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 a non refundable amount of $250.00 for lodging the Notice of Intended Marriage form and also securing your date.
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 On acceptance of these Terms and Conditions by the Couple, the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions or with the written consent of Shell Brown.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 acknowledges and agrees that Shell Brown is only required to attend the Ceremony for a minimum of thirty (30) minutes and a maximum of one (1) hour unless otherwise agreed in writing.
3.3. Subject to clause 3.2, Shell Brown will endeavour to attend the Ceremony at least fifteen (15) minutes prior to the 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 forfeits 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 (if possible) 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. Shell Brown will also arrange payment to the replacement celebrant at no further costs to 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. If Shell Brown has not taken a physical copy of the Couple’s ID to share with the replacement celebrant, 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:
- A PA system will not be provided.
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 retaining 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 20kms from Geraldton, WA.
- A fee of $50 per 100 kms, or part thereof, will be charged for distances travelled over and above the included 20kms.
VARIATION TO THE CEREMONY DETAILS
5.1. Proposed changes with notice:
- If either of the Couple proposes 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 three (3) months before the Ceremony Date specified in this Agreement, the Couple will either:
- Forfeit the Price, if 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 previously 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 agrees 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 agrees 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 fails 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.
- Communicate all of their expectations to Shell Brown regarding the Ceremony no later than fourteen (14) days before the Ceremony Date. If the Couple fails 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 acknowledges that:
- The Couple is not to arrive at the ceremony appearing inebriated or under the influence of any mood/mind altering substance, otherwise, Shell Brown is lawfully not authorised to solemnise the marriage.
- Judgement as to whether either of the Couple is under the influence of alcohol or any other mood/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/mood altering substances otherwise alternative witnesses must be used.
- The couple 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 is indeed under the influence of alcohol or a mood/mind altering substance, the ceremony will be postponed. Additional costs will be quoted for this extra time.
- If it is judged by Shell Brown that either/or both of the witnesses are under the influence of alcohol or a mood/mind altering substance, another two (sober) witnesses must be supplied by the Couple. If this is not possible at the time, the ceremony will be postponed. Additional costs will be quoted for this extra time.
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 cancels the Agreement, for any reason whatsoever, less than six (6) weeks before the Ceremony Date, the Couple will be liable to pay Shell Brown the Price.
- If the Couple cancels the Agreement, for any reason whatsoever, more than six (6) weeks 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 unconditionally and irrevocably releases Shell Brown from, and indemnifies 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.
8.2. If Shell Brown experiences any unforeseen obstacles on her way to the Ceremony including by way of example only (and not limited to) traffic jams, mechanical problems, car accidents, cancelled flights 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.
10.2. If the Couple does 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. If Shell Brown becomes ill with COVID-19 please refer to Section 8.4.
10.4. 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. The Couple agrees 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.
12.1. The Couple gives their permission for Shell Brown to use her own photos and photos procured from the Couple and/or photographer for marketing purposes. This includes, but is not limited to, website, social media and printed material.