Thank you for choosing  Love By Ange  (ABN 23839143739) (hereafter “me”, “I”, “myself”) for your special day, hereafter “the Event”.

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This is an Agreement under which you (hereafter ‘you’ or ‘your’) agree to use the Services (‘the Terms’) supplied by me.

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Please read these Terms carefully before booking with me or using my Services. The Terms below are important because they set out the rights and obligations of you, when using my Services (‘Your Booking’).

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Your Booking is confirmed once you have executed these Terms. However, where you fail to accept the Terms but proceed to use my Services (or pay the booking fee), you confirm your agreement to be bound by these Terms. This agreement expressly supersedes prior agreements or arrangements with you.

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1.  Scope of Services

   1. I provide professional celebrancy Services outlined in the Terms and as detailed in your Invoice (‘the Services’);

   2. I also may provide a number of additional services which may be provided to you upon request at an additional cost (hereafter, the Additional Services’). Where it is agreed that these Additional Services are provided to you, this will be confirmed by way of email.

   3. The scope of Services will be outlined in the Invoice, which will outline the particular aspects of your booking, such as the time, date and location of your ceremony. Any variations to the aspects of your booking must be mutually agreed in writing.

   4. I agree to conduct a marriage ceremony at the agreed time, date and place, in accordance with the Marriage Act 1961 (Cth), the Code of Practice for Marriage Celebrants and any other rules and regulations relating to the provision of celebrancy services.

   5. You acknowledge that you have entered into an agreement with me so that I can perform the Services not only on the day of your ceremony but the Services prior and after.

2. Booking Fee

   1. You must pay a Booking Fee which is non-refundable. The Booking Fee required to be paid is 30 % of the total invoice.

   2. By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable. The purpose of the Booking Fee is for, but is not limited to, securing my Services for a specified date, related consultations, research, quoting, rent, licensing, insurances, administration and ongoing client management.

3. Payments

   1. You will be jointly and severally liable for all payments owing to me.

   2. You are required to pay for the Package as follows:

      1. The Booking Fee (being 30 % of the total amount due) as outlined in Clause 2; and

      2. A Part Payment of 30 % due three (3) months prior to the Booking Date;

      3. The remainder of the total amount due (‘the Final Payment’) due 30 days before your ceremony.

   3. The total amount due may also include the Additional Services that you have requested from me. Where the Additional Services are requested after the Final Payment is made, I will provide a further invoice to you. That invoice must be paid within thirty (30) days from the date of the invoice.

   4. For all payments I will provide you with an invoice for the Services in advance. Any payments made to me will be made via direct debit or Stripe.

   5. In some instances you may pay the invoice through the assistance of a Third Party Payment Provider (‘TPPP’) such as Stripe. You acknowledge that you have read over those terms and conditions thoroughly, and have informed the TPPP that you agree to be bound by any terms and conditions in addition to these terms. The TPPP or their bank or other financial institution may require you to pay processing fees or other fees and charges. Any such fees and charges are your sole responsibility and are not included in the invoice, or other paid services unless otherwise specified. I accept no responsibility for your use of any TPPP. You agree to keep your information including your email address and payment details up to date so that the TPPP and I can process payment and contact you as needed in connection with the provision of the Services.

   6. If any payment is not made when due, you shall pay all costs that I incur to collect or attempt to collect the debt arising from a breach of these Terms. The term “all costs” includes but is not limited to all debt collector fees, legal fees, court filing changes and any other expenses of whatever nature incurred by me in collecting or attempting to recover all of part of the debt.

   7. If, and to the extent, any supply of the Goods under the Agreement is a taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), the price for the Goods will be increased to include GST payable by the Supplier in respect of the supply. All rebates, discounts or other reductions in price will be calculated on the GST exclusive price.

4.  Cancellation or Postponement of Booking

   1. You may cancel this agreement at any time, by notifying me in writing.

   2. Where you wish to cancel, the following applies:

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           3 I will use my best endeavours to meet your requests for a postponement of date however it must 

              be a date that is mutually agreeable. In the event of a postponement, the following will apply:

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4. Notwithstanding the above, you are only able to postpone your Booking on one (1) occasion and the new date must be within twelve (12) months of the original Booking Date.

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5 You must have an inclement weather plan which allows for an indoor option. Refunds will not be given if inclement weather impacts your event, unless such weather event falls within the definition given in Clause 14. In those instances, the remedy in Clause 14 will apply. Where you wish to cancel or postpone your Event Date due to weather, these will be treated in accordance with our cancellation and postponement policies above.

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5. Cooperation

1. You warrant that:

a. I have explained to you the legal requirements for entering into a marriage, and you fully understand those legal requirements;

b. you are legally able to marry each other;

c. each party is providing full and free consent to marry.

1. You agree to:

a. complete and provide to me, a Notice of Intended Marriage, no less than one (1) month and no more than 18 months, prior to the ceremony date;

b. complete the legal paperwork questionnaire either online or manually where required;

provide me with any information which may be relevant to you, the ceremony or the legal requirements associated with the intended marriage;

c. provide me with all documentation requested, no less than the thirty (30) days before the ceremony date. Subject to 5.3, if the parties fail to do so, I am under no obligation to perform the ceremony and may cancel the Booking with all monies already paid by the parties forfeited; and

communicate all of your expectations to me no later than thirty (30) days before the ceremony date. d. If you fail to do so, all decisions regarding the content of the ceremony will be left to the sole discretion of me.

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5.3 Where it becomes apparent that you are unable to undertake a lawful marriage ceremony, you may choose to have me perform a “commitment ceremony”. Where you wish for the marriage to be solemnised thereafter, further fees will be incurred.

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5.4 You will be responsible for ensuring that two (2) witnesses, 18 years of age or older, attend the ceremony, as required by law. You are to ensure that the witnesses are not hearing impaired, and that the witnesses are situated close to me as I conduct the ceremony, so as to ensure that they can hear and understand what is being said during the ceremony.

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5.5 You must not be under the influence of alcohol or other substances which may impair your capacity to take part in the ceremony. I can, at any time using my own judgement and sole discretion, refuse to undertake the ceremony, in accordance with the relevant legislation relating to the same.

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5.6 You agree to positive cooperation and communication with me. I am not responsible for key individuals’ failure to be present or to cooperate during any meetings with me, or the ceremony itself.

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5.7 If you wish to make changes to the ceremony, you must provide written instructions to me with 30 days notice. I will make reasonable attempts to implement the change/s.

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5.8 Should your ceremony be impacted by rain or weather conditions as contemplated elsewhere in the Terms, you are responsible to inform me of any changes to location a minimum of three (3) hours prior to the start time.

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5.9 I will arrive at the Venue at least one (1) hours before the ceremony is due to start

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5.10 Where either of you are late to the ceremony at the proposed time, or hold the ceremony to wait for other vendors, invitees or the like, for a period of thirty (30) minutes longer than the agreed ceremony start time, I reserve the right to leave the venue and not undertake the ceremony.

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5.10.1 Where I exercise my right to leave the venue and not undertake the ceremony due to the aforementioned Clause, a further fee will be charge to you for the ceremony to take place at a different place and/or time;

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5.10.2 Where the Ceremony does not finish at the agreed end time, and due to the delay I incur extra charges including but not limited to paid parking, a further invoice will be issued to you for such charges and made payable within seven (7) days.

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6. Registration of Marriage

6.1.  Upon completing your ceremony, I will provide you with a Commemorative Marriage Certificate.

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6.2. I will endeavour to complete all relevant paperwork relating to the registration of marriage within fourteen (14) days, and lodge the relevant paperwork with the Office of Births, Deaths and Marriage.

1. You will be informed in writing by me once the marriage has been officially registered with the Office of Births, Deaths and Marriage.

2. You will need to apply for the ‘Official Marriage Certificate’ in order to apply for name changes, and other legal documents where the Certificate may be required. An additional charge is incurred for applying for such document and must be paid by you. I am able to assist you in applying for this document.

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7. Safety

7.1 You shall agree that, while working with me on the day of your ceremony, you are not to undertake any illegal or dangerous activities that threaten my safety and well-being.

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7.2 Unless legislation provides otherwise, it is your responsibility to ensure you, and your other vendors, are following government regulations in regards to public health and safety, including those restrictions relating to gatherings and social distancing.

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7.3 If these regulations are not strictly adhered to and I feel that my personal safety is at risk, I reserve the right to exit the ceremony and my duties and you will forfeit any fees paid.

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7.4 I am not responsible for the failure of the ceremony participants and guests to follow government regulations in regards to public health and safety, including those restrictions relating to gatherings and social distancing. To the fullest extent permitted by law you agree that I will not be liable to you or any person for any claim resulting from issues relating to public health and safety and the following of mandatory rules and regulations relating to the same.

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8. Use of Images

8.1 You acknowledge that I may take images and/or video of you using my Services on or before the ceremony. You hereby irrevocably waive all copyright rights (including moral rights) in any such images and agree to provide me a royalty free nonexclusive licence to use any such images for marketing purposes. By accepting these terms, you confirm that you have given permission for me to take images and videos, and sought the permission from your guests and vendors for me to do the same.

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8.2You may however inform me that you do not wish for me to use images of you at any point in time in writing. If I have used these images and you wish for them to be removed, I will endeavour to remove them as soon as practically possible.

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8.3Where you provide me with images or video from your special day, you warrant that you have obtained permission from the owner of those images in order for me to use for marketing purposes.

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8.4Any photographs, videos or sound recordings taken by you of me must be for personal use only and must be taken legally. Any use, reuse or production for commercial purposes without my express written consent is strictly prohibited.

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9. Meal

9.1 If I am required to stay at the ceremony for longer than four (4) hours, you agree to provide a meal for me and any assistants.

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10. Equipment

1. I will take any steps I consider necessary to protect equipment, documents and certificates if there is any risk of damage by rain or inclement weather or other situation.

2. The use of my PA system is subject to favourable weather conditions and will not be used in any circumstances where the system may be exposed to harm by persons or the elements. Judgement as to suitability of the PA system is to be made at my sole discretion.

3. Where my PA System is damaged through no fault of mine e.g. microphone dropped by a participant of the ceremony, or through use of an iPod or music application for music, you will be responsible for and pay all associated costs involved in fixing or replacing the damaged item.

4. I will undertake to use my best endeavours to ensure that the PA is fully charged, functional and tested prior to the ceremony. However, you acknowledge that electrical equipment may malfunction from time to time and should the PA fail at any time prior to, during or after the ceremony, through no fault of mine, I will not be held responsible.

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11. Intellectual Property and Confidentiality

1. All intellectual property created by me during the provision of the Services remains that of the property of mine. I grant to you an exclusive, non-transferable, royalty-free, perpetual license to use any intellectual property rights owned by me for the purposes of performing the ceremony for you.

2. Given the quality of material developed by me, you must not disclose any confidential Information to any third party without my prior consent. If you disclose any confidential Information to a third party without my prior written consent, you will be liable for any damage suffered by me as a consequence of the disclosure.

3. All obligations of intellectual property and confidentiality set out in this Agreement continue in full force and effect after the Services has been completed.

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12. Subcontracting of Services

1. In the unlikely event of severe medical, natural, or other emergencies, or where, for whatever reason, I cannot perform the ceremony, I will make every effort to secure a replacement. If a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the contracted Services. However, notwithstanding a suitable subcontractor found, those Services will be provided by that subcontractor at the price already invoiced and paid to me.

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13. Warranty, Liability and Indemnity

13.1 To the extent that the Australian Consumer Law allows, I provide the Services on an “as is” and “as available” basis and disclaim all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.

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13.2 Subject to clause 13.1, I accept no responsibility and am not liable for any direct or indirect, special loss or damage or injury to any person, corporation or other entity in connection with this Agreement or the Services, howsoever caused save for the event I have contributed to such loss or damage or injury.

 

13.3 I will not be liable to you or any other person for any liability or claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.

 

13.4 To the maximum extent permitted by law, you will indemnify me against any liability arising from or in connection with:

 

1. Any act or omission by you;

2. Any breach of these terms; and

3. Any third party claim against me;

arising from or in conjunction with this Agreement, but this indemnity will be reduced proportionately to the extent the liability was caused by my negligence.

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14. Force Majeure

14.1 I will not be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Agreement that is caused by any act or event beyond my control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (known as ‘force majeure circumstances’).

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14.2 If a genuine force majeure circumstance occurs and means that the performance of my obligations under the Agreement is impossible, I will contact you as soon as reasonably possible to notify you and my obligations under the Agreement will be suspended and the time for performance of my obligations will be extended for the duration of that force majeure circumstance.

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14.3 This clause does not apply in circumstances where an event outside of my control occurs but the circumstances still make the Booking possible (notwithstanding inconvenience or financial hardship). If events beyond my control occur (such as restrictions to numbers of guests, or density requirements) but it is entirely possible for me to solemnise your marriage, any choice to cancel your ceremony is done so at your own initiative and the usual cancellation clauses in these Terms apply.

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14.4 If you cancel the booking or vary the booking because the alleged event outside of my control causes mere inconvenience or changes the booking in a manner that does not suit you, any fees and charges that are deemed non-refundable remain so and I am only obliged to use my reasonable endeavours to provide an alternative date.

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14.5 In genuine force majeure circumstances, I will endeavour to arrange a new date for the Booking with you after the event outside of its control is over. We must use all reasonable endeavours to mutually agree on a new date, but if we are unable to agree on an alternative date, the Booking will be considered cancelled under the terms outlined in Clause 4.

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15. Entire Agreement

1. The terms and conditions contained in this Agreement constitute the entire agreement between you and I with respect to the Services and shall not be amended, except where mutually agreed in writing.

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16. Disputes

1. Both you and I agree that any disputes arising from provision of the Services shall be negotiated with a view to settlement prior to either party issuing legal proceedings.

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17. Termination

17.1 I may immediately terminate, or suspend the performance of this Agreement and you must immediately pay any money owed to me if:

1. I experience harmful or threatening behaviour;

2. You fail to provide instructions or cooperate with requests for information;

3. you breach a term of this Agreement and you do not remedy the breach within fourteen (14) days;

4. any invoice rendered by me remains outstanding;

5. you breach a term of this agreement which is not capable of remedy;

 

17.2 You may immediately terminate, or suspend the performance of, any agreement in the event of substantial breach by me of my obligations hereunder, where any such breach has not been remedied within 30 days of written notice from you requiring the breach to be remedied.

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18. Governing Law and Jurisdiction

1. Any Agreement between you and I is governed by the laws of the state of New South Wales The parties submit to the non-exclusive jurisdiction of the courts of the State of New South Wales and any courts which may hear appeals from those courts in respect of any proceedings in connection with any Agreement.

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19. Severability

1. If any of these terms are invalid or unenforceable in any jurisdiction, that term must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining terms or affecting the validity or enforceability of that term in any other jurisdiction.

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20. Miscellaneous

1. If any provision of this Agreement is unenforceable, the provision will be severed and the remaining provisions will continue to apply,

2. I may assign any rights or benefits under this Agreement to any third party.

3. You may only assign any rights or benefits under this Agreement with my prior written consent.

4. This Agreement incorporates the entire understanding of the parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.

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21. Execution by Parties

This agreement must be executed by each partner named. In instances where it is signed by one party, the signing party acknowledges and warrants that they have the authorisation to execute the agreement on behalf of the other party. In doing so, they also warrant that the other party has read and understood the Terms prior to providing permission to execute.

 

 

Signed by,

 

_______________________________
Celebrant

Date

 

and

 

_______________________________
Couple (Person 1)

Date

 

_______________________________
Couple (Person 2)

Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Booking Form

 

Time

 

Date

 

Location