TERMS AND CONDITIONS:
By paying the Non-refundable Deposit / Booking Fee, the Parties agree to retain the services of Kate Turner as their celebrant according to the following Terms and Conditions:
DEFINITIONS
1.1“Couple” means Party 1 and Party 2 named on the NOIM form.
1.2“Deposit” means the amount agreed upon for non-refundable booking fee, plus travel costs (if applicable) to cover lodgement of NOIM form and to secure first wedding date.
1.3“Booking Fee” means the amount agreed upon on for a non-refundable fee plus travel costs (if applicable) to cover lodgement of NOIM form and to secure first wedding date.
1.4“Kate Turner” means and the company “Kate Turner Celebrant” and its employees, agents and contractors etc.
1.5“Price” means the cost of the Services as specified by Kate Turner in the Tax Invoice.
1.6“Services” means the services specified in the Tax Invoice.
1.7“Tax Invoice” means the tax invoice supplied by Kate Turner to the Couple in accordance with clause 4.1.
1.8“First wedding date” is the date first secured as per the Tax Invoice.
1.9“Ceremony Fee” means the fee for celebrant to conduct the wedding ceremony on agreed first wedding date.
1.10“Consumer” means a consumer for the purposes of section 3 of the Australian Consumer Law.
ACCEPTANCE
2.1. Any instructions received by Kate Turner from the Couple for the provision of the Services and/or Photography Services constitutes acceptance of these Terms and Conditions.
2.2. Where more than one Party has entered into this Contract, the Couple will be jointly and severally liable for all payments of the Price
2.3. Payment of booking fee/ deposit denotes acceptance of these Terms and Conditions by the Couple, the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions or with the written consent of Kate Turner.
2.4 Terms and Conditions will be periodically updated without notice.
SERVICES
3.1. Kate Turner will provide the Services.
3.2. In providing the Services, the Couple acknowledge and agree that Kate Turner 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.
3.3. Subject to clause 3.2, Kate Turner will endeavour to attend at the Ceremony at least thirty (30) minutes prior to the Ceremony Time and will leave no earlier than thirty (30) minutes following the Ceremony Time.
3.4. Kate Turner reserves the right to leave the Ceremony thirty (30) minutes after the Ceremony Time stated in the Contract if both or either of the Couple have not arrived or the Ceremony cannot proceed for any reason outside of Kate Turner’s control. In these circumstances, the Couple forfeit all monies paid to Kate Turner .
3.5. If Kate Turner is unable to perform the Ceremony in accordance with this Contract, for any reason whatsoever including due to an unforeseen accident and/or injury, Kate Turner will advise the Couple as soon as practicable and make reasonable arrangements for another celebrant to perform the Ceremony.
PAYMENT TERMS
4.1. Price:
Subject to clause 4.2, at Kate Turner ’ sole discretion, 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. Deposit/ Booking Fee:
The Couple must pay Kate Turner the Deposit/Booking Fee thereby accepting terms and conditions.
The Deposit/Booking Fee is immediately payable upon the Couple engaging Kate Turner as their celebrant
The Deposit/Booking Fee is non-refundable unless the Contract is cancelled by Kate Turner under clause 7.2.
4.4. Secure Booking:
The Services will not be secured until the Deposit/Booking Fee is paid in full.
4.5. Payment of the Price:
The Price (including any variations) must be paid to Kate Turner on the earlier of:
Four (4) months after the Contract is signed and returned to Kate Turner ; or Thirty (30) days prior to the Ceremony Date specified in the Contract.
If the Price is not received within the timeframe specified in clause 4.5a, Kate Turner may cancel the Contract by giving written notice to the Couple and retain the Deposit/ Booking Fee and all other monies paid to Kate Turner by the Couple.
Kate Turner is under no obligation to provide the Services (or any part thereof) until the Price is received.
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 Contract), then Party 1 and/or Party 2 must notify Kate Turner of such change in writing.
In these circumstances, Kate Turner must make reasonable efforts to accommodate such change. However, if the new details conflict with Kate Turner’s prior commitments then Kate Turner may cancel the Contract and retain the Deposit/Booking Fee.
Kate Turner must notify the Couple if the Contract is cancelled pursuant to this clause 5.1 within thirty (30) days of receiving notice of the change to the Ceremony Details.
If the Contract is cancelled under this clause 5.1 less than six (6) months from the Ceremony Date specified in this Contract, the Couple will either:
Forfeit the Price, if already paid; or
Be liable to immediately pay Kate Turner 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 Kate Turner of such change as soon as possible by telephone to ensure that he has sufficient time to travel to the alternative venue.
Kate Turner will not be held responsible for any delays in the Ceremony Time due to such change.
5.3 Where changes to the ceremony time, date or venue are mutually agreeable, any updated Terms and Conditions are applicable.
THE COUPLE’S OBLIGATIONS AND WARRANTIES
6.1. The Couple agree that Kate Turner has explained to them the legal requirements for entering into a marriage.
6.2. The Couple warrant to Kate Turner 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 Kate Turner a Notice of Intended Marriage within the timeframe required by law.
Provide Kate Turner with all original documentation requested no less than fourteen (14) days before the Ceremony Date including any accredited translation documentation requested by Kate Turner . If the Couple fail to provide all requested documentation to Kate Turner within the specified timeframe, Kate Turner is under no obligation to provide the Services and may cancel the Contract. In these circumstances, the Couple will forfeit all monies paid to Kate Turner .
Communicate all of their expectations to Kate Turner regarding the Ceremony no later than twenty-one (21) days before the Ceremony Date. If the Couple fail to provide any such details to Kate Turner within the specified timeframe, all decisions regarding the content of the Ceremony will be left to the sole discretion of Kate Turner
Review Terms and Conditions if any changes to initial invoice are made (including but not limited to) to: time, date or venue, within seven (7) days of the change. Couple must notify Kate Turner in writing if these are no longer acceptable within a further seven (7) days. Updated Terms and Conditions are applicable on acceptance of change without written dispute from couple within fourteen (14) days.
CANCELLATION
7.1. Cancellation by the Couple:
The Couple can cancel the Contract at any time by giving written notice to Kate Turner .
If the Couple cancel the Contract, for any reason whatsoever, less than six (6) months before the Ceremony Date, the Couple will be liable to pay Kate Turner the full Price.
If the Couple cancel the Contract, for any reason whatsoever, more than six (6) months before the Ceremony Date, the Couple will be liable to pay Kate Turner an amount equal to 50% of the Price.
7.2. Cancellation by Kate Turner :
Kate Turner can cancel the Contract at any time by giving written notice to the Couple.
If Kate Turner cancels the Contract, other than in accordance with clause 6.1, then all monies paid will be refunded to the Couple.
Kate Turner 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 Kate Turner on the Ceremony Date at their own risk. Kate Turner is not liable for any personal injury or property damage that may occur.
8.2. The Couple unconditionally and irrevocably release Kate Turner from and indemnify Kate Turner 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 or Photography Services or any other term of this Contract.
8.3. If Kate Turner experiences any unforeseen obstacles on his way to the Ceremony including by way of example only (and not limited to) traffic jam, mechanical problems, car accident, cancelled flight etc then Kate Turner 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 Kate Turner is unable to attend the Ceremony, then Kate Turner will: Notify the Couple as soon as reasonably practicable;
Not be liable for any loss or damage, including any consequential loss of damage;
Refund the Price, less the Deposit/Booking Fee, to the Couple.
WARRANTY
9.1. If the Couple are Consumers then the Services and Photography Services come with guarantees that cannot be excluded under the Australian Consumer Law. The guarantees under the Australian Consumer Law are given by Kate Turner .
9.2. No other guarantees or warranties apply to the Services and Photography Services unless a further and additional warranty is provided, in writing, to the Couple by Kate Turner .
GOVERNING LAW
10.1. This Contract shall be governed by and interpreted in accordance with Queensland Law and the parties submit themselves irrevocably to the Courts of competent jurisdiction of the State of Queensland.
ACCEPTANCE:
By paying the Deposit/Booking Fee, the Couple agree that they have read and understood the Terms and Conditions as found on Kate Turner’s website. Terms and Conditions form part of the contract with Kate Turner and governs each and every transaction with Kate Turner.