TERMS AND CONDITIONS
A. Introduction
The Client is engaging the services of Anthea Lawrence and Anthea Lawrence accepts the booking, subject to these Terms & Conditions and the contents of the invoice, which constitute the entire agreement between us (“the Agreement”).
B. Definitions
The Elopement Planner : Anthea Lawrence (also referred to as ‘us’ or ‘we’).
Client: the person or persons who book the services of Anthea Lawrence (also referred to as ‘you’).
Force Majeure: acts, events, omissions or accidents beyond the reasonable control of the Elopement Planner, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of the Elopement Planner or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
Services: various elopement planning and co-ordination services.
Invoice: the document written by the Elopement Planner which details the specific requirements of the Client as agreed during the consultation process.
Vendors or Third Party Providers: Service providers outside of Anthea Lawrence
Elopement fee: The amount of money required for the provision of services as detailed in the invoice.
C. Services
i) The Elopement Planner will perform the Services for the fee in accordance with the Agreement. Services for your particular event, as agreed, are listed in Section J.
ii) The Elopement Planner can, on your behalf, negotiate contracts with third party suppliers for your event and will take reasonable care in the selection of and negotiation with such third parties. All contracts negotiated in this way will be entered into between you and the individual third party suppliers. This ensures you have a direct contractual relationship with all of your suppliers. It is your responsibility, not that of the Elopement Planner to ensure you are aware of and comply with all the Terms and Conditions of individual third party suppliers.
iii) The Elopement Planner will not be liable for any non-observance by you of any third party supplier contract terms.
iv) Third party contracts, and the performance of these suppliers, is beyond the control of the Elopement Planner. Whilst we will do everything we can to rectify any problems that may arise we cannot accept responsibility for the unsatisfactory performance of a third party supplier. We do not recommend hiring third party suppliers outside of our choices or contract.
v) We will attend your event to over-see the co-ordination of the planned events.
vi) The Elopement Planner does not purchase goods or services on your behalf. If the Client makes such a request, the Elopement Planner may, at our discretion, agree to make such a purchase. Any such purchases will be subject to an additional charge of 10% of the value of the purchase, payable in advance.
D. Budget & Fees
i) The Budget will be set following consultation with the Client. If, during the planning process, you require additional planning services to those detailed in the invoice, a separate written agreement will be entered into in accordance with paragraph (i).
ii) The Elopement Planner’s Fee will be payable by the Client in accordance with the terms set out on the invoice. Payments via Paypal may incur an extra fee to cover the Paypal fees.
iii) Invoices submitted by the Elopement Planner to the Client, must be paid in full, cleared funds, within 7 working days of the date of the invoice. The Client acknowledges that each payment made under these terms is non-refundable.
$400 deposit is payable at the time of booking. This is non refundable
A deposit or the full fee for accommodation is required at the time of booking, (whichever is required by the accommodation provider is payable at the time of booking.)
The outstanding balance for the agreed upon elopement fee is required no later than 4 days before the event
iv) If the Client does not pay the Elopement Planner on the invoice due date, we may:
a) charge interest on the sum outstanding for payment at the annual rate payable on the late payment of commercial debts, accruing on a daily basis until payment is made, and
b) withdraw the supply of all Services until such time as payment and interest has been made in full and
c) require payment of all future sums due under this agreement as a condition of the recommencement of Services.
v) If the Elopement Planner’s attendance at your event necessitates an overnight stay, related accommodation costs and basic subsistence will be charged back to you up to a reasonable limit of $200 per night.
E. Client Responsibilities
i) You agree to co-operate fully with the Elopement Planner and to make yourself available for all necessary decision-making concerning the planning of your event.
F. Data Protection
i) The Elopement Planner will require and hold only the minimum amount of personal data from you in respect of your event and for their own accounting purposes. You agree that the Elopement Planner may pass personal data to potential suppliers where appropriate. The Elopement Planner will not be held responsible for the way in which these suppliers store and use your personal data.
ii) The Elopement Planner will be as discreet about your event arrangements as is reasonably possible.
You accept that total secrecy is impossible given the need for us to contact potential suppliers and make arrangements on your behalf.
iii) The Elopement Planner reserves the right to use photographs & video of your event for our professional portfolio and website. By committing to the contract, you agree that we can use any photos we choose. We will not publicise any photos of your event for at least 14 days following the event.
G. Cancellation
i) In the unlikely event that you wish to cancel the Elopement Planner’s services, you must give us at least 45 days notice prior to your event date or the date of services to be rendered. Upon receipt of a letter of cancellation, and following settlement of all invoices issued prior to receipt of the cancellation, we will provide you with all relevant information in our possession regarding your event.
ii) Any cancellation received by the Elopement Planner less than 45 days prior to your event date or the date of services to be rendered will be subject to the settlement of the unpaid balance of the Elopement Planner’s fee. All relevant information in our possession relating to your wedding will be released on receipt of this payment.
iii) The Elopement Planner reserves the right to terminate this agreement in exceptional circumstances (including but not limited to ill health, bereavement or failure to agree a change in accordance with clause I B), and will not be liable for any failure to perform the Services or delay in performance of the Services in the event of Force Majeure or in the unlikely event that the relationship with the Client is rendered unworkable in the opinion of the Elopement Planner. The Elopement Planner will terminate the agreement in writing, giving 4 weeks’ notice. We will release all relevant information pertaining to your event upon settlement of all unpaid invoices issued prior to termination.
H. Limitation of Liability
i) The entire financial liability of the Elopement Planner to the Client is contained in this clause (including any liability for the acts or omissions of its employees, agents and vendors) in respect of:
a) any breach of this agreement;
b) any use made by the Client of the services; and
c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement and
d) any other matter or thing.
ii) All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
iii) Nothing in this clause limits or excludes the liability of the Elopement Planner:
a) for death or personal injury resulting from negligence; or
b) for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by the Elopement Planner
iv) Subject to conditions Hii) and Hiii) the Elopement Planner shall not be liable for:
a) loss of anticipated savings; or
b) loss of goods; or
c) loss of contract; or
d) loss of use; or
e) loss or corruption of data or information; or
f) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
(v) The Elopement Planner’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall (unless you take advantage of the offer to endeavour to arrange insurance in paragraph (vi) of this clause H) be limited to the price paid for the Elopement Planning services.
(vi) If you give us notice within two weeks after signing this agreement that you prefer not to agree the limit on liability referred to in clause (v) of this clause H then we will at your entire cost and expense endeavour to arrange insurance in order to provide you with a greater level of financial liability and if we can (at your cost and expense as stated) arrange such insurance our liability will be the level of such insurance.
I. General
i) No changes to this Agreement, or to any of the documents referred to in them, will be valid unless either
A – it is in writing and signed by or on behalf of each of the parties or
B – it is a change to this Agreement which is reasonably requested by the Elopement Planner in order to comply with any applicable legal or safety requirements (and if such change in the reasonable opinion of the Elopement Planner requires an adjustment to the Budget or the Elopement Planner’s fee then You and We will negotiate in good faith to agree such adjustment.
ii) This agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be exclusively governed by, and construed in accordance with, the law of New Zealand.
iii) If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
iv) If a provision of the Contract (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
v) You will not, without the prior written consent of the Elopement Planner, assign, transfer, subcontract, declare a trust of or deal in any manner with all or any of its rights or obligations under the Agreement.
vi) We may at any time assign, transfer, or subcontract, all or any of the rights of the Elopement Planner under this Agreement and may subcontract or delegate in any manner any or all of the obligations of the Elopement Planner to You to any third party or agent.
vii) Each party that has rights under this Agreement is acting on its own behalf and not for the benefit of another person. A person who is not a party to this Agreement shall not have any rights under or in connection with it.
viii) Any notice required to be given under this Agreement shall be in writing and shall be delivered personally, or sent by, recorded delivery to the other party.
ix) Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address shown on the invoice or, if sent by recorded delivery, at 9.00 am on the second Business Day after posting.
J. Elopement Details
PARTIES
This Elopement Planner Contract (hereinafter referred to as the “Contract”) is entered into on ______________ (the “Effective Date”), by and between ______________________________________________________________ with an address of _________________________________________________ (hereinafter referred to as the “Client”) and Anthea Lawrence (Marry Me in Central Otago), with an address of 15 Aurum Court, Cromwell 9310 (hereinafter referred to as the “Planner”) (collectively referred to as the “Parties”).
ELOPEMENT DETAILS
Date_____________________________________________________________
Time____________________________________________________________
Ceremony Location_________________________________________________
Accommodation Location____________________________________________
PLANNER DUTIES
The Client hereby engages the Planner to perform the following duties or hire vendors to provide the following services relevant to the Elopement:
Celebrant
Photographer
Videographer
Cake
Flowers
Makeup Artist
Hair stylist
Celebration meal
Sparkling Wine
Lunch Platter
Accommodation
Witnesses
Other _____________________________________________________________