TERMS AND CONDITIONS OF "ONLINE WEDDING SERVICES AGREEMENT"
The purchaser and/or or recipient of these services hereinafter referred to as User agrees to the following:
Your Las Vegas Wedding Concierge hereinafter referred to as Consultant will provide wedding consulting/coordinating services under the names "Scouting Concierge" package and "Wedding Concierge Select" package, as well as ALL services under the heading "Select" Services.
SERVICES AND FEES
The services and fees listed on this order form are for those services provided by Consultant ONLY and DO NOT include the cost of any products or services provided by your selected sites or vendors. Any expenses above the cost of selected service (travel charges, long distance charges to vendors, supplies, etc.) price will be charged to User. They will be logged in detail and total amount will be added to final bill. User must approve all costs and/or proposals prior to the procurement of supplies and/or contracted service(s).
PAYMENT POLICY.
Payment in full is due in advance of each purchase. Payments can be made online using a credit card or e-check through Pay Pal (See "Pay Pal Policy"), or you may mail a personal check, cashier's check or money order in $US funds ONLY. Checks and money orders should be mailed to Your Las Vegas Wedding Concierge, 4806 Nara Vista Way, Suite #102, and Las Vegas, NV 89103-4729. Consultant will not initiate any service until payment is received in full and secured. Important: Should any "personal" check be returned for any reason, Consultant will immediately cease ALL services and contact User to replace funds. No further services will resume until User furnishes a new "certified" check to Consultant. For this reason, we highly reccomend the first choice of a certified check, money order or Pay Pal payment options to avoid any potential interruption of service.
Pay Pal Credit Card Payment Policy: As a convenience only, Consultant accepts credit card transactions through Pay Pal for "Scouting Concierge" and "Wedding Concierge Select" packages, as well as all services under the "Select" category. Consultant does not accept Pay Pal for transactions totalling over one thousand dollars ($1,000.00).. User is hereby made aware that there are other payment options available, and if they choose to pay for any service by credit card through Pay Pal and later rescind or authorize a "charge back", Consultant will expect User to pay the non-refundable retainer by cashier's check or money order ONLY. If User does not deliver the non-refundable retainer within five (5) business days, Consultant is free to seek legal counsel to recover these fees. By retaining the services of an attorney and/or institute legal action against User due to non-payment or any other reason, it is agreed that User will pay all legal and court costs incurred by Consultant. Consultant shall be entitled to recover its costs and reasonable attorney's fees (See "Legal Intercession and Fees below).
CONSULTATIONS (On Line and/or On Location)
If this service is selected, Consultant will meet with User for number of consultations specified in their purchased "select" service or package. Each consultation will be one (1) hour in duration.
*If User has selected the Personal Wedding Concierge Consultation, this consultation is expected to be from two (2) to three (3) hours in length.
*User is purchasing a consultation only, and User agrees they are receiving the opinions of Consultant. User does not hold Consultant liable for any additional services. Where applicable, Consultant will advise User in regards to Etiquette and Social Graces. Consultant will provide information on the standards of Etiquette and how they relate to a particular function. Should User not heed the advice of Consultant, the Consultant does not accept responsibility for any incidents that may occur as a result of the User's or their vendors' actions.
*These consultations will take place at a pre-arranged time mutually agreed upon by Consultant and User.
*Consultations may be conducted in person, on line by phone or by Internet Messenger service using AOL or MSN "Instant Messenger Services". User will provide all correct contact information to facilitate the proper scheduling of any phone or Internet meeting, as well as any on Location meeting to be held at User's home, place of work, or another pre-arranged public meeting place including, if applicable, User's Las Vegas Hotel.
*User has two scheduling preferences for these consultations in the "Wedding Services Order Form". Upon receipt of payment and submitted order form, Consultant will contact User by phone or e-mail to notify them of confirmation of their requested date and time, or offer a third option if Consultant's schedule can not accommodate User's preferred times. If User must reschedule consultation for any reason, they must contact us either by phone, fax or email no less than twenty-four (24) hours in advance. If User is more than 30 minutes late for the scheduled appointment and has not notified Consultant of their delay, Consultant reserves the right to cancel the appointment and reschedule for another time. If User fails to appear for the appointment at the scheduled time, Consultant will bill User for a "no-show" at the seventy-five dollar ($75.00) hourly rate.
VENDOR SELECTION
If this service is selected, User will be given a minimum of three (3) referrals for vendors. Although Consultant may provide information to assist in their decision, it is the sole responsibility of User to select the vendor(s) and/or venues that match their needs. Consultant is not liable for the content, product, service, or actions of any vendor or person who works with you on your wedding and will not be held liable for any circumstances arriving from any vendors' or venue's failure to perform their contracted services in any way.
*Consultant is NOT responsible for signing vendor contracts on behalf of User!! User MUST sign ALL contracts with their vendors. Depending on the package or individual service chosen, Consultant will receive copies of ALL contracts from User. Consultant is NOT responsible for issuance of payment to vendors. ALL financial transactions between User and their vendors are solely the responsibility of User.
PRE WEDDING PLANNING MEETINGS AND VENUE SELECTION SITE TOURS
Venue Selection: If this service is selected, Consultant will screen and select three (3) ceremony and/or reception venues for User's consideration based on their wedding criteria (i.e. budget, style, etc.). Consultant will schedule appointments for site tours for User and provide appropriate contact information, maps, driving directions and venue questionnaires. Consultant will, if necessary, assist in venue contract negotiations only (See "Vendor Selection"). Consultant will, to the best of her ability, make herself available to accompany User during these site tours. Should Consultant find herself unable to attend on the date of the site tour, she will contact User as well as the venue operator or contact person. With this in mind, as long as site tour can continue with venue operator or contact person and User present, Consultant will not be held liable for her inability to attend.
Arrangement of Vendor Meetings: If this service is selected, Consultant will arrange appointments with vendors on behalf on User. Consultant will also provide User with complete and accurate contact information, maps and driving directions, as well as appropriate vendor questionnaire(s) according to the amount of this service purchased by User.
Attend Vendor Meetings with Couple: If this service is selected, Consultant will attend the specified number of vendor meetings purchased by User in order to monitor the progress of work and to offer helpful insight to the planning process. Should a scheduling conflict arise, Consultant will notify User as soon as possible to inform them of their non-ability to attend said meeting. If vendor meeting exceeds one (1) hour, User will be billed the Consultant's hourly rate of seventy-five ($75.00) per hour.
*User understands and agrees that Consultant is not responsible for any change in personnel and/or ownership on the part of any referred vendor or venue and therefore is not liable for any change in the quality of product or service by vendor or venue as a result of these changes.
*If any vendor appointment or site tour is delayed, rescheduled or cancelled by the vendor or venue directly, it is their responsibility to advise User of any such changes. Consultant is not liable for any circumstances that may arise from vendors' or venues' failure to notify User of these facts.
*It is User's responsibility to advise Consultant, or if necessary, the vendor(s) or venue operators directly, of any changes in plan that may affect User's confirmed vendor/site inspection appointment(s). Should User encounter any last minute changes or emergency that will prevent them from attending an appointment, it is your responsibility to contact either Consultant, or if necessary, the vendor(s) themselves. User hereby releases Consultant from any repercussions that my occur due to User's lateness or no-show at a confirmed vendor appointment, regardless of whether Consultant is contracted to be present at the meeting or not.
DETAILED WEDDING CHECKLIST & ITINERARY
If this service is selected, Consultant will draft and compile a Wedding Checklist that denotes all stages of planning that pertain to the User. This Checklist will be revised as needed to reflect the progress of planning the event. A Wedding Itinerary will be drafted approximately three (3) weeks prior to the Wedding and finalized one (1) week before the event for the Bride and Groom. Copies will be provided to parents, wedding party and vendors. The Itinerary will list times (approximate), dates and location of events as well as the vendor(s) performing the service.
REHEARSAL DIRECTION
If this service is selected, Consultant will provide on the day specified by User, Wedding Rehearsal Direction. The Rehearsal is limited to one hour. If User or their participant delays the rehearsal s up to one (1) hour from the original start time, User will be charged at Consultant's hourly rate of seventy-five dollars ($75). If User or their participants are two (2) hours late, the fee will increase to one hundred and fifty dollars ($150). If User or their participants are three (3) hours or more late for the rehearsal, Consultant reserves the right not to conduct the wedding rehearsal and User hereby releases Consultant from any liability that may occur on the Wedding Day, due to the non-attendance or tardiness of wedding party participants at the rehearsal. Rehearsal late fees will be due, IN CASH upon the arrival of the late party. The Wedding Rehearsal will not commence until this fee has been paid.
KETUBAH ARRANGEMENTS
If one of these services is selected, Consultant will provide basic service which includes accepting delivery of User's Ketubah at the office of Your Las Vegas Wedding Concierge on behalf of User and arranging for delivery of Ketubah to the location of User's choice as indicated in their "Wedding Services Order Form" before the wedding date. Additional "Sterling" service includes a one (1) hour Consultation and a referral list of Ketubah artists or vendors according to User's wedding criteria for their consideration.
*User must provide all correct information regarding details of Ketubah shipment to Consultant's office with respect to delivery date and time, method of delivery (mail, FedEx, etc.). User will also provide Consultant with all current, complete and accurate information with respect to delivery of their Ketubah to the Las Vegas wedding location of their choice as indicated in their Wedding Services Order Form. This information is to include the name of contact, company (or hotel) name, and address for delivery. Consultant will not be liable for loss, delay or no-show of Ketubah, and any circumstances related to such if delivery information provided by User is found to be incorrect.
*User will ensure that Consultant receives shipment of their Ketubah no less than seven (7) business days before their wedding date to properly facilitate delivery of their Ketubah to their desired location.
*User is responsible for paying ALL costs pertaining to the shipment of their Ketubah to Consultant. Consultant will not accept any package from User as COD (Cash on Delivery)! Consultant will be responsible for assuming all costs relating to the delivery of User's Ketubah to their location of choice within the Greater Las Vegas Area including Summerlin, Green Valley, and Henderson ONLY. Delivery to locations such as Laughlin, Pahrump, Mount Charleston, Mesquite and Boulder City that incur additional costs beyond normal local service charges will be billed to User. Consultant will advise User of these additional costs in advance of delivery.
COMMUNICATION
Phone Calls The business office phone number for Consultant is (702) 367.9337, or Toll Free at 1.877.367.9337. Calls are to be made during normal business hours (Monday -Friday, 9:00 a.m-5:00 p.m., Pacific Standard Time). If Consultant is not available, an appropriate voice mail message should be left with follow up by Consultant to occur no later than one (1) business day after receipt of message.
Electronic Mail Access (E-Mail) User may contact Consultant via e-mail to discuss matters either pertaining to the wedding, or to send files and/or pertinent information. Consultant accepts files in the following format, Microsoft Word (.doc), text (.txt), Excel (.xls), graphics (.jpg and .gif) and Adobe Acrobat (.PDF). Consultant's e-mail is info@lvweddingconcierge.com . Consultant will not attempt to open an e-mail or file attachment if it is deemed unsafe to do so due to a potential virus threat. Consultant's follow up should occur no later than two (2) business day after receipt of the e-mail. *Four (4) e-mail responses to User are considered equal to one (1) hour of consultation time.
Facsimile Transmissions User may contact Consultant via facsimile to discuss matters either pertaining to their wedding details, or to send documents and/or pertinent information. The business office fax number for Consultant is (702) 227.9865. Fax transmissions should be made during normal business hours (Monday -Friday, 9:00 a.m-5:00 p.m., Pacific Standard Time). A cover letter should accompany the fax transmission identifying User, telephone and fax number(s), number of pages, and a brief description of the transmission. Consultant's follow up should then occur no later than one (1) business day after receipt of the fax transmission.
PUBLICITY & RIGHTS TO USE IMAGES IN BUSINESS MATERIALS.
Where applicable, User agrees that Consultant may, at her discretion, use a selection of images taken by their photographer (with proper photo credit) of the details of User's wedding. These images may include, but are not limited to pictures of User and/or Bride and Groom, wedding party, wedding guests, as well as scene setting images of wedding (tabletop settings, cake, flowers, musicians, etc). Any images selected may be included in, but not limited to Consultant's use in her marketing materials (brochures, website, portfolio, or any other presentation printed or otherwise where Consultant feels User's images can best represent to potential Users or the media, the quality and uniqueness of Consultant's services.
FORCE MEJEURE.
If, for any reason beyond Consultant's control, but not limited to strike; labor dispute, acts of war, acts of G-d, fire, flood, accidents, illness, death or personal emergency, Consultant is unable to perform her obligations under the provisions of this Agreement, such non-performance is excused and Consultant may terminate this Agreement without further liability of any nature upon return of User's payment.
LEGAL INTERCESSION AND FEES:
Should Consultant need to retain the services of an attorney and/or institute legal action against User for any other reason, it is agreed that User will pay all legal and court costs incurred by Consultant. Consultant shall be entitled to recover its costs and reasonable attorney's fees.
TERMINATION.
This Agreement shall terminate automatically upon completion by Consultant of the Services required by this Agreement. It is hereby agreed that this is an "at-will" agreement and that parties reserve the right to terminate this agreement at any time in writing for such reasons as, but not solely limited to: dissatisfaction, inability to maintain a civil User/Consultant relationship, personality differences, etc. Consultant shall retain all funds previously received by Consultant in payment for services rendered.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other provisions or conditions in any other agreement whether oral or written having any effect on this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
AMENDMENT
This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
SEVERABILITY.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision is deemed to be written, construed, and enforced as so limited.
WAIVER OF CONTRACTUAL RIGHT.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
APPLICABLE LAW.
The laws of the State of Nevada shall govern this Agreement.
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