Terms and Conditions
Background
A. The Client is of the opinion that the Contractor (celebrant) has the necessary qualifications, experience and abilities to provide services to the Client.
B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
In consideration of the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “parties” to the Agreement) agree as follows:
Services provided
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The Client hereby agrees to engage the Contractor to provide the Client with the following services (the “Services”):
a. Civil Celebrant
2. The Services will also include any other tasks which the parties may agree on. The Contractor hereby agrees to provide such services to the Client.
Term of Agreement
3. The term of this Agreement ( the ”Term”) will begin on the date of the signed contract of Agreement and will remain in full force and effect until the completion of the services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties but may only be extended once for the period of the Agreement.
4. In the event that either Party wishes to terminate this Agreement, prior to the completion of the services, written notice must be provided to the other Party.
Performance
5. The Parties agreed to do everything necessary to ensure that the terms of this Agreement take effect.
Currency
6. Except otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.
Payment
7. The Contractor will charge the Client as stated in the signed Contract of Agreement for the Services (“the Payment”).
8. A booking fee of 50% is payable by the Client upon signing the Contract of Agreement.
9. Only one discount can be applied and is solely applicable to the ceremony fee and excludes any additional charges. This is at the discretion of the Contractor.
10. Any subsequent changes to your requirements such as: a change of ceremony location or date; significant additional content; a rehearsal; or additional travel; accommodation may incur additional costs. Changes will be discussed with you and any increase in price must be paid before the ceremony takes place. Please be advised that any additional amendments to your ceremony will not be accepted within 4 weeks of the ceremony date unless in exceptional circumstances agreed in writing.
11. The Client will pay the remaining amount to Contractor 5 weeks prior to the Services being delivered.
12. All payments made by the Client are non-refundable.
13. The Contractor will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the payment and the Contractor will indemnify the Client in respect of any such payments required to be made by the Client.
Reimbursement of expenses
14. The Contractor will be reimbursed for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services.
15. All expenses must be pre-approved by the Client in writing.
Return of property
16. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or confidential information which is the property of the Client.
17. In the event of this Agreement is terminated by the Client prior to completion of the Services the Contractor will be entitled to Recover from the site or premises where the Services were carried out, any materials or equipment which is the property of the Contractor or where agreed between the Parties, compensation in lieu of recovery.
Independent Contractor
18. In providing the Services, under this Agreement, it is expressly agreed that the Contractor is acting as an independent Contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Right of substitution
19. Except as otherwise provided in this Agreement, the Contractor may, at the Contractors absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
20. In the event that the Contractor hires a sub-contractor:
a. The Contractor will pay the sub-contractor for its services and the Payment will remain payable by the Client to the Contractor.
b. For the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.
Autonomy
21. Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision-making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
Equipment
22. Except as otherwise provided in this Agreement, the Contractor will provide at the Contractors own expense, any and all tools, equipment, raw materials, supplies and any other items or parts necessary to deliver the Services in accordance with the Agreement.
Non exclusivity
23. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free during and after the term, to engage or contract with third parties for the provision of Services similar to the Services in this Agreement.
Indemnification
24. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by the applicable law, each Party agrees to indemnify and hold harmless to the other Party. Any and all claims, losses, damages, liabilities, penalties, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying Party that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
Modification
25. Any amendment, modification or additional obligations assumed by either Party in connection with this Agreement will only be binding if agreed in writing by each Party or an authorised representative of each Party.
Assignment
26. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without prior written consent of the Client.
Governing Law
27. This Agreement will be governed by and construed in accordance with the laws of England.
Severability
28. In the event that any of these provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Waiver
29. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
You may contact Ceremonies with Jane-Marie by email at info@ceremonieswithjanemarie.com
These Terms and Conditions were created on August 1st 2022.