INTRODUCTION
“We” are: Amy Ford trading as Attabara Studio of 12 Scotts Way, Sunbury on Thames, TW16 7JQ (“The Planner”)
“You” are: The customer or customers that received the proposal (where more than one person, they shall be jointly and severally liable) ("The Client")
The Client is engaging the services of Attabara Studio and Attabara Studio accepts the booking. The booking is subject to the Terms & Conditions below, the contents of the invoice and booking agreement, to form this contract.
1. DEFINITIONS
In this agreement:
“The Assignment” means the project of work, Goods and Services set out in the proposal.
“The Event” means the Event to be delivered by The Planner under the Assignment.
2. PRICE, PAYMENT & EXPENSES
The Price for the Assignment is set out in the attached proposal. There is no VAT. The Price includes all advance planning, preparations and delivery of Services at the Event, as detailed in the attached proposal. The Price is paid as set out in this clause (“the Payments”) and excludes any expenses that will be incurred by The Planner which will be notified to The Client separately and agreed in writing. Expenses will be separately invoiced monthly.
FOR FEES BASED ON A % OF WEDDING BUDGET (full planning)
A budget for the Assignment has been agreed between The Client and The Planner and the Price shall be a percentage of the budget. As the Assignment progresses, the budget may increase or decrease, and the Price shall fluctuate accordingly. Staged Payments will be due as set out below based on the budget, and after the Event a final balancing Payment will be made in accordance with Clause 2.10.
A Booking Fee (“the Booking Fee”) of 40% of the Price shall be paid upon entering this agreement and The Planner’s invoice for the Deposit will follow – please refer carefully to Clause 3.
A second Payment of 40% of the Price shall be paid no less than 6 months before the Event.
The third Payment of 15% of the Price shall be paid 1 month before the Event.
The final Payment of the balance shall be paid within 14 days after the Event, once the final budget for the Assignment has been calculated by The Planner.
If at any time during the Assignment, the budget decreases to the level that means the % Price agreed under paragraph 2.6. falls below The Planner’s minimum price, then the Price shall be deemed to be fixed from that point as that minimum price and Clauses 2.2. – 2.5. shall apply.
The Price (the Payments and Deposit as set out above) and any expenses, shall be Fees of The Planner.
If Due to location & timing The Planner’s attendance at your event or site visit requires overnight accommodation for the Planner & Team, this will be invoiced as in Clause 2.1, unless provided by the bridal party (please be assured this will be simple accommodation ie. Premier Inn and agreed in writing with The Client before booking.)
Payment for all suppliers must be made by The Client directly unless otherwise agreed in writing. Attabara Studio must receive exact payments cleared in the bank account before purchasing on behalf of the client.
UK travel outside of a 40 mile radius for site visits, client meetings and the event will incur a surcharge to cover mileage (at £0.45p/m) or train fares where required. Travel & accommodation for destination site visits, client meetings and the event will all be chargeable. We will always outline an estimate for this in advance of you confirming your booking with us.
Staffing for your event will be outlined and agreed within your proposal. Any additional staffing required will be charged and invoiced separately at a rate of £200.00 - £250.00 pp / per day.
A hot meal must be provided for all members of the Attabara team on the wedding day
By paying the booking fee, you are confirming agreement with the listed Terms & Conditions and this contract will be binding.
3. CANCELLATION OF AGREEMENT
The Assignment can be cancelled by either party in writing or by email subject to the matters set out in this clause.
If The Planner cancels the Assignment, the Booking Fee will be repaid to The Client within 14 days of cancellation, and no further refunds, sum or compensation will be payable to The Client by The Planner arising from such cancellation.
If The Client seeks to cancel the Assignment more than 90 days before the Event, then the Booking Fee will be forfeited. Any work undertaken by The Planner or expenses incurred as at the date of cancellation must be paid by The Client, and those paid shall also be non-refundable. No further sums will be due from The Client to The Planner.
If The Client seeks to cancel the Assignment less than 90 days before the Event, but more than 30 days before the Event then the Booking Fee will be forfeited. Any work undertaken by The Planner and any expenses incurred as at the date of cancellation must be paid by The Client, and those paid shall also be non-refundable. In addition, a cancellation fee will be immediately due, which shall be 80% of the Fees less any Fees already paid.
If The Client seeks to cancel the Assignment less than 30 days before the Event, then the Booking Fee will be forfeited. Any expenses incurred as at the date of cancellation must be paid by The Client, and those paid shall also be non-refundable. In addition, a cancellation fee will be immediately due, which shall be 100% of the Fees less any Deposit paid.
4. THIRD PARTY SUPPLIERS
The Planner will not be liable for failure of delivery by any third party suppliers contracted by the client. Third party contracts, and the performance of these suppliers, is beyond the control of The Planner. Whilst The Planner will do everything to mitigate problems that may arise we cannot accept responsibility for the unsatisfactory performance of a third party supplier.
To fulfil our service as agreed by you we may need to share your personal information (Name & Address) with suppliers to form booking confirmations, invoices and contracts on your behalf. We will only share this information as agreed explicitly by you.
We may be required to share your guestlist and dietary information with stationery and catering supplier as agreed by you.
5. GENERAL CONDITIONS
The Planner shall use reasonable endeavours to meet any performance dates, but such dates shall be estimates only and time is not the essence of the contract.
The Fees will be paid after invoices rendered from time to time. No VAT is applicable. Payment terms are 14 days, and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time, the Services may be suspended and payment in advance may be required before the Services are recommenced.
If payment is not made in accordance with the above clauses, The Planner reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with the regard to the control and processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on our website.
The Client grants The Planner consent to use any work including photographs created as part of the Assignment to show off The Planner’s services and designs, together with the right to display non-identifiable images as part of their portfolio and to write about the Assignment on websites, and in marketing materials. If The Client does not wish to give this consent then they must confirm this in writing with 7 days of entering into this agreement.
(a) The Planner will use reasonable care and skill in performing the Services. Where any valid claim in respect of the Services is made, The Client may be entitled only to a refund of the Fees or part of the Fees. In respect of any other direct losses (in Contract or Tort) the total liability of The Planner will not exceed £100,000.
(b) The Planner’s liability in respect of any loss of goodwill, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be nil.
(c) Nothing in these Terms will exclude or limit liability for death or serious injury caused by The Planner’s negligence.
7. The Planner shall have no liability to advise on the legality of any marriage, nor any obligation to ensure the legality of any marriage ceremony included in the Event. The Planner shall have no obligation to ensure compliance with the marriage laws and customs of any territory in which the Event takes place. It is The Client’s sole responsibility to ensure compliance with the law, and that any marriage conducted as part of the Event is legal and binding (where required).
8. The Services may be terminated if payment of the Fees is not made in accordance with these Terms; or if The Client commits a material breach of any of these Terms and fails to remedy the breach within 14 days of being notified in writing; or The Client makes any statements or behaves in a way or requests The Planner to undertake any actions that are discriminatory, illegal or immoral; or if The Client enters into any form of insolvency arrangement, or suspends their business. Upon termination The Client shall immediately pay any Fees for work done to that point, to The Planner.
NOTE: The Planner operates a zero-tolerance policy to anti-social or abusive behaviour by The Client or their guests. If The Planner, or their staff, are subjected to unacceptable levels of verbal abuse, drunken or lewd behaviour or actual or perceived threats, The Planner shall be entitled to immediately withdraw the Services and leave the Event site, without any comeback on fees paid by you, the client.
9. The Planner shall not be liable for any breach of contract due to force majeure.
10. Nothing in these Terms is intended to create a partnership or joint venture between The Planner and The Client, and no party has the right to act as agent for the other or to bind the other party in any way.
11. Variations to the Assignment, or to the Services, may only be agreed in writing. Services outside the scope of the proposal will attract additional charges.
12. Following the conclusion of these Services, The Planner may wish to contact you to request testimonials, recommendations or feedback on the Services. By agreeing these Terms, you are consenting to that contact by The Planner after the conclusion of the Services.
13. These Terms and any dispute arising from them shall be governed by the laws of England and Wales.
TERMS & CONDITIONS