I understand that I will be added to the email list of Mayesh Wholesale Florist for the purpose of communicating with me on this purchase and that I can unsubscribe at any time. 

This is a legal contract between Mayesh Wholesale Florist, Inc. and yourself (collectively, the “Parties”); by purchasing your ticket to the Workshop, You agree to all of these contract terms.   

In consideration of the mutual promises, covenants, and considerations herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto covenant and agree as follows:

Terms

• The Workshop

  • The Workshop will be held on the date and location specific on the payment page. The Workshop will be held in person, and will include a floral demo and instruction, hands on design time, professional photos of (one) completed design, snacks, and beverages. Mayesh Wholesale Florist reserves the right to modify the content of the workshop at any time.

  • Transportation and Lodging

    • You will be responsible for all travel and transportation to and from the Workshop.

• Payment Terms

  • Ticket Sale. To reserve your seat at the Workshop, You will be required to pay a non-refundable, non-transferable payment of $350.00. This amount is nonrefundable because we will likely not be able to fill your seat in the case that you have to cancel your attendance. All payments made under this Agreement are nonrefundable. Mayesh is entitled to the total amount due under this Agreement.

• Cancellation, Termination or Rescheduling

  • Termination of Agreement. The Parties agree that if Mayesh Wholesale Florist is required to reschedule the Workshop, you will be given notice of the rescheduled date, and be given the opportunity to transfer your ticket to the new Workshop location/date. In the event of cancellation of the Workshop, Mayesh Wholesale Florist, will refund your ticket price. In the event of your breach of this Agreement, shall either Party wish to terminate this Agreement for any reason other than a breach of the terms of this Agreement, or cancellation of the Workshop event, change of heart, or date change/postponement of the Workshop event, Mayesh Wholesale Florist shall not return any unearned fees, if any, paid up to the point of termination, and Mayesh Wholesale Florist will have no further obligation to you. Termination of this Agreement will be effective upon receipt of written notice by the receiving Party.  

  • Cancellation by Client. If you decide to cancel your attendance to the Workshop, you expressly agree and understand that you will are not entitled to a refund by Mayesh Wholesale Florist.

  • Intellectual Property. You acknowledge that Mayesh Wholesale Florist owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos that may be used during the Workshop, or any related website or forum hosted on any platform by Workshop. Mayesh Wholesale Florist hereby grants You permission to use Mayesh Wholesale Florist intellectual property for your own personal use only.  You agree not to copy, share, sell, or distribute any of these materials. You agree not to record, distribute, or disseminate educational information shared by Mayesh Wholesale Florist at the Workshop. If You or your employees or agents copy, share, sell, distribute, or use Mayesh Wholesale Florist materials in any way not authorized by Mayesh Wholesale Florist, You agree to pay liquidated damages in the amount no less than of five (5) times the total contract price to Mayesh Wholesale Florist, and that Mayesh Wholesale Florist expressly reserves the right to prosecute all intellectual property violations to the fullest extent of the law, including consequential, compensatory, nominal, and punitive damages. If you are unsure of what constitutes proper use of any intellectual property of Mayesh Wholesale Florist, you agree and understand that you are encouraged to email Mayesh Wholesale Florist, for clarification.

    • Consent to Use Your Image. I consent to the use of my image or likeness in photographs, videos or recordings, whether altered or unaltered, taken at Workshop for use by Mayesh Wholesale Florist in any media now known or unknown, and I waive and release any right to compensation and/or damages with respect to the use, display, distribution or other publication of such photographs, videos or recordings.  

    • License Grant to Use My Photos, Videos, or Recordings. I grant Mayesh Wholesale Florist an unlimited, non-exclusive, perpetual right and license to use any and all photographs, videos, recordings or other records of Workshop I may create or capture, in any media now known or unknown.  

    • Confidentiality.  Parties will treat and hold all confidential information of or relating to this Agreement, details of the  Workshop and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (herein “Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement. 

• Liability for Third-Party Advice, Opinions, Etc. Mayesh Wholesale Florist provides general information only, and does not provide any financial, legal, medical or psychological services or advice. None of the content on Mayesh Wholesale Florist websites, social media, or any other channels prevents, cures or treats any mental condition. You are responsible for your own business and decisions, choices, actions and results. Mayesh Wholesale Florist disclaims any liability for your reliance on any opinions or advice contained in Mayesh Wholesale Florist websites, social media, or any other channels.

• DISCLAIMER. Mayesh Wholesale Florist cannot, and does not, guarantee particular results.  Mayesh Wholesale Florist disclaims all warranties, express or implied, to the fullest extent permissible by applicable law.  Mayesh Wholesale Florist will not be liable for any damages from your use of, or inability to apply, information provided by Mayesh Wholesale Florist.  

• Representations and Warranties. Mayesh Wholesale Florist represents and warrants to You that (a) it has the right to enter into this Agreement, to grant the rights granted herein and to perform fully all obligations in this Agreement; (b) Mayesh Wholesale Florist’s obligations under this Agreement does and will not conflict with or result in any breach or default under any other agreement;  (c) Mayesh Wholesale Florist has complied with all federal, state, and local laws requiring business permits, certificates, and licenses required to carry out the services to be performed under this Agreement. 

• Limitation of Liability.  You agree that to the fullest extent permitted by law, Mayesh Wholesale Florist’s MAXIMUM TOTAL LIABILITY FOR ANY CLAIMS, BREACHES OR DAMAGES BY REASON OF ANY ACT OR OMISSION, INCLUDED BREACH OF CONTRACT AND NEGLIGENCE, SHALL BE LIMITED SOLELY TO THE DOLLAR AMOUNT OF THE FEES PAID BY YOU TO Mayesh Wholesale Florist. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, Mayesh Wholesale Florist SHALL NOT BE LIABLE FOR ANY CLAIMS FOR PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES, EMOTIONAL DISTRESS, MENTAL ANGUISH, LOST PROFIT, LOSS OF ENJOYMENT, LOST REVENUES AND/OR REPLACEMENT COSTS.

  You acknowledge and agree that these limitations reflect a fair allocation of risk. You agree to release Mayesh Wholesale Florist from any and all liability relating to injuries and possible losses that may occur during any and all activity while at any of their locations. You agree to hold Mayesh Wholesale Florist entirely free from any liability, including financial responsibility for injuries incurred, regardless of whether injuries are caused by negligence. Risks include but are not limited to getting hurt by processing blades, knives/scissors, loss of personal property, or any damage or loss caused to your vehicles while located at our building.
  
  You fully acknowledge the risks involved as described above. This agreement covers both yourself as well as any other person you are employing or otherwise bringing into our establishment. You swear that you are participating voluntarily and that all risks have been made clear. By clicking the box that you have read and agreed to these terms of service, you forfeit all rights to bring a suit against Mayesh Wholesale Florist for any reason.

• ADDITIONAL TERMS AND CONDITIONS

  • General Terms. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise. Requests, demands, and other communications under this Agreement shall be in writing, and shall be deemed duly given if sent via the Notice Provision below. If any of the provisions of this Agreement are deemed to be invalid, illegal, or unenforceable, the provisions shall remain in effect to the extent allowed by law and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.  The performance of any condition or obligation imposed on a party under this Agreement may be waived only in writing by you or an authorized official of Mayesh Wholesale Florist, and only to the extent stated in such writing.  Headings and subheadings herein are for the convenience of the parties only, and no special meaning will attach to the headings.  Mayesh Wholesale Florist shall not be responsible for its failure to perform its obligations under this Agreement caused in whole or in part by events beyond its reasonable control. The Limitation of Liability Section shall survive the expiration or termination of this Agreement.

  • Compliance With Law. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.

  • Amendments. The parties may amend this Agreement only by the parties’ written agreement with proper Notice.

  • Assumption of Risk. Client and related parties/participants expressly assume any risk of services and related activities as described herein.

  • Waiver. The failure of any Party to require strict compliance with the performance of any obligations and/or conditions of this Agreement shall not be deemed a waiver of that Party’s right to require strict compliance in the future or construed as consent to any breach of the terms of this Agreement.

  • Indemnification. To the extent permitted by applicable laws, both Mayesh Wholesale Florist and You agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever, including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement. 

  • Merger. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. 

  • Force Majeure. 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: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), pandemic, epidemic, governmental order, or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or 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.

Notice. All notices, requests, claims, demands and other communications between the parties shall be in writing.