terms & conditions
CLIENT SERVICE AGREEMENT
nani weddings & events / Hamburg Altona Holding LLC
1. OVERVIEW
A. The following Client Service Agreement (the “Agreement”) constitutes a legal and binding contract between Hamburg Altona Holding LLC, doing business as nani weddings & events (“nani weddings & events”, “we”, “our” or “us”), and the client named on the corresponding Invoice and Booking Form (“you” or the “Client”).
This Agreement becomes effective upon receipt of the required deposit or full payment, as applicable, and submission of the completed Booking Form (the “Effective Date”).
B. By checking the acceptance box and submitting the Booking Form, you confirm that you have read, understood and agreed to the terms of this Agreement.
2. OUR SERVICES
A “Booking” is considered confirmed once we have received:
- the required deposit or full payment, as applicable; and
- the completed Booking Form.
Payment is not considered made until the funds have cleared and are settled in our account.
OUR SERVICES WILL NOT COMMENCE, AND NO RESERVATIONS WILL BE MADE, UNLESS AND UNTIL WE HAVE RECEIVED THE REQUIRED DEPOSIT OR FULL PAYMENT, AS APPLICABLE.
Any deposit paid will be applied toward the total contracted amount and is subject to the cancellation terms set forth in Section 5 of this Agreement.
3. OUR TEAM, VENDORS AND THIRD-PARTY SERVICES
A. You expressly authorize nani weddings & events to act as your limited agent solely for the purpose of contracting and coordinating services with third-party vendors on your behalf.
Unless otherwise expressly stated, nani weddings & events is not a party to separate vendor-client agreements and assumes no liability for the acts or omissions of independent third-party vendors.
B. By retaining nani weddings & events to plan or coordinate your event, you authorize us to retain vendors and make payments to vendors in your name and on your behalf.
You are responsible for full payment of all contracted vendors and service providers in accordance with the payment schedule provided to you.
Upon request and after full payment, we may provide you with the names and contact information of vendors and service providers associated with your event.
C. Each vendor and service provider may have its own change, cancellation and refund policy. Because we may contract with vendors on your behalf, you agree to be bound by any applicable vendor terms and cancellation policies in addition to the terms of this Agreement.
D. We make reasonable efforts to work with responsible and reliable vendors. However, we cannot guarantee or warrant the performance of independent third-party vendors and are not responsible for their acts, omissions, delays or failure to perform.
In the event of a dispute relating solely to the performance of an independent vendor, you agree to make reasonable efforts to resolve the matter directly with that vendor.
E. We reserve the right to replace a vendor or service provider where reasonably necessary, including because of illness, emergency, availability issues or other circumstances outside our reasonable control. Where possible, we will provide a substitute offering comparable services.
4. CHANGES
A. Client-Requested Changes
If you need to make a change to your event plans, you agree to notify us in writing as soon as reasonably possible. Email notice is acceptable.
We will make reasonable efforts to accommodate requested changes, including requests to reschedule your event, provided that written notice is received at least 30 days before the originally scheduled Event Date.
Any rescheduled event must take place within 12 months of the original Event Date.
Blackout dates may apply, and availability of any requested new date is not guaranteed.
Payments already made will be applied toward the rescheduled event, subject to any additional vendor fees, permit fees, venue fees, price differences or other costs resulting from the requested change.
B. Change Fee
An approved date change is subject to a $350 Change Fee.
Third-party vendors, venues and government agencies may impose additional rescheduling, cancellation, rebooking or permitting fees. The Client is responsible for all such additional costs.
5. CANCELLATION
A. Cancellation by Client
All cancellation requests must be submitted to us in writing. Email notice is acceptable.
The effective cancellation date will be the date on which we receive your written cancellation notice.
If the Client cancels the Event:
More than 12 weeks before the Event Date:
A $350 administrative cancellation fee will apply.
12 to 8 weeks before the Event Date:
50% of the contracted total will be due and non-refundable.
Less than 8 weeks but at least 4 weeks before the Event Date:
75% of the contracted total will be due and non-refundable.
Less than 4 weeks but at least 2 weeks before the Event Date:
90% of the contracted total will be due and non-refundable.
Less than 2 weeks before the Event Date:
100% of the contracted total will be due and non-refundable.
The $350 administrative cancellation fee applies only to cancellations made more than 12 weeks before the Event Date and will not be charged in addition to the percentage-based cancellation fees listed above.
Taxes, administrative fees, permit fees, venue fees and other fees or costs that have already been incurred or are otherwise non-refundable will not be refunded.
The Client is also responsible for all non-refundable deposits, cancellation fees, change fees or other charges imposed by third-party vendors contracted on the Client’s behalf.
The cancellation policy stated herein represents a reasonable estimate of the costs and losses nani weddings & events may incur as a result of cancellation, including administrative and planning services already performed, reservation of the Client’s Event Date and the reduced likelihood of rebooking the reserved date. These cancellation charges are not intended as a penalty.
B. Unforeseen Circumstances / Force Majeure
Certain products, vendors, venues, locations or services may become unavailable due to circumstances beyond our reasonable control.
Such circumstances may include, without limitation, hurricanes, severe weather, natural disasters, wildfires, pandemics, government restrictions, changes in law or regulations, armed conflict, terrorism, vendor emergencies or other circumstances that could not reasonably have been anticipated or avoided.
If a specific service becomes unavailable, we will make reasonable efforts to provide a suitable alternative or substitute.
If no reasonable substitute is available, any refund or credit will be limited to the portion of the contracted amount attributable to the unavailable service, less any fees, deposits, vendor costs or other expenses that have already been incurred or are non-refundable.
C. Weather
Events are planned and scheduled in advance and generally cannot be rescheduled solely because of rain, wind or unfavorable weather.
Events will therefore proceed as planned whenever reasonably possible.
If, in our reasonable judgment, weather conditions create a material safety risk for the Client, guests, vendors or our team, we may modify the location, timing or other event arrangements where reasonably possible.
Rescheduling due to weather cannot be guaranteed and remains subject to availability as well as any additional vendor, permit, venue or other costs.
6. REFUNDS
Except as expressly provided in Section 5, payments are subject to the cancellation schedule contained in this Agreement.
Any refund due under this Agreement will exclude non-refundable third-party costs, taxes, administrative fees, permit fees, venue fees and other amounts already incurred on the Client’s behalf.
No refund will be due for services already performed before the effective cancellation date.
7. TRANSFER OF SERVICES
This Agreement and the Services provided under it are personal to the Client and may not be sold, gifted, transferred or assigned to another person without our prior written consent.
Any unauthorized attempt to transfer, sell, gift or assign Services may constitute a breach of this Agreement and may result in cancellation of the affected Services or Event reservation.
8. COMMERCIAL ACTIVITY PERMITS & VENUE FEES
A. Package prices do not include government permit fees, venue fees or other location-specific charges unless expressly stated otherwise in the Client’s Invoice or Booking Confirmation.
For beach weddings, nani weddings & events will obtain the required commercial activity permit and provide the required event insurance where included in the selected package. The applicable permit and insurance fee will be charged separately.
For weddings held at private venues, including the Ānuenue Garden, a separate venue fee may apply.
B. If the Client requests a change of location after a permit has already been obtained or a private venue has already been reserved, additional permitting, venue or change fees may apply.
A $100 re-permitting fee may be charged in addition to any government permit fees and any applicable Change Fee.
9. MARRIAGE LICENSE
A. The Client is solely responsible for applying for, paying for and obtaining a valid Hawaiʻi Marriage License.
Upon Booking, we will provide detailed instructions to assist you with the application process.
The Client must complete all required steps with the State of Hawaiʻi and provide all information required for the legal marriage ceremony.
nani weddings & events and its licensed Wedding Officiants may lawfully refuse to perform a legal marriage ceremony if the required Marriage License has not been properly obtained.
Failure to obtain the required Marriage License may result in the ceremony being treated as symbolic only, rescheduled where reasonably possible or otherwise modified.
Additional Change Fees, vendor fees or other costs may apply.
10. CONFETTI
A. Man-made confetti, including but not limited to plastic, paper, foil or biodegradable manufactured confetti, is prohibited on Hawaiʻi beaches and may violate applicable environmental or permit regulations.
To protect the beaches and ocean environment, only items specifically approved by nani weddings & events may be used during the ceremony.
Where available, we may offer our Flower Shower Service using natural flower petals.
B. If the Client or any guest brings, carries, throws or otherwise uses unauthorized confetti during the Event, the Client agrees to be responsible for any resulting fines, permit violations, cleanup expenses or other charges.
A $250 cleaning fee may also be assessed where additional cleanup is required.
11. ALCOHOL
A. Alcoholic beverages may be prohibited on Hawaiʻi State property, including many beaches, parks, parking areas and beach-access areas.
nani weddings & events will not provide or knowingly permit alcoholic beverages in locations where their possession or consumption is prohibited.
Non-alcoholic beverages may be served where permitted.
B. The Client agrees that neither the Client nor the Client’s guests will bring or consume alcoholic beverages in violation of applicable laws, regulations, permit requirements or venue rules.
The Client is responsible for any penalties, fines, fees or other costs resulting from violations by the Client or the Client’s guests.
12. EXCLUSIVE VENDOR & THIRD-PARTY SERVICES POLICY
A. Where nani weddings & events is retained as the Client’s full-service planner or coordinator, the Client agrees that vendors, products and services forming part of the planned Event will be booked through nani weddings & events unless otherwise approved by us in writing.
B. nani weddings & events cannot be responsible for vendors, products or services arranged independently by the Client without our knowledge or approval.
If the Client wishes to retain an outside vendor independently, prior written approval from nani weddings & events is required.
An approved outside vendor may be subject to a Third-Party Vendor Charge of $250 per vendor to cover additional coordination, communication and administrative work.
13. PHOTOGRAPHY & VIDEOGRAPHY
A. If Photography and/or Videography Services are included in your package or otherwise booked through nani weddings & events, you grant nani weddings & events, the Photographer and/or Videographer, and persons authorized by us, a non-exclusive, worldwide, royalty-free license to use photographs and video footage created during your Event for our website, portfolio, social media accounts, partner websites and promotional materials.
This may include cropping, editing, resizing and adapting the images or footage for those purposes.
B. We will not sell your wedding photographs or video footage to unrelated third parties.
Use will be limited to nani weddings & events, our authorized marketing channels and relevant business partners.
14. ADDITIONAL CHARGES OR OVERAGES
We do not intentionally charge undisclosed or hidden fees.
Some vendors and service providers are reserved for specific periods of time and may charge additional fees if the Event exceeds the reserved duration.
The Client agrees to be responsible for any additional charges resulting from overtime, extensions or services requested beyond the originally contracted scope.
Where possible, we will notify the Client of such charges as soon as we become aware of them.
The Client may be required to pay the relevant vendor directly or may pay nani weddings & events to remit the payment on the Client’s behalf.
15. COMPLIMENTARY ITEMS OR SERVICES
Items or services expressly described as “complimentary” are provided as a courtesy and are subject to availability.
Complimentary items and services are not guaranteed and have no cash or refund value.
If a complimentary item or service becomes unavailable, no refund, credit or substitution is required, although we may offer a substitute at our discretion.
16. LIABILITY
A. To the fullest extent permitted by applicable law, the Client agrees to indemnify, defend and hold harmless nani weddings & events and its officers, directors, employees, contractors and agents from third-party claims, losses, liabilities, damages, expenses and reasonable attorneys’ fees arising from:
(a) the Client’s material breach of this Agreement;
(b) penalties, fines, fees or other charges resulting from the Client’s or the Client’s guests’ failure to comply with the restrictions described in Section 10 (Confetti) and Section 11 (Alcohol);
(c) additional charges assessed by vendors or service providers as a result of the Client’s requested changes, conduct or failure to comply with applicable requirements; or
(d) property damage, illness, bodily injury or death caused by the Client or the Client’s guests, except to the extent directly caused by the negligence or wrongful conduct of nani weddings & events.
B. Except for obligations that cannot legally be limited or excluded, neither party will be liable to the other for incidental, consequential, indirect, exemplary, special or punitive damages arising out of or relating to this Agreement, including lost profits, loss of use, loss of time or inconvenience.
C. This Section survives termination of the Agreement.
17. PRIVACY POLICY
Information provided to nani weddings & events will be handled in accordance with our applicable privacy practices.
We do not sell personal information to third parties.
Information may be shared with vendors, payment processors, government agencies or other service providers where reasonably necessary to perform the contracted Services, process payments, obtain permits or complete the legal marriage process.
18. PAYMENTS, TAXES AND PAYMENT PROCESSING
A. We accept payment methods made available by our current payment processor.
Payment-processing providers may collect information including the Client’s name, billing address, payment information and other transaction details.
Their privacy and data-handling practices are governed by their own terms and policies.
B. Package prices are subject to applicable Administrative Fees and Hawaiʻi Taxes as stated on the Client’s Invoice or Booking Confirmation.
Permit fees, venue fees and other applicable location-specific charges may be billed separately.
C. Unless otherwise stated on the Invoice, the standard payment schedule is:
50% upon Booking and 50% no later than 12 weeks before the Event Date.
If the Booking is made less than 12 weeks before the Event Date, full payment may be required at the time of Booking.
D. Failure to make required payments by the applicable due date may result in suspension or cancellation of Services and vendor reservations.
Any resulting cancellation will remain subject to Section 5 of this Agreement.
19. GOVERNING LAW
This Agreement will be governed by and interpreted in accordance with the laws of the State of Hawaiʻi, without regard to conflict-of-law principles, except to the extent that mandatory consumer-protection laws applicable to the Client provide otherwise.
To the extent legally permissible, any legal action relating to this Agreement will be brought in Honolulu County, Hawaiʻi.
20. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, that provision will be enforced to the maximum extent permitted by law.
The remaining provisions of this Agreement will remain in full force and effect.
21. DISPUTE RESOLUTION
In the event of a dispute, the parties agree first to make reasonable efforts to resolve the matter amicably and in good faith.
Before initiating formal legal proceedings, either party may propose non-binding mediation or another mutually agreed informal dispute-resolution process.
Nothing in this Section prevents either party from pursuing any remedy available under applicable law if the dispute cannot be resolved informally.
