The Micro Wedding & Elopement experts
Terms & Conditions
Welcome to Hey Presto Weddings
These terms and conditions outline the rules and regulations for Hey Presto Weddings Website
By accessing this website, we assume you accept these terms and conditions. Do not continue to use Hey Presto Weddings if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
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Services Terms and Conditions
PRICING
Prices listed are subject to change without notice. Outside supplier prices may change or fluctuate seasonally. All pricing is a guide only. Final invoiced pricing may reflect market changes.
AVAILABILITY
All wedding packages, locations and offerings are subject to availability. Filling out an enquiry form does not equal a confirmed booking. Bookings are not finalised until contact has been established between Client and the Hey Presto Weddings team, all contracts are signed, and payment is made. Please enquire for specific dates, locations and times, to confirm the availability of Hey Presto Weddings services.
ADD-ONS AND ADDITIONAL PRODUCTS AND SERVICES
All add-ons (including but not limited to flowers, cakes and food products, witnesses, and drink products) are subject to availability Replacement products may be offered if included products are not in stock when services are booked, including seasonal flower replacements, similar food products, or alternative witness arrangements. Refund or replacement liability is limited to the listed retail value of the product or service.
OUTSIDE VENDORS
Hey Presto Weddings uses outside vendors to supply products and services, including but not limited to food and drink products, flowers, transportation, kayak services. Hey Presto Weddings accepts no responsibility or liability for the products and services supplied by these vendors.
ADVERSE WEATHER
Weddings will proceed through all weather, including rain, unless unsafe for guests. The Client is responsible for arranging an alternative plan for a sheltered ceremony. Hey Presto Weddings advise all clients to ensure they have made alternative arrangements. If the conditions are deemed by Hey Presto Weddings to be safe, and the Client still wants to postpone for another date, a $350 postponement fee is payable.
RESERVATION
Upon the Client’s signature, Hey Presto Weddings will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Fee of 40% is non-refundable, even if the date is changed or the wedding cancelled for any reason, including acts of God, fire, strike and/or extreme weather. The Reservation Fee is to be paid within fourteen (14) days of signing the contract. The Reservation Fee is applied towards the contracted wedding package. Client understands and agrees that the entire amount owed for the wedding services described in the contract is due fourteen (14) days before the wedding/event.
CANCELLATION
In the event that Client cancels the wedding services they have contracted before the wedding ceremony takes place, the non-refundable Reservation Fee (as above) will remain permanently with Hey Presto Weddings .
POSTPONEMENT, TERMINATION AND CANCELLATION
This Agreement may be terminated under any of the following conditions:
(i) In the event that the Client reschedules the wedding/event and Hey Presto Weddings is able to rebook the new wedding/event date, an additional fee of $350 will be payable to Hey Presto Weddings . Hey Presto Weddings will amend the wedding/event date in this contract and Client will receive credit for all monies paid up to the date Client requests the wedding/event be rescheduled. In the event that the Client reschedules the wedding/event and Hey Presto Weddings is unable to book the wedding/event date, the Client will forfeit the Reservation Fee. Hey Presto Weddings agrees to refund all additional paid money, if any, (less expenditures for which receipts will be provided) to the Client.
(ii) In the event that the Client cancels the wedding/event outright less than sixty (60) days prior to wedding/event date, Client forfeits the Reservation Fee. Hey Presto Weddings agrees to refund all additional paid money, if any, (less expenditures for which receipts will be provided) to the Client. Cancellation must be in writing even if a phone call was made to inform Hey Presto Weddings of the cancellation.
(iii) In the event that Hey Presto Weddings is unable to provide the services described in this Agreement on the wedding/event date for any reason including, but not limited to, illness, injury, emergency, act of God or other circumstances beyond the control of Hey Presto Weddings , and the Client is notified more than thirty (30) days prior to the date of the Wedding/event, a full refund will be issued to the Client.
(iv) In the unlikely event that Hey Presto Weddings is unable to provide the services described in this Agreement on the wedding/event date for any reason including, but not limited to, illness, injury, emergency, act of God, sudden event or other circumstances beyond the control of Hey Presto Weddings within thirty (30) days of the wedding/event, Hey Presto Weddings will make all attempts to locate a substitute photographer and/or celebrant at no additional cost to the client more of the original package agreement. Hey Presto Weddings does not guarantee the availability of a substitute photographer/celebrant. In the event a substitute photographer/celebrant is unable to be sent, a full refund will be issued to the Client. Hey Presto Weddings is not liable for any further costs or damages incurred by the Client.
(v) In the event Client fails to make any instalment payment due as described under the Payment section of this Agreement within ten (10) days of its due date, Hey Presto Weddings shall have the right to immediately terminate this Agreement.
(vi) In the event that any refunds are due under the terms of this Agreement, Hey Presto Weddings will effect such refunds to the person or entity from whom or which the funds derived.
ONLINE/PHONE PRE-EVENT CONSULTATION
It is strongly recommended that the Client schedule an online/phone pre-event consultation before the wedding date to finalise times and locations. Hey Presto Weddings is not held responsible for incorrect details provided, or any missed coverage that may occur due to such.
CELEBRANT SERVICES
The Wedding Packages include the following celebrant services:
(i) An initial meeting.
(ii) A short sweet and warmly written Wedding ceremony by an experienced celebrant.
(iii) All stationery, telephone, mail, scanning and other administrative costs.
(v) Completion of all legal documentation required prior to and including lodging of paperwork with Births, Deaths and Marriages to register marriage within 14 days of the date the marriage is solemnised.
(vi) Contact, if requested with other professionals involved in your wedding day.
(vii) Your commemorative marriage certificate in presentation envelope.
CELEBRANT CONDITIONS
Hey Presto Weddings reserves the right to withdraw services and refuse to proceed with a marriage in the event that the Clients have not complied with either the legal requirements as set out in the Marriage Act 1961 or other sections of these Terms and Conditions or if the Clients do any unlawful act, or arrive to the wedding in a state of intoxication through drugs or alcohol, or the celebrant forms the opinion that the Client/s are not taking the ceremony seriously, or the celebrant has serious doubts about the Client/s capacity to enter into or consent to the marriage. A commitment ceremony can be offered at that time, with a legal ceremony performed as soon as mutually practicable. However, this will require a further payment of $350 to cover time, travel and new legal documentation. Travel will be no further than the original arrangement, and photographer and all additions outside of celebrant services will not be offered.
COOPERATION
The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Hey Presto Weddings is not responsible for key individuals’ failure to be present or to cooperate during wedding ceremonies or photography sessions, neither for missed images or moments due to details not revealed to Hey Presto Weddings . This extends to the behaviour and monitoring of any minors present.
HOUSE RULES
The photographer and celebrant are limited by the guidelines of the location and/or the site management. The Client agrees to accept the technical results of their imposition on the photographer and celebrant. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; Hey Presto Weddings will offer technical recommendations only.
CEREMONY COMMENCEMENT TIME
If time/venue changes are requested, Hey Presto Weddings must be notified in writing. Hey Presto Weddings reserves the right to prioritise other commitments. It is important that the ceremony begins on time to allow the team to honour other commitments and out of respect to the guests in attendance. Should you wish to change the start time of the ceremony, please let the team know as soon as possible. It is understood that the celebrant will try, but may not be able to attend the new ceremony time due to other commitments made. If so, Hey Presto Weddings services may be cancelled, with the Client forfeiting the Reservation Fee.
The photographer and celebrant are strictly contracted for 60 minutes. If the start time is delayed more than 30 minutes due to lateness outside of the control of Hey Presto Weddings , a fee of $50 per 30 minutes will be applicable.
Additional hours of services beyond the contracted 60 minutes will be billed at $100 per 15 minutes.
DIGITAL NEGATIVES, PRINTS and COPYRIGHTS
The Client(s) assign all copyright of images to Matthew Allen Photography/Hey Presto Weddings . The photographs, digital negatives or prints produced by Matthew Allen Photography/Hey Presto Weddings are protected by Australian Copyright Law (all rights reserved) and may not be reproduced in any manner without Hey Presto Weddings ’s explicit written permission. Upon final payment by the Client, a limited usage license of the resulting images will be transferred to the Client under the following conditions:
a. The negatives and/or digital files, if provided, are the property of the Client for personal use only and for the purposes of the electronic reproduction and distribution of photographs to friends and relatives.
b. Images produced by Matthew Allen Photography/Hey Presto Weddings are owned by Matthew Allen/Hey Presto Weddings and are NOT for commercial use or reproduction by the Client or their associates, companies, relatives or friends. They must not be published, used, or sold for profit without express written permission of Matthew Allen/Hey Presto Weddings .
c. Images may be used on personal web sites or social media as long as a copyright notice appears near the images stating that they were taken by Matthew Allen/Hey Presto Weddings as well as a web link to www.heyprestoweddings.com.au is placed onto the web site. Images are not to be altered or cropped in any way, including but not limited to Photoshop manipulation, black and white conversion, Instagram filters, cropping or zooming, or any other alteration.
MODEL RELEASE
The Client hereby assigns and grants Hey Presto Weddings and its legal representatives the irrevocable and unrestricted right to use and publish photographs from the Client’s wedding/event, or in which the Client may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases Hey Presto Weddings and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Hey Presto Weddings may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Hey Presto Weddings .
IMAGE DISTRIBUTION
No distribution of images to other vendors, including but not limited to dressmakers, stylists, hairdressers, makeup artists, and so on, is permitted. The photographs produced are the intellectual property of Matthew Allen Photography/Hey Presto Weddings . If vendors request access to images to use for social media, advertising, or any other purposes, they are to be directed to contact Hey Presto Weddings to request permission.
EXCLUSIVITY / GUEST PHOTOGRAPHY
It is understood that Hey Presto Weddings will act as the sole and exclusive wedding photographer. Hey Presto Weddings reserves the right to bring one assistant at her discretion. Due to time constraints and the need for subjects to pay full attention to the professional photographer during assigned bridal party shoots, guest photography is requested to be performed at a separate time. Hey Presto Weddings will not be held responsible for imperfect or ruined photographs due to guest photography.
FINAL IMAGE DELIVERY
After the wedding, Matthew Allen/Hey Presto Weddings will provide the Client with a private gallery that will display high-resolution (300dpi, 4500px long) copies of all selected digital images. In addition, low resolution copies (72dpi, 2048px long) will be prepared and provided to the Client within the gallery. Image selection is at the full discretion of Hey Presto Weddings . Original/RAW files will not be made available to the Client for viewing, delivery or purchase.
COMPLETION SCHEDULE
Images and products will be produced within a reasonable timeframe after the wedding/event. Digital processing takes no fewer than three (3) days, and no more than ten (10) days, unless notified in writing. Printed products may take longer due to supplier constraints.
PAYMENTS
The Client agrees that 40% reservation fee is required at the time of contract acceptance and 100% of the remaining balance is due fourteen (14) days before the Client’s contracted event.
METHOD OF PAYMENT
Payment may be made by:
a. direct bank deposit,
b. PayPal.
There is a $50 charge on payments returned for any reason.
LIMIT OF LIABILITY
Hey Presto Weddings warrants and declares that every effort will be made to provide high quality wedding services. In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer/celebrant. Hey Presto Weddings will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
Hey Presto Weddings takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional equipment and professional-grade backup equipment. However, in the unlikely event of the Client’s photographs being lost, stolen or destroyed for reasons within or beyond Hey Presto Weddings ’ control, including mechanical or technical malfunction of Hey Presto Weddings ’ equipment, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
NON-GUARANTEE
Although every possible care will be taken to produce photographs of all important and special events during the wedding, Hey Presto Weddings cannot place an unconditional guarantee on the above. Hey Presto Weddings will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of Hey Presto Weddings ’ control. Hey Presto Weddings does not guarantee that any one image will be included in wedding/event coverage or included in the final selection of images.
FORCE MAJEURE
A party is not liable for failure to perform the party’s obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this Contract under Clause 7 (Termination & Cancellation) in such circumstances.
If a party asserts Force Majeure as an excuse for failure to perform the party’s obligation, then the Non-performing party must prove that the party took reasonable steps to minimise delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event described in Clause 20 (Force Majeure).
PRINT ORDERS AND ADDITIONAL PHOTOGRAPHY REQUESTS
Prints of photos may be quoted and ordered on request.
Additional USB of digital images: $85.00
Additional Image Manipulation: $80.00/ hour
Additional Photographer Overtime: $100.00 per 15 minutes.
Please note that future prices and options are subject to change without any prior notice, and services requested after the wedding/event date may be subject to new prices, including album creation, prints, and image manipulation fees.
PROFESSIONAL IMAGE MANIPULATION
Selected images included in the package listed above do not include image manipulation or use of Photoshop or other editing programs. Hey Presto Weddings may perform reasonable professional image manipulation (if technically possible) on any image(s) of the Client’s choice for the Additional Image Manipulation rates listed above in Clause 21 (PRINT ORDERS). This includes but is not limited to opening of individual’s eyes, red eye removal, de-aging, removal of people and/or objects, insertion of missing people and/or objects, colour correction, special effects, and portrait glamorisation. It is understood that if a technicality prevents Hey Presto Weddings from performing requested image manipulation, or if a technicality prevents the final result to meet the Client’s requirement, the Client will accept that Hey Presto Weddings has performed to its best ability with regard to the specific task and that Hey Presto Weddings has no further responsibility towards said image manipulation.
PRINTING
Hey Presto Weddings will provide a price list for prints and/or albums, or may supply details of approved professional printers with whom the Client should place their work for printing. If the Client chooses to print elsewhere, no responsibility will be taken by Hey Presto Weddings for the quality of printing, including but not limited to colour casts, colour balance, contrast levels, paper quality, or any other aspect of printing and reproduction. The responsibility lies with the Client to ensure the printer they select outside of those listed by Hey Presto Weddings will meet their standards of quality.
The laws of Queensland shall govern these terms and conditions, and any resulting arbitration shall take place. Client assumes responsibility for all collection costs and legal fees incurred by Hey Presto Weddings should enforcement of this contract become necessary. In the event that any part of this contract is found to be invalid or unenforceable, the remainder of this contract shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this contract shall not constitute a waiver of any other portion or provision of this agreement.
By enquiring and/or entering into an exchange of services with Hey Presto Weddings and its staff, you affirm that you are at least 18 years old, have the capacity to enter into a contract with Hey Presto Weddings . and agree to these terms and conditions.
License
Unless otherwise stated, Hey Presto Weddings and/or its licensors own the intellectual property rights for all material on Hey Presto Weddings . All intellectual property rights are reserved. You may access this from Hey Presto Weddings for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from Hey Presto Weddings
Sell, rent or sub-license material from Hey Presto Weddings
Reproduce, duplicate or copy material from Hey Presto Weddings
Redistribute content from Hey Presto Weddings
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Hey Presto Weddings does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Hey Presto Weddings , its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Hey Presto Weddings shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Hey Presto Weddings reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Hey Presto Weddings a non-exclusive license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organisations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organisation does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Hey Presto Weddings ; and (d) the link is in the context of general resource information.
These organisations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organisations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Hey Presto Weddings . Please include your name, your organisation name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organisations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Hey Presto Weddings ’s logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Reservation of rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided, we will not be liable for any loss or damage of any nature.