Retail Florist Pro Terms

Retail Florist Pro Participant Agreement

  • For good and valuable consideration and by accessing the content and materials you (“Client”) have agreed to purchase a Flower Clique branded product, training, or service offering (collectively hereinafter “Program”) owned and operated by Flower Clique, LLC (the “Company”).

Retail Florist Pro Services

  • Client acknowledges that he/she has read the Program Outline and conducted any additional research necessary to feel he/she understands what is being provided in the Program as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Company’s website.

Non-Disclosure

  • Following Client’s participation in this program, Client will have gained access to various trade secrets and personal intellectual property of Company, including but not limited to materials such as verbal advice in all areas of a floral business, mindset and sales guidance, written templates, design and financial information and tools, marketing and branding guidance, business advice, and/or other information that may have become available for use through Client’s participation in Program. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in the Program.
  • Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Program, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business as a product or service being offered for sale, without express written permission of Company. Client also understands and agrees he/she will not disclose or use any information provided to Client as part of her membership and/or ability to participate in the Program.

 

Confidentiality between Participants

  • Any confidential information shared by course participants is proprietary and belongs solely and exclusively to the participant who discloses it. Parties agreed not to disclose, reveal, make use of any confidential information or any transactions, during discussions or other portions of the program. Client agrees not to use such confidential information in any manner other than in discussion with other participants during the program. Confidential information includes, but is not limited to, information disclosed in connection with this agreement, and shall not include information rightfully obtained from a third party. Both parties will keep confidential information in the strictest confidence and shall use best efforts to safeguard the confidential information to protect against its disclosure, misuse, espionage, loss and theft. Additionally, Client will not at any time either directly or indirectly disclose confidential information to a third party.

Code of conduct

  • Flower Clique, LLC is dedicated to providing a harassment-free experience for everyone. “Harassment” includes but is not limited to offensive verbal comments related to gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, religion, technology choices, sexual images in public spaces, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. Flower Clique, LLC does not tolerate harassment of course participants in any form. Participants violating these rules may be sanctioned or expelled from the course without a refund at the discretion of the course organizers.

Promotion And Marketing

  • Testimonial. If Client accepts and provides Company with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Company’s website, social media, or otherwise. Should Client agree to provide a testimonial, Client by providing such information is agreeing to and confirming Company’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Company an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Company as part of a Testimonial.
  • Recording.  Client grants permission to Flower Clique LLC to document, video record, and audio record client name and likeness for internal purposes only, such as troubleshooting, product development and other additional internal uses.

 

Deposits and Payments

  • General Terms. Client understands the fee for this course is $2495 (“Pay in Full Program Fee”). Client agrees to render payment via credit card on Company’s sales and checkout page for Program. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Company’s website or a designated third-party payment processor of Company’s choosing. Absent an agreement regarding a payment plan with Company, Client must complete payment in full before becoming entitled to any products or services included within Program.
  • Installments and Late Payments. By requesting installment payments Client is agreeing and grants Company permission to automatically deduct installment payments every 30 days until all installments are paid in full. Client is responsible for maintaining a valid method of payment on file. If changes need to be made to the payment method Company must be contacted via email no less than 48hrs prior to scheduled installment payment date. In the event of nonpayment or failure to pay in excess of 10 business days Client shall immediately lose access to the Program and Client account shall be placed in collections or other means to satisfy payment with Client fully responsible for all costs and fees associated with collecting late or missed payments.

 

No Refund Policy

  • Due to the digital nature of the Program provided by Company, and Company’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Company is not able to offer refunds once Client has purchased the program. The Services or credit for fees paid for Services may not be transferred to another Client. Please conduct any and all necessary research to determine if Program is right for you prior to purchasing. Once the purchase is made, Client may not receive a refund except in the sole discretion of Flower Clique, LLC.

 

Voluntary Participation

  • Client understands and agrees that he/she is voluntarily choosing to enroll in the Program and is solely responsible for any outcomes or results. While Company believes in its services and that Program is able to help many people, Client acknowledges and agrees that Company is not responsible nor liable to Client should Client sustain or encounter any negative ramifications.

Disclaimer

  • While many of Company’s past and current clients have experienced wonderful benefits from Program, and Company and its team will act in their full capacity to ensure your success and happiness in Program, Company cannot guarantee results of Program, and cannot make any representations or guarantees regarding individual results. Client will hold Company and Program harmless if he or she does not experience the desired results.

 

Earnings Disclaimer

  • Company also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Company responsible for Client earnings, or any increase or decrease in finances based upon information within Program. Any information or testimonials regarding past or current clients’ participation in programs, or working with Company contained on Website or in sales material that contain financial information are individual, and results may vary. 
  • Client understands that all services provided by Company in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Company on a purely voluntary basis and does not hold Company or Program responsible should Client become dissatisfied with any portion of the Program. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Company delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Company and Client.
  • Client also understands Company is not a lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Company on his/her website and within the Program is comprised of information that has worked for Company and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Company cannot guarantee results from this Program and has no expectation of a specific result that he or she holds Company responsible for.

 

Third-Party Websites

  • The Retail Florist Pro program will be conducted via third party platforms such as “Circle.So”, “Teachable”, and “Zoom.” Flower Clique, LLC does not endorse or assume any responsibility for any such third-party apps, sites, information, materials, products, or services. If you utilize a third-party app or website, you do so at your own risk, and you understand that this Agreement does not apply to your use of such sites. Please ensure you read and agree to the Terms and Conditions of the app or website. You expressly relieve Flower Clique, LLC from any and all liability arising from your use of any third-party app, website, service, or content. Additionally, your dealings with third parties, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that Flower Clique, LLC shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

 

Technical Support and Updates

    • Included with purchase of Retail Florist Pro agrees to provide twelve (12) months of technical support to Client.  Any additional technical support request beyond what is stated in this section would be an additional cost of $150 per hour. Company will also notify Client of any updates to our policies and community guidelines. Company cannot guarantee availability for technical support in relation to urgent requests, or guarantee specific results relating to the resolution of technical or other issues that may arise in connection with the use of content provided in the Program. 

Intellectual Property

      • Client agrees and understands that Company has created numerous original, creative works in connection with the Program, and agrees that Company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: branding, sales, marketing and business guidance and tools, templates, products, systems, processes, handouts, worksheets, and any other original work created by Company. Client agrees they may be granted a limited right to use selected materials in the course for the purpose of Retail Florist Pro training, course, or service, but understands that the original proprietary rights of Retail Florist Pro including underlying framework, processes, worksheets, charts, etc. remain with the Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Company to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
    • Nothing in this agreement shall prevent Client from creating and building a successful retail floristry business by utilizing the tools and information obtained through the Program. However, Client is prohibited from copying, reposting, altering, publishing, summarizing, selling, assisting others in selling, manipulating, distributing, or in any way exploiting any aspect of Retail Florist Pro, tangible or intangible. Particularly, using any techniques or tools obtained or learned from the course to create their own educational resource. 
  • Client is also prohibited from claiming ownership or credit for any content created by Company or cannot claim any content created by Company for any commercial or business purposes including but not limited to teaching, presenting via live social media platforms, webinars, masterclasses, lecturing, summarizing, blogging, or other education, coaching, or business consulting. If such behavior is discovered or suspected, Company reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
  • Client understands that in purchasing the Program Client is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared by Company. Company grants Client a limited, revocable, non-transferable license for the purpose of downloading and completing any associated Retail Florist Pro program, course, training, or service. The information provided in the course is proprietary, copyrighted and developed solely and specifically for Retail Florist Pro. Original information included in the course are for Client’s individual use only and a single-user license. Client agrees that such proprietary material is solely for Client’s own use. Any disclosure, reproduction and sale by Client to a third party is strictly prohibited. If Client is an organization, Client is prohibited from sharing or distributing log in information across the organization. Each user must obtain individual log information. Furthermore, Client is prohibited from displaying or broadcasting the course in a group setting.

 

Indemnification

  • Client agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Company be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Company’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge.

Dispute Resolution

  • Should a dispute arise between Company and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions prior to engaging in formal legal action. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results which have been achieved by other clients of Company.)

Errors and Omissions

  • Flower Clique, LLC makes best efforts to ensure the techniques, tools, and information provided in the Program is relevant and up to date. Additionally, the Retail Florist Pro agrees to provide Client lifetime access to any relevant information connected with the utilization of Program content as it becomes available to Company. 

Force Majeure

  • Parties may elect to terminate this Agreement or to reschedule the services required hereunder to a mutually convenient time and date if either party is unable to comply with this Agreement due to reasons beyond its control, including, but not limited to acts of God, government-imposed restrictions or other government acts, health crises, global pandemic, terrorist acts, war, riots, strike, insurrection, or other causes beyond the control of or fault of the Parties.

Applicable Law

  • This Agreement shall be governed by and under control of the laws of Florida, regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Florida are applicable here.

Amendments

  • This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Company, or a party authorized to sign on behalf of either party.