Service Contract.
1. Performance of Services
The Client contracts the event agency The Romance to render the agreed event service package, for the agreed fees. The Romance will commence fulfilling herewith listed contractual obligation after receiving the booking fee to their account, and ends on the wedding day, or on the day The Romance was contracted to coordinate, as soon as the event is finished.
The Romance is bound to provide the agreed services according to the principles of “obligation for executive care”, considering the best interest of the Client. The Romance agrees to exercise reasonable care and skills in providing all services agreed under the terms of this Agreement.
The Romance is especially bound to the meticulous consulting of the Client, careful selection and supervision of vendors and subcontractors. The Client agrees to work with The Romance in a collaborative, professional relationship of equals, where mutual professional respect, courtesy and consideration are expected.
Should the event require it, The Romance will provide assistance in order to fulfil the Agreement. These assistants will abide by all terms of the Agreement between The Romance and the client. The decision to use assistants is at the sole discretion of The Romance.
New work requested by the Client and performed by The Romance after a proposal/estimate has been approved is considered a change request and will be billed according to the additional hours.
If the job changes to an extent that it substantially alters the specifications described in the original proposal/estimate, a revision memo will be submitted to the Client, and a revised additional fee must be agreed to by both parties before any further work proceeds. Alterations and other changes requested after project completion are billed at standard hourly or package rates.
The Romance is entitled to deviate from the agreed services and will use professional judgement when taking action in regard to changes, weather, tardiness, non- performance etc. based on the situation, time limitations and/or the Clients' wishes.
Any changes are to be documented in written form without delay and communicated on to the clients in writing forthwith. The Client reserves the right to disagree with any deviations including in an event where the deviation leads to additional charges being payable by the Clients or where the quality of the service is reduced.
2. Client Obligations
The client/s is considered one unit in the communication process, meaning it is assumed that any request or information provided by one of them is internally agreed upon by both. The Romance is not liable for any inconveniences that arise from actions that have not been previously discussed and/or agreed upon by the Client. The Romance shall not be liable to the client for obligations of the supplier/service providers and shall not be liable to the supplier/service providers for the obligations assumed by the Client.
The Client is to provide The Romance with a thorough description of their plans and ideas and inform in a timely manner of any changes that may arise in this regard.
Due to the virtual nature of the relationship, the Client understands the importance of communication, especially via e-mail, and agree to respond to questions, requests and communications from The Romance in a timely manner.
The Client understands that The Romance is a business with other clients to serve, and require fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunication on the part of the Client will not constitute an emergency by The Romance.
The Client is obliged to provide The Romance final confirmation of all event details 14 days prior to the event date.
The Client shall not change the date, time or location of the wedding without first contacting and advising The Romance of said changes, so as to determine if The Romance is still available to provide services.
If the Client change the date, time or location of the scheduled event, and The Romance is unavailable to provide services, then The Romance is released from all contract obligations and shall in no way be held responsible or liable in any manner whatsoever for non-performance.
The Client will forfeit the booking Fee along with a percentage of the Service Fee, corresponding to the hours invested by The Romance up to the cancellation, for non-compliance with this Agreement.
In the event the client is forced to change the date of the event, and The Romance is available to provide services, every effort will be made to transfer location reservations, sub-contractors and the wedding coordination support to the new date.
The Client agrees that in the event of a date change any expenses including but not limited to deposits and fees that are non-refundable and non-transferable are the sole responsibility of the client.
The Client further understands that last minute changes can impact the quality of the event and that The Romance is not responsible for these compromises in quality. The Client agrees to the following deadlines during the planning process:
All event concept decisions are to be finalised and vendors chosen at the earliest convenience and no changes are to be requested in this regard during the last two months before the wedding.
Detailed orders are to be finalised at the latest 14 days before the wedding.
No new service requests are to be made during the last month before the wedding.
Should such changes be impossible to avoid, The Romance will handle them at a surcharge of 100% of the normal hourly rate- subject to availability.
3. Deposits, Payments and Other Fees
A non- refundable deposit of 30% of the total service is required to be paid to The Romance to confirm the booking. Deposit paid will be deducted from the total bill payable.
Upon receipt of the Booking Fee, the date agreed upon will be reserved and no reservations with another client for the same date will be made.
The client will have the opportunity to choose their preferred payment method and the desired number of instalments for the event services. However, final payment is due 30 days prior to the event date.
The Romance reserves the right to refuse completion or delivery of work until overdue balances are paid.
Services required less than 30 days from delivery, require full payment within 24 hours to secure the booking and are non- refundable.
Additional agreements or changes that affect the agreed services or prices need to be explicitly agreed by the parties and documented in written form without delay.
Any additional service hours will be charged; however, they will not be incurred without the prior agreement of the Client in writing.
By payment of the deposit it is deemed that this agreement has been read, understood and agreed to. All prices are quoted in Australian Dollars and include GST.
4. Cancellation of Terms
The Client is entitled to terminate the Agreements no later than 14 days prior to the event day, by written notice to The Romance. The cancellation takes effect only after written announcement by e-mail or in paper form, including an indication of reasons.
Should the Client terminate the Agreement prematurely, the following payments are due:
25% of the total Service Fee for cancellation at least 9 months before the wedding
50% of the total Service Fee for cancellation 6 to 9 months before the wedding
75% of the total Service Fee for cancellation 2 to 6 months before the wedding
90% of the total Service Fee for cancellation 21 days to 2 months before the wedding
100% of the total Service Fee for cancellation up to 14 days before the wedding
The Romance is entitled to terminate the contract when payments are not made within due date according to contractual terms, or for any material breach of this contract, against all summons.
New information, changes to agreed circumstances without previous discussion, or other factors, which tend to circumvent standard policies or the law, may result in withdrawal.
Should The Romance initiate the withdrawal, all fees will be returned, excluding the Booking Fee as well as fair market value for all services/products already provided.
If the client changes the date/location of the wedding and The Romance is unavailable to provide services, then The Romance is released from all contract obligations and shall in no way be held responsible or liable for non-performance. The client also forfeits all costs for non-compliance with this agreement.
5. In the Event of an Emergency (Force Majeure)
In the event that The Romance is unable to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation acts of God, inclement weather, site access failure, time access inaccuracies, civil commotion, unrest or riots, civil or military interference including acts of war or terror, pandemic).
The Romance will provide a written statement to the client outlining full particulars of such force majeure in which case the obligation of the owner under these terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The Romance shall not be liable for any loss or damage suffered by the client as a result of any delays caused by such force majeure events.
The client will not be held responsible, accountable, or liable to The Romance for any loss or damage suffered to The Romance hired items or arranged goods as a result of damage or loss caused by such force majeure events.
The Romance reserves the right to cancel any event if at any time they feel that the obligations cannot be met and all suitable alternatives have been exhausted.
In the event that The Romance are unable to complete their responsibilities or in the event of isolated disasters such as damage to The Romance stock warehouse, vehicle, or staff; liability is limited to a full refund of all monies paid to The Romance only, no additional claims of compensation will be entered.
If The Romance are unable to complete their responsibilities for the event, every effort will be made to The Romance to source and introduce a replacement planner and / or stylist with a similar style and skill level.
6. Rescheduling
In the event the client chooses to or is forced as a result of events listed in Force of Majeure of this document, to postpone the event, The Romance will endeavour to find a mutually agreeable date to reschedule. Should this not be possible then the booking fee will remain non-refundable or transferable.
The client understands that some hire items may already be booked and agrees to alternate items. For Love & Living agrees to hold a booking for 12 months for the client to reschedule.
7. Vendor Management
The Romance will gather quotations from reputable vendors, according to the wishes of the Client, within the event budget (which is subject to change depending on the final venue choice, event day scenario, the Clients' vendor and service choices and number of guests), for the defined fees.
The selection of the vendors proposed by The Romance is made by the client, unless otherwise agreed. Should the Client explicitly request, the selection is to be made by The Romance.
In all circumstances, the contracts are to be closed directly between the Client and the chosen vendors.
The Romance will exercise reasonable care and skills in locating and recommending any vendors for the Clients.
The Romance is not responsible for the conduct and/or performance of any vendor. The vendors will prepare proposals and they will invoice the Clients. It is the Clients' sole responsibility to hire, contract and pay all vendors and/or venues in a timely manner.
In the event the client chooses to book other vendors, without involving the The Romance, or should you book certain vendors before signing the Service Agreement, it is the Clients' responsibility to provide The Romance with copies of vendor contracts for all vendors they contracted on their own. Any fee or cost for the payment will be borne by the Client.
Any dispute with these vendors will be handled directly between the Clients and the vendors.
In the event of any supplier/service provider’s cancellation, The Romance may substitute a new supplier/service provider with advance notice to the client at its discretion, and any additional costs are to be paid by the Clients.
The Romance will pass on any price increases as a result of date changes to the client.
8. Liability
The Romance does not act as general contractor, but only as intermediary between the client and external suppliers. The Romance will not be liable and cannot be held responsible for any supplier/service provider’s performance or product, nor for any obligation that is delayed/not fulfilled and arising from the contracts between the client and third parties, including payment delays to the vendors.
The Romance is neither liable for inconveniences caused by acts of nature or responsible for the private belongings of the client, wedding guests or vendors, present at the event locations on the event day.
In the event, The Romance are unable to perform any specific tasks in the planning of a wedding, due illness or hospitalisation, all efforts are made to will do her best to find a substitute service.
The Client fully understand and agree that The Romance shall not be responsible or held liable in the event The Romance is prohibited from providing the services due to illness, hospitalisation, accident, transportation breakdown/disruption, traffic difficulties, acts of God such as inclement weather or other unforeseen impediments on the day of the event.
The client agrees that the accuracy of information supplied to The Romance is the sole responsibility of the client.
The Romance shall not be held responsible or held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by the clients.
The client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofing and accuracy.The Romance is not responsible for errors or omissions. Corrections will be made at no charge if they are brought to The Romance attention within 30 (thirty) days after project completion and acceptance, if applicable. Corrections are not to be construed with change.
9. Working Hours and Communication
The communication between the Client and The Romance will be done by e-mail, or during scheduled phone, Skype calls, or live meetings. The Romance shall respond to e-mails from the Client on a timely basis and in any event as soon as reasonably practicable, following receipt of such e-mails.
Communication of Information given via chat apps (like WhatsApp, Facebook, Pinterest or Instagram Messenger) or during phone calls or personal meetings need to be summarised and confirmed by email.
In case of discussions that cause contractual changes, the new stipulations will be outlined by For Love 7 Living in an annex to the present contract and submitted to the Client for signature. The changes take effect only after the annex is signed by both parties.
Calls can take place during the following timeframes, and need to be scheduled minimum 48 hours in advance: Mondays to Fridays: 8am- 5pm AEST.
Calls outside these timeframes need to be scheduled at least one week in advance.
10. Copyright, Social Media and Marketing
All images, designs and concepts created by The Romance are protected by copyright and remain our property.
Images are not to be used, replicated, published without our consent.
The Romance also reserves the right to use images taken by The Romance employees of our work for promotional material or use on The Romance social media and websites.