Just Marry! Online Wedding Agreement
THIS AGREEMENT IS YOUR WEDDING EVENT CONTRACT – PLEASE READ IT CAREFULLY
By using Just Plan!, our online wedding planning service, selecting and submitting your desired wedding options using our electronic signup form, and clicking “I Agree”, you agree to follow and be bound by this Online Wedding Event Agreement (“Agreement”). In this Agreement, the words “Client” “you” and “your” refer to the individual who submitted their wedding options to us electronically using our online signup form and clicked “I Agree”; “Just Marry!” “we” “us” and “our” refers to Just Events! Group, Inc. d.b.a. Just Marry!; and “Services” refers to all wedding event services provided by us as contemplated within this Agreement.
You, the Client, wish to be provided Services by Just Marry! and Just Marry! agrees to provide the Services to you in accordance with the terms and conditions of this Agreement. Therefore, in consideration of the mutual covenants and promises contained herein, and intending to be legally bound, Just Marry! and Client (collectively the “Parties”) agree as follows:
I. SERVICES. You hereby employ Just Marry! to perform the following services (collectively the “Services”) with respect to your wedding.
a. Selection of Wedding Options: On our Site, we have provided you with options for your wedding, including your wedding location, ceremony location, floral selection, wedding décor, photographer/videographer, officiant, ceremony music, style of services, rehearsal requests, and post ceremony requests, amongst other available options. By selecting your desired options and submitting them to us electronically, you agree to be bound to those selections and expressly agree that these selections will to be incorporated into this Agreement. Upon electronically submitting your selections, you will be redirected to a confirmation page that will display all of your selected options. Additionally, you will receive a confirmation e-mail providing you with instructions on how to log onto your online event profile on our Site. Please review this confirmation page, verify all details, and notify us promptly at the e-mail address listed below if there are any errors in this information. Once you have paid for your selections, they will become final. If you make any changes to your selection after you have paid for them, you will be responsible for any additional charges we incur. Additionally, any requests for changes are subject to availability.
b. Additional Wedding Options: You may add additional wedding options on the Site until 3 days prior to the wedding. You must submit immediate payment for any additional wedding options that you add within the forty-five (45) day period prior to the wedding. Please note that any additional wedding options you select are subject to availability. You agree and acknowledge that the unavailability of an additional wedding option within the 45 day period prior to the wedding does not constitute a breach of this Agreement by Just Marry!
c. Additional Services: In addition to the options you selected and electronically submitted on our Site, you may request and we may agree to provide additional services to you. This may include services provided by Just Marry! or services provided by vendors which we facilitate on your behalf.
d. Additional Provisions regarding Wedding Options
i. Venue, Time, Date – Please note that, because we do not control the venue, we cannot guarantee the availability of the venue on the date and time you selected and electronically submitted using our Site. Accordingly, once we receive your submission, a member of our staff will confirm the availability of your requested venue, date, and time and will notify you once these details have been confirmed. Upon confirmation, you will be required to pay a deposit as outlined in Section II(b) below. We will hold the venue for the date and time you request as a courtesy for a period of up to ten (10) days pending our receipt of the deposit. If we do not receive the deposit within this time, your reservation will be cancelled and the venue released.
ii. Ceremony Time – It is very important that you are prompt for your ceremony because your site is reserved and your service providers are hired for a specific amount of time. Service providers will arrive at the ceremony site at least fifteen (15) minutes prior to your scheduled time. They will wait for your arrival one half (1/2) hour past your scheduled ceremony start time. Beyond this one half (1/2) hour, the service providers will leave. You agree and acknowledge that your fee will not be refunded if you miss the ceremony start time.
iii. Floral and Décor Requests – Floral and décor prices are not inclusive of delivery and set-up fees. These fees will be added to your final order for floral and décor costs. We will make every effort to fulfill the floral and décor requests that you selected and electronically submitted on our Site. However, due to seasonal availability, unexpected price increases due to industry fluctuation, or other unforeseen circumstances or occurrences beyond our control, we may be unable to satisfy your requests. By using our service, you expressly acknowledge that any changes necessary due to such circumstances shall not constitute a breach of this Agreement by Just Marry!
iv. Rehearsal – Some venues include rehearsals with their site fees while others do not. Please review your ceremony location carefully to determine whether your site fees include a rehearsal. If your site does not include a rehearsal, a rehearsal can be provided for an additional $200.00 and is based upon availability. The unavailability of a rehearsal shall not constitute a breach of this Agreement by Just Marry!
v. Marriage License – A valid Florida marriage license is required to be legally married in Florida. Obtaining a valid Florida marriage license is your responsibility. Additional information on obtaining a valid Florida marriage license is available on our Site.
II. FEES AND DEPOSIT.
a. Fee Amount. As consideration for the provision of the Services, you agree to pay Just Marry! the sum of fees for all itemized services as listed on the Site (the “Fees”). Upon electronically submitting your selections, you will be redirected to a confirmation page that will display all of your selected options. Additionally, you will receive a confirmation e-mail providing you with instructions on how to log onto your online event profile on our Site. It is your responsibility to review the confirmation page, verify all details, and notify us promptly at the e-mail address listed below if there are any errors in this information.
b. Deposit Required and Full Payment. Just Marry! will require a deposit equal to 50% of the Fees (the “Deposit”) to be paid by you within ten (10) days of the execution of this Agreement. The Deposit is non-refundable. The Deposit will be applied to the Fees. You agree to pay the balance of the Fees no later than forty-five (45) days prior to the wedding date, unless otherwise agreed upon in writing by the Parties. If you fail or refuse to pay the balance of the Fees within ten (10) days prior to the wedding date, Just Marry! will not provide the Services to you and Just Marry! shall be released from any and all liability and responsibility regarding the Services to you under this Agreement, which refusal to perform the Services shall not constitute a breach of this Agreement by Just Marry!
III. EXPENSES. If the wedding location is outside the three county area generally considered to be Orlando, you will be responsible for travel charges at the rate of .55 per mile. Additionally, you will be responsible for any incidental expenses, such as postage, long distance phone calls, courier services, and other similar expenses incurred by Just Marry! These expenses will be invoiced and due and payable upon receipt.
IV. BILLING AND PAYMENT. Just Marry! shall invoice you for the Services upon confirmation of your wedding event details and you agree to pay for the Services you selected in accordance with Section II. Just Marry! shall invoice you for any additional services or expenses as they are incurred. Final payment is due forty-five (45) days prior to the event for the services to be guaranteed. Additional services can be added until three (3) days prior to the wedding based on availability. Payment for any additional wedding options or additional services will be due immediately. Because all items are custom made and service providers are contracted, items paid for forty-five (45) days prior to the wedding cannot be changed or cancelled and Just Marry! will not issue any refunds for paid items. You agree to pay Just Marry! a monthly finance charge of 15% per annum, or the highest interest rate allowable by law (whichever is less), of any Fees or other amounts that you owe that are not paid when due. You hereby agree to pay all costs of collection, including reasonable attorney fees and court costs, incurred by Just Marry! if legal action is instituted by Just Marry! against you for breach of your payment responsibilities under this Agreement. Any amounts paid to Just Marry! after the due date must be paid by cashier’s check or money order. Checks should be made payable to Just Marry! for Fees, related products and incidental expenses.
V. TERM. This Agreement shall be effective on the Effective Date and shall continue until the completion of the wedding unless terminated sooner in accordance with the terms of this Agreement.
VI. TERMINATION. If you terminate this Agreement and/or cancel the wedding for any reason more than thirty (30) days before the date scheduled for the wedding, you will forfeit the Deposit paid to Just Marry! and you shall reimburse Just Marry! for all outstanding out-of-pocket expenses incurred by Just Marry! through the date of termination. If you terminate this Agreement and/or cancel the wedding for any reason within thirty (30) days of the date scheduled for the wedding, the full Fees are payable to Just Marry! and you shall reimburse Just Marry! for all outstanding out-of-pocket expenses incurred by Just Marry! through the date of termination. If you elect to terminate this Agreement, you must send us notice in writing via e-mail and/or U.S. mail at the notice address provided below.
VII. INCLEMENT WEATHER. Just Marry! agrees to reserve a guaranteed indoor alternate location in the event of inclement weather. You are responsible for making the decision to change an outdoor function to indoor, or choosing to remain outdoors, at least four (4) hours prior to the wedding. If, in Just Marry!’s sole discretion, the weather would result in an unsafe environment for staff, vendors, or guests, Just Marry! retains the right to move the event to the indoor location. Should you or Just Marry! direct the venue to move the wedding indoors, you shall be responsible for any additional charges related to such move.
VIII. CLIENT RESPONSIBILITIES.
a. You are responsible for the cost of replacement of any property or items lost, stolen, damaged or destroyed by you, your employees, guests, invitees, or agents at the wedding. You are not responsible for damage to any property caused by the negligence or willful misconduct of Just Marry! or its contractors, agents, workers, employees, or associates.
b. You are responsible for all additional charges that pertain to the use of the facilities or venues used for the wedding, including but not limited to installation charges for any special materials or equipment, etc. You will be responsible for all in additional house labor and/or equipment required by the venue, including, but not limited to security, unless specified otherwise in writing.
c. You are responsible for the activities that take place at the wedding and for conduct of your employees, guests, invitees, and/or agents at the wedding. Just Marry! reserves the right to terminate all Services during the wedding if Just Marry!’s employees, contractors and/or agents reasonably believe they are threatened or if any activities that may arise during the wedding would place them in risk of any unreasonable danger or peril.
IX. INDEMNIFICATION. Each party (the “Indemnifying Party”) agrees to indemnify, defend and hold the other party and its affiliates and their respective 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 the Indemnifying Party’s (i) (gross) negligence or willful misconduct or (ii) its material breach of any of the terms of this Agreement. The Indemnifying Party’s liability under this Section shall be reduced proportionally to the extent that any act or omission of the other party, or its employees or agents contributed to such liability. The party seeking indemnification shall provide the Indemnifying Party with prompt written notice of any claim and give complete control of the defense and settlement of the Indemnifying Party, and shall fully cooperate with the Indemnifying Party, its insurance company and its legal counsel in its defense of such claim(s). This indemnity shall not cover any claims in which there is a failure to give the Indemnifying Party prompt notice, to the extent such lack of notice prejudices the defense of the claim.
X. LIMITATION OF LIABILITY. EXCEPT FOR THE PARTIES INDEMNIFICATION OBLIGATIONS UNDER SECTION 12 OF THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BY 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, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND COSTS OF COVER, 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. SUBJECT TO THE CLIENT’S OBLIGATION TO PAY THE FEES TO JUST MARRY!, EACH PARTY’S ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO SERVICES OR THIS AGREEMENT WILL BE LIMITED TO AN AMOUNT EQUAL TO THE SUM OF THE FEES PAID BY CLIENT FOR THE SERVICES. This section shall survive the termination of the Agreement. Just Marry! assumes no liability due to the quality of items or services purchased for the Client. Just Marry! is not responsible for vendors goods or services, their timely delivery, or their availability.
XI. FORCE MAJEURE. Neither party shall be liable for delay or failure in the performance of its obligations under this Agreement, except for the payment of money, if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, inclement weather, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, terrorism, civil commotion, or labor disputes. Each party shall use reasonable efforts to notify the other party of the occurrence of such an event within three (3) business days of its occurrence.
XII. RELATIONSHIP OF THE PARTIES. Just Marry! and its employees, subcontractors, agents and personnel performing any Services on your behalf are independent contractors and are not your employees. Just Marry! will carry all insurance necessary to comply with the workmen's compensation and employer's liability laws of the state(s) in which Just Marry! and its personnel will perform the Services for you, and Just Marry! will be responsible for any applicable payment and withholdings of any salary, benefits, incentives, and any other compensation or taxes relevant to the personnel it provides to perform the Services here under. Nothing in this Agreement, and no course of dealing between the Parties, shall be construed to create or imply an employment or agency relationship or a partnership or joint venture relationship between the Parties or between one party and the other party’s employees or agents. Just Marry! will not take any action or sign any agreement on your behalf without your prior written consent, and Just Marry! will not represent to any third parties that it has the power to bind you.
XIII. GOVERNING LAW AND VENUE. This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to the principles of conflicts of law of such state. The Parties hereby agree that any action arising out of this Agreement or the Services will be brought solely under the relevant courts located in the in any state or federal court located in Orange County, Florida. Both parties hereby submit to the jurisdiction and venue of any such court. THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.
XIV. ATTORNEYS FEES. If any legal action is commenced related to, or arising out of, this Agreement, the prevailing party in such action shall recover all costs of defending or prosecuting the action, including, without limitation, all court or arbitration costs or mediation costs and reasonable expert fees and attorneys' fees.
XV. SEVERABILITY. If any clause or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining clauses or portions shall remain in full force and effect.
XVI. NO ASSIGNMENT. Neither this Agreement, nor any right or interest herein, may be assigned, in whole or in part, without the express written consent of the other party. Any purported assignment that is not expressly permitted by this clause shall be null and void.
XVII. WAIVER. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of either party to enforce any clause of this Agreement shall not be construed as a waiver or modification of such clause, or impairment of its right to enforce such clause thereafter.
XVIII. ENTIRE AGREEMENT; MODIFICATION. This Agreement, including the Exhibits hereto, is the entire agreement between the Parties with respect to its subject matter and supersedes any prior agreement or communications between the Parties, whether written or oral relating hereto. No representation, inducement or promise has been made or relied upon by either party, unless expressly set forth in this Agreement. This Agreement may be modified only by a written amendment signed by authorized representatives of both parties.
XIX. NOTICE. All notices, claims, demands, and other communications between the parties shall be in writing. All notices to you shall be provided by U.S. mail and/or e-mail to the postal and/or e-mail address you submitted to us electronically. All notices to us shall be provided via U.S. mail to: 4700 Millenia Blvd, Suite 175, Orlando, FL 32839 and/or electronic mail to: Susan@justeventsgroup.com
Photos By: Ginger Midgett Photography, Regina Hyman Photography, Randy Chapman Photography, Rhodes Studios, Jennifer Werneth Photography, Kelly Canova
Wedding Optimizer Terms and Conditions
The Wedding Optimizer is a proprietary software program owned by Honeymoon Wishes providing an online program for third party wedding venues through its websites, programs and computer servers, with free distribution to travel agents, wedding planners and online wedding sites referred to collectively herein as " Distributors".
The Wedding Optimizer is a software tool which is used by third party locations who host weddings to show their venue(s) available wedding dates and times on a calendar. It also gives the venue(s) the option to display their products and services which may be for sale. The Wedding Optimizer and the Distributors have no control over the content posted by the third party venue(s) and cannot verify its accuracy. The Wedding Optimizer and the Distributors are not responsible for and make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. Therefore, you must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any content displayed on The Wedding Optimizer. We are NOT a party to any transaction you may enter into with Merchants who have been posted on the Wedding Optimizer by the third party. If you have any questions, concerns or claims regarding a product or service you purchased displayed on The Wedding Optimizer, please address these to the relevant Merchant. You are also bound by all the terms and conditions of the website(s) of the third party venue(s) using The Wedding Optimizer to display their venue(s) available wedding dates and times on a calendar, products and services. Please read their terms and conditions as it relates to any product or service you may buy before you purchase.
By accessing or using The Wedding Optimizer, you are a "user" and you accept and agree to the terms above (the "Terms and Conditions of Use") as a legal contract between you and The Wedding Optimizer. These Terms and Conditions are in addition to the Venue's terms and conditions which you are currently using. We may post changes to the Terms and Conditions of Use at any time, and any such changes will be applicable to all subsequent access to or use of The Wedding Optimizer.
If you do not accept and agree to all provisions of the Terms and Conditions of Use, now or in the future, you may reject the Terms and Conditions of Use by immediately terminating all access and use of The Wedding Optimizer, in which case any continuing access or use of The Wedding Optimizer is unauthorized.