THE VOW EXCHANGE EVENTS TERMS & CONDITIONS (2019)
THE VOW EXCHANGE EVENTS TERMS & CONDITIONS
This Agreement is between The Vow Exchange, LLC, a Missouri limited liability company, and its successors and assigns (the “Vendor”) and the undersigned Client (“Client”).
PAYMENT, CANCELLATION AND REFUND POLICY
DEPOSITS & PAYMENTS:
The Client shall pay the full package price for all “MINI” ceremonies. The deposit shall be applied to the total cost of the package but is NOT transferable to a different venue location.
The Client shall pay for their entire package or service(s), in full, no later than midnight 14 days prior to their event date. If the Client fails to pay the full payment when due, then the Vendor may cancel all or portions of its (and its vendors’) services.
CANCELLATIONS & REFUNDS:
The Client may not cancel their service(s) or package except as provided in this agreement.
The Client may cancel their service(s) any time prior to 14 days before their event date and, upon such cancellation, the Vendor shall be entitled to retain (or if not yet paid, payment of) the applicable deposit plus an amount equal to the Vendor’s out of pocket expenses.
The Client may cancel their event, providing their event is 90 minutes in length or longer, any time on or after 14 days before their event date and, upon such cancellation, the Vendor shall be entitled to retain (or if not yet paid, payment of) the total amount payable by the Client for the event.
If the Client cancels their service(s) as permitted in this agreement, then the Vendor (a) will refund the Client any sums which it holds in excess of the amount it is entitled to retain under this agreement and (b) may immediately make the Client’s event date and time available to other customers.
The agreement of the Vendor to host the ceremony including officiating, photography, flowers and designated venue is subject to proven delays and/or cancellations by accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, the Vendor will use commercially reasonable efforts to find a replacement. If the Vendor be unable to secure a replacement to host the ceremony resulting in a legal marriage, Client shall receive a full refund.
PACKAGE AND EVENT CHANGES:
The Client may only make changes to their service(s) or package as provided in this agreement.
Changes to service(s) & packages – The Client may request to change their service(s) package to a comparable or higher-tier service(s) or package at any time prior to 14 days prior to their event date and the Vendor will use commercially reasonable efforts to accommodate the request but is not obligated to do so. If a Client requests to change their service(s) or package, all payments including non-refundable deposits shall apply to the newly selected service(s) or package.
Changes to event dates – The Client may request to change their event date to another available event date at any time prior to 14 days prior to their event date and the Vendor will use commercially reasonable efforts to accommodate the request but is not obligated to do so. If a Client requests to change their date, all payments including non-refundable deposits shall apply to the newly selected date. All deposits and payments are not transferable to a different client for a changed date.
EVENT COORDINATION SERVICES:
• Ceremony Coordination
The Onsite Coordinator (for events including this service) is not responsible for behavior of individuals in processional, ceremony & recessional such as crying/shy flower girl/ring bearer, participant(s) not following instructions, participant(s) standing off center etc.
• Ceremony Music
Packages including ceremony coordination are offered the option to include 2 songs in the ceremony, one for the processional and one for the recessional. Ceremony music will be queued by the Onsite Coordinator.
• Celebration Activities
Packages including a Cake & Champagne or Bottles & Bites reception offer the option for celebration activities such as special dances (i.e. couple's first dance, etc.) and toasts. The Vendor will provide a recommended schedule for the event to accommodate celebration activities within the allotted time. The Vendor is not responsible for missed celebration activities due to a late start of the event.
• Event Customizations & Details
Packages including ceremony and/or reception coordination require that all details for the event are to be submitted through the provided digital questionnaire. The questionnaire must be completed in its entirety and can not be combined with previously completed questionnaires, verbal requests or emails sent to the Vendor. The event details will be based on the most recent version of the questionnaire submitted.
• Event Customizations & Details Submission Deadline
Packages including ceremony and/or reception coordination require that the final Customizations & Details be submitted via the provided digital questionnaire no later than midnight 14 days prior to the event. Information submitted less than 14 days prior to our event requires a rush fee of $50 for scheduled service providers to accommodate last minute preparations or changes. The rush fee is due upon the late submission request. The most recent submission or the Vendor default arrangements for non-existing submissions will be used for unpaid rush fees.
CEREMONY SERVICES:
• Marriage License
A valid marriage license is required from the State in which the ceremony is hosted. The marriage license must be on the premises when the ceremony is performed. Ceremonies performed with incorrect or missing legal documents will be a symbolic ceremony only and will have no legal merit.
• Ceremony Items
Items used in ceremony (such as unity candle, sand ceremony vessels, etc.) are the responsibility of the Client and must be small enough to set on a small table.
PHOTOGRAPHY SERVICES:
• Photography Coverage
Photography coverage for packages including photography services begins upon the access to venue & concludes at the end of the event time. Photography coverage time can not be made up due to late arrival to the venue.
• Candid Photography
Packages including photography services include candid shots of pre-ceremony activity, the ceremony, and post ceremony activity. The Vendor’s representatives and photographer are not responsible for behavior of individuals in processional, ceremony & recessional such as crying/shy flower girl/ring bearer, participant(s) standing off center, or any other behavior that may disrupt photography taken at these times.
• Posed Photography
Packages including photography services include a posed photo session with family and couple. The Client is invited to communicate their desired group combinations for posed photography to the photographer at the event. The Vendor’s representatives and photographer are not responsible for participant(s) behavior in captured images or capturing combinations not specified by the couple.
• Outside Photography
Packages including photography services include the option for outside photography during daylight hours only & weather permitting. Evening events in the fall & winter will not include outside shots due to lack of daylight.
• Gallery Delivery
Packages including photography services include a digital gallery containing roughly 200+ images to be delivered 5 weeks post event and not sooner.
• Gallery & Image Editing
Packages including photography services include image editing limited to edited selections (no blurry, closed eyes, obstructions, etc.) and overall lighting & color adjustments and DOES NOT include photo corrections of imperfections (including acne, exposed bra straps, or other imperfections).
• Gallery & Image Quality
Packages including photography services will not offer guaranteed gallery quality with the presence of a second shooter or videographer. Second shooters & videographers compromise the photographer’s ability to capture key moments.
FLOWER SERVICES:
• Flower Delivery
Service(s) & packages including flowers include delivery of flowers to the Client’s ceremony venue and will be available upon access to the venue. Flowers can not be delivered to a different site nor delivered prior to the start of the event for pick up.
• Decorative Flowers
The Vendor is not available to provide decorative flower arrangements for the venue or for post event celebrations.
• Flower Consultation
All flower customizations included in service(s) & packages with flowers will be managed directly with the Vendor and not with the florist. The florist will not be available for consultation for arrangements included in the package. Arrangements made directly with a florist (affiliated or not affiliated with the Vendor) will be billed separately by the florist and is not included in the package booked with the Vendor. The Vendor is not accountable for flower arrangements arranged outside of the package including delivery to the venue.
• Flower Accompaniments
The Vendor does not offer flower accompaniments such as ribbon, pins, baskets, etc. for personal flower arrangements.
FOOD & BEVERAGE
• Outside Beverages
The Vendor does not sell or provide any alcohol to clients or their guests. The Client may supply their own alcohol, provided their event is private and not open to the public. If the Client purchases a package that offers alcohol services, then the bartending vendor used by the Vendor will be responsible for all alcohol served and the Vendor shall not be held liable for any alcohol-related claims or lawsuits resulting from such alcohol service.
• Outside Food
The caterer or cake provider for the Vendor is not available to provide additional items (such as additional food dishes, cakes, cupcakes, groom's cake or similar) for packages including catering or cakes.
• Cake Consultation
All cake customizations included in the 3 Tier Cake package will be managed directly with the Vendor and not with the cake provider. The cake provider will not be available for consultation for cakes included in these packages. Arrangements made directly with a cake provider (affiliated or not affiliated with the Vendor) will be billed separately by the cake provider and are not included in the package booked with the Vendor. The Vendor is not accountable for cake(s) arranged outside of the package.
• Cake Delivery
Packages including cakes include delivery of cake to the ceremony venue and will be available upon access to the venue. The cake can not be delivered to a different site nor delivered prior to the start of the event for pick up.
LIMITATION ON LIABILITY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE VENDOR HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE VENDOR SHALL NOT BE LIABLE UNDER THIS AGREEMENT FOR CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES. THE VENDOR’S LIABILITY UNDER THIS AGREEMENT (SAVE IN RESPECT OF ANY LIABILITY CAUSED BY IT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) SHALL NOT EXCEED THE AMOUNT PAID TO IT UNDER THIS AGREEMENT.
THE VENDOR SHALL NOT BE LIABLE FOR ANY ACTION OR OMISSION OF CLIENT, CLIENT’S GUESTS OR INVITEES, OR ANY THIRD-PARTY, INCLUDING WITHOUT LIMITATIONS INDEPENDENT CONTRACTORS WORKING IN OR ON THE PREMISES USED FOR CLIENT’S EVENT.
Additionally, the Client shall protect, defend, indemnify and hold the Vendor and its affiliates and related parties, as well as each of such entities’ owners, directors, officers, managers, employees, and contractors, harmless, from and against any and all expenses, claims (including third party claims), actions, liabilities, losses, and damages of any kind whatsoever, resulting or arising out of all acts or omissions by the Client, its guests, and invitees, constituting fraud, willful misconduct, bad faith, or negligence. Without limiting the foregoing, this indemnification shall apply and cover all forms of damage to and/or destruction of personal and private property caused by the Client, its guests, and invitees.
MISCELLANEOUS
This Agreement sets forth the complete and entire agreement between the parties relating to the subject matter in this Agreement and supersedes all other discussions, negotiations, proposals, and agreements, whether oral or written, previously discussed or entered into, by the parties relating to the subject matter in this Agreement.
This Agreement may only be amended using a written (or digital) document signed by all of the parties.
The failure or delay by a party to exercise any right or remedy in this Agreement shall not operate as a waiver of that right or remedy. A waiver of a misrepresentation in or breach of this Agreement shall not constitute a waiver of a subsequent misrepresentation or breach. A waiver of a misrepresentation in or breach of this Agreement shall not be effective unless it is in writing and signed by the waiving party.
Each term of this Agreement shall be treated as separate and independent from the other terms in this Agreement and the unenforceability of one term shall not impair the enforceability of the other terms. If a court with competent jurisdiction declares any time period or scope in this Agreement unenforceable, then such time period and/or scope shall be adjusted to a time period and/or scope that the court deems reasonable.
This Agreement and the rights and obligations in this Agreement may not be assigned by a party without the prior written consent of the other parties, except that the Vendor may assign this Agreement and its rights and obligations in this Agreement pursuant to a merger, acquisition, or other change of control.
This Agreement shall be governed by and construed in accordance with Missouri law, excluding its conflict of law principles. For any dispute arising out of or relating to this Agreement, the parties consent to jurisdiction in and the exclusive venue of the state and federal courts in Jackson County, Missouri. The parties each waive trial by jury in all actions, proceedings, and counterclaims brought by either party against the other on any matter arising out of or in any way connected or related to this Agreement.
This Agreement may be signed using electronic signatures, which shall be deemed valid and effective for all purposes with the same force and effect as if such electronic signature were ink-signed.