Client Service Agreement
A. The following Client Service Agreement (the “Agreement”) constitutes a legal and binding contract between Happily Maui’d LLC (“HM”, “Consultant”, “we”, “our” or “us”) and the Bride and Groom 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”). HM reserves the right to make changes to this Agreement without notice; any such changes will apply prospectively only.
B. By completing and submitting the Booking Form, 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 the following (collectively, the "Services") to Client on Client’s specified date: Assistance in coordinating wedding vendors, such as Florist, Minister, Videographer and Photographer. Assistance in choosing a beach location. Assistance in obtaining a marriage license, and securing beach use permit through the State of Hawaii.
Our Consultant shall arrive at the wedding location at an agreed upon time to meet the vendors prior to the start of the ceremony. The Client fully understand and agree that the Consultant shall not be responsible or held liable in the event the Consultant is prohibited from providing wedding day services due to illness, hospitalization, auto accident acts of God such as hurricanes, fire or inclement weather or other unforeseen incapacitation or other cause of non-arrival on the day of the wedding. The Consultant will make every attempt to notify the Client and provide for a substitute wedding consultant who can provide the services if time and resources permit. In any event, the Consultant, his agents and assigns shall NOT be held liable for any compensation or any damages (including punitive) due to non-performance of any services resulting from such incapacitation or non-arrival.
B. “Booking” means that we have received the following:
Completed and submitted Booking Form and
Payment of your non-refundable retainer fee of 50% (if your event is 90 days or more in the future) or the full amount (for Last Minute Events).
Payment is not considered made until the payment has cleared and is settled in our account.
OUR SERVICES WILL NOT COMMENCE, AND NO RESERVATIONS WILL BE MADE UNLESS AND UNTIL WE HAVE RECEIVED BOTH THE RETAINER FEE (OR FULL PAYMENT AS APPLICABLE) ALONG WITH THE BOOKING FORM.
3. OUR TEAM, VENDORS AND 3RD PARTY SERVICES
A. Agency. You understand and agree that by retaining HM to plan your event, you are engaging us as your limited agent. This means that we will retain and make payments to vendors in your name and on your behalf. You are responsible for full payment to all vendors and service providers prior to the day of your event. Upon full payment for your event, and upon your request, we will provide a list of vendors and service providers and their contact information.
B. Each vendor and service provider has its own change and cancellation policy, which will likely differ from ours (which are set forth in Sections 6 and 7 of this Agreement). Because we contract with vendors and service providers on your behalf, you will be bound to their change and cancellation policies.
C. 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 or 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 and every vendor and service provider in good faith to resolve any disputes that may arise.
D. We reserve the right to change vendors for any portion of the Services as we may deem necessary at any time up to the date of the event.
4. RETAINER PAYMENTS
A. You agree to pay us a non-refundable retainer fee in the amount set forth below at the time of Booking our Services. The contract between HM and Client, shall not come into effect until it has been submitted our Booking Form and the non refundable, non transferable retainer fee has been paid. We collect payment using an online payment processor (currently, it’s PayPal, but that is subject to change at any time). If for any reason your payment 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. At the time the contract takes effect and the non refundable non transferable retainer fee of 50% of the subtotal is received, HM shall reserve the date and time agreed upon and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that the Client cancels this contract for any reason, all monies paid shall be retained by Happily Maui'd LLC in order to offset it's loss of business.
Your reservation will not be valid until the retainer fee is paid. In addition, Happily Maui'd will begin scheduling the minister and, as applicable, other team members for your ceremony. Therefore, the Retainer fee is non-refundable.
B. Retainer amounts. If your event is 90 days or more after the date you are completing the Booking Form, you agree to pay us a non-refundable retainer in the amount of 50% of the fee amount, including any taxes and expenses at the time of Booking.
C. Last Minute Events. Any event Booked within 89 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 Last Minute Events are non-refundable.
D. Our prices are subject to change without notice at any time. Once your package is booked and secured with a retainer payment, you are guaranteed the price for the package you booked only. If you decide to change the package after you have booked you will be subject to current package pricing.
5. FINAL PAYMENTS
A. Your final balance must be paid in full 90 calendar days before your confirmed event date. We will send you an electronic invoice for payment before the payment due date. This payment is non-refundable.
B. 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 and phone using the email address and phone number you provide us on the Booking Form. If you provide credit or debit card information to HM at any time, including when you submit your reservation, then HM is entitled to charge to such credit or debit card any portion of the Booking that remains unpaid as of the 90th day before your reserved ceremony date. If you do not pay (or if we are unable to collect) the Retainer fee or final balance as specified above, then HM will cancel your reservation without giving you notice. If we are forced to cancel your event, we will apply your Retainer fee 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.
A. If you need to make a change of any kind to your event plans, you agree to notify us in writing (the “Rescheduling Notice”) immediately upon discovery of the need. We will make all reasonable efforts to coordinate your change (including rescheduling your event to another date), so long as you provide us with written notice (email is acceptable if sent to firstname.lastname@example.org) 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). 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. Rescheduling a ceremony for your desired date may not always be possible based on availability. Therefore, HM reserves the right to accept or reject a Rescheduling Notice in its sole discretion. Your Retainer fee and/or balance will be applied to the new date.
If the Client does change the date, time or location of the scheduled ceremony, and HM is unavailable to provide services, then the consultant 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 also forfeits the Consultant fee for non-compliance with this agreement.
B. Upon your request for a date change, we will assess a $350 Change Fee. In addition, vendors and service providers may have policies and fees which may result in additional fees and costs, which we will communicate to you. You agree to pay those fees as well as our Change Fee. HM is entitled to charge the Change Fee to any credit or debit card you have at any time provided to Happily Maui'd LLC.
A. You understand and agree that all retainers and fee 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.
You may cancel your ceremony only by written notice (the “Cancellation Notice”) sent to email@example.com. If you send a Cancellation Notice 90 or more calendar days before your reserved ceremony date, then you will not be responsible to pay the final balance. If you send a Cancellation Notice fewer than 90 calendar days before your reserved ceremony date, then you shall pay the final balance, which will become due immediately upon receipt of the Cancellation Notice. No-shows on the date of the reserved ceremony date are treated under the same terms as cancellations.
B. Unforeseen Circumstances. In some, very unusual or unique circumstances some items or Services may not be available due to circumstances which are unforeseen at the time of Booking, and which are out of our control. HM will make a reasonable effort to avoid cancelling a ceremony due to inclement weather, acts of God or any other reason outside its control; but if its effort fails, we will not bear any liability for its resulting cancellation of the ceremony; and you will not be entitled to a refund or any other form of compensation from HM. Instead, you will only be entitled to reschedule your ceremony for a date that is mutually agreeable to you and HM and that is within 12 months of the originally reserved date. Unforeseen circumstances include a vendor’s inability to provide services or products promised, or, cancellation of your event due to a force majeure-type event.
Example 7.B: 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 hurricane or a tornado. 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).
C. Weather. 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, HM 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 but this cannot be guaranteed and subject to availability.
A. Except as set forth above, all payments made to HM are non-refundable. We do not make exceptions to this policy for any reason.
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. The ceremony’s duration will typically be between 20-35 minutes. You understand that Happily Maui'd LLC must and will obtain a beach use permit from the State to be able to officiate your ceremony, which is issued for a specific two-hour timeframe that cannot be exceeded under State law. Therefore, you understand and agree that HM is not obligated to perform any services for you outside the timeframe indicated on such beach use permit. In addition, you understand that the duration of each service you booked is stated by reference to the scheduled start time of your ceremony. You understand and agree that HM is not obligated to extend the duration of any of the services you booked due to any delay caused by you in starting the ceremony at the scheduled time including, but not limited to, your late arrival. For example, if you book a one-hour photo session but are 30 minutes late to the ceremony, then the photographer may leave 30 minutes after the ceremony starts if, for example, he or she has another commitment to get to.
B. Beach Permits. Unless you have been advised otherwise, we will apply for beach permits 30 days before your event. You agree to pay a re-permitting fee of $100 in the event you relocate your event. Change Fees may also apply.
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 $70. 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.
A. Man-made confetti (including but not limited to confetti made of plastic, paper, foil or bio-degradable 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 Petal Toss 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 HM during the event, you agree to pay a cleaning fee of $250.
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 and all penalties, fines and fees which may result from your or your guests’ alcohol use during your event.
14. NON-COMPETE POLICY
A. By hiring HM 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 responsible for any vendors, items or services arranged through a 3rd party and not through HM. Arranging 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 (HM) on our Website(s) or Social Media Account(s).
B. If you have paid for photography or videography, HM photographer or videographer will only be available at the ceremony's location to take pictures starting at the ceremony’s reserved start time and ending no later than 90 minutes after the ceremony’s scheduled end time. HM will not be liable for failing to take the agreed number of photos or filming time if the failure is caused by you (including, but not limited to, your late arrival to the ceremony) or any other reason outside of our control. In addition, we will not be responsible for any loss of the photos or video taken during your ceremony due to theft, unforeseeable equipment failure or any other reason outside of our control.
You are responsible for identifying (or making someone available to identify) people/objects that you would like photographed or videotaped at the ceremony. HM will not be responsible for not photographing or videotaping desired people/objects if you do not assist (or make someone available to assist) with identifying or gathering people/objects for the photographs or video. Unless HM agrees otherwise in writing before the ceremony, our photographer will take pictures in high-resolution JPEG format using standard photographic equipment. If you paid for photography services, HM will retouch and color correct the images only as follows: rotating images; reducing red-eye; overall (i.e., applicable to the full image, not specific areas) lightening, darkening and minor white-balance color correcting. For the avoidance of doubt, retouching and color correction do not include photoshopping things into or out of the images, de-aging or wrinkle removal, air brushing specific areas of the images, or altering normal skin tones, blemishes or birthmarks. Unless HM agrees otherwise in writing before the ceremony, our videographer will take videos in HD digital format using standard videography equipment. You will receive, as applicable, only the edited images and video as detailed in this Agreement; you will not be entitled to receive negatives, digital negatives, raw footage or similar non-final work product of the photographer or videographer.
Copyright laws protect the photographs, videos, digital negatives and prints produced by the photographer and videographer, as applicable, that HM sends to your ceremony (the “Photos/Videos”). Once you have paid the final balance in full, you will have a limited copyright license of the Photos/Videos allowing you to make personal, non-commercial use of the Photos/Videos. You shall not assign, sell or otherwise transfer your limited copyright license in the Photos/Videos. HM reserves the right to use the Photos/Videos for its own advertising purposes; if you would rather we not do so, please let us know.
16. 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.
17. COMPLIMENTARY ITEMS OR SERVICES
A. “Complimentary” items offered as a part of any package are not guaranteed. While we do our best to provide the 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.
A. You agree to indemnify, defend and hold HM 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 guests failure to adhere to the restrictions set forth in Sections 12 (no man-made confetti allowed on the beaches) and 13 (no alcohol allowed on State property); (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 HM.
B. EXCEPT FOR THE INDEMNIFICATION OBLIGATION UNDER THE SECTION 18, 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.
This agreement shall be governed by the laws of the State of Hawaii.
A. All transactions between you and us are entirely confidential. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
20. PAYMENTS AND PAYMENT PROCESSING
A. We accept all major credit and debit cards through our payment processor (currently, PayPal and Stripe). 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 and vendors and service providers. For more information regarding a vendor or service provider and its terms and conditions that may apply, you may contact that vendor or service provider directly. Upon full payment and your request, you will be provided with the names and contact information for vendors and service providers associated with your package.