TERMS AND CONDITIONS
CELEBRANT SERVICES AGREEMENT
BOOKING TERMS AND CONDITIONS
1. The Celebrant agrees to:
Effective 1 January 2020
- Provide services as an Authorised Marriage Celebrant to the parties in accordance with the Marriage Act 1961, the Marriage Regulations 2017, and the Code of Practice for Certified Marriage Celebrants; and
- Attend and conduct the Marriage Ceremony at the agreed time, date and place in accordance with the agreed ceremony script.
2. The Celebrant’s professional fees and incidentals including travel have been quoted to me at time of enquiry. The Celebrant’s fee is payable to account details given at time of quote:
- A Non-Refundable Booking Fee of $500 (Booking Fee) payable by direct deposit to Celebrant’s nominated bank account no later than 14 days after receiving the booking confirmation (unless an alternative arrangement has been made); and
- the balance of the Celebrant’s fee (Balance) payable by direct deposit to Celebrant’s nominated bank account, by cash or by credit card no later than 30 days prior to the wedding day.
- The Parties acknowledge that payment by credit card will be incurred as charged by the payment provider, Stripe.
- If the Celebrant’s fees are not paid prior to the Marriage Ceremony in accordance with clause 2 above the Celebrant will charge interest on the unpaid amount at 6.25% per annum.
- The Celebrant reserves the right to not conduct the Marriage Ceremony if the Parties have not made full payment to the Celebrant in accordance with clause 2 of these terms.
Accommodation and travel.
- Subject to clause 7 below, travel is included in the Celebrant’s fee.
- The Celebrant will charge the following for costs incurred for travel, if travel is needed:
a. air travel costs as agreed with you in advance, b. any tolls and parking fees incurred for attending your Marriage Ceremony at cost, and c. accommodation costs at cost as agreed with you in advance if any overnight stay is required.
- The Parties must give the Notice of Intended Marriage to the Celebrant no later than one month before the proposed wedding date (Lodgement). The Parties acknowledge that the Notice is valid for 18 months from the date of Lodgement with the Celebrant.
- The Parties must provide all other original documentation requested by the Celebrant to the Celebrant no later than 48 hours prior to the Marriage Ceremony, including any accredited translation documentation requested by the Celebrant.
If the Parties fail to provide all documentation requested to the Celebrant, the Celebrant will not conduct the Marriage Ceremony.
Change of time, date or place of the Marriage Ceremony
The Celebrant must be advised in writing of any change to the time, date or place of the Marriage Ceremony as soon as practicable. Subject to clause 13 below, the Celebrant reserves the right to terminate this Agreement and retain the Booking Fee should she be unable to conduct the Marriage Ceremony due to the change.
If the ceremony is to be changed to the alternative venue due to inclement weather, then one of the Parties is to inform the Celebrant personally by telephone or SMS message by a time nominated previously by the Celebrant to ensure the Celebrant has sufficient time to travel to the alternative venue.
- Notice of cancellation of ceremony may be given by the Parties to the Celebrant in writing. If notice of cancellation is received in writing:
1. at least 120 days before the Marriage Ceremony, the Celebrant will refund the Booking Fee in full, if she is able to book another wedding on that date. If not the booking fee will be kept as date has been reserved for couple. Also covers meetings, paperwork, lodgement and legal paperwork costings; prior.
2. between 90 and 40 days in advance of the Marriage Ceremony, the Celebrant will retain the Booking Fee and require payment of 50% the Balance in full in lieu of loss of earnings and time taken to prepare the legal and other requirements for the Marriage Ceremony; or
3. if less than 40 days notice is given, the Celebrant will retain the Booking Fee in full and require full payment of the Balance by the Parties in lieu of loss of earnings and time taken to prepare the legal and other requirements for the Marriage Ceremony and registration of the marriage.
- The Celebrant reserves the right to leave the place of the Marriage Ceremony 60 minutes after the agreed start time if both parties have not arrived or the Marriage Ceremony cannot proceed for any reason outside the Celebrant’s control. The Parties will liaise with the Celebrant to mutually agree on a later time and place for the Celebrant to solemnise the marriage. An additional fee of $100 is payable in these circumstances.
- If the Marriage Ceremony is delayed through no fault of the Celebrant which results in the Celebrant incurring extra charges such as parking fees, the Parties will pay the Celebrant’s further costs.
Cancellation if Celebrant unable to conduct the Marriage Ceremony.
- If the Celebrant is unable to conduct the ceremony for any reason, the Celebrant will advise the Parties as soon as practicable and all reasonable efforts will be made by the Celebrant to arrange for the Marriage Ceremony to be completed by another Authorised Marriage Celebrant (Replacement Celebrant).
- If she is unable to perform the marriage ceremony the Celebrant will:
a. retain the Booking Fee;
b. refund the balance of fees paid by the Parties; and
c. pass the Notice of Intended Marriage to the Replacement Celebrant, in a timely and appropriate manner.
- Neither the Celebrant nor the Parties shall be considered in breach of this Agreement to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an Event of Force Majeure that arises after payment of the Booking Fee.
- An Event of Force Majeure means an event beyond the control of the Celebrant and the Parties, which prevents a Party from complying with any of its obligations under this Agreement, including but not limited to:
1. act of god (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
2. war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
3. rebellion, revolution, insurrection, or military or usurped power, or civil war;
4. contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
5. riot, commotion, strikes, go slows, lock outs or disorder;
6. acts of government; or
7. acts or threats of terrorism.
Intoxication and Medications
- The Celebrant will not solemnise the marriage at the agreed time if either of the Parties appear to be under the influence of alcohol or any other substance. The Celebrant will decide at her sole and absolute discretion whether either of the Parties is under the influence of alcohol or any other substance.
- The Celebrant must be advised as soon as practicable if either of the parties is taking prescribed medication which may change their demeanour on their wedding day.
- The Parties agree to appoint two official witnesses who must be present at the Marriage Ceremony. The witnesses must be or appear to be aged 18 or over and appear sober. If either witness appears to the Celebrant to be intoxicated or otherwise unable to perform their official duties, the Celebrant may absolute discretion, in consultation with you.
- The Celebrant will use her best endeavours to ensure that the Parties, their witnesses, and their guests, can hear the Marriage Ceremony, and to that end the Celebrant will provide audio amplification equipment where appropriate.
- The use of the Celebrant’s audio amplification system is subject to favourable weather conditions and will not be used in any circumstances where the system may be exposed to harm, either by persons or the elements. Use of the system at the Celebrant’s sole discretion.
Where the Celebrant’s audio amplification system is used, the Celebrant undertakes to use her best endeavours to ensure that the system is tested and operational prior to the Marriage Ceremony.
Acknowledgement by the Parties
- The Parties acknowledge that the Celebrant has explained the legal requirements for entering into a marriage under Australian law.
- The Parties acknowledge that the penalty for making a false declaration under the Marriage Act 1961 is four (4) year’s imprisonment.
- The Parties acknowledge that the Celebrant will work with the Parties’ official photographer and other professional services as arranged by the Parties to ensure the smooth running of the ceremony.
- The Parties further acknowledge that the Celebrant is responsible for the ceremony and will arrange placement of the bridal party and herself in line with the Parties wishes and in such a way that allows the guests to see the ceremony without having their view blocked by the photographer.
- The Parties acknowledge that the provisions of the Copyright Act 1968 apply to the Celebrant’s original literary work (as defined in that Act), including the agreed ceremony script.
- The Parties acknowledge that the Celebrant must comply at all times with all State and local government laws and regulations relating to the Celebrant’s services under these Terms and Conditions.
The Parties agree to comply with their obligations as requested by the Celebrant and set out in these Terms.
The terms of this Agreement are confirmed upon payment of the Booking Fee by the Parties, as per shown on celebrants website.