Photography/Celebrant Package 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 Agreement and terms and conditions.
1.3. “Booking/Lodgement Fee” means $500.00 and is non refundable.
1.4. “Shell Brown” means Michelle Brown – Commonwealth Civil Marriage Celebrant – Meant For You Pty Ltd ABN 90603858813
1.5. “Marnix” means Marnix van Winkelhoff of MarnixPhotography.
1.6. “Price” means the cost of the Services as specified by Shell Brown and/or Marnix in the Tax Invoice.
1.7. “Services for Marriage Ceremony” means the services and inclusions specified in the Photography & Celebrant Package.
1.8. “Photography Services” means the services and inclusions specified in the Photography & Celebrant Package.
1.9. “Tax Invoice” means the tax invoice supplied by Shell Brown and/or Marnix to the Couple in accordance with clause 4.1.
2.1. Any instructions received by Shell Brown and/or Marnix 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 On acceptance of these Terms and Conditions by the Couple, the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions or with the written consent of Shell Brown and/or Marnix.
3.1. Shell Brown will provide the Services for the marriage in accordance with the Commonwealth Attorney General Department Code of Practice for Certified Civil Celebrants (copy available upon request).
3.2. Marnix will provide the Services for photography.
3.3. In providing the Services for the marriage, 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.
3.4. Subject to clause 3.3, 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 Ceremony Time.
3.5. Shell Brown reserves the right to leave the Ceremony thirty (30) minutes after the 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.
3.6. If Shell Brown is unable to perform the Ceremony in accordance with this Agreement, for any reason whatsoever including due to an unforeseen accident and/or injury, Shell Brown will advise the Couple as soon as practicable and make reasonable arrangements for another celebrant to perform the Ceremony.
3.7. 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 videographers on the Ceremony Date without prior request from the service provider. Permission is at the sole discretion of Shell Brown.
3.8. All details of the wedding will be agreed upon in writing one (1) month prior to the wedding day.
3.9. The Couple shall notify the Marnix of any changes to these details in writing. Marnix cannot be held liable for delays or disruption in their delivery of the Photography Service until any changes are received, and acknowledged in writing.
3.10. The Couple allows Marnix and/or Shell Brown to display any photographs covered by this contract and to generally promote etc business in advertising, brochures, magazine articles, websites, social media, sample albums, etc.
3.11. All image sizes are nominal. Marnix will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. (It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.)
In certain venues, Marnix may be restricted. The area from which Marnix is able to cover the ceremony may not be the his personal choice and the therefore cannot accept responsibility for any obstructed view should this be the case.
3.12. All images will be adjusted for exposure, brightness, contrast, sharpness, etc. It is Marnix’s sole judgement regarding these corrections and the number of images put forward to the Couple for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Couple as an option at extra cost.
3.13. The copyright Designs and Patents Acts assign the copyright of the images to Marnix. Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of the photographer/s – Marnix in writing.
3.14. In the unlikely event of Marnix not being unable to attend wedding due to unforeseen circumstances, he reserves the right to appoint another photographer to attend your wedding on his behalf to undertake the wedding photography to his/her best ability.
3.15. In the unlikely event of a total photographic failure Marnix will make all reasonable efforts to access replacement photographic equipment .
Subject to clause 4.2, at the discretion of Shell Brown and/or Marnix, the Price will be as indicated on the Tax 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 Tax Invoice.
- Payment for all variations must be made in accordance with clause 4.5.
4.3. Lodgement/Booking Fee:
- The Couple must pay Shell Brown and/or Marnix the Booking/Lodgement Fee.
- The Booking/Lodgement Fee is for the lodgement of the Notice of Intended Marriage (NOIM) form and secures both Shell Brown and Marnix for the Ceremony Date.
- The Booking/Lodgement Fee is immediately payable upon (which ever is sooner):
- lodgement of the NOIM form, or
- signing and returning the Agreement to Shell Brown and/or Marnix.
- The Booking/Lodgement Fee is non refundable unless the Agreement is cancelled by Shell Brown and/or Marnix under clause 7.2.
4.4. Secure Booking:
The Services will not be secured until the Booking/Lodgement Fee is paid in full and the signed Agreement is returned to Shell Brown and/or Marnix
4.5. Payment of the Price:
- The Price (including any variations) must be paid to Shell Brown and/or Marnix 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 and/or Marnix may cancel the Agreement by giving written notice to the Couple and retaining the Booking/Lodgement Fee and all other monies paid to Shell Brown and/or Marnix by the Couple.
- Shell Brown and/or Marnix 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 Package Price up to 200km from Safety Bay, WA to the north, from Mandurah, WA to the south and from Secret Harbour to the east.
- A fee of $100 per 100 kms will be charged for distances travelled over and above the included 200kms.
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 Agreement), then Party 1 and/or Party 2 must notify Shell Brown and/or Marnix of such change in writing.
- In these circumstances, Shell Brown and/or Marnix must make reasonable efforts to accommodate such change. However, if the new details conflict with Shell Brown and/or Marnix’s prior commitments then Shell Brown and/or Marnix may cancel the Agreement and retain the Booking/Lodgement Fee.
- Shell Brown and/or Marnix 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 and/or Marnix 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 Shell Brown and/or Marnix of such change as soon as possible by telephone to ensure that they have sufficient time to travel to the alternative venue.
- Shell Brown and/or Marnix 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 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 original documentation requested no less than one (1) month 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 within the specified timeframe, Shell Brown is under no obligation to provide the Services for a marriage ceremony and may cancel the Agreement. In these circumstances, the Couple will forfeit all monies paid to Shell Brown and/or Marnix.
- Communicate all of their expectations to Shell Brown regarding the Ceremony including accepting the ceremony script no later than one (1) month 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:
- They 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.
- They must supply two official witnesses aged 18+ who also appear 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.
7.1. Cancellation by the Couple:
- The Couple can cancel the Agreement at any time by giving written notice to Shell Brown and/or Marnix. If the Couple cancel the Agreement, for any reason whatsoever, less than six (6) months before the Ceremony Date, the Couple will be liable to pay Shell Brown and/or Marnix the Price.
- If the Couple cancel the Agreement, for any reason whatsoever, more than six (6) months before the Ceremony Date, the Couple will be liable to pay Shell Brown and/or Marnix an amount equal to 50% of the Price.
7.2. Cancellation by Shell Brown and/or Marnix:
- Shell Brown and/or Marnix can cancel the Agreement at any time by giving written notice to the Couple.
- If Shell Brown and/or Marnix cancels the Agreement, other than in accordance with clause 6.1, then all monies paid will be refunded to the Couple.
- Shell Brown and/or Marnix 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 Shell Brown and/or Marnix on the Rehearsal Date and the Ceremony Date at their own risk. Shell Brown and/or Marnix are not liable for any personal injury or property damage that may occur.
8.2. The Couple unconditionally and irrevocably release Shell Brown and/or Marnix from and indemnify Shell Brown and/or Marnix 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 for a marriage ceremony or Photography Services or any other term of this Agreement.
8.3. If Shell Brown and/or Marnix experiences any unforeseen obstacles on their 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 and/or Marnix 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 Shell Brown and/or Marnix is unable to attend the Ceremony, then they 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 Booking/Lodgement Fee, to the Couple.
9.1. 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.
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 Marnix and governs each and every transaction with Shell Brown and Marnix.