Clients Service Agreement
1. OVERVIEWA. The following Client Service Agreement (the “Agreement”) constitutes a legal and binding contract between Married with Aloha LLC (“MWA”, “we”, “our” or “us”) and Bride, {{client.name}} & Groom, {{client.altContact.firstName}} {{client.altContact.lastName}} named on the corresponding Booking Form. The Bride and Groom are collectively referred to herein as “you” or the “Client”. This Agreement is effective as of the date of submission of the Booking Form (the “Effective Date”).
B. By completing and electronically signing the Client Service Agreement, you affirm and agree that you have read, fully understand, and have agreed to this Agreement.
2. OUR SERVICES
A. As our “Services” to you, we will act as your exclusive provider of wedding and event consultation, planning, and coordination for your event in the State of Hawaii. The Services to be provided to you are described in detail in our Confirmation Letter, which is incorporated into this Agreement by reference as Exhibit A. You will receive the Confirmation Letter within 7 business days from completion of the Booking Form and Deposit or Full Payment. Should you find that the Confirmation Letter does not accurately reflect your order, you must contact us at once. You agree to notify us in writing within 48 hours after we send the Confirmation Letter of any error or discrepancy in the Confirmation Letter. Failure to adhere to this deadline will result in a Change Fee.
B. “Booking” means that we have received the following:
- Completed Booking Form
- Signed Contract
- Payment of your non-refundable deposit of 25% (if your event is 46 days or more in the future) or the full amount (for Last Minute Events).
3. OUR TEAM, VENDORS AND 3RD PARTY SERVICES
A. Agency | You understand and agree that by retaining MWA to plan your event, you are engaging us as your limited agent. This means that we will retain and make payments to vendors on your behalf. You are responsible for full payment before the day of your event.
B. Vendors | Each vendor and service provider has its own change and cancellation policy, which will likely differ from ours (which are outlined in Sections 6 and 7 of this Agreement). Because we contract with vendors and service providers (our team) on your behalf, you will be bound to their change and cancellation policies. Upon a confirmed booking, we pay our Vendors a 50% deposit of their fee on your behalf to retain them and/or their services for your event. The final payments are made to 3rd party vendors and service providers once your account is paid in full.
C. Guarantees | We have sourced vendors and service providers who we feel are responsible and reliable, but cannot and do not make any guarantees or warranties about their services. We will not be liable for the actions of vendors or service providers. In the event you are dissatisfied with their services, you agree to contact them directly. You agree to work with each vendor and service provider in good faith to resolve any disputes that may arise.
D. Changes | We reserve the right to change vendors for any portion of the Services as we may deem necessary at any time up to and including the date of the event.
4. DEPOSIT PAYMENTS
A. You agree to pay us a non-refundable deposit in the amount set forth below at the time of Booking our Services. We collect payment using an online payment processor (currently, it’s Square & PayPal but that is subject to change at any time). If for any reason your deposit is returned or disputed, you will be in breach of this Agreement, and our obligation to continue to provide our Services will end. In that event, you agree to pay us in full for any amounts that we may have incurred in providing you Services.
B. Deposit | If your event is 46 days or more after the date you are completing the Booking Form, you agree to pay us a non-refundable deposit in the amount of 25% of the fee amount, including any taxes and expenses at the time of booking.
C. Last Minute Events | Any event Booked within 45 days of the event date is considered a “Last Minute Event”. Payment in full for Last Minute Events is due immediately upon completion of the Booking Form. No reservations will be made and our Services will not start on Last Minute Events until the full payment has been received. All payments for a "Last Minute Event" are non-refundable.
D. Prices | Our advertised prices are subject to change without notice at any time. Any sales or discounts offered are for new bookings during the sale or discount period. The sale or discount price cannot be retrospectively added to an already confirmed booking. The advertised price at the time of booking your package and/or adding any additional items or services to your event is the price you will pay.
Why Deposit Payments are Non-Refundable? | A lot of time and effort goes into Booking and Planning events. When you book with us you are essentially commissioning us to work for you. The majority of the work that we do as planners is well in advance of the actual event and usually before any final balance is due. We all want your event to be perfect and that takes time and money. The deposit payment is used to secure vendors for your event by paying them a deposit on your behalf as soon as the booking is complete. The deposit payment is also used to plan your event which usually takes two people about 6-8 hours up to the 45 days before your event when the final balance is due.
5. FINAL PAYMENTS
A. Final Balance | Your final balance must be paid in full 45 calendar days before your confirmed event date. We will send you an electronic invoice for payment 2 days before the payment due date and a reminder 2 days after the payment due date. This payment is non-refundable.
B. Non Payment | If we do not receive payment of your final balance within 7 days after the final balance due date, we will attempt to contact you via email at the following email address: {{client.email}}. We will allow up to 48 hours for a response. If for any reason, we are unable to reach you using the contact information you provided or if we do not receive your final payment, your event will be canceled immediately without further notice. If we are forced to cancel your event, we will apply your deposit to any cancellation fees incurred on your behalf. You agree to pay any balance of any charges that we incur due to the cancellation of your event. We will invoice you for the balance and you agree to pay promptly upon receipt of the invoice.
Why Final Balance Payments are Non-Refundable? | As soon as we receive the final payment, whether this is on the due date or before we start to finalize preparations and pay for all services required for your event. The majority of these payments cannot be refunded to us, like, securing 3rd party vendors for your date, flowers that have been ordered well in advance, the required beach permits, and also the physical time invested in doing all of that.
6. CHANGES TO EVENTS & POSTPONEMENTS
A. Changes | If you need to make a change of any kind to your event plans, you agree to notify us in writing immediately upon discovery of the need. We will make all reasonable efforts to coordinate your change (including rescheduling your event to another date, see 6B), so long as you provide us with written notice (email is acceptable) no later than 30 days before the originally scheduled date of your event. Your written notice must clearly state your request for a change as well as a clear description of the change requested and the proposed date of rescheduling of your event (if applicable).
B. Fees | Upon your request for a date change (postponement), we will assess a $350 "Change Date Fee". If the postponement is within the 30 to 15 days of the event date then 50% of the original package price including any a la carte or additional items or services will also be due in addition to the "Change Date Fee". For this contract, this is known as the "30 Day Notice Penalty". Furthermore, the new date of your event may not be more than 12 months later than the originally scheduled date. Blackout dates apply and we do not guarantee the availability of the new date until booked. We cannot postpone any events 14 days or less before the event date.
C. Medical Emergency | If either the Bride or Groom named above and below are unable to travel due to a genuine medical emergency we will postpone the event. We agree to waive the "30 Day Notice Penalty" and the "Change Date Fee" as set forth above in section 6B. The medical emergency must be genuine and an official medical doctor letter explaining why it is inadvisable or impossible for either party to travel must be provided. This only applies to the Bride & Groom named above and below and not any other guests, including but not limited to family members, friends, or guests of any capacity. You agree to pay for any items or services that are either perishable or non-refundable before securing a new date. All deposits and/or final payments will be carried over to the new date.
7. CANCELLATIONS
A. Payments | You understand and agree that all deposit, partial and final payments are non-refundable, including in the event of cancellation, regardless of when the cancellation request is received. You agree to provide us with written notice of your request to cancel as soon as you learn of the need to do so.
A1. Unavailable Services | In some, very unusual or unique circumstances some items or services included or added to your package may not be available due to circumstances which are unforeseen at the time of booking, and which are out of our control. In the event that any part of our services becomes unavailable before or on your event day then MWA will refund you the portion of the contract amount attributable to the unavailable Service or replace it with a service of similar value.
B. Weather | All of our events are planned and scheduled in advance and, in most cases, cannot be rescheduled due to weather. That means that your event will proceed as planned, rain, or shine. In the event of rain, MWA will provide umbrellas at no additional charge to you. If in our sole reasonable opinion, the weather presents a threat to the health and safety of you or your guests, we will do our best to reschedule your event but this cannot be guaranteed and is subject to availability and our "Change Date Fee".
C. Force Majeure | Force majeure is related to the concept of an "Act of God," meaning an event for which no party can be held accountable, such as a severe weather event. Force majeure also encompasses human actions, however, such as armed conflict. Generally speaking, for events to constitute force majeure, they must be unforeseeable, external to the parties of the contract, and unavoidable (irresistible).
In the event of Force Majeure, we will postpone your event to a future date of your choice. The new date shall be subject to our availability and within 12 months of the original date. Also, we will waive any "Change Date Fee" outlined in section 6B, provided the new date is within 12 months of the original date. Your deposit and/or previous balance will be applied to the new date.
If the new date is after the 12 months a "Change Date Fee" of $350 will be assessed. If you decide to cancel your event completely and forgo the postponement offer then the deposit payment and/or Final Balance are non-refundable as set forth below in Section 8A.
Force Majeure events, for this agreement, are outlined below.
- Acts of God | Natural disasters including, and limited to Tornadoes, Hurricanes, Tsunami, Flooding & Earthquakes that pose an actual and real danger or risk on the date of your event and where we agree that we cannot offer the services promised or booked and continuing with the event as planned is inadvisable, illegal, or impossible.
- Acts of Governments | If you cannot legally travel to Hawaii due to an "act of government" it must be proved that travel was inadvisable, illegal, or impossible.
- Wars & Conflicts | Wars & Conflicts that pose an actual and real danger or risk on the date of your event and where we agree that we cannot offer the services promised or booked and continuing with the event as planned is inadvisable, illegal, or impossible.
- Pandemics, Epidemics, Virus Outbreaks & Communicable Diseases | For this to constitute a Force Majeure event it has to be joined with an "Act of Government" and travel to Hawaii must be deemed as inadvisable, illegal, or impossible.
8. REFUNDS
A. All payments made to MWA are non-refundable. We do not make exceptions to this policy for any reason. Please see Sections 4 & 5 for more information.
9. TRANSFER OF SERVICE
A. This Agreement and our Services are personal in nature and may not be gifted, transferred, or assigned by you to any other party. Any attempt to assign, gift or transfer any Services constitutes a breach of this Agreement and will not be honored. If we suspect that you have attempted to sell, transfer, or give away any of our Services to a 3rd party we reserve the right to cancel the Services including any event reservations.
10. COMMERCIAL ACTIVITY PERMITS
A. Package prices include all permit fees required by the State of Hawaii.
B. Beach Permits | Unless you have been advised otherwise, we will apply for beach permits once your Booking is confirmed. You agree to pay a re-permitting fee of $100 in the event you relocate, postpone, or change the time of your event. Change Date Fees may also apply (see 6B).
C. Guest Limit | Our maximum number of guests at any event will not exceed 20. No Exceptions. We clearly state on each package on our website and other literature the maximum number of guests allowed. DLNR (Dept. of Land and Natural Resources) strictly enforces this law and guest numbers at events. You, therefore, agree that your guest count will be 20 people or less. If your guest count on the day is more than 20 people we have the right to not proceed with the event until the legal guest limit is met.
11. MARRIAGE LICENCE
A. You are solely reasonable for applying, paying for, and obtaining your marriage license. The fee for a marriage license is currently $65. Upon booking, we will send you detailed instructions to assist you in obtaining your marriage license. You must bring the completed marriage license with you to the ceremony. The officiant may lawfully refuse to perform the ceremony if you do not have your completed marriage license at your ceremony. Failure to bring the marriage license to the ceremony may result in rescheduling the event and a $350 Change Fee.
12. CONFETTI
A. Man-made confetti (including but not limited to confetti made of plastic, paper, foil, or biodegradable materials) is prohibited from use on the beach by the State of Hawaii as it causes environmental damage to the land and the ocean. We enforce and comply with this regulation by offering our Flower Shower Service, which uses live rose petals.
B. If you or any of your guests bring, carry, toss, or otherwise use confetti from a source other than MWA during the event, you agree to pay a cleaning fee of $250.
13. ALCOHOL
A. Alcoholic beverages of any type are prohibited from beaches by the State of Hawaii. That means it is illegal for us to sell, serve, or even to be aware of you or your guests consuming or carrying alcoholic beverages of any type while on Hawaii State Property, including all beaches, parking, beach access, etc. For a full list of Hawaii State Park Rules please Click Here. If your package includes a Non-Alcoholic Sparkling Cider Toast, sparkling cider may be served and consumed on the beach and other State property.
B. You agree that neither you nor any of your guests will bring or consume alcoholic beverages on Hawaii State Property and during your event. You agree to be responsible for any penalties, fines, and fees that may result from your or your guests’ alcohol use during your event.
14. NON-COMPETE POLICY
A. By hiring MWA as your exclusive full-service event planner and coordinator, you agree that any items or services to be provided at your event will be booked through us. You agree not to hire competing vendors or service providers for your event.
B. We cannot and will not be held responsible for any vendors, items, or services arranged through a 3rd party and not through MWA. Arranging or hiring any 3rd party vendors, items, or services without our prior consent or knowledge is strictly prohibited under this agreement. A 3rd Party Vendor Charge of $250 per vendor will be assessed.
15. PHOTOGRAPHY & VIDEOGRAPHY
A. If you selected Photography and/or Videography as Services to be included in your package, you hereby grant us and the Photographer and/or Videographer, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future website. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. Note: We will never sell your images to a 3rd party. Any use will be by us (MWA) on our Website(s) or Social Media Account(s).
16. CEREMONY START TIME
A. Your Event is Scheduled to start at {{job.start | shortTime}} and end at {{job.end | shortTime}} on {{job.start | mediumDate}}. Our beach permits are only valid during that time and on that date. Our Team allocated for your event may need to leave at the pre-scheduled time. We cannot be held responsible if you are late or absent for any reason.
17. TRAVEL
A. You agree to check and verify all travel directions and travel times before your event as roads, travel conditions, or timing may have changed. We recommend, when possible to visit the ceremony location prior to the event date to familiarize yourself with the location, parking, and travel. We cannot be held responsible for travel issues on the day which may result in delays to the ceremony start time.
B. We advise you to allow yourself a few days (at least 48-72 hours) after your scheduled arrival time in Hawaii before your Event. You agree that we cannot be held responsible for any delay, postponement, or cancelation of your event due to travel-related issues. You agree that any issues resulting in a postponement of your original event date will result in additional Change Fees as set forth above in section 6 A & B.
18. ADDITIONAL CHARGES OR OVERAGES
A. There are absolutely no hidden charges or fees. However, some vendors and service providers will be reserved for a specific period of time and will charge an additional fee if your event exceeds that set period of time. You acknowledge this and agree to be responsible for any charges related to overage or extensions of time. Upon our learning of the additional charge, we will advise you of the same and give you the option to either pay the service provider directly or to pay us as your agent to distribute the funds on your behalf. You may also have the option of paying the vendor or service provider at the time the overage or extension occurs.
19. COMPLIMENTARY ITEMS OR SERVICES
A. “Complimentary” items offered as a part of any package are not guaranteed. While we do our best to provide a complimentary item or service, we are not responsible for complimentary items that are not provided. No refunds or credits will be extended in the event complimentary items are not delivered.
20. LIABILITY
A. You agree to indemnify, defend and hold MWA and its officers, directors, employees, and agents harmless from and against any and all third party claims, losses, liabilities, damages, expenses, and costs, including attorneys’ fees and court costs, arising out of your event.
Your obligation pursuant to this Section specifically includes (a) your breach of any provision of this Agreement; (b) penalties, fines, fees, or levies assessed as a result of your or your guest's failure to adhere to the restrictions outlined in Sections 12 (no man-made confetti allowed on the beaches) and 13 (no alcohol allowed on State property) and 10 (Permit and Guest Limit); (c) additional charges assessed by vendors or service providers due to your changes or behavior; and (d) property damage, illness, bodily injury or death to third parties, you or your guests at your event unless such property damage, illness, bodily injury or death is directly and solely caused by actions of MWA.
B. Except for the indemnification obligation under section 20, in no event, shall either party be liable under this agreement to the other party for any incidental, consequential, indirect, statutory, special, exemplary, or punitive damages, including, but not limited to, lost profits, loss of use, loss of time and inconvenience regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if advised of the possibility of such damages or such damages could have been reasonably foreseen.
C. This section shall survive the termination of the Agreement.
21. PRIVACY POLICY
A. All transactions between you and us are entirely confidential. We do not sell or distribute any of your information to any other party. For more information on the privacy of your information, please see our Privacy Policy, which can be found on our website (www.marriedwithaloha.com).
22. PAYMENTS AND PAYMENT PROCESSING
A. We accept all major credit and debit cards through our payment processor (currently, Square & PayPal). All information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
B. Payment processing companies and vendors and service providers may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies.