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CEREMONY AGREEMENT
THIS CEREMONY AGREEMENT (THE “AGREEMENT”) IS MADE BETWEEN NUPTIALS BY BRENDA AND THE CLIENTS IDENTIFIED ABOVE (“CLIENTS”) (COLLECTIVELY “PARTIES”) WITH RESPECT TO CLIENTS’ WEDDING OR COMMITMENT CEREMONY SCHEDULED AS DETAILED ABOVE (“THE CEREMONY”). AN EMAIL WILL BE SENT TO YOU WITH THE DETAILS OF THE BOOKING DATE, ALONG WITH ALL THE SPECIFICS FOR YOUR EVENT. ONCE FEES/ DEPOSIT IS PAID YOU AGREE TO THE TERMS AND CONDITIONS LISTED HERE.
REFERRAL AND EVENT PLANNING SERVICES
THE COMPANY ASSIGNS CLIENTS TO AN OFFICIANT (“OFFICIANT”) TO PERFORM CERTAIN EVENT PLANNING SERVICES FOR CLIENTS’ CEREMONY AT THE PRE-DETERMINED TIME AND LOCATION IN THE ABOVE-DESCRIBED MANNER.
PAYMENT
FOR BOOKING CLIENTS TO AN OFFICIANT, A NON-REFUNDABLE BOOKING FEE OF SEVENTY-FIVE DOLLARS ($75.00) IS DUE FROM THE CLIENTS TO COMPANY AT TIME OF BOOKING. NO DATES OR TIME WILL BE HELD UNTIL THE REFERRAL FEE IS PAID IN FULL. FOR ALL OTHER AMOUNTS DUE FROM CLIENTS TO THE COMPANY AND/OR OFFICIANT AS AGREED UPON AT TIME OF BOOKING, THE BALANCE ON SUCH AMOUNTS SHALL BE PAID TO THE COMPANY AND/OR OFFICIANT 30 DAYS PRIOR TO THEBOOKING DATE, IF KISS N GO FEE WILL BE DUE AT BEGINNING OF THE CEREMONY. THE OFFICIANT SHALL NOT BE REQUIRED TO BEGIN THE CEREMONY UNLESS PAID IN FULL. IF PAYING WITH CREDIT CARD OR PAYPAL A SET PROCESSING FEE WILL BE ADDED TO THE TOTAL AMOUNT. ALL PRICES LISTED ON THE WEBSITE ARE THE DISCOUNTED CASH PRICES. FEES PAID BY CREDIT CARD, VENMO, SQUARE, CASH APP, PAYPAL OR ANY OTHER PROCESSERS WILL INCUR THE SET FEE, FROM $3-$10.
RESCHEDULING
IF CLIENTS WANT OR NEED TO CHANGE THE DATE OF THE CEREMONY, THE NON-REFUNDABLE REFERRAL FEE WILL BE TRANSFERABLE TO ANOTHER AVAILABLE DATE IF CLIENTS NOTIFY THE COMPANY IN WRITING VIA EMAIL.
TO RESCHEDULE THE DATE, TIME, OR LOCATION OF THE CEREMONY, CLIENTS MUST CONTACT COMPANY VIA EMAIL AT NUPTIALSBYBRENDA@GMAIL.COM AT LEAST FOURTEEN (14) DAYS PRIOR TO THE ORIGINAL CEREMONY DATE TO REQUEST THE CHANGE. DEPENDING ON AVAILABILITY, THE COMPANY WILL WORK TO ACCOMMODATE CLIENTS’ REQUESTS. TO CONFIRM A RESCHEDULE, ANY REMAINING BALANCE MUST BE PAID IN FULL 30 DAYS PRIOR TO BOOKING DATE. ALL RESCHEDULES MUST BE CONFIRMED IN WRITING. YOU CAN CHANGE THE DATE AND TIME ONE TIME FREE OF CHARGE. ANY ADDITIONAL CHANGES WILL INCUR A $50 CHANGE FEE PAYABLE TO THE OFFICIANT. THE CEREMONY DATE MAY ONLY BE CHANGED TO AN AVAILABLE DATE WITHIN ONE (1) YEAR FROM THE DATE OF BOOKING
NOTE: YOUR ORIGINAL OFFICIANTS AVAILABILITY IS NOT GUARANTEED WITH ANY DATE AND TIME CHANGE.
PLEASE CHECK WITH THE OFFICE ON AVAILABILITY
RECONFIRMATION
IT IS REQUIRED THAT CLIENTS MAKE PHONE AND/OR EMAIL CONTACT DIRECTLY WITH THE OFFICIANT NO LATER THAN TWO (2) WEEKS PRIOR TO THE CEREMONY TO CONFIRM START TIMES AND CONTENT OF THE CEREMONY. (APPLICABLE TO ANY CEREMONY BOOKED MORE THAN ONE WEEK OUT).
SCHEDULE AND ADDITIONAL CHARGES
BY ACKNOWLEDGING THIS AGREEMENT AND BOOKING, CLIENTS AGREE THE CEREMONY SHALL BEGIN AT THE SPECIFIED TIME. IT IS IMPERATIVE THAT THE OFFICIANT IS ABLE TO BEGIN THE CEREMONY AT THE SCHEDULED TIME IN ORDER TO STAY ON SCHEDULE FOR OTHER SCHEDULED CEREMONIES AND EVENTS. CLIENTS UNDERSTAND THEY MAY BE CHARGED TWENTY-FIVE DOLLARS ($25.00) PER EVERY FIFTEEN (15) MINUTES THE OFFICIANT HAS TO WAIT TO START THE CEREMONY PAST THE SCHEDULED TIME. THE OFFICIANT SHALL NOT BE REQUIRED TO STAY LONGER THAN THIRTY (30) MINUTES PAST THE SCHEDULED START TIME. IT IS ENTIRELY WITHIN THE OFFICIANT’S DISCRETION WHETHER TO STAY LONGER THAN THIRTY (30) MINUTES PAST THE SCHEDULED START TIME IF THE CEREMONY HAS NOT BEGUN. IF CLIENTS HAVE GIVEN THEIR GUESTS AN “INVITATION TIME” BUT INTEND TO START THE CEREMONY LATER THAN THE INVITATION TIME, THIS MUST BE DISCUSSED PRIOR TO BOOKING. THE SCHEDULE AND LOCATION CHANGES MADE AFTER BOOKING MAY RESULT IN ADDITIONAL CHARGES FOR TIME (AT $25.00 PER 15 MINUTES) AND TRAVEL EXPENSES, AS SPECIFIED ABOVE.
CANCELLATION
IF CLIENTS CANCEL THE CEREMONY AFTER PAYING THE BOOKING FEE, WRITTEN NOTICE OF CANCELLATION VIA EMAIL AT NUPTIALSBYBRENDA@GMAIL.COM MUST BE GIVEN TO THE COMPANY AT LEAST FOURTEEN (14) DAYS PRIOR TO THE ORIGINAL CEREMONY DATE. UNDER NO CIRCUMSTANCES WILL THE FEES BE REFUNDED. IF WRITTEN NOTICE OF CANCELLATION IS PROVIDED FROM CLIENTS TO COMPANY AT LEAST FOURTEEN (14) DAYS PRIOR TO THE ORIGINAL CEREMONY DATE AND CLIENTS HAVE ALREADY PAID IN FULL, THE BALANCE OF THE FEES PAID AFTER DEDUCTION OF THE NON-REFUNDABLE REFERRAL FEE WILL BE RETURNED TO CLIENTS (DEPOSIT AND PACKAGE FOR SCRIPT MATERIALS). IF NOTICE IS PROVIDED LESS THAN FOURTEEN (14) DAYS PRIOR TO THE SCHEDULED CEREMONY DATE, CLIENTS SHALL BE RESPONSIBLE FOR FULL PAYMENT AND NO AMOUNTS WILL BE RETURNED TO CLIENTS. AN OFFICIANT HAS AGREED TO DO YOUR CEREMONY IS CONTRACTED FOR YOUR DATE AND TIME. NO OTHER BOOKING WILL BE TAKEN AND THE OFFICIANT IS LOCKED IN TO PROVIDE YOUR SERVICE. THEREFORE, LOSING OUT ON ANOTHER BOOKING THAT MAY HAVE BEEN TAKEN BY THE OFFICIANT AND OR COMPANY.
IF CLIENTS CANCELS FOR ANY REASON, SUCH AS FOUND A FRIEND OR ANOTHER OFFICIANT AFTER RECEIVING CEREMONY OPTIONS PACKAGE, THEN YOU HAVE CHOSEN TO FORFEIT YOUR FEES AND UNDERSTAND THAT WE WILL NOT REFUND ANY MONIES PAID. PLEASE UNDERSTAND THAT YOUR DATE AND TIME COULD HAVE BEEN BOOKED BY ANOTHER COUPLE AND THEREFORE YOU AGREE THAT YOU ARE ACCOUNTABLE FOR FEES AGREED UPON AT THE TIME OF BOOKING. YOU ALSO RECEIVED A CEREMONY PACKAGE THAT WAS PUT TOGETHER BY NUPTIALS BY BRENDA AND THOSE MATERIALS COME AT A COST. I HAVE SPENT YEARS PUTTING TOGETHER MY MATERIALS; THEREFORE IT IS UNKNOWN TO ME AND NUPTIALS BY BRENDA IF YOU ARE USING OUR MATERIALS FOR YOUR CEREMONY.
IN THE UNLIKELY EVENT THE COMPANY OR OFFICIANT MUST CANCEL, AND CANNOT PROVIDE OTHER AVAILABLE OPTIONS, ALL AMOUNTS PAID BY CLIENTS UNDER THIS AGREEMENT SHALL BE RETURNED TO CLIENTS.
ALL CANCELLATIONS MUST BE PROVIDED AND CONFIRMED IN WRITING (EMAIL IS ACCEPTABLE). VERBAL CANCELLATIONS AND TEXT WILL NOT BE ACCEPTED OR HONORED.
MARRAGE LICENSE
A VALID MARRIAGE LICENSE IS REQUIRED TO BE LEGALLY MARRIED. IF THE COUPLE DOES NOT HAVE A VALID MARRIAGE LICENSE PRESENT, WE WILL STILL PERFORM A WEDDING CEREMONY, HOWEVER WE WILL NEED TO SCHEDULE A NEW DATE AND TIME WITH YOU AND 2 WITNESSES TO COMPLETE THE MARRIAGE LICENSE. AS THIS IS A SEPARATE TRIP A $25 FEE WILL BE CHARGED. VOW RENERALS AND COMMITMENT CEREMONIES ARE EXEMPT. THE MARRIAGE LICENSE MUST BE PRESENTED TO THE OFFICIANT BEFORE THE CEREMONY BEGINS, ALONG WITH I.D FROM YOUR 2 WITNESSES TO VERIFY AGE.
SAFETY
CLIENTS ARE RESPONSIBLE FOR ENSURING A SAFE ENVIRONMENT AT THE CEREMONY, INCLUDING, BUT NOT LIMITED TO RESTRAINING ALL PETS FROM THE CEREMONY AREA, PREVENTING DRUNKEN AND UNRULY BRIDAL PARTY MEMBERS, ETC. IF AT ANY TIME THE OFFICIANT OR NOTARY FEELS UNSAFE OR THREATENED IN ANY MANNER, THEY SHALL HAVE NO OBLIGATION TO REMAIN AT THE CEREMONY LOCATION, REGARDLESS OF WHETHER THEIR SERVICES HAVE BEEN RENDERED. CLIENTS AGREE AND UNDERSTAND THAT THEY WILL BE RESPONSIBLE FOR PAYMENT IN FULL OF ANY FEES DUE UNDER SUCH CIRCUMSTANCES, REGARDLESS OF WHETHER THE SERVICES HAVE BEEN RENDERED.
VENUE RESTRICTIONS
COMPANY AND/OR OFFICIANT ARE NOT RESPONSIBLE FOR DEALING WITH ANY VENUE RESTRICTIONS, INCLUDING BUT NOT LIMITED TO, RESTRICTIONS ON OPEN FLAMES, SAND, RICE OR OTHER TOSS ITEMS, AND DECORATIONS SUCH AS ROSE PETALS AND OTHER FLORAL AND NON-FLORAL DÉCOR, AND COMPANY AND/OR OFFICIANT ARE NOT RESPONSIBLE FOR ANY ADVERSE IMPACT ON THE CEREMONY AS A RESULT OF SUCH RESTRICTIONS. PLEASE CONTACT VENUE TO BE ADVISED ON ANY SUCH RESTRICTIONS.
SOUND
THE COMPANY AND/OR OFFICIANT ARE NOT RESPONSIBLE FOR ANY SOUND OR MUSIC SERVICES AT OFF-SITE CEREMONY LOCATIONS, INCLUDING AMPLIFICATION FOR THE OFFICIANT, CLIENTS, READERS AND/OR MUSICIANS. CLIENTS MUST ARRANGE SEPARATELY FOR ANY SUCH SOUND SERVICES WITH THE VENUE OR A THIRD-PARTY COMPANY. IN THE EVENT CLIENTS USE THE SOUND EQUIPMENT PROVIDED BY SELECTED OFFICIANT CLIENTS UNDERSTAND OFFICIANTS ARE NOT PROFESSIONAL DJS OR SOUND ENGINEERS AND THE EQUIPMENT IS NOT A SUBSTITUTE FOR PROFESSIONAL SOUND EQUIPMENT. THE EQUIPMENT IS NONPROFESSIONAL GRADE AND ONLY PROVIDED TO ADD SOUND AND MUSIC TO THE CEREMONY.
GRATUITY
GRATUITY FOR OFFICIANTS IS OPTIONAL AND LEFT TO CLIENTS’ DISCRETION. BUT IT SURE IS A NICE THING TO DO “IF THEY ROCKED IT”.
LIMITATION OF LIABILITY
CLIENTS AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY THE LAW, THE COMPANY’S LIABILITY FOR ANY CLAIM, BREACH, OR DAMAGE BY REASON OF ANY ACT OR OMISSION ARISING OUT OF OR RELATED TO THIS AGREEMENT, SHALL BE LIMITED TO REPAYMENT OF SUMS PAID BY CLIENTS ONLY. CLIENTS AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY CLAIMS FOR EMOTIONAL DISTRESS, MENTAL ANGUISH, CONSEQUENTIAL DAMAGES, LOST PROFIT, LOSS OF ENJOYMENT, LOST REVENUES, REPLACEMENT COSTS, COMPENSATORY DAMAGES AND/OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE AND/OR ARISING FROM ANY NEGLIGENT ACT OR OMISSION ON THE PART OF ANY PERSON.
INDEMNITY
CLIENTS AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, OFFICERS, DIRECTORS, MEMBERS AND/OR MANAGERS FOR ANY INJURY, PROPERTY DAMAGE, LIABILITY, CLAIM OR OTHER CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ACTIONS OF CLIENTS OR CLIENTS’ GUESTS.
FORCE MAJEURE
NO PARTY TO THIS AGREEMENT SHALL BE LIABLE FOR ANY DAMAGES OR HAVE THE RIGHT TO TERMINATE THIS AGREEMENT FOR ANY DELAY OR DEFAULT IN PERFORMING HEREUNDER IF SUCH DELAY OR DEFAULT IS CAUSED BY CONDITIONS BEYOND ITS CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD (SUCH AS NATURAL DISASTERS), FIRE, GOVERNMENT RESTRICTIONS (INCLUDING THE DENIAL OR CANCELLATION OF ANY EXPORT OR OTHER NECESSARY LICENSE), WARS, INSURRECTIONS AND/OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF THE PARTY WHOSE PERFORMANCE IS AFFECTED.
IMAGE RELEASE
CLIENTS AUTHORIZE THE COMPANY TO USE ANY IMAGES AND STORIES FROM THE CEREMONY FOR ANY MEANS OF PROMOTION OF COMPANY, INCLUDING ADVERTISING AND DISPLAY ON WEBSITES OR BLOGS, SOCIAL MEDIA UNLESS OTHERWISE STATED BY CLIENT. CLIENTS WAIVE ANY RIGHT TO PAYMENT, ROYALTIES OR ANY OTHER CONSIDERATION FOR THE USE OF THE IMAGES OR STORIES.
DISPUTE RESOLUTION
ANY DISPUTE ARISING UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT IN EXCESS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00) (OR THE THEN-APPLICABLE CALIFORNIA SMALL CLAIMS COURT MAXIMUM) SHALL BE SUBMITTED TO BINDING ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE ASSOCIATION’S COMMERCIAL RULES THEN IN EFFECT, FOLLOWING THE UNSUCCESSFUL RESOLUTION OF THE DISPUTE OR CLAIM BY MEDIATION. THE PARTIES SHALL SELECT A SINGLE ARBITRATOR, AND THE ARBITRATION SHALL TAKE PLACE IN PIMA COUNTY, ARIZONA. THE ARBITRATOR’S DECISION SHALL BE BINDING ON THE PARTIES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. ANY PARTY PREVAILING IN ANY ARBITRATION TO ENFORCE OR INTERPRET THE TERMS OF THIS AGREEMENT OR REGARDING A BREACH OF THIS AGREEMENT, OR ANY OTHER DISPUTE BETWEEN THE PARTIES, SHALL BE ENTITLED TO RECEIVE REASONABLE ATTORNEYS’ FEES, IN ADDITION TO ALL OTHER RELIEF TO WHICH SUCH PARTY MAY BE ENTITLED.
ENTIRE AGREEMENT
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PRIOR AGREEMENTS WHETHER ORAL OR WRITTEN CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT.
GOVERNING LAW
THE VALIDITY, CONSTRUCTION AND ENFORCEABILITY OF THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF ARIZONA. BY COMPLETING PAYMENT OF A BOOKING FEE / DEPOSIT AND/OR BY SIGNING THIS AGREEMENT ELECTRONICALLY, CLIENTS EXPRESSLY ACKNOWLEDGE THEY UNDERSTAND THE TERMS AND CONDITIONS HEREIN AND AGREE TO BE BOUND BY ALL SUCH TERMS AND CONDITIONS.
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