Policies
Customer Consent
This agreement is made between "Client" and Wilde Soul Creatives LLC “Host”.
Fees
All Luxury picnics include set up, clean up, and enjoyment for a minimum of 2 hours. Additional hours of event enjoyment time are available for $50 an hour, which is due at booking or to event coordinator prior to the end of the event by cash or via electronic invoice.
Event Styling includes set up, clean up, and enjoyment for full day rental of a single event. Clean up time is agreed upon between host and client depending on event scheduled times.
Unless otherwise specifically agreed by Wilde Soul Creatives LLC, all rental rates are for normal use of the Rented Item(s) on a single-event basis. Additional amounts will be due for late return(s), misuse and abuse. The Rent will not be reduced for weather delays or any other period(s) of nonuse. We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”).
Retainer and payment
Upon your signature and non-refundable retainer, Wilde Soul Creatives LLC will reserve the time and date agreed upon and will not make other reservations for that time and date. The client shall make a non-refundable retainer of 50% to Wilde Soul Creatives LLC to perform the services specified herein. Upon payment, the host will reserve the time and date agreed upon by both parties exclusively for you. The full amount must be paid at least 48 hours prior to event date for execution of service to commence. A $10 fee will apply each day the payment has not been made in full after this deadline passes. No services will be made until full payment is made. All services contracted cannot be deducted but additional services can be added.
Cancellation
The retainer fee is non-refundable, regardless of circumstance. The retainer will NOT be refunded due to the client’s error. Wilde Soul Creatives LLC must be notified of cancellation no less than 14 days before the originally scheduled day of the event. If cancellation occurs within 14 days of the originally scheduled event date, all payments made to Wilde Soul Creatives LLC shall be forfeited. Any and all expenses incurred by host for the purpose of completing the Assignment (i.e., rental equipment, inventory, supplies, transportation, etc.) shall also be paid.
Rescheduling/late arrivals
If the client requests to amend or cancel this agreement, the retainer shall be applied to a mutually agreed upon rescheduled date. The rescheduled date must be within 90 days of the original event date and rescheduling completed within 14 days of the original event date. Event date allowed to be rescheduled up to 3 times or otherwise cancelled in full. Any client that is late arriving to the event will only have the amount of time allotted for the service.
Responsibilities
Client will ensure the site is fit for delivery, installation, and use of the Rented Item(s) at all times. If Wilde Soul Creatives LLC agrees to provide any services (e.g., delivery, setup, retrieval, etc.) client agrees to: pay hosts charge(s) for the same, and for all waiting time; be present at the Site at the agreed time(s); and ensure host personnel have full access to the Site. Host will not be responsible for delay(s) caused by any other parties, including providers of goods or services (“Other Providers”) for which you agree to indemnify, defend and hold harmless of Wilde Soul Creatives LLC. Client agrees to accept full responsibility for all Item(s) for the duration of the Term. If client is not present upon delivery and/or retrieval of any Item(s), client agrees to accept the statements of host representatives regarding the same (including the condition of the Rented Item(s) and the Site).
Wilde Soul Creatives LLC is not responsible for Acts of God, Natural Disasters, an Act of Government such as a Declaration of National or Local Emergency, or Other Incidents Not within the control of the host, i.e. accident, death in the family, illness, pregnancy, or sudden tragic circumstance. In such a situation, host will coordinate with client in order to reschedule or cancel, at no additional charge to the client.
Event set-up
Set-up and tear-down of any of the equipment owned by host, will be done before and after the event by employees of Wilde Soul Creatives LLC. If candles are used, they must be kept in a safe container to reduce the risk of fire or fire-related damage. Client is required and agrees to not leave set up unattended before permanently exiting the event. Upon completion of the event, Client will return all tangible items belonging to the host.
Damages
Upon client’s receipt of the Item(s) (unless client immediately reject it/them) client will represent, warrant, acknowledge, and agree that: each Item is complete and in good repair and operating condition, free of defects, and is in all ways acceptable to client; is appropriate for clients purposes; and was selected solely by client, not based on any recommendation by Host. Client has received, read, and understand all instructions, maintenance requirements, and other information, pertaining to the Rented Item(s) (collectively, “Instructions”); will fully comply therewith; have been made aware of the need to use all recommended and required safety instructions; will use each Item only for its intended purpose(s), in a reasonable and safe manner.
Client agrees to protect each Rented Item(s) at all times, keep it safely and securely stored, locked when not in use, and return it to Wilde Soul Creatives LLC on time at the end of the Term, free of dirt, damage, burns, stains and debris, and otherwise in good order, condition and repair. If client fails to do so, client will pay host: Rental fee for each succeeding full rental period until all Item(s) has/have been returned or replaced as required; and all costs and expenses host incur in connection with such failure plus any additional fees deeming they are vintage items.
Client will not permit anyone else to: use open flames in, under, or near any Temporary Structure(s); abuse, misuse, overuse, remove from the Site, conceal, modify, dismantle or damage any Rented Item(s); reposition any Temporary Structure (or any means of securement therefor, including lines, stakes and ballasts); or take possession of or exercise control over any Rented Item(s), without our prior written consent (in our sole discretion).
Event guests
If the number of guests changes from the initial assessment in this Agreement, the client must inform the host at least the following amount of time before the event: 48 hours prior if guest count is 8 or less; and 14 days if guest count exceeds 8 to accommodate for inventory of each guest unless otherwise specifically agreed by Wilde Soul Creatives LLC. Retainer of 50% and payment stands for any additional add-ons of guest.
Substance policies
The use of any illegal narcotics or unauthorized controlled substances on the premises of the event is expressly prohibited by the host and applicable law. Failure to ensure that the event is kept as a drug-free location, due to the client’s negligence or disregard, is subject to legal action by the host and applicable local, state, and federal courts. Failure to ensure that that the event is kept smoke free, due to the client's negligence or disregard, is subject to an additional cleaning fee due to damages, odor, burns, stains and debris.
Wilde Soul Creatives LLC does not offer alcoholic beverages and are not held responsible for those who bring those items to their picnics/events. It is the responsibility of the client to check alcohol laws of any venue or public space being used for one of our picnics/events.
Weather
Bad weather terms can be agreed with the host at the agreement of the commission in advance of the event. However, the host retains complete discretion concerning whether or not an event will proceed by reason of adverse weather or light conditions and will contact the client as soon as it is reasonably practicable to make alternative arrangements. In the event the session needs to be rescheduled in accordance with this clause, Rescheduling/late arrivals clause applies.
Expenses
Client will be responsible for all costs and expenses incurred in connection with the event taking place at a venue or location. Travel expenses such as parking, shipping, or destination fees must be reimbursed to the host and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
No warranties: Wilde Soul Creatives LLC is not the manufacturer or designer of any rented item(s), all of which are provided “as-is.” Host does not make any representation or warranty, express or implied (including any warranty of merchantability, suitability, fitness for a particular purpose, function, design, quality, capacity, freedom from defects and/or good and workmanlike performance) as well as any warranty arising from course of dealing, course of performance and/or usage of trade.
If this contract is canceled at any time before the event by the host, any amount paid including the retainer, with the exception of personal custom pieces which will be given to client, shall be refunded to the Client. Wilde Soul Creatives reserves the right to cancel this contract at any time due to health sicknesses, death in family, unexpected car issues, and personal emergencies, clause 4 for rescheduling applies. Including, highly difficult/disrespectful situations, particularly if the scope of work required to complete the assignment changes substantially by client. In this case of disrespect, any amount other than the retainer shall be refunded to the Client, with the exception of any expenses incurred in the production of the assignment, which shall not be refunded to the Client.
Cancellation by Wilde Soul Creatives LLC
If this contract is canceled at any time before the event by the host, any amount paid including the retainer, with the exception of personal custom pieces which will be given to client, shall be refunded to the Client. Wilde Soul Creatives reserves the right to cancel this contract at any time due to health sicknesses, death in family, unexpected car issues, and personal emergencies, clause 4 for rescheduling applies. Including, highly difficult/disrespectful situations, particularly if the scope of work required to complete the assignment changes substantially by client. In this case of disrespect, any amount other than the retainer shall be refunded to the Client, with the exception of any expenses incurred in the production of the assignment, which shall not be refunded to the Client.
Standard Price List
The charges in this agreement are based on the host Standard Price List. This price list is adjusted periodically, and future orders shall be charged at the prices in effect at the time when the service is booked.
Artistic Style/Rights
The host retains the right of discretion in selecting the styled event materials rented by the client. The client acknowledges that they are familiar with the host portfolio and is requesting services with knowledge of the host style. That host work is constantly evolving. Services are of unique and artistic nature. The event styled items may be different from what the host used in the past, and that in creating the events, the host shall use their personal artistic judgment to create events consistent with Wilde Soul Creatives LLC branding image. This vision may be different from the clients, and/or the subject's vision of the session. Accordingly, the client acknowledges that the event shall not be subject to rejection on the basis of taste or aesthetic criteria. Once the retainer has been paid the design is locked in, only subject to change based on the decision of Wilde Soul Creatives with the notion to agree by the client. A portion of the invoice may be returned granted by Wilde Soul Creatives when both parties agree.
Social
You hereby grant us a perpetual, paid-up, royalty-free license to create, edit, distribute, display and copy audio and visual representations which include any Rented Item(s). If Wilde Soul Creatives LLC commences legal action to enforce this Contract, host will be entitled to recover its costs and expenses associated therewith (including attorneys’ fees and expenses) from you and/or any guarantor (jointly and severally) if host prevails. We may, without notice or liability to you, monitor and/or inspect any Rented Item(s) at any time.
Client is permitted to use videography and photography at the event. However, Client is responsible for obtaining all necessary consents for the parties filmed and photographed. If Client duplicates and distributes recordings from the Event, Client agrees that these recordings shall not contain any obscene, illicit, pornographic, illegal, racist, sexual, or defamatory content, or any other content that would encroach upon the rights and freedoms of another person, whether that person was a participant or not of the Event.
Health and safety
Client further understands that the host complies with all health and safety laws, directives, and rules and regulations. The Client expressly agrees that during the event, the Client and Client's agents shall not carry weapons or firearms, be exposed to severe illness, or request the host to do anything illegal or unsafe. Further, the host will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, the host reserves the right to end service coverage immediately and/or leave the event. The host shall be entitled to retain all monies paid and the Client agrees to relieve and hold the host harmless as a result of the incomplete event, or for a lapse in the quality of the host work.
COVID-19
Customer agrees to instructions and requirements:
I will follow all of the instructions of the Business while at the scheduled event.
I agree not to enter the Premises if I am experiencing symptoms of COVID-19 such as cough, shortness of breath, or fever, have a confirmed or suspected case of COVID-19, or have come in contact in the last 14 days with a person who has been confirmed or suspected of having COVID-19.
Customer assumes the risk:
I am aware of the highly contagious nature of COVID-19 and the risk that I may be exposed to or contract COVID-19 by being on the Premises and engaging in the Activity.
I acknowledge that I am voluntarily entering the Premises to engage in the Activity with knowledge of the danger involved. I hereby agree to accept and assume all risks of personal injury, illness, disability, or death related to COVID-19, arising from my being on the Premises or engaging in the Activity, whether caused by negligence of the Business or otherwise. In the event the session needs to be rescheduled in accordance with this clause, "Rescheduling/late arrivals" clause applies.
Customer releases seller from liability:
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Business and its owners, employees, affiliates, and officers, on account of injury, illness, disability, or death arising out of or attributable to my being on the Premises or engaging in the Activity and being exposed to or contracting COVID-19, whether arising out of the negligence of the Business, its owners, employees, affiliates, officers, or otherwise.
Limitation of Liability
If the host is unable to perform this agreement due to illness, emergency, an Act of God or causes beyond the control of the host, the host will not be held liable for missing scheduled event coverage. The host will arrive to the event at the best of their abilities. If coverage and event services cannot be fulfilled by Wilde Soul Creatives LLC or a replacement chosen at the discretion of the host, the responsibility and liability are limited to the return of all payments (excluding the non-refundable retainer) for the event and shall have no further liability. In the unlikely event that event items are lost, stolen, or destroyed for reasons beyond host control, Wilde Soul Creatives LLC ’s liability is limited to the return of all payments received for the event. The limit of liability shall not exceed the contract price stated herein. Wilde Soul Creatives LLC will not be held responsible for any ruined event items due to any cause in or outside host control. It is understood that Wilde Soul Creatives LLC is only liable for services completed and provided by host and cannot be held liable for the services of other contracted vendors.
Indemnification
The host shall be held harmless for any and all injury to client during the course of the service and the immediately surrounding events.
Headings
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Jurisdiction
The laws of the State of Florida shall govern this contract and any resulting arbitration shall take place within Duval County, Florida. The client assumes responsibility for all collection costs and legal fees incurred by the Host, should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
Mediation
If for any reason you are not satisfied with your service, you agree to mediate your concerns with a certified mediator prior to legal action.
Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give notice within 30 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practical after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following Notice given by it, the other party may thereafter terminate this Agreement upon notice.
Counterparts/Facsimile Signatures
This Agreement may be executed by the Parties in any number of counterparts, each of which shall be deemed an original instrument, but all of which together shall constitute but one and the same instrument. Facsimile signatures are considered binding.
Entire Agreement
This agreement contains the entire understanding between Wilde Soul Creatives LLC and Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement remains valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement does not constitute a waiver of any other portion or provision of this agreement. If for any reason you are not satisfied with your service, you agree to mediate your concerns with a certified mediator prior to legal action.