Weddings

THE CLIENTS AND BYPLUSH AGREE:

The following are the Terms and Conditions agreed upon between ByPlush and the Couple or client/s (hereafter known as client/s). Upon signing the below, the clients are agreeing to the costs, inclusions, conditions and will be legally bound by them.

This contract follows confirmation to request and secure ByPlush to assist in the planning and execution of services pertaining to your Wedding or Special Event.

It is agreed you will retain ByPlush as a professional event planning service - under direction, guidance and assistance of the clients, ByPlush will provide the appropriate planning and execution of the services outlined.

1. BYPLUSH LIABILITY:

1.1 Upon signing this contract you agree that the commitment by ByPlush to you includes all items and services as outlined in the itemised quote issued to you by Byplush.

1.2 Your ByPlush Planner understands that their role will be that of a professional advisor and coordinator. The client/s will make all final decisions pertaining to the selections of suppliers/service providers.

1.3 Your ByPlush planner will use their judgement when taking action in relation to late changes, weather, tardiness and non-performance based on the situation, time limitations and/or your wishes.

1.4 ByPlush acts only as an independent contractor brokering the contracts between the supplier/service provider and the client/s. You and the supplier/service provider are the contracting parties.

1.5 In the event of any supplier/service provider’s cancellation or inability to provide service, ByPlush may substitute a new supplier/service provider with or without advance notice at our discretion. Any additional costs incurred will be payable by the client/s.

1.6 The client/s gives permission and allow ByPlush to use any photograph of them, the wedding ceremony/reception or event setting for viewing on our website and related social media outlets for promotional purposes only. ByPlush will obtain written consent from the photographer for the use of their professional photographs. The photographer will be credited for each photo. The client/s will be contacted for permission and written consent for use of images for any form of advertising, including but limited to the publication on www.byplush.com.au and various social media channels.

1.7 ByPlush gives permission and shall allow the client/s to use any photographs/videos in which the event/wedding planner appears.

1.8 By hiring ByPlush, the client/s acknowledge that they will be allocated staff according to a roster.

1.9 The owner of ByPlush may perform the service related to this contract by herself, or she may let other employees deliver the event in the lead-up and onsite. Staff will be allocated in accordance with availability and the requirements of the business.

2.EVENT CONTACT RESPONSIBILITIES:

2.1 The client/s is responsible for **paying suppliers directly** and a separate contract should be obtained from the supplier. All suppliers/services contracts will be between the client/s and the supplier/service provider as outlined in the itemised services included.

2.2 The client/s is responsible for payment to ByPlush as per this contract. In the event payment has not been received within TEN (10) working days of the date of the invoice, ByPlush reserves the right to cancel the contract and the event date & time may be re-allocated/ rebooked other parties without no further notice to the bridal couple. Payments will still be due in accordance with the cancellation policy in clause 5.3.

2.3 The client/s is responsible for providing ByPlush with all relevant contact details pertaining to any pre organised arrangements. This includes any scheduled time tables, package inclusions and any other relevant information as required.

2.4 The client/s is responsible for notifying ByPlush of any changes or amendments required in a timely manner. ByPlush will not be held liable to any changes made by the client/s or their selected service provider/s. Any cancellation or amendment fees will be payable as per the event contact.

2.5 The client/s is responsible for any relevant travel expenses incurred by ByPlush during the organisation stages or on the event date that is more than an 60km round trip from the ByPlush office in East Geelong, VIC. These expenses may include petrol, parking fees, tolls, and if required airfares, overnight accommodation and meals and will be determined by ByPlush at its sole discretion.

2.6 The client/s will be invoiced by ByPlush for any parking expenses or tolls incurred whilst on location at your chosen venues. This is applicable for both required site visits and while on location for your event day for up to two (2) vehicles. ByPlush will endeavour to avoid these fees where possible.

2.7 All routine office expenses incurred by ByPlush will be paid by ByPlush, however, any costs incurred for long distance or international phone calls, postage and other administration such as excessive printing or photocopies necessary to fulfil this agreement as determined by ByPlush in its sole discretion will be payable by the bridal couple.

2.8 In the circumstance that ByPlush is required to, or forced to, exceed our time on location that extends past the agreed contracted hours, you will be invoiced post event for this additional time on location at the hourly rate.

1. HIRE/RENTAL AGREEMENT:

3.1 All hire item fees are payable **in addition** to planning, styling and coordination packages.

3.2 All quotations for ByPlush hire items are subject to availability at the time of booking.

3.3 All prices quoted are for single day hire, unless otherwise specified.

3.4 Delivery, set up & dismantle fees are additional and will be quoted on pending the delivery location and set up required. All hire items will be collected from associated venues either on or the next working day after the event unless a prior arrangement has been made.

3.5 Selected items can be collected from the ByPlush office in East Geelong. An appointment time will be arranged for the pick-up and return of hire items 1-2 days pre and post event or unless otherwise discussed.

3.6 To confirm a booking with at ByPlush, you are required to read through the quotation provided to ensure quantities, dates and location details are correct. **This is your responsibility.**

3.7 A 30% non-refundable deposit of the total hire and delivery cost is required to secure your requested items for your selected event date. Orders will not be confirmed until payment has provided as cleared funds and the terms and conditions of hire contract has been signed and returned.

3.8 If your booking for hire items is made within TEN (10) working days of the event date payment will be required in full.

3.9 Final payment and re confirmation of delivery/pick up details is required ONE (1) month prior to your event date.

3.10 In the event of cancellation, ByPlush will retain the 30% booking fee plus the balance of the hire fee if the cancellation is within FOURTEEN (14) working days of your event.

3.11 In the event that the value of your order increases within the month prior to your wedding, an additional invoice will be issued as required.

3.12 Upon signing the terms and conditions of hire, you are responsible for any damages sustained to items during the hire period. This also applies to any items not returned at the end of the hire period.

3.13 In the event of damage or loss, an invoice for itemised repair or replacement costs will be provided to the hirer for payments to made within THIRTY (30) days. If any products are returned in an unclean state, a cleaning or repair fee will apply at the sole discretion of ByPlush and equal to the cost Weddings and Events for cleaning or repair .

3.14 If items are returned late an extended hire fee will apply. This will be charged at 20% of the original single day hire fee for each day the item is overdue.

3.15 In the event of wet weather, ByPlush will re locate all hire equipment to an alternate destination. **There will be no compensation offered for change of venue or if ByPlush cannot fulfil the agreement due to poor weather.** ByPlush will use their judgement when taking action in regards to late changes, weather, time limitations and/or your wishes.

1. DEPOSIT AND PAYMENTS:

4.1 A non-refundable 30% deposit is payable within SEVEN (7) working days of accepting of this contract to secure a booking with ByPlush for your selected event date. Services will not commence until cleared payment is received.

4.2 A 50% progress payment of the total balance payable to ByPlush is due THREE (3) months out from your event date. Any **remaining balance** is payable to ByPlush is due ONE (1) month prior to the event day.

4.3 In the case of any booking for an event date of less than SIX (6) weeks from the date of this contract, full payment of the agreed planning/styling or coordination package and its inclusions as outlined will be payable immediately with the signing of this contract.

4.4 A suitable payment plan can be arranged on a monthly basis, if required and agreed by ByPlush.

4.5 Payment Policy: Payment is due within 7 days of issue or by the due date listed on the invoice, whichever is earlier.

ByPlush accepts bank transfer and services will not commence until cleared funds have been received.

ACCOUNT NAME: Olivia Plush

BSB: 923 100

ACCOUNT NO: 63 553 236

ABN: 492 3615 6015

1. CHANGE / CANCELLATION:

5.1 This agreement can only be modified in writing and all changes must be agreed in writing  by all parties.

5.2 In the event the client/s is forced to change the date of the event, every effort will be made by ByPlush to transfer location reservations, suppliers, service providers and all arrangements necessary to the new date. The client/s agree that in the event of a date change any expenses including but not limited to deposits and fees that are non-refundable and non-transferable are the sole responsibility of you as the client. There may also be additional charges above and beyond those set in the original contract. The client/s further understand that last minute changes can impact the quality of the event and that ByPlush cannot be held responsible for these compromises in quality.

If the client/s changes the date/location of the event and this results in ByPlush being unable for any reason to provide the services as originally outlined, then ByPlush will be released from all contract obligations and shall in no way be held responsible or liable for non-performance. In this case cancellation fees still apply.

5.3 Cancellation by the client/s - In the event of a cancellation, the following cancellation fees apply:

If cancelled between THREE (3) to SIX (6) months prior to the wedding date, your 30% deposit will be forfeited and will not be refunded as per clause 4.1.

If cancelled within SIX (6) weeks to THREE (3) months of your event date, you will be required to pay 50% of your total agreed package cost.

If cancelled within SIX (6) weeks of your event date, you will be required to pay 100% of your total agreed package cost.

5.4 Cancellation by ByPlush: Should ByPlush be unable to perform any specific tasks in the planning of a wedding or event, due to death, illness, hospitalisation or any other event beyond the control of ByPlush, the value of time not expended will be refunded and we will do our best to find a substitute planner to fulfil the commitment to the best of our ability. Other than to the extent of the refund of the value of time not expended, the event contact will have no claim against ByPlush.

5.5 Should your final guest numbers be lower than the originally contracted amount, you will still be liable to pay a minimum of 75% if the contracted or as per the terms and conditions outlined in the contracted supplier’s terms and conditions, whichever is greatest.

The guest number must be finalised by xx days prior to the wedding and cannot be altered.

1. INDEMNITY:

6.1 The client/s agrees to accept all liability that may be associated with the event being held, including but not limited to personal or bodily harm of guests or damages and cannot hold ByPlush liable in these circumstances.

6.2 Each vendor or supplier hired for your event is responsible for their own liability insurance necessary to protect the client/s and its representatives for this event.

6.3 ByPlush will always endeavor to find the best and most reliable suppliers as requested. We cannot be held responsible for any supplier/service provider’s performance or product.

6.4 ByPlush is not responsible for any circumstances preventing the event to happen, including as to fire, flood, earthquake or any other natural or human acts. If the event is forced to be cancelled due to an act of God or any other circumstance beyond the control of ByPlush, ByPlush will only require payment for the expended time spent planning and any non-refundable out of pocket expenses for items already purchased and is otherwise released from any other claim by the event contact.

1. MEDIATION:

7.1 If a in the event a dispute arises relating to this agreement, the parties will follow the following  before pursuing any other remedy :

(a)  The parties will promptly meet in person or via an online platform (such as zoom) to attempt, in good faith, to negotiate a resolution of the dispute.

(b) If within THIRTY (30) days after that meeting, the parties have not been able to resolve the dispute, they will assign an independent mediator and in good faith attend mediation in accordance with the rules of the agreed nominated organisation and will equally be responsible for the costs of the mediation.

(c) After a mediator is appointed, the parties will participate in the mediation at a time agreed between the parties.

1. WORKING RELATIONSHIP:

ByPlush employees have the right to work in an environment that is free from intimidation, harassment and abuse of any kind. ByPlush is committed to providing a work environment free of unlawful harassment of any kind. Verbal or physical harassment from a client, any associated with a client or employee will not be tolerated. Any abuse while working with the bridal couple from any party associated with the bridal couple gives ByPlush the authority and right to cancel the contract with no money will be returned to the client/s.