Meant For You – Marriage Celebrant TERMS AND CONDITIONS:
The Parties agree to retain the services of Shell Brown as their celebrant according to the following Terms and Conditions:
1.1. “Couple” means Party 1 and Party 2 named in the Service Agreement.
1.2. “Agreement” means this Service Agreement.
1.3. “Lodgement Fee” means $250.00
1.4. “Shell Brown” means Michelle Brown – Registered Marriage Celebrant – Meant For You Pty Ltd ABN 90603858813
1.5. “Price” means the cost of the Services as specified by Shell Brown in the Invoice.
1.6. “Services” means the services specified in the Invoice.
1.7. “Invoice” means the invoice supplied by Shell Brown to the Couple in accordance with clause 4.1.
2.1. Any instructions received by Shell Brown 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 Agreement, 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 On acceptance of these Terms and Conditions by the Couple, the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions or with the written consent of Shell Brown.
3.1. Shell Brown will provide the Services in accordance with the Commonwealth Attorney General Department Code of Practice for Certified Civil Celebrants (copy available upon request).
3.2. In providing the Services, the Couple acknowledge and agree that Shell Brown 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, Shell Brown will endeavour to attend at the Ceremony at least thirty (30) minutes prior to the Ceremony Time and will leave no earlier than twenty (20) minutes following the agreed Ceremony Time.
3.4. Shell Brown reserves the right to leave the Ceremony twenty (20) minutes after the agreed Ceremony Time stated in the Agreement if both or either of the Couple have not arrived or the Ceremony cannot proceed for any reason outside of Shell Brown’s control. In these circumstances, the Couple forfeit all monies paid to Shell Brown.
3.5. If Shell Brown is unable to perform the Ceremony in accordance with this Agreement, for any reason whatsoever including due to an unforeseen accident, illness or injury, Shell Brown will advise the Couple as soon as practicable and will make reasonable arrangements for another celebrant to perform the Ceremony. Shell Brown will provide the replacement Celebrant with a scanned copy of the NOIM, the Marriage Certificates and a copy of the ceremony as agreed upon with the Couple
Note: If a replacement Celebrant should need to be arranged, the Celebrant must sight the Couple’s ID before the ceremony can take place, it is advised that the Couple have a scanned copy of their ID – ie: passport or birth certificate + driver’s licence (photo) on their phones – just in case.
3.6. PA System:
- The Couple acknowledge that the use of Shell Brown’s PA system (if applicable according to The Service) is subject to favourable weather and/or site conditions and will not be used in any circumstance where the PA unit or allied equipment may be exposed to harm either by persons or the elements. Judgement of this is at Shell Brown’s sole discretion.
- The use of Shell Brown’s PA system will not be used by any other service provider including, but not limited to photographers and videographers on the Ceremony Date without prior request from the service provider. Permission is at the sole discretion of Shell Brown.
Subject to clause 4.2, at Shell Brown’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. Lodgement Fee:
- The Couple must pay Shell Brown the Lodgement Fee.
- The Lodgement Fee is for the lodgement of the Notice of Intended Marriage (NOIM) form and secures the Ceremony Date.
- The Lodgement Fee is immediately payable upon receiving the Invoice which will be emailed after the lodgement of the Notice of Intended Marriage form has been lodged with and accepted by Shell Brown.
- The Lodgement Fee is non refundable unless the Agreement is cancelled by Shell Brown under clause 7.2.
4.4. Secure Booking:
The Services will not be secured until the Lodgement Fee is paid in full and the signed Agreement is returned to Shell Brown.
4.5. Payment of the Price:
- The Price (including any variations) must be paid to Shell Brown four (4) weeks prior to the Ceremony Date specified in the Agreement.
- If the Price is not received within the timeframe specified in clause 4.5a, Shell Brown may cancel the Agreement by giving written notice to the Couple and retain the Lodgement Fee and all other monies paid to Shell Brown by the Couple.
- Shell Brown is under no obligation to provide the Services (or any part thereof) until the Price is received.
4.6. Travel Costs:
- The cost of all travel expenses is included in the Price up to 100kms from Geraldton, WA.
- A fee of $50 per 100 kms, or part there of, will be charged for distances travelled over and above the included 100kms.
- Where a ceremony is held in a location more than 200km outside of Geraldton, WA that would cause Shell Brown the need to drive back to Geraldton after 4pm, accommodation costs equal to that of a nearby caravan park cabin will be added – approximately $180.
VARIATION TO THE CEREMONY DETAILS
5.1. Proposed changes with notice:
- If either of the Couple propose a change to the Ceremony Details (as specified in the Agreement), then either of the Couple must notify Shell Brown of such change in writing.
- In these circumstances, Shell Brown will make reasonable efforts to accommodate such changes. However, if the new details conflict with Shell Brown’s prior commitments then Shell Brown may cancel the Agreement and retain the Lodgement Fee.
- Shell Brown must notify the Couple if the Agreement is cancelled pursuant to this clause 5.1 within seven (7) days of receiving notice of the change to the Ceremony Details.
- If the Agreement is cancelled under this clause 5.1 less than six (6) months from the Ceremony Date specified in this Agreement, the Couple will either:
- Forfeit the Price, if already paid; or
- Be liable to immediately pay Shell Brown 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 the Couple must notify Shell Brown of such change as soon as possible by telephone to ensure that there is sufficient time to travel to the alternative venue.
- If the alternative venue had been previous agreed upon, no further monies will be owed for extra travel.
- If the alternative venue is new and has not been previously agreed upon, Shell Brown has the right to add additional travel costs to be paid immediately and before the ceremony takes place.
- Shell Brown will not be held responsible for any delays in the Ceremony Time due to such a change.
THE COUPLE’S OBLIGATIONS AND WARRANTIES
6.1. The Couple agree that Shell Brown has explained to them the legal requirements for entering into a marriage.
6.2. The Couple warrant to Shell Brown 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 Shell Brown a Notice of Intended Marriage within the timeframe required by law.
- Provide Shell Brown with all documentation requested no less than fourteen (14) days before the Ceremony Date including any accredited translation documentation requested by Shell Brown.
- If the Couple fail to provide all requested documentation to Shell Brown 48 hours prior to the ceremony date, Shell Brown is under no obligation to provide the Services as listed on the Invoice and instead will offer a non legal commitment ceremony.
- A legal ceremony held at the couple’s home or other agreed location with the couple and two witnesses will be offered only after the required documentation has been sighted by Shell Brown. Additional costs will be quoted for this extra time and service.
- Communicate all of their expectations to Shell Brown regarding the Ceremony including accepting the ceremony script no later than fourteen (14) days before the Ceremony Date. If the Couple fail to do so within the specified timeframe, all decisions regarding the content of the Ceremony will be left to the sole discretion of Shell Brown.
6.4. The couple acknowledge that:
- The Couple are not to arrive at the ceremony appearing inebriated or under the influence of any mood altering substance, otherwise Shell Brown is lawfully not authorised to solemnise the marriage.
- Judgement as to whether either of the Couple are under the influence of alcohol or any other mind altering substance is at Shell Brown’s sole discretion.
- The Couple must supply two official witnesses aged 18+ who also appear free from the effects of alcohol or mind altering substances otherwise alternative witnesses must be used.|
- They will advise Shell Brown as soon as practicable if they are taking any medication that could alter their mood, personality or demeanour on the Ceremony Date.
- If it is judged by Shell Brown that either of the Couple are indeed under the influence of alcohol or a mind altering substance, a non legal commitment ceremony will be offered and a legal ceremony can be held at the couple’s home or other agreed location with the couple and two witnesses. Additional costs will be quoted for this extra time and service.
- If it is judged by Shell Brown that either/or both of the witnesses are under the influence of alcohol or a mind altering substance, another two (sober) witnesses must be supplied by the Couple.
7.1. Cancellation by the Couple:
- The Couple can cancel the Agreement at any time by giving written notice to Shell Brown.
- If the Couple cancel the Agreement, for any reason whatsoever, less than three (3) months before the Ceremony Date, the Couple will be liable to pay Shell Brown the Price.
- If the Couple cancel the Agreement, for any reason whatsoever, more than three (3) months before the Ceremony Date, Shell Brown will analyse each individual situation based upon the amount of work already completed for that Couple’s ceremony and decide if any refund is due of monies paid in addition to the non refundable lodgement fee.
7.2. Cancellation by Shell Brown:
- Shell Brown can cancel the Agreement at any time by giving written notice to the Couple.
- If Shell Brown cancels the Agreement, other than in accordance with clause 6.1, then all monies paid will be refunded to the Couple – including the Lodgement Fee.
- Shell Brown will not be liable for any loss or damage, including any consequential loss or damage, arising from such cancellation.
- In the unlikely situation where Shell Brown can not attend the ceremony because of accident, illness or injury and a replacement celebrant is arranged, a fee will be paid to the replacement celebrant by Shell Brown and no further payment will be required by the Couple.
RELEASE AND INDEMNITY
8.1. The Couple and their guests (if any) agree to follow any directions issued by Shell Brown on the Rehearsal Date and the Ceremony Date at their own risk. Shell Brown is not liable for any personal injury or property damage that may occur.
8.2. The Couple unconditionally and irrevocably release Shell Brown from and indemnify Shell Brown 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 Agreement.
8.3. If Shell Brown 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 Shell Brown will incur the reasonable costs for alternative travel arrangements in order to attend the Ceremony.
8.4. In these circumstances, if Shell Brown is unable to attend the Ceremony, then she will:
- Notify the Couple as soon as reasonably practicable;
- Make all efforts to arrange a replacement Celebrant;
- If no other Celebrant is available, and the ceremony cannot be moved to a mutually agreeable time/date, then all fees paid, including the Lodgement Fee, will be refunded to the Couple.
9.1. For the purpose of this Agreement, an “Event of Force Majeure” means any circumstance not within the reasonable control of the Couple or Shell Brown for example, but not limited to: fire, flood, epidemic, pandemic, cyclones, lightening and/or other ‘Acts of God”.
9.2. If such an event should occur on the day or the days/weeks/months leading up to the wedding date, rescheduling of the Service should be the first point of discussion between Shell Brown and the Couple.
9.3. If Shell Brown is not available on the new date, the contact details of three registered celebrants will be provided.
9.4. When all other options have been exhausted, both Shell Brown and the Couple have the right to cancel the CSA – (please refer to Cancellations 7.1. & 7.2.)
9.5. It is up to the sole discretion of Shell Brown to alter the Cancellation policy in regards to refunds, and timing in extreme circumstances as a direct result of an ‘Event of Force Majeure’.
SPECIFIC COVID-19 INFORMATION:
10.1. Shell Brown will be adhering to the WA State Health Guidelines and Mandates regarding COVID-19. Including, but not limited to: providing a QR code if the ceremony is in a location without one and encouraging the Couple and their guests to sign in; providing hand sanitiser; providing separate pens for each person signing documents; wearing a face mask and social distancing as much as possible.
10.2. If the Couple do not agree to follow the WA State Health Guidelines and Mandates regarding COVID-19, Shell Brown has the right to cancel the Agreement and withdraw all Services. In this situation it will be at Shell Brown’s sole discretion as to whether the Couple will have any of their fees refunded.
10.3. The Couple will encourage their guests to adhere to the WA State Health Guidelines and Mandates regarding COVID-19, however if guests refuse to do this, the Couple will ask those guests to leave the premises for the remainder of the ceremony. If those guests refusing to adhere to the COVID-19 rules refuse to leave the ceremony area, it will be at Shell Brown’s sole discretion as to whether the ceremony will go ahead at that time.
10.4. If Shell Brown becomes ill with COVID-19 please refer to Section 8.4.
10.5. If either of the Couple become ill with COVID-19, Shell Brown is to be notified as soon as practicable and discussions can begin regarding rescheduling the date – please refer to Section 7.1 regarding Cancellations by the Couple
11.1. This Agreement shall be governed by and interpreted in accordance with Western Australian Law and the parties submit themselves irrevocably to the Courts of competent jurisdiction of the State of Western Australia.
12.1. The Couple agree that they have received, read and understood the Terms and Conditions contained in this Agreement and that the Terms and Conditions form part of the Agreement with Shell Brown and governs each and every transaction with Shell Brown.
13.1. The Couple give their permission for Shell Brown to use her own photos and photos procured from the Couple and/or the wedding photographer of the wedding ceremony for marketing purposes. This includes, but is not limited to, website, social media and printed material.