Terms & Conditions: For the record, I love you – Eddie Lemos Couto

TERMS AND CONDITIONS

Thank you for choosing For the Record, I love you Elopement Package, comprised of Eddie Lemos Couto – Marriage Celebrant “The Celebrant” (ABN 92 976 167 208), Kat Wray of Red Eclectic “The Photographer” (ABN 62 928 918 326) AND Mariah from Love on Film “The Videographer” (ABN 955 795 887 91) (hereafter “me”, “I”, “myself”, “we”, “us”) for your special day, hereafter “the Event”.

This is an Agreement under which you (hereafter ‘you’ or ‘your’) agree to use the Services (‘the Terms’) supplied by me.

Please read these Terms carefully before booking with us or using our Services. The Terms below are important because they set out the rights and obligations of you, when using our Services (‘Your Booking’).

Your Booking is confirmed once you have executed these Terms. However, where you fail to accept the Terms but proceed to use our Services (or pay the booking fee), you confirm your agreement to be bound by these Terms. This agreement expressly supersedes prior agreements or arrangements with you.

Scope of Services

We provide professional celebrancy, digital photography and Super 8 videography services outlined in the Terms and as detailed in your Invoice (‘the Services’);
We also may provide a number of additional services which may be provided to you upon request at an additional cost (hereafter, the Additional Services’). Where it is agreed that these Additional Services are provided to you, this will be confirmed by way of email.
The scope of Services will be outlined in the Booking Details, which will outline the particular aspects of your booking, such as the time, date and location of your ceremony. Any variations to the aspects of your booking must be mutually agreed in writing.
We agree to conduct a marriage ceremony at the agreed time, date and place, in accordance with the Marriage Act 1961 (Cth), the Code of Practice for Marriage Celebrants and any other rules and regulations relating to the provision of celebrancy services.
You acknowledge that you have entered into an agreement with us so that I can perform the Services not only on the day of your ceremony but the Services prior and after.

Booking Fee

You must pay a Booking Fee which is non-refundable. The Booking Fee required to be paid is $500.
By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable. The purpose of the Booking Fee is to not only secure our Services, but to pay for work performed upon you making that Booking.
Again, the Booking Fee is non-refundable and has been set as liquidated damages as a genuine estimate of loss suffered if you cancel us and the associated Services, regardless of whether we are able to re-book any event in its place.

Payments

Each party will be jointly and severally liable for all payments owing to us.
You are required to pay for the Package as follows:
- The Booking Fee (being $500) as outlined in Clause 2; and
- The remainder of the total amount due (‘the Final Payment’) due One Month before your ceremony.
The total amount due may also include the Additional Services that you have requested from us. Where the Additional Services are requested after the Final Payment is made, I will provide a further invoice to you. That invoice must be paid within 2 days from the date of the invoice.
For all payments I will provide you with an invoice for the Services in advance.
In some instances you may pay the invoice through the assistance of a Third Party Payment Provider (‘TPPP’) such as Paypal. You acknowledge that you have read over those terms and conditions thoroughly, and have informed the TPPP that you agree to be bound by any terms and conditions in addition to these terms. The TPPP or their bank or other financial institution may require you to pay processing fees or other fees and charges. Any such fees and charges are your sole responsibility and are not included in the invoice, or other paid services unless otherwise specified. I accept no responsibility for your use of any TPPP. You agree to keep your information including your email address and payment details up to date so that the TPPP and I can process payment and contact you as needed in connection with the provision of the Services.
I reserve the right to increase the price of the Services where there are any last minute changes to your requirements, including but not limited to a change in scope of services, the hours of work to be performed, or increase in labour by me. The additional charges must be paid within seven days from the date of the invoice.

Cancellation or Postponement of Booking

You may cancel this agreement at anytime, by notifying us in writing and by doing so, you forfeit the non-refundable Booking Fee.
If, after the cancellation of your Booking, another client books and pays for your date, you will be entitled to a refund of ‘the Final Payment’ at our discretion.
Due to the nature of the elopement package, postponements will be treated as a cancellation in accordance with Clause 4.1.
We may terminate the agreement between us where you are in breach of the Terms, including but not limited to the non-payment of invoices. Where we terminate the agreement for breach, you will be responsible for all fees and disbursements incurred or accrued prior to termination.
We may withdraw my Services in some circumstances. Such circumstances include discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies. Non-cooperation; changes in locations, facilities, or available times; missed appointments and late payments are examples of contributing factors.

Ceremony Cooperation

You warrant that:
I have explained to you the legal requirements for entering into a marriage, and you fully understand those legal requirements;
you are legally able to marry each other;
each party is providing full and free consent to marry.
You agree to:
- complete and provide to me, a Notice of Intended Marriage, no less than one (1) month and no more than 18 months, prior to the ceremony date;
- complete the legal paperwork questionnaire either online or manually where required;
- provide me with any information which may be relevant to you, the ceremony or the legal requirements associated with the intended marriage;
- provide me with all documentation requested, no less than the thirty (30) days before the ceremony date. Subject to 5.3, if the parties fail to do so, I am under no obligation to perform the ceremony and may cancel the Booking with all monies already paid by the parties forfeited; and
- communicate all of your expectations to me no later than thirty (30) days before the ceremony date. If you fail to do so, all decisions regarding the content of the ceremony will be left to the sole discretion of me.
- Where it becomes apparent that you are unable to undertake a lawful marriage ceremony, you may choose to have me perform a “commitment ceremony”. Where you wish for the marriage to be solemnised thereafter, further fees will be incurred.
- You will be responsible for ensuring that two (2) witnesses, 18 years of age or older, attend the ceremony, as required by law. You are to ensure that the witnesses are not hearing impaired and can understand English, and that the witnesses are situated close to me as I conduct the ceremony, so as to ensure that they can hear and understand what is being said during the ceremony.
- You must not be under the influence of alcohol or other substances which may impair your capacity to take part in the ceremony. I can, at any time using my own judgement and sole discretion, refuse to undertake the ceremony, in accordance with the relevant legislation relating to the same.
You agree to positive cooperation and communication with me. I am not responsible for key individuals’ failure to be present or to cooperate during any meetings with me, or the ceremony itself.
If you wish to make changes to the ceremony, you must provide written instructions to me as soon as possible. I will make reasonable attempts to implement the change/s.
Should your ceremony be impacted by rain or weather conditions as contemplated elsewhere in the Terms, you are responsible to inform me of any changes to location a minimum of three (3) hours prior to the start time.
The Celebrant will arrive at the Venue at least thirty (30) minutes before the ceremony is due to start. The Photographer and Videographer will meet you at the agreed start location 15 minutes before the agreed upon time.
Where either of you are late to the ceremony at the proposed time, or hold the ceremony to wait for other vendors, invitees or the like, for a period of thirty (30) minutes longer than the agreed ceremony start time, I reserve the right to leave the venue and not undertake the ceremony.
Where I exercise my right to leave the venue and not undertake the ceremony due to the aforementioned Clause, a further fee will be charge to you for the ceremony to take place at a different place and/or time;
Where the Ceremony does not finish at the agreed end time, and due to the delay I incur extra charges including but not limited to paid parking, a further invoice will be issued to you for such charges and made payable within seven (7) days.

Registration of Marriage

Upon completing your ceremony, I will provide you with a Commemorative Marriage Certificate.
I will endeavour to complete all relevant paperwork relating to the registration of marriage within fourteen (14) days, and lodge the relevant paperwork with the Office of Births, Deaths and Marriage.
You will need to apply for the ‘Official Marriage Certificate’ in order to apply for name changes, and other legal documents where the Certificate may be required. An additional charge is incurred for applying for such document and must be paid by you. I am able to assist you in applying for this document.
Safety
You shall agree that, while working with me on the day of your ceremony, you are not to undertake any illegal or dangerous activities that threaten my safety and well-being.
Unless legislation provides otherwise, it is your responsibility to ensure you, and your other vendors, are following government regulations in regards to public health and safety, including those restrictions relating to gatherings and social distancing.
If these regulations are not strictly adhered to and I feel that my personal safety is at risk, I reserve the right to exit the ceremony and my duties and you will forfeit any fees paid.
I am not responsible for the failure of the ceremony participants and guests to follow government regulations in regards to public health and safety, including those restrictions relating to gatherings and social distancing. To the fullest extent permitted by law you agree that I will not be liable to you or any person for any claim resulting from issues relating to public health and safety and the following of mandatory rules and regulations relating to the same.

Communication

Unless otherwise noted, RED ECLECTIC and LOVE ON FILM will be the exclusive photographer and videographer at this wedding event.
You agree that good faith cooperation and communication between us is important in obtaining a good result.
You must notify RED ECLECTIC and LOVE ON FILM in writing if you wish to have anything photographed in a particular way.
RED ECLECTIC and LOVE ON FILM will not be held accountable for not photographing desired portraits, if there is no one to assist in identifying these particular details and photographs on the day.
RED ECLECTIC is not responsible if key individuals fail to appear or cooperate during photography, or for missed images due to details not revealed to RED ECLECTIC or LOVE ON FILM beyond our control.

Images and Copyright

Photographs and images produced by RED ECLECTIC and LOVE ON FILM are protected by Copyright Law (all rights reserved).
Upon final payment you are allowed to display resulting images for personal use.
Said images may not be altered or reproduced in any manner without prior written permission of RED ECLECTIC or LOVE ON FILM.
From RED ECLECTIC you will receive high resolution digital photographs via a private online gallery, with printing rights.
From LOVE ON FILM you will receive a USB with your digitised and edited Super 8 film footage.
When publishing the photos or film footage socially or commercially please note RED ECLECTIC and/or LOVE ON FILM as the photographer/videographer.

Edited Images – Digital Photography

RED ECLECTIC does not provide any unedited images to you as it does not represent the quality RED ECLECTIC strives for.
RED ECLECTIC takes pride in the edited images, and images will not be delivered if they do not meet RED ECLECTIC’s quality standards or style.
RED ECLECTIC’s edited images include colour correction, colour enhancements, exposure correction, shadow and highlight recovery, lens correction, and some artistic flare.
RED ECLECTIC may retouch photos within a collection. This is at RED ECLECTIC’s own discretion whilst editing, and usually does not extend beyond a handful of images. Eg. fixing a large pimple, or smoothing the skin on what she thinks to be “the money shot”. For next level photoshopping/retouching please get in touch with RED ECLECTIC to quote for additional services and/or to outsource.

Edited Footage – Super 8 Videography

The Videographer retains the right of discretion in selecting the materials released to the client.
Due to a variety of lighting conditions and the limitations of film, some colours may alter throughout a set of images. Please note that certain colours do not reproduce exactly in motion.
It is understood that all video is undertaken within the technical limitations of the process and that colour may not be identical over the whole range of colours within a subject.

Completion Schedule

Digital photography images are expected to be edited within 8 weeks after the event. Images will be uploaded to an online gallery for you to download from.
Super 8 videography is expected within 12 weeks after the event. Images will be delivered in a USB thumb drive.

Use of Images

You acknowledge that we will take images and video footage of you at the ceremony. You hereby irrevocably waive all copyright rights (including moral rights) in any such images and agree to provide us a royalty free nonexclusive licence to use any such images for marketing purposes. By accepting these terms, you confirm that you have given permission for me to take images and videos, and sought the permission from your guests and vendors for me to do the same.
You may however inform me that you do not wish for us to use images of you at any point in time in writing. If we have used these images and you wish for them to be removed, we will endeavour to remove them as soon as practically possible.
Any photographs, videos or sound recordings taken by you of us must be for personal use only and must be taken legally. Any use, reuse or production for commercial purposes without our express written consent is strictly prohibited.

Intellectual Property and Confidentiality

All Intellectual Property created by me during the provision of the Services remains that of the property of me. I grant to you an exclusive, non-transferable, royalty-free, perpetual license to use any intellectual property rights owned by me for the purposes of performing the ceremony for you.
Given the quality of material developed by me, you must not disclose any confidential Information to any third party without my prior consent. If you disclose any confidential Information to a third party without my prior written consent, you will be liable for any damage suffered by me as a consequence of the disclosure.
All obligations of intellectual property and confidentiality set out in this Agreement continue in full force and effect after the Completion Date.

Celebrant’s Equipment and Liability

Where my PA System is damaged through no fault of mine e.g. microphone dropped by a participant of the ceremony, or through use of an iPod or music application for music, you will be responsible for and pay all associated costs involved in fixing or replacing the damaged item.
I will undertake to use my best endeavour to ensure that the PA is fully charged, functional and tested prior to the ceremony. However, you acknowledge that electrical equipment may malfunction from time to time and should the PA fail at any time prior to, during or after the ceremony, through no fault of mine, I will not be held responsible.

Photographer’s Equipment & Liability

RED ECLECTIC takes the upmost care with respect to exposure, storage, and processing the photographs/images, but cannot and does not, guarantee that photographs/images of the event will not be lost, stolen, or destroyed for reasons within or beyond RED ECLECTIC ‘s control. CLIENT agrees that RED ECLECTIC or the photographer(s) full and complete responsibility and liability is limited to the return of all payments received for the event.
RED ECLECTIC will keep images available in an online gallery for 12 months, after which time the gallery will be deleted. The client will be contacted (using the contact email registered at the time of booking) to provide notice that the gallery will be deleted. It is the CLIENT’s responsibility to download the images for safekeeping in the first 12 months. RED ECLECTIC will also send the CLIENT, using the address they provided, a USB copy of the high resolution images. RED ECLECTIC will keep copies of the JPEG images in archives for up to 5 years. RAW files will be deleted after 12 months. Should a client need to access images from the archives, a fee may apply.

Videographer’s Equipment and Liability

The Videographer will not be held liable financially or otherwise in the unlikely event of film imagery loss, or inability to capture film imagery, due to equipment malfunction, weather conditions, postal shipping error, TSA security X-ray imaging damage, film manufacturing error, film lab error, theft, or any cause beyond Videographer control.
Client understands the sensitive nature of film imagery, as well as the equipment necessary for capture, and acknowledges the known risks associated and agrees that the Videographer will not be held liable for film imagery loss, or inability to capture film imagery, for any reason beyond Videographer control. Under these circumstances, the videographer(s) are not liable to compensate the client(s) in any way whatsoever.

Subcontracting of Services

In the unlikely event of severe medical, natural, or other emergencies, or where, for whatever reason, Eddie, Kat or Mariah cannot perform our duties at the ceremony, we will make every effort to secure a replacement. If a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the contracted Services. However, notwithstanding a suitable subcontractor found, those Services will be provided by that subcontractor at the price already invoiced and paid to us.

Warranty, Liability and Indemnity

To the extent that the Australian Consumer Law allows, I provide the Services on an “as is” and “as available” basis and disclaim all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.
To the fullest extent permitted by law you agree that I will not be liable to you or any person for any claim resulting from or arising out of your use of (or inability to use) the Services for any amount beyond the total price paid for the Services. This includes any direct, indirect or consequential loss, even if such loss was not contemplated at the time of making the Booking or accepting these Terms.
To the fullest extent permitted by law, you agree to indemnify me, and my officers, directors, employees from and against all claims, including reasonable legal costs, resulting from any breach of this Agreement or any activity related to your use of the Services, (including, without limitation, infringement of any third party’s copyright, trade mark, patent or other intellectual property rights anywhere in the world or any negligent or wrongful conduct) by you and any liability for any claim, whether direct, indirect, incidental, special and/or consequential loss even if such loss was not contemplated at the time of making the Booking or accepting these Terms.

Force Majeure

We will not be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Agreement that is caused by any act or event beyond our control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (known as ‘force majeure circumstances’).
If a genuine force majeure circumstance occurs and means that the performance of my obligations under the Agreement is impossible, we will contact you as soon as reasonably possible to notify you and our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of that force majeure circumstance.
This clause does not apply in circumstances where an event outside of our control occurs but the circumstances still make the Booking possible (notwithstanding inconvenience or financial hardship). If events beyond our control occur (such as restrictions to numbers of guests, or density requirements) but it is entirely possible for Eddie to solemnise your marriage, any choice to cancel your ceremony is done so at your own initiative and the usual cancellation clauses in these Terms apply.
If you cancel the booking or vary the booking because the alleged event outside of our control causes mere inconvenience or changes the booking in a manner that does not suit you, any fees and charges that are deemed non-refundable remain so and we are only obliged to use our reasonable endeavours to provide an alternative date.
In genuine force majeure circumstances, we will endeavour to arrange a new date for the Booking with you after the event outside of its control is over. We must use all reasonable endeavours to mutually agree on a new date, but if we are unable to agree on an alternative date, the Booking will be considered cancelled under the terms outlined in Clause 4.
If you choose to book again and an event beyond my control is reasonably foreseeable, based on Government guidance, then the booking is done so at your own risk and I am not liable for any loss suffered as a result of the failure of your second booking to proceed. I am under no obligation to provide a further date because of any cancellation or postponement.

Jurisdiction

These Terms are governed exclusively by the laws of Western Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Western Australia.

Severability and Waiver

If the whole or any part of a provision of these Terms is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This does not apply if the severance of a provision of this contract in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under the Terms.
Any failure by us to exercise or enforce any one or more of my rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted to you in writing.

Variation

This agreement may only be varied by you if mutually agreed with me and made in writing.

Execution by Parties

This agreement must be executed by each partner named. In instances where it is signed by one party, the signing party acknowledges and warrants that they have the authorisation to execute the agreement on behalf of the other party. In doing so, they also warrant that the other party has read and understood the Terms prior to providing permission to execute.

These Terms are governed exclusively by the laws of Western Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Western Australia.

Severability and Waiver
If the whole or any part of a provision of these Terms is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This does not apply if the severance of a provision of this contract in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under the Terms.
Any failure by me to exercise or enforce any one or more of my rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted to you in writing.
Variation

This agreement may only be varied by you if mutually agreed with me and made in writing.

Execution by Parties