Service Contract

The Parties agree to retain the services of The Elopement Collective as their elopement creator and Josh Withers as their celebrant according to the following Terms and Conditions:

  1. Definitions
    1. “Consumer” means a consumer for the purposes of section 3 of the Australian Consumer Law.
    2. “Couple” means Party 1 and Party 2 named in the Contract.
    3. “Contract” means this Service Contract.
    4. “Deposit” means $700.00 plus travel costs (if applicable).
    5. “The Elopement Collective” and “Brittany Withers” and “Josh Withers” means Withers XYZ Pty Ltd ACN 609 891 027 ATF The Snow Withers Trust including its employees, agents and contractors etc.
    6. “Photography Services” means the photography services specified in the Tax Invoice.
    7. “Price” means the cost of the Services as specified by Josh Withers in the Tax Invoice.
    8. “Services” means the services specified in the Tax Invoice.
    9. “Tax Invoice” means the tax invoice supplied by Josh Withers to the Couple in accordance with clause 5.1.
    10. “Videography Services” means the videography services specified in the Tax Invoice.
  2. Acceptance
    1. Any instructions received by Brittany and Josh Withers from the Couple for the provision of the Services and/or Photography Services constitutes acceptance of these Terms and Conditions.
    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. On acceptance of these Terms and Conditions by the Couple, the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions or with the written consent of Josh Withers.
  3. Services
    1. The Elopement Collective will provide the Services.
    2. In providing the Services, the Couple acknowledge and agree that Josh Withers is only required to attend at the Ceremony for a minimum of one (1) hour and a maximum of two (2) hours unless otherwise agreed in writing.
    3. Subject to clause 3.2, Josh Withers will endeavour to attend at the Ceremony at least 15 (15) minutes prior to the Ceremony Time and will leave no earlier than thirty (30) minutes following the Ceremony Time.
    4. Josh Withers 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 Josh Withers’ control. In these circumstances, the Couple forfeit all monies paid to Josh Withers.
    5. If Josh Withers is unable to perform the Ceremony in accordance with this Contract, for any reason whatsoever including due to an unforseen accident and/or injury, Josh Withers will advise the Couple as soon as practicable and make reasonable arrangements for another celebrant to perform the Ceremony.
  4. Photography/Videography Services
    1. Clause 4 applies only if the Couple have requested The Elopement Collective to provide Photography and/or Videography Services for the Ceremony. Any such request will be specifically stated in this Contract.
    2. The Elopement Collective will, at their discretion, arrange for a photographer/videographer to provide the Photography Services and/or Videography Services.
    3. Exclusivity: The Couple agree not to retain another photographer/videographer service provider for the Ceremony.
    4. Creative Direction: The Elopement Collective agrees to discuss with the Couple any particular details or requirements they may have prior to the Ceremony Date; however, the Couple agree that Josh Withers will have the final say as to the creative aspects of the Photography Services and Videography Services.
    5. Equipment: While all equipment is checked regularly and The Elopement Collective takes reasonable steps to ensure that backup equipment is available, Josh Withers is not responsible to the Couple for any photographic material that is not produced due to technical failure.
    6. Editing:
      1. The Couple agree that Josh Withers will have ninety (90) days from the Ceremony Date to edit the photographs and provide them to the Couple.
      2. The edited photographs will be provided to the Couple via a digital download, or on a Universal Serial Bus (USB) drive if that option has been chosen as part of the package or invoiced separately.
      3. The photographs will be edited to a professional standard. The Elopement Collective’s judgment regarding all matters relating to the editing of the photographic material is at the discretion of The Elopement Collective.
      4. Upon receipt of the edited photographic material, the Couple may request that The Elopement Collective undertake further editing of the material. Any such further editing will be at an additional fee payable by the Couple to The Elopement Collective at a rate of $250.00 per hour plus GST. The Elopement Collective is under no obligation to supply the further edited material to the Couple until full payment is received for such additional works.
    7. Ownership: All digital negatives and film (computer files) remain the property of Josh Withers. Under no circumstances is The Elopement Collective obligated to provide any raw photographic or video material to the Couple.
    8. Display: The Couple agree for Josh Withers and The Elopement Collective to use any photographic or video material from the Ceremony for the purpose of promoting its business for example by way of advertising, brochures, magazine articles, websites, social media etc.
    9. Copyright: Copyright in all photographic and video material from the Ceremony remains the property of The Elopement Collective. The Couple (including their friends, family and any other vendors involved in the Ceremony) must obtain the prior written consent of The Elopement Collective prior to using, publishing or selling the photographic or video material whether for profit or advertising purposes, or for any other reason. The Elopement Collective may grant consent at his sole discretion.
  5. Payment Terms
    1. Price: Subject to clause 5.2, at The Elopement Collective’s sole discretion, the Price will be as indicated on the Tax Invoice.
    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 5.5.
    3. Deposit: The Couple must pay The
      Elopement Collective the Deposit. The Deposit is immediately payable upon the Couple signing and returning the Contract to The Elopement Collective. Subject to clause 8.2, the Deposit is non refundable unless the Contract is cancelled by The Elopement Collective under clause 8.2.
    4. Secure Booking: The Services will not be secured until the Deposit is paid in full and the signed Contract is returned to The Elopement Collective.
    5. Payment of the Price: The Price (including any variations) must be paid to The Elopement Collective on the earlier of: four (4) months after the Contract is signed and returned to The Elopement Collective; or two (2) calendar months prior to the Ceremony Date specified in the Contract. If the Price is not received within the timeframe specified in clause 5.5a, The Elopement Collective may cancel the Contract by giving written notice to the Couple and retain the Deposit and all other monies paid to The Elopement Collective by the Couple. The Elopement Collective is under no obligation to provide the Services (or any part thereof) until the Price is received.
  6. Variation to the elopement details
    1. Proposed changes with notice: a. 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 The Elopement Collective of such change in writing. b. In these circumstances, The Elopement Collective must make reasonable efforts to accommodate such change. However, if the new details conflict with The Elopement Collective’s prior commitments then The Elopement Collective may cancel the Contract and retain the Deposit. c. The Elopement Collective must notify the Couple if the Contract is cancelled pursuant to this clause 6.1 within seven (7) days of receiving notice of the change to the Elopement Details. d. If the Contract is cancelled under this clause 6.1 less than six (6) months from the Ceremony Date specified in this Contract, the Couple will either: i. Forfeit the Price, if already paid; or ii. Be liable to immediately pay The Elopement Collective the Price, if not already paid.
    2. Proposed changes late notice: a. 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 The Elopement Collective of such change as soon as possible by telephone to ensure that he has sufficient time to travel to the alternative venue. b. The Elopement Collective will not be held responsible for any delays in the Ceremony Time due to such change.
  7. The Couple’s obligations and warranties
    1. The Couple agree that Josh Withers has explained to them the legal requirements for entering into a marriage.
    2. The Couple warrant to Josh Withers that: a. They fully understand the legal requirements for entering into a valid marriage; and b. They are legally able to marry each other.
    3. The Couple agree to: a. Complete and provide to Josh Withers a Notice of Intended Marriage within the timeframe required by law, one month before their Australian marriage ceremony date. b. Provide Josh Withers with all original documentation requested no less than fourteen (14) days before the Ceremony Date including any accredited translation documentation requested by Josh Withers. If the Couple fail to provide all requested documentation to Josh Withers within the specified timeframe, Josh Withers is under no obligation to provide the Services and may cancel the Contract. In these circumstances, the Couple will forfeit all monies paid to Josh Withers. c. Communicate all of their expectations to Josh Withers regarding the Ceremony no later than twenty-one (21) days before the Ceremony Date. If the Couple fail to provide any such details to Josh Withers within the specified timeframe, all decisions regarding the content of the Ceremony will be left to the sole discretion of Josh Withers.
  8. Cancellation
    1. Cancellation by the couple:The Couple can cancel the Contract at any time by giving written notice to The Elopement Collective. If the Couple cancel the Contract, the Couple will be liable to pay The Elopement Collective the price. If the Couple haves not paid the Price at the time the Contract is cancelled then the Price can be recovered from the Couple as a liquidated debt. The Couple agrees that the Couple have it has no defence to non-payment of the Price to The Elopement Collective pursuant to the Contract and that this Contract may be pleaded as a bar to any action, claim or demand brought by the Couple.
    2. Cancellation by The Elopement Collective: Josh Withers can cancel the Contract at any time by giving written notice to the Couple. If The Elopement Collective cancels the Contract, other than in accordance with clause 6.1 or 7.3.b, then all monies paid will be refunded to the Couple. The Elopement Collective will not be liable for any loss or damage, including any consequential loss or damage, arising from such cancellation.
  9. Release and indemnity:
    1. The Couple and their guests (if any) agree to follow any directions issued by The Elopement Collective on the Ceremony Date at their own risk. The Elopement Collective is not liable for any personal injury or property damage that may occur.
    2. The Couple unconditionally and irrevocably release Josh Withers from and indemnify The Elopement Collective 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 Photography Services or Videography Services or any other term of this Contract.
    3. If Josh Withers 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 The Elopement Collective will make all reasonable efforts and incur the reasonable costs for alternative travel arrangements in order to attend the Ceremony.
    4. In these circumstances, if Josh Withers is unable to attend the Ceremony, then Josh Withers 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.
  10. Warranty
    1. If the Couple are Consumers then the Services and Photography Services come with guarantees that cannot be excluded under the Australian Consumer Law. The guarantees under the Australian Consumer Law are given by The Elopement Collective.
    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 The Elopement Collective.
  11. Governing Law
    1. This Contract shall be governed by and interpreted in accordance with Queensland Law and the parties submit themselves irrevocably to the Courts of competent jurisdiction of the State of Queensland.

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 The Elopement Collective and governs each and every transaction with Josh Withers and The Elopement Collective.

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