Terms & Conditions
Definitions
- ‘Contract’ – the document or documents setting out the services to be provided by us together with these terms and conditions and an accepted invoice or quote.
- ‘Event contact, you’ – the person, firm or organization engaging our services.
- ‘We’, ‘Us’, ‘E&M Encoré Events ABN: 92 462 476 850’
- Our ‘services’ – the services to be provided by us which include but are not limited to: florygal styling, event design, signage, décor, graphic design processes.
The following represents the Terms and Conditions of business between E&M Encoré Events and You/ Event Contact. Upon paying the deposit you are agreeing to the costs, inclusions and conditions and will be legally bound by them.
This contract follows your confirmation to request and secure E&M Encoré Events to assist in the planning and execution of certain elements pertaining to your Wedding or Special Event.
1. E&M Encoré Events RESPONSIBILITY
1.1 Upon accepting this contract you agree that the commitment by E&M Encoré Events to you includes all items and services as outlined in the itemized invoice issued.
1.2 Your E&M Encoré Event Planner understands their role will be that of a professional florist and decor stylist and should there be collaboration required by another party we will endeavor to do as agreed on the invoice but should the other party fail to perform their duties or meet their requirements, E&M Encoré Event reserves the right to make the best decision for the situation, with no repercussions.
1.3 Your E&M Encoré Events planner will use their judgment when taking action in regards to late changes, weather, tardiness and non performance based on the situation, time limitations and/or your wishes.
1.4 You give permission and shall allow E&M Encoré Event 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. E&M Encoré Event will obtain consent from you for the use of their professional images. The photographer will be credited for each photo. You will be contacted for permission and written consent for use of images for any other form of advertising other than publication on www.emencoreevents.com.au and various social media channels linked to the business.
1.7 E&M Encoré Events gives permission and shall allow you to use any photographs/videos in which the staff from E&M Encoré Event appear.
1.8 Where our florals appear and are posted on social media platforms you will endeavor to credit our work by tagging or mentioning “E&M Encoré Events” in your tags, captions or comments.
1.9 You give permission for your reviews to be shared across our various platforms. Including but not limited to Easy Weddings, Facebook, Instagram, Google, Website.
2. EVENT CONTACT RESPONSIBILITIES
2.1 You are responsible for payment to E&M Encoré Event as per this contract. In the event payment has not been received within ten (10) working days of the date of the invoice, E&M Encoré Events reserves the right to cancel the contract and your event date & time may be re-booked by other parties, without exception and without notice. Payments will still be due in accordance with the cancellation policy in 5.3.
2.3 You are responsible for providing E&M Encoré Event with all relevant contact details pertaining to any pre organized arrangements. This includes any scheduled time tables, bump in time and any other relevant information as required.
2.4 You are responsible for notifying E&M Encoré Events of any changes or amendments required in a timely manner. E&M Encoré Events will not be held liable to any changes made by you or any third parties that we are working with. Any cancellation or amendment fees will be payable by the event contact.
2.5 You will be invoiced by E&M Encoré Events 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. E&M Encoré Events will endeavour to avoid these parking fees where possible.
2.7 All routine office expenses incurred by E&M Encoré Events will be paid by E&M Encoré Events, however, any costs incurred for long distance or international phone calls, postage and other administration such as excessive printing or photocopies necessary to fulfill this agreement as determined by E&M Encoré Events in its sole discretion will be payable by you the client.
2.8 In the circumstance that E&M Encoré Events 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.
2.9 Any changes made by the client to the invoice after the deposit has been made will be entirely at E&M Encoré Event's discretion. In the circumstance that E&M Encoré Events decides that the changes cannot be made, the full amount of the invoice will still need to be paid.
3. HIRE/RENTAL AGREEMENT
3.1 All hire items fees are payable in addition to planning and coordination packages as stated on the invoice.
3.2 All quotations for E&M Encoré Events hire items are subject to availability at the time of booking.
3.3 All prices quoted are for single day hire unless otherwise stipulated.
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 the day after or on the same day after the event unless a prior arrangement has been made.
3.5 Selected items can be collected from the E&M Encoré Events office at Narre Warren North, VIC, 3804. An appointment time will be arranged for the pick up and return of hire items as stated on the invoice.
3.6 To confirm a booking with E&M Encoré Events, you are required to read through the quotation provided carefully ensuring quantities, dates and location details are correct.
3.7 For Deposit and booking confirmations please refer to 4.1 and 4.2.A
3.8 For cancellation policy refer to 5.3.
3.9 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.
3.10 In the event of damage or loss, an invoice for itemized repair or replacement costs will be provided to the hirer for payments to be made within thirty (30) days. If any products are returned in an unclean state, a cleaning fee will apply at the sole discretion of E&M Encoré Events and equal to the cost to E&M Encoré Events for cleaning .
3.11 If items are returned late an extended hire fee will apply. This will be charged at 30% of the original hire fee for each day the item is overdue. 3.12 Hired Bridal Party florals must be left at the venue for collection the same day of the event if you have engaged our Set up & styling team to pack down unless otherwise arranged . For DIY set ups, All hired Bridal Party florals are to be returned along with the rest of the hire items as per arranged with your Event Manager.
3.13 In the event of wet weather, E&M Encoré Events will relocate all hire equipment to an alternate destination. There will be no compensation offered for change of venue or if E&M Encoré Events can not fulfil the agreement due to poor weather. E&M Encoré Events will use their judgment when taking action in regards to late changes, weather, time limitations and/or your wishes. If no prior arrangements have been made for a wet weather option, you will be liable for all additional charges associated with moving to the alternate location.
4. DEPOSIT AND PAYMENTS
4.1 A 10% Deposit is required if the booking is made more than twelve (12) months from Event Date.
A 50% Deposit is required if the booking is made within twelve (12) to three (3) months from Event Date.
The full balance of the invoice must be paid if the booking is made within 3 months from Event Date
4.2 Payment is required within seven (7) working days of accepting this contract to secure a booking with E&M Encoré Events for your selected event date. Services will not commence until this payment is received and cleared.
4.2A Payment dates:
For more than (12) months from Event Date, 10% of the full invoice must be paid
At twelve (12) months from your Event Date, a payment of 50% of the full invoice must be paid.
At three (3) Months from your event date, the full balance of your invoice must be paid.
4.3 A suitable payment plan can be arranged on a monthly basis, if required.
4. 4 Payment Policy: Payment is due within 7 days of issue.
E&M Encoré Events accepts Bank transfer. Services will not commence until funds have cleared.
BRANCH : CommBank
ACCOUNT NAME : E&M Encore Events BSB: 063 608 Account no: 1111 4676
5. CHANGE / CANCELLATION
5.1 This agreement can only be modified in writing and all changes must be agreed and signed by all parties, or by the acknowledgement of email received by both parties.
5.2 In the event the client is forced to change the date of the event, every effort will be made by E&M Encoré Events to transfer all arrangements necessary to the new date. The event contact agrees 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 event contact further understands that last minute changes can impact the quality of the event and that E&M Encoré Events can not be held responsible for these compromises in quality. If the event contact changes the date/location of the event and this results in E&M Encoré Events being unable for any reason to provide the services as originally outlined, then E&M Encoré Events 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 you/ Event Contact: In the event of a cancellation, the following cancellation fees apply :
10% of the full invoice is non-refundable for all cancellations.
For cancellations more than twelve (12) months from the event date, all payments made excluding the 10% of the total invoice, will be refunded
For cancellations between twelve (12) to three (3) months from the event date, there is a 50% refund on the 50% payment due minus the 10% of the full invoice which is non-refundable. All payments must still be paid as stipulated in 4.2A.
For cancellations within 3 months of your event date there will be no refund and the invoice must be paid in full.
5.4 Cancellation by E&M Encoré Events: Should E&M Encoré Events be unable to perform any specific tasks in the planning of a wedding or event, due to death, illness, hospitalization or any other event beyond the control of E&M Encoré Events, we will do our best to find a substitute florist and stylist to fulfill the commitment to the best of our ability. We will refund all hired items. For purchased items, if they have already been purchased you will receive those items and for those purchase items on the invoice which have not yet been purchased by E&M Encoré Events, you will receive a full refund on those items. You will receive a full refund for any set up costs that have been invoiced. 10% of the full invoice which is non-refundable will be minused from the refund amount. Other than to the extent of the refund stipulated above, the event contact will have no claim against E&M Encoré Events.
5.5 There shall be no changes to the invoice three (3) months from the event date unless authorized by your event manager. The full amount of the invoice will remain the same and must still be paid in full or met with replacement items as authorized by your Event manager. Additional items may be added with your event managers discretion.
6. INDEMNITY
6.1 The event contact and its representatives agree to accept any and all liabilities that may be associated with the event being held, including but not limited to personal or bodily harm of guests or damages to venue and holds E&M Encoré Events harmless from the same.
6.2 Each vendor or supplier hired for your event is responsible for their own liability insurance necessary to protect you, the client and its representatives for this event.
6.3 E&M Encoré Events will always endeavor to work with other third parties as requested. We cannot be held responsible for any other supplier/service provider’s performance or product or tardiness.
6.4 E&M Encoré Events is not responsible for any circumstances preventing the event to happen, including as to fire, flood, earthquake or any other natural or human acts, lockdown. If the event is forced to be cancelled due to an act of god or any other circumstance beyond the control of E&M Encoré Events, E&M Encoré Events will only require the payment of 10% of the total invoice and any non refundable out of pocket expenses for items already purchased and time spent planning and is otherwise released from any other claim by the event contact.
A Certificate of Currency can be provided upon request.
7. MEDIATION
7.1 If in the event a dispute arises relating to this agreement, the parties will follow this procedure before pursuing any other remedy.
7.2 The parties will promptly meet to attempt, in good faith, to negotiate a resolution of the dispute.
7.3 If within thirty (30) days after that meeting, the parties have not resolved the dispute, they will submit the dispute in good faith to mediation in accordance with the rules of the agreed nominated organization and will bear equally the costs of the mediation.
7.4 After a mediator is appointed, the parties will participate in good faith in the mediation.