This Ceremony Agreement (the "Agreement") is made between Eric Schwartz (the "Officiant") and the clients identified above ("Clients" or "Client") with respect to Client's wedding or commitment ceremony scheduled as detailed above (the "Event"). SERVICES:
Officiant hereby agrees to render Wedding Officiant Services ("Services") for Client at the date, time and location as specified in this Agreement. SCHEDULE:
The "Ceremony Start Time" is considered the anticipated Start Time and not Guest "Arrival" or "Invitation" time. Client agrees that the Event shall begin within fifteen (15) minutes of the "Ceremony Start Time" as specified in the Agreement. CHANGES:
Changes to this Agreement including, but not limited to the date, time, and/or location of the Event must be communicated in writing by Client and approved by Officiant in writing before it is confirmed. FEES AND DEPOSIT:
A non-refundable deposit equal to one-hundred ($100) dollars is to be paid upon execution of this Agreement at which point Officiant will commence services. The full balance of any unpaid fees including ceremony fees, rehearsal fee, if applicable, and/or travel fees, if applicable, shall be received by Officiant prior to the start of the Event. If Client fails to remit payment as specified, Officiant shall have the right to immediately terminate this Agreement without further obligation to refund money, including the aforementioned deposit, or to perform Services at the Event.
Deposit is transferable to another date and time as long as Client requests change in writing at least seven (7) days prior to the Event date and Officiant is available. If Officiant is not available at the new date and/or time, all fees paid in excess of the Deposit will be refunded upon request from Client.
If the Event location (the "Venue") charges a fee for parking, Client is responsible to have Officiant's parking fee validated or to provide cash to cover the parking fee.
FORMS OF PAYMENTS:
Deposit may be made electronically via PAYPAL (no extra fees for using PayPal) or by CASH or CHECK. Payments by Client other than the Deposit shall be made by CASH or CHECK. Checks shall be made payable to Eric Schwartz.
Cancellations must be communicated in writing.
If written notice of Cancellation of Services is provided by Client at least thirty (30) days prior to the Event date, all fees paid in excess of the Deposit will be refunded.
If written notice of Cancellation of Services is provided by Client less than thirty (30) days prior to the Event date, Client shall be responsible for full payment of Services, except for travel fees, if applicable. If written notice of Cancellation of Services is not provided by Client, Client shall be responsible for full payment of Services, including travel fees, if applicable. If written notice of Cancellation of Services is provided by Client, Officiant shall be released to make commercially reasonable attempts to re-book the date and time of the Event.
MONEY BACK GUARANTEE:
If Client is not completely satisfied with the content and performance of their wedding ceremony and notifies Officiant in writing no later than two (2) calendar days after the ceremony date, 100% of all fees paid to the Officiant will be refunded. This guarantee applies only to The Love Story and Masterpiece Ceremony packages.
It is the Client's responsibility to acquire a valid marriage license, if applicable, in the state where the Event will take place and have the marriage license at the Event when the Services are rendered. Client agrees that failure to have a valid marriage license at the time of the Event means that the Officiant cannot legally perform the ceremony (California Family Code Section 421). Officiant will perform a symbolic ceremony, which will have no legal merit. If Client presents a Public Marriage License at least one witness must be present at the Event. If Client presents a Confidential Marriage License no witnesses are required to be at the Event. Officiant will complete and sign the marriage license on the day of the Event and will return the completed marriage license by United States Postal Service First-Class mail or equivalent within two (2) business days to the county recorder of the county in which the license was issued. (California Family Code Section 422-423) Client will not automatically receive a certified copy of their marriage license unless they request and pay for a certified copy from the County Clerk or County Recorder. In the event, the marriage license is not received by the county recorder; Officiant will cooperate with the Client and county recorder to resolve the issue. Cost for replacement license, if any, will be assumed by the Client. For privacy reasons, Officiant does not maintain copies of the marriage license.
If the Event includes a sand ceremony, unity candle, flower ceremony and/or any other special feature, Client is responsible for furnishing all equipment needed to perform such feature(s).
Client agrees that Officiant may use any images and stories from the Event for any means of promotion, including advertising and display on websites or blogs, unless otherwise stated by Client. Clients waive any right to payment, royalties or any other consideration for the use of the images or stories.
INJURY/LOSS BY GUESTS:
Officiant assumes no responsibility for injury, damages or losses incurred by the Client or event attendees. Officiant also assumes no responsibility for any food, beverage, ﬂoral arrangements, decorative items, either personal or professional, brought by anyone prior to, during, or after the Event. Client agrees to be responsible for all guests and attendees at the event and the acts of the guests and attendees. Client agrees to pay for any and all injury or damages arising out of the event, except to the extent of any negligence or misconduct by Officiant.
LIMITATION OF LIABILITY:
Clients agree that to the fullest extent permitted by law, Officiant shall not be liable for any claims for emotional distress, mental anguish, consequential damages, lost profit, loss of enjoyment, lost revenues, replacement costs, compensatory damages and/or punitive damages, whether or not foreseeable and/or arising from any negligent act or omission on the part of any person. Officiant's liability for any claim, breach or damage by reason of any act or omission shall be limited to repayment of sums paid by Clients only.
Clients agree to indemnify, defend and hold harmless Officiant and its employees, agents, independent contractors, officers, directors, members and/or managers for any injury, property damage, liability, claim or other cause of action arising out of and/or related to the actions of Client's or Client's guests.
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within seven (7) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of fourteen (14) days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.
FAILURE TO PERFORM SERVICES:In the unlikely event that the Officiant is unable to perform the ceremony for unforeseen circumstances (i.e. hospitalization, automobile accident, and/or transportation breakdown, etc.), Officiant shall be allowed to make reasonable attempts to provide a replacement Officiant at the same terms as the Agreement for Services. In event Officiant must cancel the Agreement for Services, Client shall be refunded the full fees paid for the Services.
SAFE WORK ENVIRONMENT:
The Officiant reserves the right to discontinue service in the event unsafe conditions arose such as areas affected by communicable diseases.
The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the State of California.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior agreements whether oral or written concerning the subject matter of this Agreement.