TERMS AND CONDITIONS:
The Parties agree to retain the services of Claire Paterson Celebrant as their celebrant according to the following Terms and Conditions:
1.1. “Consumer” means a consumer for the purposes of section 3 of the Australian Consumer Law.
1.2. “Couple” means Party 1 and Party 2 named in the Contract.
1.3. “Contract” means this Service Contract.
1.4. “Deposit” means 50% of total fee. plus travel costs (if applicable).
1.5. “Price” means the cost of the Services as specified by Claire Paterson Celebrant in the Tax Invoice.
1.6. “Services” means the services specified in the Tax Invoice.
1.7. “Tax Invoice” means the tax invoice supplied by Claire Paterson Celebrant to the Couple in accordance with clause 4.1.
2.1. Any instructions received by Claire Paterson Celebrant from the Couple for the provision of the Services offered by Claire Paterson Celebrant constitutes acceptance of these Terms and Conditions.
2.2. Where more than one Party has entered into this Contract, 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 On acceptance of these Terms and Conditions by the Couple, the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions or with the written consent of Claire Paterson.
3.1. Claire Paterson Celebrant will provide the Services.
3.2. In providing the Services, the Couple acknowledge and agree that Claire Paterson Celebrant is only required to attend at the Ceremony for a minimum of one (1) hour and a maximum of three (3) hours unless otherwise agreed in writing.
3.3. Claire Paterson reserves the right to leave the Ceremony thirty (30) minutes after the Ceremony Time stated in the Contract if both or either of the Couple have not arrived or the Ceremony cannot proceed for any reason outside of Claire Patersons’ control. In these circumstances, the Couple forfeit all monies paid to Claire Paterson.
3.4. If Claire Paterson is unable to perform the Ceremony in accordance with this Contract, for any reason whatsoever including due to an unforeseen accident and/or injury, Claire Paterson will advise the Couple as soon as practicable and make reasonable arrangements for another celebrant to perform the Ceremony.
Subject to clause 4.2, at Claire Paterson’ sole discretion, the Price will be as indicated on the Tax 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 Tax Invoice.
Payment for all variations must be made in accordance with clause 4.5.
The Couple must pay Claire Paterson the Deposit.
The Deposit is immediately payable upon the date as per the tax invoice.
The Deposit is non refundable unless the Contract is cancelled by Claire Paterson under clause 7.2.
4.4. Secure Booking:
The Services will not be secured until the Deposit is paid in full to Claire Paterson.
4.5. Payment of the Price:
The Price (including any variations) must be paid to Claire Paterson in full one month or as stated on the tax invoice, before the ceremony as per date agreed on tax invoice.
If the Price is not received within the timeframe specified in clause 4.5a, Claire Paterson may cancel the Contract by giving written notice to the Couple and retain the Deposit and all other monies paid to Claire Paterson by the Couple.
Claire Paterson is under no obligation to provide the Services (or any part thereof) until the Price is received.
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 Contract), then Party 1 and/or Party 2 must notify Claire Paterson of such change in writing.
In these circumstances, Claire Paterson must make reasonable efforts to accommodate such change.However, if the new details conflict with Claire Paterson’ prior commitments then Claire Paterson may cancel the Contract and retain the Deposit.
Claire Paterson must notify the Couple if the Contract is cancelled pursuant to this clause 5.1 within seven (7) days of receiving notice of the change to the Ceremony Details.
If the Contract is cancelled under this clause 5.1 less than six (6) months from the Ceremony Date specified in this Contract, the Couple will either:
Forfeit the Price, if already paid; or
Be liable to immediately pay Claire Paterson the Price, if not already paid.
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 Claire Paterson of such change as soon as possible by telephone to ensure that he has sufficient time to travel to the alternative venue.
Claire Paterson 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 Claire Paterson has explained to them the legal requirements for entering into a marriage.
6.2. The Couple warrant to Claire Paterson 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 Claire Paterson a Notice of Intended Marriage within the timeframe required by law.
Provide Claire Paterson with all original documentation requested no less than fourteen (14) days before the Ceremony Date including any accredited translation documentation requested by Claire Paterson. If the Couple fail to provide all requested documentation to Claire Paterson within the specified timeframe, Claire Paterson is under no obligation to provide the Services and may cancel the Contract. In these circumstances, the Couple will forfeit all monies paid to Claire Paterson.
Communicate all of their expectations to Claire Paterson regarding the Ceremony no later than twenty-one (21) days before the Ceremony Date.If the Couple fail to provide any such details to Claire Paterson within the specified timeframe, all decisions regarding the content of the Ceremony will be left to the sole discretion of Claire Paterson.
7.1. Cancellation by the Couple:
The Couple can cancel the Contract at any time by giving written notice to Claire Paterson.
If the Couple cancel the Contract, for any reason whatsoever, less than six (6) months before the Ceremony Date, the Couple will be liable to pay Josh Withers the total Price.
If the Couple cancel the Contract, for any reason whatsoever, more than six (6) months before the Ceremony Date, the Couple will be liable to pay Claire Paterson an amount equal to 50% of the Price.
7.2. Cancellation by Claire Paterson:
Claire Paterson can cancel the Contract at any time by giving written notice to the Couple.
If Claire Paterson cancels the Contract, other than in accordance with clause 6.1, then all monies paid will be refunded to the Couple.
Claire Paterson 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 Claire Paterson on the Ceremony Date at their own risk. Claire Paterson is not liable for any personal injury or property damage that may occur.
8.2. The Couple unconditionally and irrevocably release Claire Paterson from and indemnify Claire Paterson 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 Contract.
8.3. If Claire Paterson experiences any unforseen 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 Claire Paterson 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 Claire Paterson is unable to attend the Ceremony, then Claire Paterson 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 Deposit, to the Couple.
9.1. 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 Claire Paterson.
9.2. No other guarantees or warranties apply to the Services and Photography Services unless a further and additional warranty is provided, in writing, to the Couple by Claire Paterson.
10.1. This Contract shall be governed by and interpreted in accordance with Victorian Law and the parties submit themselves irrevocably to the Courts of competent jurisdiction of the State of Victoria.
The Couple agree that they have received, read and understood the Terms and Conditions contained in this Contract and that the Terms and Conditions form part of the contract with Claire Paterson and governs each and every transaction with Claire Paterson.