Elopement Collective Terms and Conditions

Thank you for choosing The Elopement Collective (ABN: 37709073991) (hereafter “The Elopement Collective”, “our”, “we”, “us”) for your Epic Elopement. This is an Agreement under which you (hereafter ‘the Client’, ‘you’ or ‘your’) agree to use the Services (‘the Terms’) supplied by The Elopement Collective.

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

Your Booking is confirmed once we have received a signed copy of these Terms and your booking fee is received. However, where you fail to provide an executed copy of the Terms but proceed to use our Services (or pay our Booking Fee), you confirm your agreement to be bound by these Terms.

This agreement expressly supersedes prior agreements or arrangements with you.

1. Scope of Services

   1. The Elopement Collective is here to plan of Your epic elopement and offer Goods and Services outlined in these Terms and as detailed in the Scope of Work (‘Your Epic Elopement’).

   2. The Elopement Collective offers the Services which are outlined on its website at https://elopementcollective.com

2. Booking Fee

   1. You must pay a Booking Fee which is non-refundable. The Booking Fee required to be paid is a fixed sum of $700.00 to be paid on execution of these terms.

   2. By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable. The purpose of the Booking Fee is to not only secure our Services, but to pay for Services in making that Booking.

   3. Again, the Booking Fee is non-refundable and has been set as liquidated damages as a genuine estimate of loss suffered in the event that you cancel The Elopement Collective and its associated services, regardless of whether it is able to re-book another Epic Elopement in its place.

   4. Unless otherwise specified in these Terms, your Booking Fee cannot be transferred to another date.

3. Payments

   1. Each person who has executed these Terms will be jointly and severally liable for all payments owing to The Elopement Collective.

   2. You should be aware that the price quoted for Your Epic Elopement may change due to unforeseen circumstances not present at the time of taking your Booking. This includes where your initial expectations have exceeded what was expressed at the time of taking the Booking. This also may include costs relating to travel outside of usual service areas, should The Elopement Collective need to travel either before your Elopement Date or on the Date itself.

   3. You are required to pay for Your Elopement as follows:

      1. The Booking Fee as outlined in Clause 2;

      2. The remainder of the fee is due within four months of the date this contract was executed, or one month before the elopement, whichever date falls first.

   4. For all payments we will provide you with an invoice for the Services in advance. Any payments made to The Elopement Collective will be made via direct deposit or the credit card payment facilities where the credit card service charge will be added.

   5. The Elopement Collective reserves the right to increase the price of the Services where there are any last minute changes to the Client’s requirements, scope of services, additional hours or increase in labour. The additional charges are payable within 30 days of invoice.

   6. Transportation, meals and accommodation costs for meetings before and during the coordination of the Elopement will be borne by the Client for The Elopement Collective and the team, as follows:

      1. Where work is required beyond that in the scope of the original work, such as further rehearsals, the payment of travel costs relating to both the time consumed and distance travelled will be charged;

      2. Accommodation costs of up to 50% for the entire team, in an appropriate hotel that facilitates quick access to the elopement locations, including breakfast, if your Elopement Location is located more than 85km away from The Elopement Collective’s and (assistants’) office(s), and/or if the elopement day(s) itinerary requires The Elopement Collective’s on-site presence earlier than 8:00 am and/or later than 10:00pm; and

      3. Meals for all event days for the entire team.

   7. Additional agreements or changes that affect the agreed services or prices need to be explicitly agreed by the parties and documented in written form without delay.

4. Cancellation or Postponement of Booking

   1. You may cancel this agreement at anytime, by notifying the Elopement Collective in writing and by doing so, you forfeit the non-refundable Booking Fee and any monies paid to date.

   2. In the event that you wish to postpone your Booking, this will be treated as a cancellation in accordance with Clause 4.1 above. Should you wish to book a further date, you will be required to pay a new Non-Refundable Booking Fee for a date that is mutually acceptance to both the Elopement Collective and you. All monies paid prior to Cancellation are not transferable to a new Booking Date.

   3. This clause does not apply where there are genuine force majeure circumstances, which are outlined in Clause 16.

   4. The Elopement Collective may withdraw their Services in some circumstances. Such circumstances include discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors.

5. Cooperation

   1. The parties agree to positive cooperation, clear communication, and accurate description of needs for the best possible result within the definition of this assignment. The Elopement Collective is not responsible for key individuals’ failure to be present or to cooperate during any meetings with The Elopement Collective, or the Elopement itself.

   2. The Client agree to the following deadlines during the planning process:

      1. All elopement concept decisions are to be finalised and vendors chosen at the earliest convenience and no changes are to be requested in this regard during the last three months before the elopement.

      2. Vendor changes made after one week from the signing of this contract may incur a change fee.

      3. All detailed floral and styling orders are to be finalised at the latest eight (8) weeks before the Elopement.

      4. No new service requests are to be made during the last month before the Elopement.

   3. Should additions or alterations be made to the Scope of Services or any other details in relation to the Booking Day, such additions or alterations must be confirmed in writing by email. Where contractual changes occur, The Elopement Collective will outline such changes in an Annexure to be signed and executed by the Client and The Elopement Collective. Such Annexure will only become effective after signing by both the Client and The Elopement Collective.

6. Being Your Celebrant

   1. Josh Withers, of the Elopement Collective provides professional celebrancy Services (‘Josh Withers’).

   2. Josh Withers agrees to conduct a marriage ceremony in either Australia, the United States or Canada 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 in the relevant country of elopement.

   3. You warrant that:

      1. Josh Withers has explained to you the legal requirements for entering into a marriage, and you fully understand those legal requirements;

      2. you are legally able to marry each other;

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

   4. You agree to:

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

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

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

      4. provide Josh Withers all documentation requested, no less than the fourteen (14) days before the ceremony date. If the parties fail to do so, Josh Withers is under no obligation to perform the ceremony and may cancel the Booking with all monies already paid by the parties forfeited; and

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

   5. Where it becomes apparent that the parties are unable to undertake a lawful marriage ceremony, you may choose to have the Celebrant perform a “commitment ceremony”.

   6. Where you wish for the marriage to be solemnised thereafter in Australia, further fees will be incurred.

   7. 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 there the witnesses are not hearing impaired, and that the witnesses are situated close to Josh Withers as they conduct the ceremony, so as to ensure that they can hear and understand what is being said during the ceremony.

   8. You must not be under the influence of alcohol or other substance which may impair your capacity to take part in the ceremony. Josh Withers can, at any time using their own judgment and sole discretion, refuse to undertake the ceremony, in accordance with the relevant legislation relating to the same.

   9. Upon completing your ceremony, Josh Withers will provide you with a Commemorative Marriage Certificate.

   10. Josh Withers will endeavour to complete all relevant paperwork relating to the registration of marriage within two (2) business days, and lodge the relevant paperwork with the Registry of Births, Deaths and Marriage.

       1. You will be informed in writing by Josh Withers 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. Josh Withers may be able to assist you in apply for this document.

7. Making Your Photos and Videos

   1. When you are given the photographs, videos or sound recordings taken by The Elopement Collective, you must only use this work for personal use only. Any use, reuse, or production for commercial purposes without our express written consent of The Elopement Collective is strictly prohibited.

   2. By accepting these terms, you confirm that you have given permission, and sought the permission from your guests and vendors, for us to take images and videos.

   3. The photographs, digital negatives or prints produced by the Elopement Collective are protected under all relevant Copyright Laws (with all rights reserved) and may not be reproduced, duplicated or altered in any manner without, the Elopement Collective’s explicit written permission.

   4. You must not edit, change, add to, take from, crop, alter or otherwise amend the photographs without prior consent of the Elopement Collective. You must also ensure that when making the photographs publicly accessible on social media, that no filter or editing mechanism is used to alter the photos.

   5. You acknowledge that when The Elopement Collective takes images and/or videos of you at your Epic Elopement, you irrevocably waive all copyright rights (including moral rights) in any such images and agree to provide us a royalty free non-exclusive licence to use any such images and/or video of you and your Epic Elopement using our Services for our marketing purposes.

   6. Upon final payment by you, limited copyright ownership of the resulting images will be transferred to you under the following conditions:

      1. Final images are the property of yours for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives;

      2. You must obtain written permission from, and compensate the Elopement Collective prior to an event where you, your friends or relatives publish or sell any photographs by the Elopement Collective for profit or attribution;

      3. You are unable to use any of the images for commercial or editorial purposes, or enter any images into competitions without the express written permission of the Elopement Collective.

      4. Any uploading of images to social media should be accompanied by a link or mention to the Elopement Collective‘s website and/or social network business page.

   7. You hereby assign and grant the Elopement Collective the irrevocable and unrestricted right to (i) use and publish photographs of you or in which you may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; (ii) to alter the same without restriction; and (iii) to copyright the same.

   8. You acknowledge that it is your responsibility to obtain the necessary assignment of rights to the Elopement Collective from those who are to be featured in photography so as to ensure that the Elopement Collective can use and publish the photographs of those persons.

   9. You hereby release the Elopement Collective and assigns from all claims and liability relating to said photographs. It is agreed that the Elopement Collective may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display and any other purpose thought proper by the Elopement Collective.

   10. The Client agrees that all aspects of this Agreement, and any work that The Elopement Collective creates or develops, in connection with the Services provided to the Client (including the elopement concepts created by The Elopement Collective) remain confidential and they will not disclose any of this information other than required by law.

   11. You acknowledge that the Elopement Collective is not responsible for the inability to take certain photographs because of limitations such as weather.

   12. You acknowledge that in order to avoid dark or grainy photographs, the Elopement Collective may need to use lighting. Where footage may be impacted by poor lighting, the Elopement Collective may also direct you, or others who are being photographed, to relocate to a place where there is better lighting. Where you, or another person, refuse to allow lighting at the reception, or refuse to move to another location, we cannot be responsible for the quality of the photographs.

   13. You acknowledge that the photographs may be different from photographs done by the Elopement Collective in the past and that in creating the photographs we shall use the Elopement Collective’s own creative artistic judgment to create photographs consistent with its personal judgment and consistent with its vision of the event, which may be different from your vision of the event. Accordingly, you acknowledge that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.

   14. The Client acknowledges that all intellectual property created by The Elopement Collective remain the sole property of The Elopement Collective. The ownership of these intellectual property rights remains unchanged by this agreement other than as expressly set out in the agreement. The Client absolutely assigns to The Elopement Collective all its rights, title and interest in any materials or ideas from the date of their creation, including all existing and future intellectual property rights, to the extent permitted by law.

8. Photo Release

   1. By entering into an Agreement with The Elopement Collective, the Client warrant that they release, and have obtained consent and release from the necessary parties, for Elopement Collective to publish their photos and videos on The Elopement Collective’s and involved Vendors’ websites, social media channels and blogs, on third-party blogs, print media, television for advertising purposes.

   2. Where the clients are unable to gain approval to the full gallery of photographs and videos, or do not agree to a full photograph and video release, the Client are able to choose from the below options:

      • The clients agree to the publishing of their photographs and videos on The Elopement Collective’s and involved Vendors’ websites, social media channels and blogs, on third-party blogs, in newspapers, magazines and television channels, for advertising purposes, only after approval of the photo-video selection by the Client. The final selection must include shots of the Client and guests.

      • The clients do not agree to the publishing of any photographs and videos where their identities and the identities of their guests are recognisable, but only venue, décor, attire, details can be used.

      • The clients do not agree to the publishing of any photographs and videos of their elopement.

9. Insurance

   The Elopement Collective recommends that you take out all prudent insurance for any event planned or styled by The Elopement Collective. It is also your responsibility ensure all other vendors and contractors that will be in the same location as The Elopement Collective’s personnel have the necessary insurance should any loss, damage or expense be suffered by The Elopement Collective.

10. Supplier Items

    1. All items that have been hired by you from other vendors, which have been sourced as part of the event styling or coordination package, must be packed up by you in accordance with the relevant supplier’s terms and condition. Where you have instructed The Elopement Collective to do this on your behalf but the “packing up” takes longer than what would ordinarily be expected, The Elopement Collective reserves the right to invoice you for any further hours of labour required in order to do this.

    2. Unless it has been agreed for The Elopement Collective to pack down the event, The Elopement Collective will not be liable for additional fees incurred from other vendors if the items are not packed up or ready for collection. Further, if we, as part of Your Epic Elopement, arrange for the placement of hire items on your Elopement Date, we will not be held liable for the suitability, condition or maintenance of the hire equipment on the date. You agree to indemnify us against any claims by any third party for loss or damage suffered in relation to the hire items. To the extent permitted by law, you will remain responsible for risk of loss, theft, damage or destruction to any equipment used from any and every cause.

    3. The Elopement Collective will not be liable, in any instance, for damage to other vendor items. It is also not responsible for finding missing or lost items. The Elopement Collective will not be responsible for circumstances where you are charged additional fees by the vendors due to damage or loss of items.

11. Safety

    1. You agree, while working with The Elopement Collective on their event, both prior to the event and during, they are not to undertake any illegal or dangerous activities that threaten The Elopement Collective’s safety and well-being.

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

    3. If these regulations are not strictly adhered to and The Elopement Collective feels the personal safety of its employees and officers are at risk, it reserves the right to exit the event and its duties and you will forfeit any fees paid

    4. The Elopement Collective is not responsible for the failure of the participants and guests to follow government health regulations, including those restrictions relating to gatherings and social distancing. To the fullest extent permitted by law you agree that The Elopement Collective will not be liable to you or any person for any claim resulting from issues relating to breaches of COVID-19 related directions and any other rules and regulations relating to the same.

12. Subcontracting of Services

    In the unlikely event of severe medical, natural, or other emergencies, The Elopement Collective 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

13. Warranty, Liability and Indemnity

    1. To the extent that the Australian Consumer Law allows, The Elopement Collective 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.

    2. While the Elopement Collective takes the upmost care with respect exposure, storage and processing of photography files, it cannot and does not, guarantee that photography or videography of your elopement will not be lost, stolen, or destroyed for reasons within or beyond its control. Where this has occurred, and it is deemed the fault of the Elopement Collective, it will provide a full refund of the photography portion of your package.

    3. To the fullest extent permitted by law you agree that neither The Elopement Collective or its employees will be liable to you or any person for any loss, damage, claim, cost or expense resulting from or arising out of your use (or inability to use) the Services. This includes any direct, indirect or consequential loss, even if such loss was not contemplated at the time of making the Booking or accepting these Terms.

    4. To the fullest extent permitted by law, you agree to indemnify The Elopement Collective, and its officers, directors, employees from and against all claims, including reasonable legal costs, resulting from any breach of this Agreement or any activity related to your use of the Services, (including, without limitation, infringement of any third party’s copyright, trade mark, patent or other intellectual property rights anywhere in the world or any negligent or wrongful conduct) by you and any liability for any claim, whether direct, indirect, incidental, special and/or consequential loss even if such loss was not contemplated at the time of making the Booking or accepting these Terms.

14. Force Majeure

    1. The Elopement Collective 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 The Elopement Collective’s control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by vendors (known as ‘force majeure circumstances’).

    2. If a genuine force majeure circumstance occurs and means that the performance of The Elopement Collective’s obligations under the Agreement is impossible, we will contact you as soon as reasonably possible to notify you and our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of that force majeure circumstance. This clause does not apply in circumstances where an event outside of The Elopement Collective’s control occurs but the circumstances still make the Booking possible (notwithstanding inconvenience or hardship).

    3. If you cancel the booking or vary the booking because the alleged event outside of The Elopement Collective’s 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 The Elopement Collective is only obliged to use its reasonable endeavours to provide an alternative date.

    4. In genuine force majeure circumstances, The Elopement Collective will endeavour to arrange a new date for the Booking with you after the event outside of its control is over. Parties must use all reasonable endeavours to mutually agree on a new date. In force majeure circumstances, where an alternative date can be provided which has resulted from a force majeure event, The Elopement Collective will credit any amount paid already for a date that can be mutually agreed.

    5. If you choose to book again and an event beyond The Elopement Collective’s control is reasonably foreseeable, based on Government guidance, then the booking is done so at your own risk and The Elopement Collective is not liable for any loss suffered as a result of the failure of your second booking to proceed. The Elopement Collective is under no obligation to provide a further date as a result of any cancellation or postponement.

15. Jurisdiction

    These Terms are governed exclusively by the laws of Queensland, Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Queensland, Australia.

16. Severability and Waiver

    If the whole or any part of a provision of this Agreement is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This does not apply if the severance of a provision of this Contract in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under this Agreement. Any failure by The Elopement Collective to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted to the Client in writing.

17. 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.