Marriage Celebrant Service Agreement

Last updated: January 27, 2025

Thank you for choosing Josh Withers, ABN: 37709073991 (hereafter “the Celebrant”, “their”, “they”, “them”) for your wedding.

This is an Agreement under which Person One and Person Two (hereafter ‘you’ or ‘your’) agree to use the Services (‘the Terms’) supplied by the Celebrant.

Please read these Terms carefully before booking with the Celebrant or using the Services. The Terms below are important because they set out the rights and obligations of you as the Couple, when using the Services (‘Your Booking’).

Your Booking is confirmed once you have executed these Terms. However, where you fail to accept the Terms but proceed to use the Celebrant’s Services (or pay the booking fee), you confirm your agreement to be bound by these Terms. This agreement expressly supersedes prior agreements or arrangements with you.

1. Scope of Services

  1. The Celebrant provides professional celebrancy Services outlined in the Terms and as detailed in your Invoice (‘the Services’);
  2. The Celebrant also provides a number of additional services which may be provided to you upon request at an additional cost (hereafter, the ‘Additional Services’). Where it is agreed that these Additional Services are provided to you, this will be confirmed by way of email.
  3. The scope of Services will be outlined in the Booking Details, which will outline the particular aspects of your booking, such as the time, date and location of your wedding. Any variations to the aspects of your booking must be mutually agreed in writing.
  4. The Celebrant agrees to conduct a marriage ceremony at the agreed time, date and place, in accordance with the Marriage Act 1961 (Cth), the Code of Practice for Marriage Celebrants and any other rules and regulations relating to the provision of celebrancy services.
  5. You acknowledge that you have entered into an agreement with the Celebrant so that they can perform the Services not only on the Booking Date provided but the Services prior and after.

2. Booking Fee

  1. You must pay a Booking Fee which is non-refundable. The Booking Fee required to be paid is $700 of the total invoice.
  2. By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable. The purpose of the Booking Fee is to not only secure the Celebrant and their Services, but to pay for work performed upon you making that Booking.
  3. Again, the Booking Fee is non-refundable and has been set as liquidated damages as a genuine estimate of loss suffered in the event that you cancel the Celebrant and the associated Services, regardless of whether the Celebrant is able to re-book any event in its place.
  4. Subject to the terms and conditions contained within this Agreement, your Booking Fee may be transferred to another date if agreed between the parties.

3. Payments

  1. Each party of the Couple will be jointly and severally liable for all payments owing to the Celebrant.
  2. You are required to pay for the Package as follows:
    • The Booking Fee (being $700 of the total amount due) as outlined in Clause 2;
    • The remainder of the total amount due (the Final Payment) due in four months from your Booking Date, or one month before the wedding date, whichever date falls first.
    • If the 10% discount for full payment at time of booking is chosen, full payment is made today.
  3. The total amount due may also include the Additional Services that you have requested from the Celebrant. Where the Additional Services are requested after the Final Payment is made, The Celebrant will provide a further invoice to you. That invoice must be paid within one month of the date of the invoice.
  4. For all payments we will provide you with an invoice for the Services in advance. Any payments made to the Celebrant will be made via direct deposit or credit card. The Celebrant does not accept cash payments.
  5. Where you pay the invoice through the assistance of a Third Party Payment Provider (TPPP) such as Stripe or PayPal, you acknowledge that you have read over those terms and conditions thoroughly, and have informed the TPPP that they agree to be bound by any terms and conditions in addition to these terms. The TPPP or their bank or other financial institution may require you to pay processing fees or other fees and charges. Any such fees and charges are your sole responsibility and are not included in the invoice, or other paid services unless otherwise specified. The Celebrant accepts no responsibility for your use of any TPPP. You agree to keep their information including their email address and payment details up to date so that the TPPP and the Celebrant can process payment and contact you as needed in connection with the provision of the Services.
  6. The Celebrant reserves the right to increase the price of the Services where there are any last minute changes to your requirements, including but not limited to a change in scope of services, the hours of work to be performed, or increase in labour by the Celebrant. The additional charges must be paid within one month from the date of the invoice.

4. Cancellation or Postponement of Booking

  1. You may cancel this agreement at anytime, by notifying the Celebrant in writing. By doing so, you forfeit fees paid.
  2. In the event that you wish to postpone your Booking, this will be treated as a cancellation in accordance with Clause 4.2. Should you wish to book a further date, you will be required to pay a new Non-Refundable Booking Fee for a date that is mutually acceptable to both the Celebrant and you.
  3. The Celebrant may terminate the agreement between the parties where you are in breach of the Terms, including but not limited to the non-payment of invoices. Where The Celebrant terminates the agreement for breach, you will be responsible for all fees and disbursements incurred or accrued prior to termination.
  4. The Celebrant may withdraw their Services in some circumstances. Such circumstances include discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors.

5. Cooperation

  1. You warrant that:
    • The Celebrant has explained to you the legal requirements for entering into a marriage, and you fully understand those legal requirements;
    • you are legally able to marry each other;
    • each party is providing full and free consent to marry.
  2. You agree to:
    • complete and provide to the Celebrant, a Notice of Intended Marriage, no less than one (1) month and no more than 18 months, prior to the ceremony date;
    • complete the legal paperwork questionnaire either online or manually where required;
    • provide the Celebrant with any information which may be relevant to you, the ceremony or the legal requirements associated with the intended marriage;
    • provide the Celebrant all documentation requested, no less than the fourteen (14) days before the ceremony date. Subject to 5.3, if the parties fail to do so, the Celebrant is under no obligation to perform the ceremony and may cancel the Booking with all monies already paid by the parties forfeited; and
    • communicate all of their expectations to the Celebrant no later than thirty (30) days before the ceremony date. If you fail to do so, all decisions regarding the content of the ceremony will be left to the sole discretion of the Celebrant.
  3. Where it becomes apparent that the parties are unable to undertake a lawful marriage ceremony, you may choose to have the Celebrant perform a “commitment ceremony”. Where you wish for the marriage to be solemnised thereafter, further fees will be incurred.
  4. You will be responsible for ensuring that two (2) witnesses, 18 years of age or older attend the ceremony, as required by law. You are to ensure that the witnesses are not hearing impaired, and that the witnesses are situated close to the Celebrant as they conduct the ceremony, so as to ensure that they can hear and understand what is being said during the ceremony.
  5. You must not be under the influence of alcohol or other substance which may impair your capacity to take part in the ceremony. The Celebrant can, at any time using their own judgment and sole discretion, refuse to undertake the ceremony, in accordance with the relevant legislation relating to the same.
  6. You agree to positive cooperation and communication with the Celebrant. The Celebrant is not responsible for key individuals’ failure to be present or to cooperate during any meetings with The Celebrant, or the ceremony itself.
  7. If you wish to make changes to the ceremony, you must provide written instructions to the Celebrant as soon as possible. The Celebrant will make reasonable attempts to implement the change/s.
  8. Should your Booking date be impacted by rain or weather conditions as contemplated elsewhere in the Terms, you are responsible to inform The Celebrant of any changes to location a minimum of two (2) hours prior to the start time.
  9. The Celebrant will arrive at the Venue at least thirty (30) minutes before the ceremony is due to start.
  10. Where either of you are late to the ceremony at the proposed time, or hold the ceremony to wait for other vendors, invitees or the like, for a period sixty (60) minutes longer than the agreed ceremony start time, the Celebrant reserves the right to leave the venue and not undertake the ceremony.
    • Where the Celebrant exercises their right to leave the venue and not undertake the ceremony due to the aforementioned Clause, a further fee will be charged to you for the ceremony to take place at a different place and/or time;
    • Where the Ceremony does not finish at the agreed end time, and due to the delay the Celebrant incurs extra charges including but not limited to paid parking, a further invoice will be issued to you for such charges and made payable within seven (7) days.

6. Registration of Marriage

  1. Upon completing your ceremony, the Celebrant will provide you with a Commemorative Marriage Certificate.
  2. The Celebrant will endeavour to complete all relevant paperwork relating to the registration of marriage within two (2) business days, and lodge the relevant paperwork with the Office of Births, Deaths and Marriage.
  3. You will be informed in writing by the Celebrant once the marriage has been officially registered with the Office of Births, Deaths and Marriage.
  4. You will need to apply for the ‘Official Marriage Certificate’ in order to apply for name changes, and other legal documents where the Certificate may be required. An additional charge is incurred for applying for such document and must be paid by you. The Celebrant is able to assist you in applying for this document.

7. Safety

  1. You shall agree that, while working with the Celebrant on your Booking Date, you are not to undertake any illegal or dangerous activities that threaten the Celebrant’s safety and well-being.
  2. Unless legislation provides otherwise, it is your responsibility to ensure they, and its other vendors, are following government regulations in regards to public health and safety, including those restrictions relating to gatherings and social distancing.
  3. If these regulations are not strictly adhered to and the Celebrant feels that their personal safety is at risk, the Celebrant reserves the right to exit the wedding and their duties and you will forfeit any fees paid.
  4. The Celebrant is not responsible for the failure of the wedding participants and guests to follow government regulations in regards to public health and safety, including those restrictions relating to gatherings and social distancing. To the fullest extent permitted by law you agree that the Celebrant will not be liable to you or any person for any claim resulting from issues relating to public health and safety and the following of mandatory rules and regulations relating to the same.

8. Use of Images

  1. You acknowledge that the Celebrant may take images and/or video of you using their Services on or before the Booking Date. You hereby irrevocably waive all copyright rights (including moral rights) in any such images and agree to provide us a royalty free nonexclusive licence to use any such images for marketing purposes. By accepting these terms, you confirm that you have given permission for the Celebrant to take images and videos, and sought the permission from your guests and vendors for the Celebrant to do the same.
  2. You may however inform the Celebrant that you do not wish for them to use images of you at any point in time in writing. If the Celebrant has used these images and you wish for them to be removed, they will endeavour to remove them as soon as practically possible.
  3. Where you provide the Celebrant with images or video from your special day, you warrant that you have obtained permission from the owner of those images in order for the Celebrant to use for marketing purposes.
  4. Any photographs, videos or sound recordings taken by you of the Celebrant must be for personal use only and must be taken legally. Any use, reuse or production for commercial purposes without the Celebrant’s express written consent is strictly prohibited.

9. Intellectual Property and Confidentiality

  1. All Intellectual Property created by the Celebrant during the provision of the Services remains that of the property of the Celebrant. The Celebrant grants to you an exclusive, non-transferable, royalty-free, perpetual license to use any intellectual property rights owned by the Celebrant for the purposes of performing the ceremony for you.
  2. Given the quality of material developed by the Celebrant, you must not disclose any confidential Information to any third party without the prior consent of The Celebrant. If you disclose any confidential Information to a third party without the prior written consent of The Celebrant, you will be liable for any damage suffered by The Celebrant as a consequence of the disclosure.
  3. All obligations of intellectual property and confidentiality set out in this Agreement continue in full force and effect after the Completion Date.

10. Meal

  1. If The Celebrant is required to stay at the event for longer than four (4) hours, you agree to provide a meal for the Celebrant and any assistants.

11. Equipment

  1. The Celebrant will take any steps they consider necessary to protect equipment, documents and certificates if there is any risk of damage by rain or inclement weather or other situation.
  2. The use of the Celebrant’s PA system is subject to favourable weather conditions and will not be used in any circumstances where the system may be exposed to harm by persons or the elements. Judgement as to suitability of the PA system is to be made at the Celebrant’s sole discretion.
  3. Where the Celebrant’s PA System is damaged through no fault of the Celebrant e.g. microphone dropped by a participant of the ceremony, or through use of an iPod or music application for music, you will be responsible for and pay all associated costs involved in fixing or replacing the damaged item.
  4. The Celebrant undertakes to use their best endeavour to ensure that the PA is fully charged, functional and tested prior to the ceremony. However, you acknowledge that electrical equipment may malfunction from time to time and should the PA fail at any time prior to, during or after the ceremony, through no fault of the Celebrant, the Celebrant will not be held responsible.

12. Subcontracting of Services

  1. In the unlikely event of severe medical, natural, or other emergencies, or where, for whatever reason, The Celebrant cannot perform the ceremony, the Celebrant will make every effort to secure a replacement. If a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the contracted Services. However, notwithstanding a suitable subcontractor found, those Services will be provided by that subcontractor at the price already invoiced and paid to the Celebrant.

13. Warranty, Liability and Indemnity

  1. To the extent that the Australian Consumer Law allows, the Celebrant provide the Services on an “as is” and “as available” basis and disclaim all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.
  2. To the fullest extent permitted by law you agree that the Celebrant will not be liable to you or any person for any claim resulting from or arising out of your use (or inability to use) the Services. This includes any direct, indirect or consequential loss, even if such loss was not contemplated at the time of making the Booking or accepting these Terms.
  3. To the fullest extent permitted by law, you agree to indemnify the Celebrant, and its officers, directors, employees from and against all claims, including reasonable legal costs, resulting from any breach of this Agreement or any activity related to your use of the Services, (including, without limitation, infringement of any third party’s copyright, trade mark, patent or other intellectual property rights anywhere in the world or any negligent or wrongful conduct) by you and any liability for any claim, whether direct, indirect, incidental, special and/or consequential loss even if such loss was not contemplated at the time of making the Booking or accepting these Terms.

14. Force Majeure

  1. The Celebrant will not be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Agreement that is caused by any act or event beyond the Celebrant’s control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (known as ‘force majeure circumstances’).
  2. If a genuine force majeure circumstance occurs and means that the performance of the Celebrant’s obligations under the Agreement is impossible, we will contact you as soon as reasonably possible to notify you and the Celebrant obligations under the Agreement will be suspended and the time for performance of the Celebrant obligations will be extended for the duration of that force majeure circumstance.
  3. This clause does not apply in circumstances where an event outside of the Celebrant’s control occurs but the circumstances still make the Booking possible (notwithstanding inconvenience or hardship). If events beyond the Celebrant’s control occur (such as restrictions to numbers of guests, or density requirements) but it is entirely possible for the Celebrant to solemnise your marriage, any choice to cancel your wedding is done so at your own initiative.
  4. If you cancel the booking or vary the booking because the alleged event outside of the Celebrant’s control causes mere inconvenience or changes the booking in a manner that does not suit you, any fees and charges that are deemed non-refundable remain so and the Celebrant is only obliged to use its reasonable endeavours to provide an alternative date.
  5. In genuine force majeure circumstances, the Celebrant will endeavour to arrange a new date for the Booking with you after the event outside of its control is over. Parties must use all reasonable endeavours to mutually agree on a new date, but if the parties are unable to agree on an alternative date, the Booking will be considered cancelled under the terms outlined in Clause 4.
  6. If you choose to book again and an event beyond the Celebrant’s control is reasonably foreseeable, based on Government guidance, then the booking is done so at your own risk and the Celebrant is not liable for any loss suffered as a result of the failure of your second booking to proceed. The Celebrant is under no obligation to provide a further date as a result of any cancellation or postponement.

15. Jurisdiction

  • These Terms are governed exclusively by the laws of Tasmania, Any legal proceedings relating to them can only be taken in courts with jurisdiction in Tasmania.

16. Severability and Waiver

  • If the whole or any part of a provision of these Terms is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. - - This does not apply if the severance of a provision of this contract in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under the Terms. Any failure by the Celebrant to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted to you in writing.

17. Variation

  • This agreement may only be varied by you if mutually agreed with the Celebrant and made in writing.

18. Execution by Parties

  • This agreement must be executed by each partner named. In instances where it is agreed to by one party, the agreeing party acknowledges and warrants that they have the authorisation to execute the agreement on behalf of the other party. In doing so, they also warrant that the other party has read and understood the Terms prior to providing permission to execute.

19. Ceremony Rehearsals

  1. The Celebrant does not conduct or require ceremony rehearsals as part of their standard service.
  2. This policy is based on professional experience that rehearsals can:
    • Increase pre-wedding stress
    • Reduce the natural flow and spontaneity of the ceremony
    • Add unnecessary complexity to wedding preparations
  3. If you insist on a rehearsal, this must be:
    • Requested in writing
    • Subject to the Celebrant’s availability
    • Charged as an Additional Service
  4. The Celebrant’s professional expertise ensures a smooth ceremony without the need for rehearsal.

20. Virtual Services and Digital Planning

  1. The Celebrant provides virtual consultation services and online ceremony planning tools as part of their standard service offering.
  2. You acknowledge that virtual meetings may be subject to technical difficulties and agree to work cooperatively to resolve any such issues.
  3. The Celebrant will make reasonable efforts to ensure the reliability of virtual services but cannot guarantee uninterrupted access.
  4. You are responsible for ensuring you have adequate internet connectivity and appropriate devices for virtual consultations.

21. Data Handling and Storage

  1. The Celebrant will handle all digital documents and personal information in accordance with the Privacy Act 1988 (Cth), the Marriage Act 1961, the Marriage Regulations 2017, and Australian Privacy Principles.
  2. The Celebrant will:
    • Store your personal information securely using industry-standard practices
    • Retain your marriage documents for the period required by law
    • Only share your information with third parties as required by law or with your explicit consent
    • Make reasonable efforts to protect against unauthorized access or data breaches
  3. While the Celebrant takes all reasonable modern and professional precautions to protect your data, you acknowledge that no digital storage method is completely secure.

22. Social Media and Content Creation

  1. By accepting these Terms, you acknowledge and agree that:
    • The Celebrant may take photos and videos during the ceremony and associated events
    • These materials may be used on the Celebrant’s social media accounts and marketing materials
    • The Celebrant may live-post content from your ceremony on social media platforms
  2. You may opt out of any or all social media coverage by notifying the Celebrant in writing.
  3. If you wish to restrict social media posting during the ceremony, you must notify the Celebrant in writing at least 7 days before the ceremony date.
  4. The Celebrant retains all rights to any content they create, subject to your right to opt out of its use.

23. International Payments

  1. All fees are quoted and payable in Australian Dollars (AUD) unless otherwise agreed in writing.
  2. For international payments:
    • The exchange rate applied will be the market rate at the time of payment
    • Any currency conversion fees or international transfer fees are your responsibility
    • The amount received by the Celebrant must equal the invoiced amount in AUD
  3. Alternative payment arrangements must be agreed upon in writing before booking.

24. Destination Weddings

  1. For weddings requiring travel from Tasmania:
    • Travel expenses will include flights, transfers, and accommodation
    • All travel outside of Tasmania will be arranged to and from Hobart Airport
    • Initial travel costs will be estimated and agreed upon at booking
    • Any changes in travel costs before booking will be communicated to you promptly
    • You will be responsible for any increase in travel costs
  2. The Celebrant reserves the right to choose appropriate flights and accommodation within the agreed budget.
  3. Additional expenses incurred due to travel delays or changes not caused by the Celebrant will be your responsibility.
  4. For weddings in Tasmania:
    • Travel expenses would extend to any helicopter or light aircraft flights or boat transfers required for unique destinations that cannot be reached by road.
    • If accomodation is required because of travel distance or time of service initial travel costs will be estimated and agreed upon at booking
    • Any changes in travel costs before booking will be communicated to you promptly
    • You will be responsible for any increase in travel costs

25. Feedback and Reviews

  1. You agree to:
    • Provide any negative feedback or criticism directly to the Celebrant via private correspondence
    • Only post public reviews that accurately reflect the services provided
    • Contact the Celebrant directly to resolve any issues before posting public reviews
  2. The Celebrant welcomes constructive feedback and will make reasonable efforts to address any concerns raised through appropriate channels.
  3. This clause does not restrict your right to make truthful statements but encourages resolution through direct communication.

26. Indemnities and Liabilities

  • Any indemnities or liabilities within these Terms will be reduced proportionately to the extent the liability was caused by our negligence.