This contract is for wedding officiant services between Marry You in Hawaii (hereinafter “Officiant”) and Client (hereinafter “Client”). Collectively, Officiant and Client will be referred to as the “Parties.” Client hires Officiant for wedding ceremony officiatiating services according to the terms set forth below.
1. Conditions
This Agreement will not take effect, and Officiant will have no obligation to provide services, until: (a) Client returns a signed copy of this Agreement; (b) Client pays the initial Retainer called for under Paragraph 4; and (c) Officiant acknowledges acceptance of Client by counter-signing this Agreement. Upon satisfaction of these conditions, this Agreement will be deemed to take effect.
2. Scope of Services
Client hires Officiant to perform Client’s wedding. Officiant will provide the following services:
- Officiate Wedding Ceremony, customized to individual couple.
- File Wedding License (if needed) with the Department of Health, State of Hawaii upon conclusion of ceremony.
Collectively, the services to be performed by Officiant will be referred to as the “Services.”
3. Marriage License
Before the Wedding, Clients are responsible for applying for and obtaining a valid marriage license in the jurisdiction where the marriage ceremony will be performed. Clients understand that the Officiant will not perform a marriage ceremony without a valid marriage license presented to the Officiant at the Wedding and Prior to the Wedding Ceremony Start Time. By entering into this Agreement, Officiant undertakes no obligation to obtain or assist with obtaining a marriage license for Clients. If Officiant does not perform the marriage ceremony due to Clients failure to provide Officiant with a valid marriage license at the prior to the Wedding Ceremony Start Time, Officiant’s failure to perform the marriage ceremony shall not constitute a breach of any term, condition or obligation owed by Officiant under this Agreement.
If Clients are legally married prior to Offician’s performance of the marriage ceremony, Clients will provide a copy of the filed marriage license to the Officiant prior to the start of the marriage ceremony.
Vow renewals and commitment ceremonies do not require a marriage license.
4.Total Price
Client agrees to pay Officiant Total Price as outlined in service invoice (hereinafter “Total Price”) for the services and Deliverables considered in this Agreement. Client agrees to make this payment within three (3) days from the date Officiant sent the invoice to Client. Client understands that Officiant will not provide services or begin work until payment is received. Client Agrees to pay this invoice by debit or credit card through the website.
5. Cancellation
Requires full payment
a. Client understands that the Total Price is non-refundable for any reason. Client also understands that couples typically will book Officiant up to twelve months in advance, and should Client cancel or postpone the Wedding Date, Officiant likely cannot recuperate lost income from that date.
6. Postponement
Client understands that postponement and rescheduling creates an increase in work for Officiant. Client understands that postponement prevents Officiant from booking new clients on Client’s new wedding date, creating an income limitation for Officiant. As such, Client agrees Officiant will only permit one postponement, complimentary. If Client postpones Wedding Date more than once, Client agrees to Officiant’s new rate structure and fees and understands that they will be liable for both the original Total Price and a new contract package and pricing accordingly. Client agrees that if the future wedding date is not within the same calendar year of the wedding date in this contract the Client is subject to the Officiant’s new rate structure and fees.
7. Additional Services
Client may request additional services beyond those considered in this Agreement. Officiant has listed here some additional services along with their fees. Client agrees to pay those fees should Officiant perform those additional services. For any services not listed, Client may request additional services. Upon such request, Officiant will provide Client with a quote for an additional fee for the requested services. If the terms are agreeable, the Parties agree to add these services to a new agreement that will supplement this Agreement. Officiant will invoice Client for the total due for any additional agreements at the same time Planner sends Client the invoice for the last Payment considered in Paragraph 4 “Total Payment” of this Agreement. If the parties reach an agreement after Client has already fully paid for the Services under this Agreement, then Client agrees to pay the invoice for additionally requested services either within three (3) days from the date the invoice is sent or before the requested services are to be provided by Planner, whichever of these is to occur first. Here is a list of specified additional costs. Client agrees that any costs not specifically mentioned will be billed at the cost incurred to Officiant.
a. Client agrees to pay Officiant’s beach permit fee of $75.00 + tax
8. Officiant Substitution
In the unlikely event of severe personal illness or other circumstances beyond the control of Officiant, which precludes Officiant’s ability to be present on the Wedding Date or to otherwise perform under this Agreement, Officiant will make a good faith attempt to retain a substitute, qualified officiant. Client agrees that the substitute officiant may perform any duties that would otherwise be an obligation of Officiant and that performance by the substitute officiant will not constitute a material breach of this Agreement.
9. Inclement Weather
Client understands and agrees that Officiant will continue all service coverage under any and all weather conditions. The only exceptions to this are (1) dangerous weather conditions that prevent the Officiant, Client, and Client’s agents from safely entering a location or area, such as, but not limited to, tsunamis, hurricanes, avalanches, mudslides, rockslides, wildfires, monsoons, tornadoes, etc., (2) other location or area closures due to forces outside the control of the parties, or (3) locations or areas deemed unsafe under the sole discretion of Officiant. In the event of such occurrence, Officiant will work with Client to find another mutually agreeable location for the Wedding on the same date. Client understands and agrees that some alternate locations are impossible to provide service at due to limitations and timelines surrounding licensing and permitting. Client agrees to relieve and hold Officiant harmless for all circumstances regarding weather-related location changes.
10. Harassment
The Officiant maintains the right to a safe and harassment-free working environment. Harassment shall include, but not be limited to the following behaviors by the Client, the Client’s wedding party, the Client’s guests, the Client’s family, and the Client’s vendors: overuse of foul or graphic language; sexual advancement or insinuation; non-consensual physical touch, physical force or violence; yelling; repeated phone calls, texts or emails that supersede reasonable levels of communication; bullying; name calling; general lack of cooperation, not following processes and belittling of the duties the Officiant has been hired to perform.
Officiant will notify Client if any such violations occur. Client then agrees to immediately cease such offenses, if Officiant is the offender. If the Client is not the offender, Client agrees to provide a warning to the offender and, if the offenses do not immediately cease upon notification to the offender, remove them from the Events. Under such occurrences, Officiant reserves the right to terminate service coverage immediately and/or leave the Events. Client agrees to relieve and hold Officiant harmless as a result of incomplete wedding coverage, or for a lapse in the quality of Officiant’s work, and Client shall be responsible for payment in full.
11. Safe Working Environment
Client understands and agrees that Officiant is always to be provided a safe work environment and that Client complies with all health and safety laws, directives, and rules and regulations. Client understands and agrees that during the Ceremony they and their agents shall not carry weapons or firearms, be exposed to severe illness, or request Officiant to do anything illegal or unsafe. Further, Officiant will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under such occurrences, Officiant reserves the right to terminate service coverage immediately and/or leave the Ceremony. Client agrees to relieve and hold Officiant harmless as a result of incomplete wedding ceremony, or for a lapse in the quality of Officiant’s work, and Client shall be responsible for payment in full.
12. Photography and Recordings
Unless otherwise specified, Officiant shall have the right to include photographic or artistic representations of the Services for use in marketing, promotion, and public relations materials. Client grants Officiant and Officiant’s successors, assigns, licensees, and designees, the right to use all such materials in any medium of expression for marketing promotion, and/or public relations purposes, without any claims against Officiant or Officiant’s successors, assigns, licensees, and designees concerning the use (or non-use) of the above-described materials.
13. Limit of Liability
Liability shall be limited to the Total Price. Except as prohibited by law, Officiant shall not be liable to Client or to any other person or entity for any general, punitive, special, indirect, for consequential or incidental damages, or lost profits, or any other damages, costs or losses arising out of the Officiant’s services, materials, or products, including attorney’s fees and related expenses of litigation and arbitration. Except as prohibited by law, to the extent there is liability found as to the Officiant, such recovery is limited to the amount the Client paid for materials, products, or services.
14. Force Majeure
The Parties shall not be liable nor be deemed to have defaulted on or breached this Agreement in whole or in part when such failure is caused by results from one of the following: acts of God; natural disasters including fires, explosions, earthquakes, hurricanes, flooding, or storms); epidemics or pandemics; wars, invasions, or hostilities; terrorist threats or acts, riot or other civil unrest; government orders or laws, actions, embargoes, or blockades; national or region emergencies; strikes, labor stoppages, or other industrial disturbances, collectively these are referred to as “Force Majeure Events.”
When one party is unable to perform (the “Impacted Party”) due to a Force Majeure Event, that party agrees to give notice to the other party within seven (7) days of the Force Majeure Event. The Impacted Party agrees to use diligent efforts to perform under the Agreement and ensure the impact of the Force Majeure Event is minimized. The Impacted Party shall resume the performance of their obligations as soon as reasonably practicable. In the event that the Impacted Party’s failure or delay remains uncured for seven (7) days following the original notice, the other party may thereafter terminate this Agreement with notice via email.
15. Release of Liability and Assumption of the Risk
Client is aware of risks associated with regard to in-person events in light of the novel COVID-19 virus, also known as coronavirus (hereinafter “Virus”). Client understands that in-person activities and events may be dangerous and lead to serious injury, hospitalization, or death of Client and/or Client’s wedding guests, or other vendors. Client also understands that any individual attending the wedding or event may be asymptomatic and unaware of their status.
Officiant will take reasonable efforts that fall within their normal duties to prevent the spread of the Virus. However, Client understands that best efforts to prevent the spread of the Virus and best efforts to abide by local, state, and federal guidelines and mandates may still be insufficient to limit the spread of the Virus.
Client is voluntarily participating in the Event with knowledge of the risks involved. Client releases, waives, and discharges Company of all liability from any and all claims for damages or liability, whether caused by any active or passive negligent act or omission of Officiant or of Officiant’s agents, employees, or contractors. This release and waiver extends to all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown.
Client will indemnify, and hold harmless, and defend Officiant from and against any and all liabilities, damages, losses, costs, and expenses payable to third parties that pay result from any claims by third parties that they contracted COVID-19 at the event considered in this Agreement.
16. Attorney's Fees
Should any litigation be commenced between the parties to this Agreement, concerning any provision of this Agreement or the rights and obligations of any party, the prevailing party shall be entitled reimbursement of a reasonable sum of their attorney's fees in such litigation which shall be determined by the Court in such litigation or in a separate action brought for that purpose.
17. No Waiver
No waiver of any default by any party or parties to this Agreement shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated.
18. Article Headings
All article, paragraph, and section headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction, or effect of this Agreement or any of the provisions thereof.
19. Severability
If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.
20. Modification by Subsequent Agreement
This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them.
21. Governing Law
This Contract shall be governed by and interpreted under the laws of the state of Hawaii
22. Venue
The Parties agree that any dispute that may arise as related to this Agreement shall be brought in a court within Honolulu, Hawaii.
23. Sole and Only Agreement
This Contract contains the entire understanding between the parties with respect to the subject matter and supersedes any and all other prior written Contracts and understandings (whether oral or written) between the parties. No amendment or modification of this Contract shall be effective unless executed in writing by both parties.
24. Counterparts
This Agreement may be executed in counterparts, and if so executed and delivered, all of the counterparts together shall constitute one and the same Agreement. A facsimile signature may be treated as an original, and each party agrees to deliver to the other party an original executed Agreement within seven (7) days of execution.
I, undersigned Client, hereby warrant that I am of full age and have every right to contract in my own name in the above regard. I state further that I have read the above authorization and release prior to the execution and that I am fully familiar with its contents.
Last updated: 10/15/2020