Terms and Conditions of Service Postponed date

This Agreement is between the Celebrant and the Couple.

BACKGROUND

The Couple have previously engaged the Celebrant to provide Services for their wedding but have postponed the date of their event. The Couple now wish to engage the Celebrant to provide Services on a new date.

The Couple & Celebrant acknowledge and agree that their original agreement is hereby terminated, and that this Agreement supersedes and replaces in its entirety all prior agreements entered between the Celebrant and Couple.

By completing the Postponement Booking Form, the Couple confirms they have read and agree to be bound by these Terms and Conditions of Service.  

DEFINITIONS

“Agreement” means these Terms and Conditions of Service and the Postponement Booking Form

“Booking Fee” means $200 

“Celebrant” means Shannon O’Heir 

“Ceremony Time” means the ceremony start time as specified in the Postponement Booking Form 

“Consumer” means a consumer for the purposes of section 3 of the Australian Consumer Law

“Couple” means Partner 1 and Partner 2 as identified in the Postponement Booking Form 

“Fee” means the total cost of the Services as specified by Celebrant in the Tax Invoice

“New Ceremony Date” means the ceremony date as specified in the Postponement Booking Form

“Original Ceremony Date” means the ceremony date that has been rescheduled 

“Outstanding Balance”: means the Fee less the Booking Fee

“Postponement Booking Form” means the online booking form completed by the Couple at the time of securing the Celebrant’s services for their new wedding date

“Services” means Commonwealth Registered Marriage Celebrant services

“Tax Invoice” means the tax invoice supplied by Celebrant to the Couple at the time of their original booking in accordance with item 2.1

“Terms and Conditions of Service” means these terms and conditions

SERVICES

1.1. Celebrant will provide the Services in accordance with the Marriage Act 1961 and the Code of Practice for Marriage Celebrants.

1.2. Celebrant will attend and conduct the ceremony at the agreed Ceremony Time on the New Ceremony Date at the location specified in the Postponement Booking Form.

1.3. Celebrant will endeavour to arrive at the ceremony at least twenty (20) minutes prior to the Ceremony Time and will leave no earlier than thirty (30) minutes after the Ceremony Time.

1.4. Ceremony Time: 

(a) Couple acknowledges and agrees they have retained the Celebrant’s Services for the Ceremony Time. Celebrant reserves the right to leave the ceremony thirty (30) minutes after the Ceremony Time if both or either of the Couple have not arrived, or if the ceremony cannot proceed for any reason outside of Celebrant’s control. In these circumstances, the Couple forfeit all monies paid to Celebrant. 

(b) In the event of 1.4(a), the Celebrant may agree on a later time and place for the Celebrant to solemnise the marriage with the Couple, at the Celebrant’s sole discretion (which may be subject to an extra fee, payable in advance).

1.5. If the Celebrant is unable to perform the Ceremony in accordance with this Agreement for any reason whatsoever including, but not limited to, due to accident, illness, and/or injury: 

(a) Celebrant will advise the Couple as soon as practicable and make reasonable arrangements for another celebrant to perform the Ceremony, and

(b) Celebrant will compensate the replacement celebrant or refund the Couple a negotiated amount (whichever is appropriate), and will pass the Notice of Intended Marriage to the replacement marriage celebrant in a timely and appropriate manner.

PAYMENT TERMS

2.1. Fee: Subject to item 2.3, at Celebrant’s sole discretion, the Fee will be as indicated on the Tax Invoice (and may include travel costs).

2.2. Where more than one party has entered into this Agreement, the Couple will be jointly and severally liable for all payments of the Fee.

2.3. Variation of Fee:

(a) Any variation to the Services as directed by the Couple (including but not limited to, travel fees related to a change of location/venue, provision of additional services, or requirement to purchase items) will be in addition to the Fee and will be shown as variations on the Tax Invoice.

(b) Payment for all variations must be made in accordance with item 2.6

2.4. Booking Fee:

(a) The Celebrant acknowledges the Couple has paid the Booking Fee as at the date of this Agreement.

(b) The Booking Fee is non refundable unless this Agreement is cancelled by Celebrant under item 5.2.

2.5. Secure Booking:

(a) The Services for the New Ceremony Date will not be secured until the Postponement Booking Form has been completed. 

2.6. Payment of the Outstanding Balance:

(a) The Outstanding Balance (including any variations) must be paid to the Celebrant no later than one (1) calendar month prior to the New Ceremony Date specified in the Postponement Booking Form.

(b) If the Outstanding Balance is not received within the timeframe specified at 2.6(a), Celebrant may terminate this Agreement by giving written notice to the Couple and retain the Booking Fee and all other monies paid to Celebrant by the Couple.

(c) Celebrant is under no obligation to provide the Services (or any part thereof) until the Outstanding Balance is received.

VARIATION TO CEREMONY DETAILS (INCLUDING POSTPONEMENTS)

3.1. Proposed changes with notice:

(a) If Party 1 and/or Party 2 propose a change to the ceremony details (as specified in the Postponement Booking Form), then Party 1 and/or Party 2 must notify Celebrant of such change in writing.

(b) In the event of 3.1(a), Celebrant will make reasonable efforts to accommodate such change HOWEVER in relation to proposed changes to the New Ceremony Date the following provisions will apply: 

(i) if the Couple wish to change/reschedule/postpone the New Ceremony Date and the proposed date is within 12 months of the Original Ceremony Date, the Celebrant will make reasonable efforts to accommodate the request at no additional cost to the couple. 
(ii) if the Couple wish to change/reschedule/postpone the New Ceremony Date and the proposed date is more than 12 months from the Original Ceremony Date (and the Celebrant is able to accomodate the change) an additional fee of $300 will be payable to the Celebrant to hold/secure the date (Postponement Fee). The Couple agree to make payment of the Postponement Fee in accordance with item 2.6.

(c)  If Celebrant is unable to accommodate requested changes under 3.1(a) and (b), then Celebrant may terminate the Agreement and retain the Booking Fee. 

(d) Celebrant must notify the Couple if the Agreement is terminated pursuant to this item 3.1(c) within seven (7) days of receiving notice of the change to the ceremony details.

(e) If the Terms and Conditions of Service are terminated in accordance with this item 3.1 less than one (1) month from the ceremony date specified in the Postponement Booking Form, the Couple will either:

(i) Forfeit the Fee, if already paid; or

(ii) Be liable to immediately pay Celebrant the Outstanding Balance, if not already paid.

3.2. Proposed changes late notice:

(a) If the ceremony is to be changed to an alternative venue or time for any reason whatsoever including due to inclement weather, then Party 1 and/or Party 2 must notify Celebrant of such change as soon as possible by telephone to ensure that they have sufficient time to travel to the alternative venue or make any other necessary arrangements to attend the ceremony.

(b) Celebrant will not be held responsible for any delays in the Ceremony Time due to such change.

THE COUPLE’S OBLIGATIONS AND WARRANTIES

4.1. The Couple agree that Celebrant has explained to them the legal requirements for entering into a marriage.

4.2. The Couple warrant to Celebrant that:

(a) They fully understand the legal requirements for entering into a valid marriage; and

(b) They are legally able to marry each other.

4.3. The Couple agree to:

(a) Complete and provide to Celebrant a Notice of Intended Marriage within the timeframe required by law.

(b) Provide Celebrant with all original documentation requested no less than one (1) calendar month before the ceremony date including any accredited translation documentation requested by Celebrant. If the Couple fail to provide all requested documentation to Celebrant within the specified timeframe, Celebrant is under no obligation to provide the Services and may cancel the Agreement. In these circumstances, the Couple will forfeit all monies paid to Celebrant.

(c) Communicate all of their expectations to Celebrant regarding the Ceremony no later than seven (7) days before the ceremony. If the Couple fail to meet the specified timeframe, all decisions regarding the content of the ceremony will be left to the sole discretion of Celebrant.

(d) Advise Celebrant as soon as practicable if either of them is taking prescribed medication which may change their demeanour at the ceremony.

(e) Arrive at the ceremony not appearing to be inebriated or under the influence of any other substance (judgement as to inebriation of the Couple being under the influence of alcohol or any other substance is at the Celebrant’s sole discretion). NOTE: The Celebrant is not lawfully authorised to solemnise the marriage under these circumstances.

(f) Nominate two official witnesses aged 18 years or over who appear sober and do not appear to be under the influence of any other substance (at the sole judgement of the Celebrant) otherwise alternative official witnesses must be used.

CANCELLATION

5.1. Cancellation by the Couple:

(a) The Couple may terminate this Agreement at any time by giving written notice to Celebrant.

(b) If the Couple terminates this Agreement, for any reason whatsoever, less than one (1) month before the Ceremony date, the Couple will be liable to pay Celebrant the Fee.

(c) If the Couple cancel this Agreement, for any reason whatsoever, less than three (3) months before the Ceremony Date, the Couple will be liable to pay Celebrant an amount equal to 50% of the Fee.

5.2. Cancellation by Celebrant:

(a) Celebrant can terminate this Agreement at any time by giving written notice to the Couple.

(b) If Celebrant terminates this Agreement, other than in accordance with 3.1, then all monies paid will be refunded to the Couple.

(c) Celebrant will not be liable for any loss or damage, including any consequential loss or damage, arising from such cancellation.

RELEASE AND INDEMNITY

6.1. The Couple and their guests (if any) agree to follow any directions issued by Celebrant on the ceremony date at their own risk. Celebrant is not liable for any personal injury or property damage that may occur.

6.2. The Couple unconditionally and irrevocably release Celebrant from and indemnify Celebrant against any and all losses, damages, claims, demands, costs or expenses that the Couple has suffered, sustained or incurred or may suffer, sustain or incur by reason of or as a consequence of the provision of the Services or any other item of these Terms and Conditions of Service.

6.3. If Celebrant experiences any unforeseen obstacles on their way to the ceremony including by way of example only (and not limited to) traffic jam, mechanical problems, car accident, cancelled flight etc then Celebrant will make all reasonable efforts and incur the reasonable costs for alternative travel arrangements in order to attend the ceremony.

6.4. In these circumstances, if Celebrant is unable to attend the Ceremony, then Celebrant will:

(a) Notify the Couple as soon as reasonably practicable;

(b) Not be liable for any loss or damage, including any consequential loss of damage; and

(c) Refund the Outstanding Balance, to the Couple.

WARRANTY

7.1. If the Couple are Consumers then the Services come with guarantees that cannot be excluded under the Australian Consumer Law. The guarantees under the Australian Consumer Law are given by Celebrant.

7.2. No other guarantees or warranties apply to the Services unless a further and additional warranty is provided, in writing, to the Couple by Celebrant.

INTELLECTUAL PROPERTY 

8.1 The Couple agrees that they will not share, copy or reproduce in any way, any part of their written ceremony or the resources/other materials provided to the Couple by the Celebrant without the express permission of the Celebrant.

8.2  The Couple grants permission for the Celebrant to use images of the ceremony on their website, social media, and in promotional material. Professional photographs used by the Celebrant will acknowledge the photographer and/or the photographic studio.

8.3 The Celebrant grants permission to the Couple for Celebrant to be included in all photographs and videography that occurs during the ceremony.

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