Terms & Conditions of Service for ‘Mindfully Yours With Jude’

Welcome to Mindfully Yours With Jude which is registered to Catch The Calm Pty Ltd, ABN 13636697197.

By booking my celebrant services and payment of the booking fee confirms your acceptance of these Terms and Conditions. Please read them carefully before confirming your booking.

1. Agreement Overview

These Terms of Service ("Terms") govern the use of celebrant services provided by Mindfully Yours With Jude (“I”, "we", "us", or "our") to individuals, couples, or groups ("Client", "you", or "your"). By engaging our services, you acknowledge and accept these Terms, as well as any other terms and policies that may apply to specific aspects of the services.

2. Services Provided

I offer celebrant services for various events, including but not limited to:

• Weddings
• Commitment ceremonies
• Renewal of vows
• Naming ceremonies
• Other life ceremonies upon request

I will work with you to customise the ceremony to your preferences, ensuring it aligns with your values and wishes.

3. Booking and Confirmation

To book my services, you must provide the following:

• Your full name and contact details
• Event details, including the date, location, and type of ceremony
• A signed service agreement

Upon receiving your booking request, I will confirm availability and provide you with a quote for our services. A deposit will be required to secure your booking.

4. Payment Terms

Fees are payable across three milestones; you will receive a separate invoice for each milestone.

           1. First Milestone - Booking Fee - $250 (non-refundable)

                 Required to secure your date

                 Payment of booking fee confirms your acceptance of these Terms and Conditions

           2. Second Milestone – 50% of your outstanding balance

                 Due 3 months before your ceremony date

           3. Final Milestone – Remaining 50% of balance

                 Due one month before your ceremony date

• Payment Methods: Payments can be made via bank transfer, EFTPOS, or PayPal. 
• Payment to: Catch The Calm Pty Ltd. BSB 032-713 Account no: 500 861.
• Late Payment: If payment is not received within the agreed timeframe, I reserve the right to cancel the booking, and the Booking Fee will be forfeited. 

5. Cancellations and Refunds

• If you need to cancel your ceremony, please notify us in writing as soon as possible. 
• Your booking fee is non-refundable. 
• Cancellation three months or more prior to your ceremony date only the booking fee is retained. If you paid in full at the time of booking the remaining amount is refunded.
• Cancellation between 3 months and 30 days before your ceremony, the final milestone payment will be waived.
• Cancellations within 30 days of your ceremony date, no refund will be provided unless under extreme circumstances at my discretion. 
•  Any overdue fees remain payable for your booked ceremony date.

6. Reschedule or Postponements

• If you need to reschedule or postpone your ceremony, please notify me in writing as soon as possible. 
• There are no additional fees or surcharges for postponements (unless the postponement is within 30 days of the ceremony date) nor restrictions on days of the week or time of year.
• You must check with Jude that a proposed reschedule or postponement date is available. If you choose to proceed with your ceremony on a date that I am not available, then this is deemed a cancellation, and all relevant time frames and fees apply as stated in 5. Cancellations and Refunds.
• Reschedule or postponement prior to three months before your ceremony date, the second and final milestone payments will be moved to the new date.
• Reschedule or postponement between 3 months and 30 days of your ceremony, payment milestones will be transferred to the new date.
• Reschedule or postponement within 30 days of your ceremony date will incur a $250 postponement fee. In the event of booked accommodation or flights for the celebrant is not refundable or there is a reschedule charge, then you are liable for this charge. Every effort will be made to reschedule.
• Any overdue fees remain payable for your rescheduled or postponed ceremony date.

7. Change of Celebrant

• In the rare event that I am unable to conduct your ceremony on the booked day, due to illness, emergencies, or other unforeseen circumstances, I/a representative of mine will contact you as soon as practical and every reasonable effort will be made to engage the services of a replacement celebrant.
• You give permission for the replacement celebrant to receive all information and documentation related to the ceremony.
• You understand that the replacement celebrant must satisfy themselves as to your identity and you will be required to present your identification documents to them before the ceremony can be conducted.
• You will be subject to their personal service agreement.

8. Change of Location or other Major Aspect

• Any changes to location or other major aspect of your ceremony are to be provided to me in writing as soon as possible and no later than 7 days prior to your ceremony (excluding pre-arranged wet weather alternatives).
• If a change of venue location occurs on the day, I must be notified by phone ensuring that I am spoken to directly to confirm I have the correct location. This must NOT be in the manner of a voice message, text or email.
• If I am late arriving due to unforeseen circumstances (traffic, accidents, illness) you understand that sometimes these things happen and will allow up to a 30-minute delay from the agreed start time.

9. Other Professional Services

You acknowledge and agree that I will contact and coordinate with other professional services (e.g. official photographer, videographer, venue coordinator) to ensure the smooth running of your ceremony.

10. Client Responsibilities

As a client, you agree to:

• Provide accurate event details, including but not limited to the ceremony location, time, and any other necessary arrangements.
• Arrange for any third-party vendors (e.g., photographers, musicians) to be at the venue and to liaise with them in advance.
• Inform us of any specific preferences, requirements, or restrictions regarding the ceremony.
• Ensure that the ceremony location is suitable, accessible, and safe for all participants.
• Abide with any legal requirements or regulations. 

11. Ceremony Content and Personalisation

I am committed to creating a ceremony that is meaningful and unique to you. You are welcome to provide input, and I will collaborate with you on the ceremony’s structure, vows, readings, and other personal touches.

However, I reserve the right to refuse content or elements that may be illegal, offensive, or otherwise unsuitable for a respectful and inclusive ceremony. I also reserve the right to adjust the ceremony if necessary to comply with legal or regulatory requirements.

12. Legal Requirements for Marriages

My responsibilities

I am a fully registered Commonwealth Civil Celebrant and authorised to conduct marriage ceremonies under Australian law. For marriage ceremonies, I will:

• Ensure that the legal requirements of the Marriage Act 1961 are met.
• On the day, I retain the right to refuse to conduct your ceremony, as legally required, if I deem that a party to the      marriage is not able to fully consent to the marriage due to duress, intoxication or under the influence of drugs or otherwise appears to be in an altered mental state.
• On the day, I retain the right to refuse to conduct your ceremony if I deem there is a safety risk to myself or others.
• Provided you with all legally required marriage documents.
• Submit the completed marriage documents to the Registry of Births, Deaths, and Marriages, in your State or Territory on your behalf.

Your responsibilities

It is your responsibility to:

• Acknowledge and meet the legal requirements of entering into a valid marriage under Australian Law. Be able to fully consent to the marriage, therefore not entering into it under duress, nor being intoxicated or under the influence of drugs, or being in an altered mental state.
• You agree to appoint two legally required witnesses who must be present at the ceremony and over the age of 18 years of age. The witnesses must sign legally required paperwork at the ceremony. They must also be able to fully consent. A witness must also be able to understand and communicate in the English language. If I am not satisfied that a witness meets the necessary requirements, another party will need to be chosen. 
• When completing legal documentation, you must complete and declare that all information provided is true in every detail.
• Ensure that the Notice of Intended Marriage, is completed and submitted to me at least one calendar month prior to the ceremony.
• Complete all other legally required documents including the Declaration of No Legal Impediment, Official Certificate of Marriage (2), and The Certificate of Marriage (Form 15).
• The Certificate of Marriage (Form 15) is NOT your certificate of registration. This will be available following my submission of your legal paperwork to Births, Deaths and Marriages, after your wedding. It is the responsibility of the married parties to apply for a copy of the certificate of registration. You must apply for this with the relevant State or Territory’s Birth, Death and Marriages in which the marriage took place.

13. Limitation of Liability

Public Liability and Professional Indemnity insurance is held.

I will make every effort to provide high-quality services, but I am not liable for any loss, damage, or injury arising from:

• Circumstances beyond our control (e.g., Force Majeure, venue issues).
• Client’s failure to comply with legal requirements or provide necessary documentation.
• Any third-party services not arranged by us (e.g. photographers, florists).
• We accept no responsibility for the behaviour or actions of ceremony parties, guests or other persons at your ceremony (including children and pets).

Our liability is limited to the amount paid for our celebrant services, except where required by law.

14. Force Majeure 

•  1. Definition
  A party shall not be liable for any delay or failure in the performance of its obligations under this Agreement if such delay or failure is caused by an event of Force Majeure. Force Majeure refers to any event or circumstance beyond the reasonable control of the affected party, including, but not limited to:
  a) Natural disasters such as floods, fires, storms, earthquakes, or other extreme weather events;
  b) Acts of war, terrorism, civil unrest, or any act of political instability;
  c) Strikes, lockouts, or other industrial disputes affecting the celebrant or their suppliers;
  d) Pandemics, epidemics, or health-related emergencies that restrict travel, gatherings, or public events;
  e) Government actions or regulations, including changes in laws, emergency orders, or lockdowns that prevent the ceremony from taking place;
  f) Death, serious illness, or incapacity of the celebrant;
  g) Failure or damage to essential services or infrastructure necessary for conducting the ceremony (e.g., venue or communication failures).

• 2. Suspension or Rescheduling of Ceremony
  If a Force Majeure event occurs that prevents me from performing my duties for the scheduled ceremony, I may:
  a) Offer to reschedule the ceremony to a later date mutually agreed upon by the celebrant and the client; or
  b) If rescheduling is not possible, refund the client any amounts paid for the ceremony, minus the booking fee and reasonable expenses already incurred by the celebrant up to the point of the Force Majeure event.

15. COVID-19

• You and your guests will comply with any current Government regulations and restrictions at the time of your ceremony.
• You will notify Jude if you or any other member of the ceremony party or guest, tests positive to COVID-19. Arrangements may be able to be made to accommodate this situation.

16. Photography and Media Release

By booking our services, you consent to us taking photographs or videos of the ceremony for promotional purposes, unless you expressly notify us otherwise. You will retain the right to use any media for personal purposes.

If you do not wish for photographs or videos to be used for promotional purposes, please inform us before the event.

17. Audio and Other Equipment

•  Every attempt will be made to ensure that all equipment is in full working order prior to your ceremony. We are not liable if audio or other equipment does not work.
• While every precaution is taken, we are not liable for any claim made due to accident or injury resulting from the use of any equipment supplied by me.
• I reserve the right to not use any equipment if deemed inappropriate or unsafe (rain, strong winds, etc.) or other factors that could lead to damage of the equipment.
• Damage to audio and other equipment by ceremony party members or other guests may incur a repair or replacement fee.

18. Privacy and Data Protection

We take your privacy seriously and handle all personal information in accordance with our Privacy Policy, which outlines how we collect, use, and protect your data. By using our services, you agree to the collection and use of your personal data as described in the Privacy Policy.

19. Amendments to Terms

We reserve the right to update or amend these Terms of Service at any time. Any changes will be posted on our website, and the updated Terms will apply to all bookings made after the date of the update.

20. Governing Law

These Terms of Service are governed by the laws of Australia. Any disputes arising from these Terms will be resolved in accordance with Australian law.

21. Contact Us

If you have any questions about these Terms of Service, please contact us:

Mindfully Yours With Jude
Email: Jude@mindfullyyourswithjude.com.au

Mobile: 0407 66 55 83

Effective Date: last update November 2023