Terms And Conditions

12The Parties agree to retain the services of Genene Deakin as their celebrant according to the following Terms and Conditions:

DEFINITIONS

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 the price plus travel costs (if applicable).

1.5. “Invoice” means official sales invoice document outlining costs of services to the Couple in accordance with clause 4.1.

1.6. “Genene Deakin” means Marry Me Pty Ltd ABN 84 619 539 696

1.7. “Price” means the cost of the Services as specified by Genene Deakin on the Invoice.

1.8. “Services” means the services specified on the Invoice.

ACCEPTANCE

2.1. Any instructions received by Genene Deakin 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 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 On acceptance of these Terms and Conditions by the Couple, the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions or with the written consent of Genene Deakin.

SERVICES

3.1. Genene Deakin will provide the Services.

3.2. In providing the Services, the Couple acknowledge and agree that Genene Deakin 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.

3.3. Subject to clause 3.2, Genene Deakin will endeavour to attend at the Ceremony at least thirty (30) minutes prior to the Ceremony Time and will leave no earlier than thirty (30) minutes following the Ceremony Time.

3.4. Genene Deakin 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 Genene Deakin’s control. In these circumstances, the Couple forfeit all monies paid to Genene Deakin.

3.5. If Genene Deakin is unable to perform the Ceremony in accordance with this Contract, for any reason whatsoever including due to an unforeseen accident and/or injury, Genene Deakin will advise the Couple as soon as practicable and make reasonable arrangements for another celebrant to perform the Ceremony.

PAYMENT TERMS

4.1. Price:

Subject to clause 4.2, at Genene Deakin’s sole discretion, the Price will be as 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. Deposit:

  • The Couple must pay Genene Deakin the Deposit.
  • The Deposit is immediately payable upon the Couple signing and returning the Contract to Genene Deakin.
  • The Deposit is non-refundable unless the Contract is cancelled by Genene Deakin under clause 7.2.

4.4. Secure Booking:

The Services will not be secured until the Deposit is paid in full and the signed Contract is returned to Genene Deakin.

4.5. Payment of the Price:

  • The Price (including any variations) must be paid to Genene Deakin on the earlier of:
  • Four (4) months after the Contract is signed and returned to Genene Deakin; or
  • Twelve (12) weeks prior to the Ceremony Date specified in the Contract.
  • If the Price is not received within the timeframe specified in clause 4.5a, Genene Deakin may cancel the Contract by giving written notice to the Couple and retain the Deposit and all other monies paid to Genene Deakin by the Couple.
  • Genene Deakin 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 Genene Deakin of such change in writing.
  • In these circumstances, Genene Deakin must make reasonable efforts to accommodate such change. However, if the new details conflict with Genene Deakin’s prior commitments then Genene Deakin may cancel the Contract and retain the Deposit.
  • Genene Deakin 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 Genene Deakin 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 Genene Deakin of such change as soon as possible by telephone to ensure that she has sufficient time to travel to the alternative venue.
  • Genene Deakin 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 Genene Deakin has explained to them the legal requirements for entering into a marriage.

6.2. The Couple warrant to Genene Deakin 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 Genene Deakin a Notice of Intended Marriage within the timeframe required by law.
  • Provide Genene Deakin with all original documentation requested no less than fourteen (14) days before the Ceremony Date including any accredited translation documentation requested by Genene Deakin. If the Couple fail to provide all requested documentation to Genene Deakin within the specified timeframe, Genene Deakin is under no obligation to provide the Services and may cancel the Contract. In these circumstances, the Couple will forfeit all monies paid to Genene Deakin.
  • Communicate all of their expectations to Genene Deakin regarding the Ceremony no later than twenty-one (21) days before the Ceremony Date. If the Couple fail to provide any such details to Genene Deakin within the specified timeframe, all decisions regarding the content of the Ceremony will be left to the sole discretion of Genene Deakin.

CANCELLATION

7.1. Cancellation by the Couple:

  1. The Couple can cancel the Contract at any time by giving written notice to Genene Deakin.
  2. 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 Genene Deakin the Price.
  3. 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 Genene Deakin an amount equal to 50% of the Price.

7.2. Cancellation by Genene Deakin:

  1. Genene Deakin can cancel the Contract at any time by giving written notice to the Couple.
  2. If Genene Deakin cancels the Contract, other than in accordance with clause 6.1, then all monies paid will be refunded to the Couple.
  3. Genene Deakin 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 Genene Deakin on the Ceremony Date at their own risk. Genene Deakin is not liable for any personal injury or property damage that may occur.

8.2. The Couple unconditionally and irrevocably release Genene Deakin from and indemnify Genene Deakin 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 Genene Deakin experiences any unforeseen obstacles on her way to the Ceremony including by way of example only (and not limited to) traffic jam, mechanical problems, car accident, cancelled flight etc. then Genene Deakin 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 Genene Deakin is unable to attend the Ceremony, then Genene Deakin will:

  1. Notify the Couple as soon as reasonably practicable;
  2. Not be liable for any loss or damage, including any consequential loss of damage; and
  3. Refund the Price, less the Deposit, to the Couple.

WARRANTY

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 Genene Deakin.

9.2. No other guarantees or warranties apply to the Services unless a further and additional warranty is provided, in writing, to the Couple by Genene Deakin.

GOVERNING LAW

10.1. 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.

ACCEPTANCE:

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 Genene Deakin and governs each and every transaction with Genene Deakin.

 

Last Updated: 08, October 2019