A. The following Client Service Agreement (the “Agreement”) constitutes a legal and binding contract between Hamburg Altona Holding LLC (“nani weddings & events”, “we”, “our” or “us”) and client named on the corresponding Invoice. The Client is collectively referred to herein as “you” or the “Client”. This Agreement is effective as of the payment of the deposit and the submission of the Booking Form (the “Effective Date”).
B. By completing and electronically paying the non-refundable deposit, you affirm and agree that you have read, fully understand and have agreed to this Agreement.
2. OUR SERVICES
“Booking” means that we have received the following:
• Payment of your non-refundable deposit or full-payment as applicable.
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 THE DEPOSIT (OR FULL PAYMENT AS APPLICABLE).
3. OUR TEAM, VENDORS AND 3RD PARTY SERVICES
A. You understand and agree that by retaining nani weddings & events 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 your request (after full payment), 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 5 and 6 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.
A. If you need to make a change of any kind to your event plans, you agree to notify us in writing 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) 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. Your deposit and/or balance will be applied to the new date.
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.
A. You understand and agree that all deposit 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. Notice of cancellation less than 12 weeks prior to contracted date will result in a cancellation fee of 50% less than 10 weeks prior to contracted date will result in a cancellation fee of 75%, less than 8 weeks prior to contracted date will result in a cancellation fee of 90% and less than 4 weeks prior to contracted date will result in a cancellation fee of 100%. In the event of a cancellation, a $250 nonrefundable administrative fee will be retained from any paid deposit (additional nonrefundable cancellation fees will apply where a third party is involved).
The cancellation policy stated herein represents a reasonable estimate of the loss suffered by nani weddings & events in the event of a cancellation of the Agreement, as compensation for the reservation of Client’s original Event date and for services already rendered by nani weddings & events prior to the rescheduling, and nani weddings & events’ likely loss from inability to rebook an event on the original Event date, and is not intended to be a penalty.
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. In the event that any part of our Services becomes unavailable before or on your event day then we will refund you the portion of the contract amount attributable to the unavailable Service. Deposits and fee payments are non-refundable. 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 5.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 pandemic. Force majeure also encompasses human actions, such as armed conflict, acts of terrorism or acts of governmental authorities such as expropriation, condemnation, and changes in laws and regulations. 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. 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 us are non-refundable. We do not make exceptions to this policy for any reason, except as set forth in Section 5.B.
7. 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.
8. COMMERCIAL ACTIVITY PERMITS
A. Package prices include all permit fees required by the State of Hawaii.
B. Beach Permits. Unless you have been advised otherwise, we will apply for beach permits your event. You agree to pay a re-permitting fee of $100 in the event you relocate your event. Change Fees may also apply.
9. MARRIAGE LICENCE
A. You are solely reasonable for applying, paying for and obtaining your marriage license. The fee for a marriage license is currently $65. 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. We 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 Flower Shower Service, which uses live petals.
B. If you or any of your guests bring, carry, toss or otherwise use confetti from a source other than us 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. 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.
12. NON-COMPETE POLICY
A. By hiring us 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 us. 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.
13. 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 on our Website(s) our partner’s websites or Social Media Account(s).
14. 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.
15. 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 nani weddings & events 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 8 (no man-made confetti allowed on the beaches) and 9 (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 nani weddings & events.
B. EXCEPT FOR THE INDEMNIFICATION OBLIGATION UNDER THE SECTION 16, 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.
A. All transactions between you and us are entirely confidential. We do not sell or distribute any of your information to any other party.
18. PAYMENTS AND PAYMENT PROCESSING
A. We accept all major credit and debit cards through our payment processor (currently, Square). 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.
19. GOVERNING LAW
This Agreement shall be governed by and the rights, duties and obligations of the Parties shall be determined and enforced in accordance with the laws of the State of Hawaii. The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be brought in Honolulu County, Hawaii.
If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way.