Terms and Conditions.
Upon payment of the Booking & Lodgement Fee, both parties agree to retain the services of Dylan Bond as their celebrant and or wedding planner according to the following Terms and Conditions:
DEFINITIONS
1.1. “Couple or They” means Party 1 and Party 2 named in the Service Agreement.
1.2. “Agreement” means this Service Agreement.
1.3. “Lodgement Fee” means the fee applicable to secure the date as stated in the Service Agreement.
1.4. “DB” means Dylan Bond – Authorised Marriage Celebrant and/or Managing Director of When Two Become One – ABN 87791004820.
1.5. “Price” means the cost of the Services as specified by DB in the Invoice.
1.6. “Services” means the services specified in the invoice
1.7. “Invoice” means the invoice supplied by DB to the Couple in accordance with clause 4.1.
ACCEPTANCE
2.1. Any instructions received by DB from the Couple for the provision of the Services constitutes acceptance of these Terms and Conditions.
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 Price.
2.3. On acceptance of these Terms and Conditions by the Couple, the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions or with the written consent of DB.
SERVICES
3.1. DB will provide the Services in accordance with the Commonwealth Attorney General Department Code of Practice for Certified Civil Celebrants. A copy is available to couples upon request.
3.2. In providing the Services, the Couple acknowledge and agree that DB is required to attend at the Ceremony for time specified in the final invoice unless otherwise agreed in writing.
3.3. Subject to clause 3.2, DB will endeavour to attend at the Ceremony at least thirty (30) minutes prior to the Ceremony Time and will leave no earlier than twenty (20) minutes following the Ceremony Time.
3.4. DB reserves the right to leave the Ceremony thirty (30) minutes after the Ceremony Time stated in the Agreement if both or either of the Couple have not arrived or the Ceremony cannot proceed for any reason outside of DB’s control. In these circumstances, the Couple forfeit all monies paid to DB.
3.5. If DB is unable to perform the Ceremony in accordance with this Agreement, for any reason whatsoever including due to an unforeseen accident and/or injury, DB will advise the Couple as soon as practicable and make reasonable arrangements for another celebrant to perform the Ceremony.
3.6. PA System: The Couple acknowledge that the use of DB ’s PA system (if applicable according to The Service) is subject to favourable weather and/or site conditions and will not be used in any circumstance where the PA unit or allied equipment may be exposed to harm either by persons or the elements. Judgement of this is at DB ’s sole discretion. The use of DB ’s PA system will not be used by any other service provider including, but not limited to photographers and videographers on the Ceremony Date without prior request from the service provider. Permission is at the sole discretion of DB.
PAYMENT TERMS
4.1. Price: Subject to clause 4.2, at DB ’s sole discretion, the Price will be indicated on the Invoice.
4.2. Variation of Price: Any variation from the Services as directed by the Couple will be in addition to the Price and will be shown as variations on the Invoice. Payment for all variations must be made in accordance with clause 4.5.
4.3. If your booking date falls on a public holiday (state or federal) there may be an additional surcharge of 20% depending on time, location and additional factors. Please ensure you discuss this with your celebrant and an agreed total will be noted in the contract and invoiced accordingly.
4.4. Booking & Lodgement Fee (BLF): The Couple must pay DB the BLF ASAP upon booking which covers the lodgement of the NOIM form and secures the Ceremony Date/Time specified in the Invoice. The Lodgement Fee is non-refundable unless the Agreement is cancelled by DB under clause 7.2.
4.5. Secure Booking: The Services will not be secured until the BLF is paid in full and the signed Agreement is returned to DB.
4.6. Payment of the Price: The Price (including any variations) must be paid to DB by the date specified in the Invoice. If the Price is not received within the timeframe specified, DB may cancel the Agreement by giving written notice to the Couple and retain the Lodgement Fee and all other monies paid to DB by the Couple. DB is under no obligation to provide the Services (or any part thereof) until the Price is received.
4.7. Travel Costs: The cost of all travel expenses is included in the Invoice up to the total KM listed within the inclusions. A fixed fee of $80 per 100 kms will be charged for distances travelled by vehicle over and above the included total and any requirement for flights, accommodation, hire vehicles, fuel, transfers, visa’s, per diems ($100AUD per day) and extra baggage and or logistics requirements are at the cost of client and will be stipulated in the invoice as an estimate subject to change.
VARIATION TO THE CEREMONY DETAILS
5.1. Proposed changes with notice: If Party 1 and/or Party 2 propose a change to the Ceremony Details (as specified in the Agreement), then Party 1 and/or Party 2 must notify DB of such change in writing. In these circumstances, DB must make reasonable efforts to accommodate such change.
However, if the new details conflict with DB ’s prior commitments (professional or personal) then DB may cancel the Agreement and retain the Lodgement Fee. DB must notify the Couple if the Agreement is cancelled pursuant to this clause 5.1 within seven (7) days of receiving notice of the change to the Ceremony Details. If the Agreement is cancelled under this clause 5.1 less than six (6) months from the Ceremony Date specified in this Agreement, the Couple will either: Forfeit the Price, if already paid; or be liable to immediately pay DB the Price outstanding, if not already paid and is at the sole digression of DB .
5.2. Proposed changes late notice: If the Ceremony is to be changed to an alternative venue for any reason whatsoever including due to inclement weather, then Party 1 and/or Party 2 must notify DB of such change as soon as possible by telephone to ensure that she has sufficient time to travel to the alternative venue. DB will not be held responsible for any delays in the Ceremony Time due to such change.
THE COUPLE’S OBLIGATIONS AND WARRANTIES
6.1. The Couple agree that DB has explained to them the legal requirements for entering into a marriage.
6.2. The Couple warrant to DB that: They fully understand the legal requirements for entering into a valid marriage; and They are legally able to marry each other.
6.3. The Couple agree to: Complete and provide to DB a Notice of Intended Marriage within the timeframe required by law. Provide DB with all original documentation requested no less than fourteen (14) days before the Ceremony Date including any accredited translation documentation requested by DB. If the Couple fail to provide all requested documentation to DB within the specified timeframe, DB is under no obligation to provide the Services and may cancel the Agreement. In these circumstances, the Couple will forfeit all monies paid to DB. Communicate all of their expectations to DB regarding the Ceremony including accepting the ceremony script no later than fourteen (14) days before the Ceremony Date. If the Couple fail to do so within the specified timeframe, all decisions regarding the content of the Ceremony will be left to the sole discretion of DB.
6.4. The couple acknowledge that: They are not to arrive at the ceremony appearing inebriated or under the influence of any mood-altering substance, otherwise DB is lawfully not authorised to solemnise the marriage.
Judgement as to whether either of the Couple are under the influence of alcohol or any other mind-altering substance is at DB ’s sole discretion. They must supply two official witnesses aged 18+ who also appear free from the effects of alcohol or mind-altering substances otherwise alternative witnesses must be used. They will advise DB as soon as practicable if they are taking any medication that could alter their mood, personality or demeanour on the Ceremony Date.
CANCELLATION
7.1. Cancellation by the Couple: The Couple can cancel the Agreement at any time by giving written notice to DB .If the Couple cancel the Agreement, for any reason whatsoever, less than six (6) months before the Ceremony Date, the Couple will be liable to pay DB the Price stipulated within the invoice. If the Couple cancel the Agreement, for any reason whatsoever, more than six (6) months before the Ceremony Date, the Couple will be liable to pay DB an amount equal to 50% of the Price stipulated within the invoice.
7.2. Cancellation by DB: DB can cancel the Agreement at any time by giving written notice to the Couple.
If DB cancels the Agreement, other than in accordance with clause 6.1, then all monies paid will be refunded to the Couple. DB will not be liable for any loss or damage, including any consequential loss or damage, arising from such cancellation.
RELEASE AND INDEMNITY
8.1. The Couple and their guests (if any) agree to follow any directions issued by DB on the Rehearsal Date and the Ceremony Date at their own risk. DB is not liable for any personal injury or property damage that may occur.
8.2. The Couple unconditionally and irrevocably release DB from and indemnify DB 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 term of this Agreement.
8.3. If DB or his staff experiences any unforeseen obstacles on his way to the Ceremony including by way of example only (and not limited to) traffic jam, mechanical problems, car accident, cancelled flight etc then DB will make all reasonable efforts and incur the reasonable costs for alternative travel arrangements in order to attend the Ceremony.
8.4. In these circumstances, if DB is unable to attend the Ceremony, then she will: Notify the Couple as soon as reasonably practicable; Not be liable for any loss or damage, including any consequential loss of damage; and Refund the Price, less the Lodgement Fee, to the Couple.
GOVERNING LAW
9.1. This Agreement shall be governed by and interpreted in accordance with Australian and or State Law in which the ceremony is due to take place and the parties submit themselves irrevocably to the Courts of competent jurisdiction of the State in which the ceremony is due to take place.