Mr Matrimony’s Terms and Conditions

Thank you for choosing Mr Matrimony Registered Marriage Celebrant (ABN: 33 194 168 027)  (hereafter “MM”, “our”, “we”, “us”) for your special day. This is an Agreement under which you (hereafter ‘the Couple’, ‘you’ or ‘your’) agree to use the Services (‘the Terms’) supplied by Mr Matrimony Registered Marriage Celebrant

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

Your Booking is confirmed once we have received a signed copy of these Terms via the Service Agreement. However, where you fail to provide an executed copy of the Terms but proceed to use our Services, you confirm your agreement to be bound by these Terms. This agreement expressly supersedes prior agreements or arrangements with you.

  1.          Scope of Services

1.1        MM provides professional Celebrancy Services outlined in this Agreement and as detailed in the Quotation (‘the Services’);

1.2        MM agrees to conduct a marriage ceremony at the agreed time, date and place, in accordance with the Marriage Act 1961 (Cth) and the Code of Practice for Marriage Celebrants.

  1.          Booking Fee

2.1        The Couple must pay a Booking Fee which is non-refundable. The Booking Fee required to be paid is the fixed amount of 500.00.

2.2        The Booking Fee not only constitutes the reservation of your Booking Date, but also payment for work performed up to the point of booking and costs and expenses associated with doing so.

2.3        You acknowledge that through blocking the Booking Date off, you accept that MM will suffer loss by declining other work for that date, from the date that you agree to these Terms. The non-refundable fees related to that cancellation are considered liquidated damages as a result.

2.4        Subject to the terms and conditions contained within this Agreement, your Booking Fee may be transferred to another date if agreed between the parties.

  1.          Payments

3.1        Each party of the Couple will be jointly and severally liable for all payments owing to MM

3.2        For all payments we will provide you with an invoice for the Services in advance. Any payments made to MM will be made via direct deposit.

3.3        MM reserves the right to increase the price of the Services where there are any last-minute changes to the Couple’s requirements, scope of services, additional hours or increase in labour. The additional charges, the additional charges are payable within 30 days of invoice.

3.4        You agree to reimburse MM for all reasonable expenses incurred in providing the Services, provided that such expenses shall be itemised and supported by invoices. The Couple is responsible for all “out of pocket” expenses directly related to the provision of the Services.

3.5        Where the Booking requires substantial travel for MM interstate and/or internationally, the Couple are required to pay for travel, accommodation, flights to the destination and car hire.

  1.          Cancellation or Postponement of Booking

4.1        You may cancel this agreement at anytime, by notifying the Celebrant in writing. The cancellation will be subject to the terms below.

4.2       Where you give early notice, being (6) Six months prior to your Booking Date (‘Early Notice’), any monies paid beyond the Booking Fee to the Celebrant will be returned to you as soon as reasonably practicable. Upon providing Early Notice, you may also choose to postpone your Booking in accordance with this sub-clause to a date mutually agreed between you and the Celebrant. If a date is agreed, all monies may be transferred to that new date by way of credit. Where reasonable attempts have been made to find a mutually acceptable future date, but parties are unable to agree, the Celebrant may retain the Non-Refundable Booking Fee in accordance with the terms of this Agreement. All other monies paid will be returned.

4.3        Where Early Notice is not provided, and but you are able to cancel with one month’s notice of Booking Date (being, “the Cut Off Date’), your Booking will be treated as cancelled. If you wish to postpone before the Cut Off Date, a further Booking Date may be chosen where such date can be mutually agreed between you and the Celebrant. If a date is agreed, all monies may be transferred to that new date by way of credit. Where reasonable attempts have been made to find a mutually acceptable future date, but parties are unable to agree, the Celebrant may retain the Non-Refundable Booking Fee as well as any additional monies paid to you prior to the Cut Off Date.

4.4        Where notice is given by the Couple after the Cut Off Date, being within one month of your Booking Date, your Booking is treated as cancelled and no postponement or credit will be provided to you. Any further booking will be treated as a new booking and subject to further terms and a further Booking Fee. The Non-Refundable Booking Fee as well as all additional monies paid will be retained by the Celebrant and is not transferable.

4.5        MM may terminate the agreement between the parties where you are in breach of the Terms, including but not limited to the non-payment of invoices. Where MM terminates the agreement for breach, you will be responsible for all fees and disbursements incurred or accrued prior to termination.

4.6        MM may withdraw their 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.

  1.          Cooperation

5.1        The parties warrant that:

  1. has explained to them the legal requirements for entering into a marriage, and they fully understand those legal requirements; and
  2. they are legally able to marry each other.

5.2        The parties agree to:

  1. complete and provide to MM, a Notice of Intended Marriage, no less than one (1) month and no more than 18 months, prior to the ceremony date;
  2. provide MM all documentation requested, no less than fourteen (14) days before the ceremony date. If the parties fail to do so MM is under no obligation to perform the ceremony and may cancel the Booking with all monies already paid by the parties forfeited; and
  3. communicate all of their expectations to MM no later than thirty (30) days before the ceremony date. If the Couple fail to do so, all decisions regarding the content of the ceremony will be left to the sole discretion of MM.

5.3        The Couple will be responsible for ensuring that two (2) witnesses, 18 years of age or older attend the ceremony, as required by law.

5.4        The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. MM is not responsible for key individuals’ failure to be present or to cooperate during any meetings with MM, or the ceremony itself.

  1.          Safety

6.1        The Couple shall agree, while working with MM on their wedding day, they are not to undertake any illegal or dangerous activities that threaten MM’s safety and well-being.

6.2        Unless legislation provides otherwise, it is the Couple’s responsibility to ensure it, and its other vendors, are following government regulations in regard to COVID-19, including those restrictions relating to gatherings and social distancing. Notwithstanding this, the Celebrant has agreed to undertake such tasks to ensure COVID-19 compliance is being adhered to:

  1. Ensuring adequate seating suitable for social distances;
  2. Register names for contact tracing;

6.3        If these regulations are not strictly adhered to and MM feels the personal safety of its employees and officers are at risk, we reserve the right to exit the event and our duties and you will forfeit any fees paid.

6.4        MM is not responsible for the failure of the wedding participants and guests to follow government regulations in regard to COVID-19, including those restrictions relating to gatherings and social distancing. To the fullest extent permitted by law you agree that MM will not be liable to you or any person for any claim resulting from issues relating to COVID-19 and the following of mandatory rules and regulations relating to the same.

  1. Subcontracting of Services

7.1        In the unlikely event of severe medical, natural, or other emergencies, MM 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

  1. Warranty, Liability and Indemnity

8.1        To the extent that the Australian Consumer Law allows, MM 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.

8.2        To the fullest extent permitted by law you agree that neither MM or its employees will be liable to you or any person for any claim resulting from or arising out of your use (or inability to use) 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.

8.3        To the fullest extent permitted by law, you agree to indemnify MM, and its 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.

  1. Force Majeure

9.1        MM will not be liable or responsible for any failure to perform, or the delay in performance of, any of our 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 (‘force majeure circumstances’). If an event outside our control takes place that means the performance of our 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 the “Event Outside Our Control”.

9.2        This clause does not apply in circumstances where the “Event Outside Our Control” still makes the Booking possible, but you cancel the Booking or vary the Booking because the alleged “Event Outside Our Control” causes mere inconvenience or changes the Booking in a manner that does not suit you. In this instance, our usual terms apply as if this was a cancellation (or postponement should these terms allow) in accordance with this Agreement.

9.3        In force majeure circumstances, where an alternative date cannot be provided which has resulted from a force majeure event, there will be no monies returned.

9.4        If you choose to book again and an “Event Beyond Our Control” is foreseeable, based on Government guidance, then the booking is done so at your own risk and MM is not liable for any loss suffered as a result of the failure of your second booking to proceed. MM is under no obligation to provide a further date as a result of any cancellation or postponement.

  1. Jurisdiction

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

  1. Severability and Waiver

If the whole or any part of a provision of this Agreement 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 this Agreement. Any failure by MM to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted to the Client in writing.

  1. 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.