but not more than the total fee agreed upon.
13. Cancellation fees are as follows:
- 90 Days or more are funds are fully refundable less $25.00 reservation fee.
- 60-89 Days prior to event only 50% of total will be refundable
- 30 -59 Days prior to event only 40% of total will be refundable
- 15 -29 Days prior to event only 25% of total will be refundable
14 Days prior to event, Non-Refundable
14.Client agrees to defend, indemnify, assume liability for and hold Dreamy4u harmless from all claims, demands, damages, losses, suits, proceedings, penalties, expenses or other liabilities including attorney fees and court costs, arising out of or resulting from the performance of this contract, regardless of the basis (except for gross negligence on the part of Dreamy4u
15. Client may not transfer this contract to another party without the prior written consent of Dreamy4u
16.This agreement is not binding until received and signed by Dreamy4u. Any changes must be written about and signed by both the Client and Dreamy4u. Oral agreements are non-binding. The latest contract supersedes all previous contracts between Client and Dreamy4u for the event listed above. If any clause in this Agreement is found to be unenforceable by a court of law, the rest of this Agreement shall remain in full force and effect.
17 This Agreement may be executed in multiple counterparts, and each such executed counterpart shall be deemed an original, but all of which together shall constitute a single agreement.
18 Dreamy4u may elect not to exercise rights specified in this agreement. By doing so, Dreamy4u does not waive their right to exercise those rights at a future date.
19. Upon delivery, the items will be inspected and signed for, thereby releasing Dreamy4U from any further obligations.