Legal Question in Business Law in Colorado

Florist - Inclement weather, acts of nature clause

I run a very small floral designer studio out of my home in Colorado. Most of the weddings I do are in the mountains where the weather is very unpredictable and mountain passes can close at any time. I have a clause in my contract that states that I will refund 20% of total if I am not able to deliver floral arrangements due to inclement weather, accidents or acts of nature. I have had several brides that are refusing to sign that clause, they feel that they should not pay for arrangements that are not delivered on their wedding day. I do not want to lose business over this clause, but I do not want to be liable if I can't deliver flowers on their wedding day. How should vendors deal with this situation?


Asked on 11/06/08, 7:13 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: Florist - Inclement weather, acts of nature clause

Good morning,

The appropriate balance of risk and client interest is an important aspect of small business decisions. I would consider insurance to cover an event of impossibility of performance due to weather or the like. You can then pass the cost to your clients by a marginal increase in your fees.

Contact an insurance broker to determine options and ideas. Good luck.

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Answered on 11/07/08, 9:42 am


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