Contract Terms
1. Herein “ODW” or “ODWS” shall refer to Oahu Dream Weddings. Any names listed on this agreement will be referred to as “Client” including a 3rd party acting on behalf of others for which services are performed. “Vendor” shall refer to ODW service providers. “Services” shall refer to all services and products offered by ODWS. “Agreement” or “Contract” refers to this document.
2. Client attest to the correctness of the information herein and accept sole liability for incorrect or missing information. Client shall be 18 years or older. A 3rd party “Agent” warrants that Client agrees to this contract and is additionally liable under these terms. Changes to this contract must be agreed to by ODWS in writing.
3. Client shall make a non-returnable payment to reserve the date, time, services, and products on this contract. Payment accepted by ODWS constitutes agreement, signatures are not required. All payments to be paid in US dollars. Payments and amounts shall be paid as scheduled or contract may be canceled and are not returnable. All payments by Client or their assigns must be received before the ceremony or services will not be performed. Contract monies due must be paid before the marriage license can be submitted, photos or video placed into production and the WebPhotoGallery. Cancellation by Client, will be charged for work performed equal to the contract reservation booking payment and monies paid up to the date of cancellation, will be kept by ODWS as liquidated damages.
4. Client is responsible for all credit card payment and transaction fees charged by PayPal. A “Final Service Invoice” including the transaction fees and any additional products/services ordered and not paid for will be emailed to Client after the event and must be paid within (30) days and before products are released. After (60) days from the event date, ODWS services will be deemed fulfilled and complete.
5. ODWS will secure a DLNR permit for the date, time, and location for this contract. Ceremonies are limited to the number or participants agreed too on this contract and if more, ODWS will secure new permit and charge an additional amount to Client for said new permit. The maximum participants allowed for a DLNR beach wedding permit is (30) including vendors.
6. All locations are open to the public. There is no implied or implicit guaranty of privacy or security of persons or property by ODWS. Client accepts that weekend and holiday dates/times may create undesirable ceremony conditions. ODWS vendors have the sole discretion to choose the ceremony spot. If Client insists upon another spot, Client agrees to accept all liability for all outcome. If ODWS determines a circumstance may impede or prohibit the use of a location (traffic, weather, public event, etc.), ODWS may change the location at its sole discretion. Client understands that a location and/or time not recommended by ODWS but, agreed by ODWS to perform, may be busy, have events limiting available space, optimum views, backgrounds clear of people, or for other reasons stated or not, and will hold ODWS harmless for all outcomes in these regards.
7. Client must be ready to proceed by the "Start of coverage" listed on the contract. If Client is late or not ready to start services as outlined in the contract schedule, ODWS services may be partially performed or not performed. If Client has not arrived within 20 minutes after the start of coverage, ODWS vendors may leave the site with no services performed and no monies will be returned and with no further liability to ODWS.
8. ODWS independent contractor vendors have the sole discretion on how services are performed and when service is complete. ODW may replace vendors at its sole discretion.
9. Floral and cake products are based upon availability and may be substituted for a similar product. If Client is dissatisfied with a floral or cake product, a full refund will be issued if Client notifies the on-site ODWS vendors before it’s usage. Any photographs including the product will not be made available to the Client for selection or use.
10. Non-ODWS vendors or any person suspected to be a professional by ODWS are not allowed to be "on-site" or within the vicinity of the ceremony area and may not participate, perform, record, video, or photograph while ODWS services are being performed unless, specifically agreed too in writing by ODWS and under the sole direction of ODWS vendors. Any disruption of services attributed to the non-compliance by an outside vendor and ODWS may charge the cost of the service and/or terminate all services, leave the site, and no monies will be returned. ODWS cannot communicate or coordinate with any non-ODWS vendor.
11. For a marriage or civil union, Client must bring a marriage license issued by the State of Hawaii to the ceremony to be legally married. If Client has no license and a ceremony is performed, Client must meet the minister at a day/time/location based solely upon the availability of the minister and pay a fee determined solely by the minister for this service. The date/time/location the minister accepts and signs the license shall be that listed on the license. If Client does not provide a license, they will not be legally married, no monies will be returned, and no further liability of ODWS will exist.
12. ODWS transportation is “point-to-point” with no intermediate stops. Vehicle listed maximum passenger rating cannot be exceeded. If an event begins and/or ends early, the unused vehicle time is unusable for any other purpose. Client will not be charged late fees only if, Client is “ready to board” the vehicle at the scheduled pick-up time. If Client is late for pick-up or return departure more than 5 minutes, vehicle may leave and no monies will be returned. The return of any personal items left in a vehicle, will require a delivery fee equal to 1 hr. of vehicle time plus “barn time” if applicable. Additional fees may be charged, service not be performed, and/or no monies returned, if these terms are not adhered too. Client is solely responsible to notify ODWS by email of the name and address for the pick-up location at least (30) days before the coverage day.
13. Cameras, video, or other image capture devices are allowed at the sole discretion and direction of ODW minister and/or photographer. If disregarded, ODWS may terminate all services immediately, leave the site, no monies will be returned, and no further liability of ODWS will exist. Photos are corrected to ODWS standards, retouching is not included. Photos are processed and a link to a “WebPhotoGallery” will be emailed within (10) days and posted for (30) days for viewing and selection of photos. Video is edited and formatted to NTSC standard with completion in 4-6 weeks. Photo and video files are transferred via electronic download service and must be downloaded within (30) days from email notification. If Client is unable to download media files, Client may purchase a DVD disk or USB stick, postage is additional. ODWS is not an archive service. If Client fails to select and/or download media files by the end of the specified periods, no further obligation of ODWS shall exist and no monies will be returned. Selection, download, or receipt of any photo, video, or media, shall constitute acceptance and agreement of fulfillment by Client for the services performed and no claims regarding content or quality can be made against ODWS thereafter.
14. ODWS and chosen assigns shall own the exclusive Copyright and the right to use in perpetuity all imagery created by ODWS vendors and independent contractors, including and not limited to digital files, photographs, video, or other forms as yet to be determined, in whole or in part, in original, modified, or changed form, including names or fictitious names, for any lawful purpose, private or commercial, without a waiver, model release, further agreement, or inspection by Client. Client waives any right of publicity or privacy and further agrees to indemnify and defend ODWS from any claims made by their guests, assigns, or others they may be associated with to the fullest extent in these regards. Client, his/her successors, and assigns, are licensed to use and make reproductions from original imagery created by ODWS for personal enjoyment only. All other uses are strictly prohibited unless, agreed to in writing by ODWS. ODWS reserves the right to make additional terms and/or new terms and charges for additional uses not specifically agreed to in this Agreement.
15. If an event is performed at a hotel or private location, Client shall provide reserved “on-property” parking for each Vendor, parking fees will be paid by Client, and collected with the Final Service Invoice. If parking is not available, the Vendor(s) may leave, no services will be performed, no monies returned, and no further liability of ODWS will exist.
16. All mailed products will be sent to the address on the contract unless, specifically directed otherwise by Client, at Client expense using USPS Priority Mail, or by a method determined solely by ODWS. Hand delivery of product is at the sole discretion of ODW and for a minimum $50 per delivery attempt for Waikiki area. Client is responsible for any loss for delivery to third parties i.e., hotel front desk, relatives or assigns, etc..
17. Client accepts that a ceremony on weekend and holidays dates may have the location changed, the ceremony time changed, ODWS transportation pick-up and drop-off location (if any) changed, or the ceremony to rescheduled to another day and time due to unforeseen or other events in Waikiki or at or near the ceremony location, at the sole discretion of ODW and these changes shall not constitute a cause for cancellation of ODWS services. Normal costs associated with those changes including, ceremony time and vendor travel fees will be due additionally and perishable items including flowers, lei, bouquet, and cake will not be replaced.
18. In the event of a “force majeure” or a severe weather event as predicted or anticipated on the day of the scheduled event by NOAA, Client or ODWS may choose to reschedule the event date and time based solely upon vendor availability or either may cancel the event with no services rendered with all monies returned minus the $100 booking reservation payment and monies paid towards additional perishable items including cake, site decorations, lei, and flowers. For scheduled events, normal charges for weekends, holidays, vendor travel fees, specific times, are due additional.
19. All correspondence will be to the Client email address listed on this contract. Request for changes from Client must be by email to constitute official notification. ODWS is not responsible or liable for non-delivery or late delivery of time-sensitive email caused by the Client email address or email service provider. All international phone toll charges will be charged to Client.
20. Client ceremony set-up or site decorations not specifically agreed to in writing by ODWS and not allowed as per the DLNR permit or regulatory authority within it’s jurisdiction are not allowed. A penalty fee of $100 or the cost of the ODW similar service or the cost of the outside service provider, whichever is highest will be due. Client will be liable for any fees and assessments levied against ODWS.
21. Client is solely responsible for all actions of all participants (Client, guests, assigns, and agreed upon non- ODWS vendors) and shall be liable for any extra fees, penalties, or assessments caused by their action or non-action. If ODWS vendors determine that any participant(s) disregard the terms of this contract, the direction of ODWS vendors, DLNR permit rules, location site rules, are uncooperative or unruly, act in disregard for the law, are under the influence of drugs or alcohol, or cause AHW services to be performed under stress, unlawful, dangerous, unsafe conditions or for lack of security for persons or property, or any situation affecting the performance of ODWS services, all ODWS services will be terminated immediately, no monies will be returned for services performed partially or not performed, and no further liability of ODWS will exist.
22. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral agreements, correspondence, or prior written agreements. Failure of ODWS to enforce any term contract term shall not constitute a waiver of other terms. Should a provision of this agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity, and enforceability of other terms shall not be affected or impaired. Any implied warranty is limited to the cost of the service or product only as listed on this contract. Liability of ODWS is solely limited to the refund of monies paid and any legal claim shall be limited to monies paid and not to exceed that amount. The terms of this contract is governed solely under the jurisdiction of and by the laws of the State of Hawaii and the United States of America.