THE MODERN APPROACH TERMS AND CONDITIONS
Thank you for choosing/considering The Modern Approach (ABN 42146578742) for your special day. This is an Agreement under which you agree to use the various Services supplied by The Modern Approach (hereafter ‘The Client’, ‘You’ or ‘your’). Please read these terms carefully before booking with The Modern Approach, or using our Goods or Services (‘the Terms’). The Terms are important because it sets out the rights and obligations of You, as the Client, when using our Goods or Services (‘Your Booking’).
Your Booking is confirmed when you accept our quote by completing your name in the acceptance signing box and you are confirming your acceptance and agreement to be bound by these terms and by also using our services you are bound by these terms.
This agreement expressly supersedes prior agreements or arrangements with you.
1. Scope of Services
a. The Modern Approach provides a wide range of Goods and Services. Including but not limited to the following:
a. Event Advisory Services;
b. Wedding Planning, Styling and Coordination Packages;
c. Styling and Coordination Packages;
(‘the Services’); and
d. Styling props inclusive in the above packages; and
e. General equipment hire.
f. The Booking Form will confirm the nature of the Goods and Services to be provided to You, subject to a variation between the parties in accordance with the Terms contained within.
g. A Booking Form does not constitute a reservation of any date for Your Booking, until a quote has been provided and your Booking Fee has been paid.
a. All quotes are valid for three (3) days (‘the Quote Period’). During the Quote Period, all Goods and Services are held “reserved” for the Client and a Booking Fee must be paid in accordance with Clause 3.
b. All quotes are valid for the specified event only. Where the Goods or Services are used for a second event, The Modern Approach is entitled to charge the Client the full costs for the second event. Event The Modern Approach may charge a reduced fee where the second event is advised, at its sole discretion.
c. All quotes are dependent on The Modern Approach being given appropriate access to deliver, install ON THE DAY and dismantle THAT NIGHT (EXTRA) OR EARLY MORNING (PACK DOWN) on the day/times specified in the quote. These arrangements are to be confirmed by the venue and the Client with The Modern Approach before the Booking Fee is paid. Should The Modern Approach be required to stay at the venue after the initial installation (for whatever reason), additional charges may be incurred outside of the quoted amount.
3. Booking Fee
a. The Client must pay a non-refundable, non-transferable Booking Fee being the minimum of 30% of the total price quoted by The Modern Approach. For some packages or Services provided, a higher Booking Fee (being 50% of the total price) will be required. The Booking Fee is a genuine estimate of loss suffered in the event that you cancel the booking, regardless of whether we are able to book another client on your Booking Date, but also payment for work performed up to the point of booking and costs and expenses associated with doing so.
b. The payment of the Booking Fee after the expiry of the Quote will not constitute confirmation of the Booking Date. Rather, Your Booking can only be re-offered provided the date, Goods or Services are still available, and not allocated to other events/clients.
c. The non-refundable Booking Fee is not transferable to another Booking Date, and the variation of your Booking Date constitutes a new booking, subject once more to these Terms.
a. For payments other than the Booking Fee, The Modern Approach will provide you with an invoice for Goods and Services. Any payments made to The Modern Approach will be made via bank transfer to the nominated bank account on the invoice.
b. The payments may be made on an “incremental basis”, as agreed between the parties where required. The incremental payments are needing to be provided on the basis that work will continuously up to your Booking Date.
c. The final balance of your invoice from The Modern Approach must be paid thirty (30) days prior to the Booking Date. Failure to pay monies due means that The Modern Approach may suspend or withhold the provision of Goods or performance of Services until such payment is made.
d. The Modern Approach reserves the right to engage debt collection Services should any outstanding invoices not be paid in full by the due date. This includes any payments due to missing or damaged items provided in accordance with the Terms below.
5. Variation of Price
a. Where required, all details of styling must be finalised sixty (60) days prior to the event due to the need for notice with sundries, staff and supplier third party purchases and orders. The Modern Approach may make a variation of the price if there are any increases in cost of sundries, staff or third party purchases or orders from date of Quote.
b. The Modern Approach reserves the right to increase the price of the Goods or Services where there are any last minute changes to the Client’s requirements, including changes relating to type of event held, the number of guests, or provision of extra equipment. You must inform The Modern Approach of these changes as soon as possible so as to ensure that the variation of the Goods and Services can be made.
c. The Modern Approach also has the right to pass on any increase in labour cost due to the last minute change, including additional fees incurred through late night or early morning installations or dismantling, or waiting thirty (30) minutes due to delays outside the control of The Modern Approach.
d. The Modern Approach charges a change of venue/locations fee if we have already attended a site visit at your original booked venue and started the planning/ styling process and floor plan at your originally booked venue. Depending on what stage of the planning/styling process we are at and how far out from your wedding it will be a minimum amount of $500 and the amount charged is at The Modern Approach discretion and will be calculated on the extra amount of work and replanning that is required.
e. At this stage The Modern Approach is not registered for GST, this may change in the future and your invoice may change to include GST for future payments due.
*Please note once your mood board is approved it is encouraged that you do not change your mind on this. Of course we want nothing more than for you to have your day your way but if we have started or finished your concept on the direction of the mood board that you approved and want us to start again we will need to charge an additional fee to cover the time it takes to restart./redo this. Exact price is to be determined by The Modern Approach based on what stage we are up to with the Styling Concept and the scope of work involved to re-work this.
6. Cancellation of Booking
a. You may cancel this agreement at anytime, by notifying The Modern Approach in writing and by doing so, you forfeit the non-refundable Booking Fee. Cancellation shall not affect your obligation to pay for Services provided, work performed, and materials purchased after the acceptance of the Terms.
b. Payments made prior to cancellation are non-transferable, unless otherwise agreed between the parties.
c. You acknowledge that any arrangement where payments are made in staggered increments has been made so as to ensure that The Modern Approach are paid for Services provided up to the point of each payment date. Accordingly, any payments up to date of cancellation become non-refundable.
d. If you cancel your Event within sixty (60) days from date of Event, you are required to pay the full amount as outlined in Item # of the Schedule.
e. The Modern Approach 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 Modern Approach terminates the agreement for breach, you will be responsible for all fees and disbursements incurred or accrued prior to termination.
7. Weather Conditions
a. In the case of inclement weather on the day of the event, The Modern Approach must be included in the decision-making process regarding location and timing changes. Please note that this is because the time required for installations can vary greatly. Once a major installation has been created, it cannot be moved. In the event that installations need to be moved, there may be an extra charge, and this is only limited to those flowers that are able to be relocated.
b. Altars, archways and hanging installations although constructed and installed to the highest safely standards are temporary structures for decorative purposes. These structures are not designed to, and will not provide protection from nor withstand, hazardous weather conditions such as strong wind, heavy/driving rain, or lightning. You agree that it is the client’s responsibility to be aware of changing weather conditions and to protect the safety of the wedding party, guests, and all other persons, by the evacuation of said structure and its vicinity when necessary. Safety for the client, their guests, and all persons is our main concern.
c. If you have an event or hire items booked and the weather is predicting rain on your Booking Date, The Modern Approach requires an alternative arrangement made as to location of equipment or materials. The Modern Approach reserves the right to refuse to deliver items where they are may be exposed to inclement weather conditions.
d. Where inclement weather is experienced during the event, the Client must use its best endeavours to relocate all items of The Modern Approach so as to minimise damage to such items or equipment.
8. Set Up and Pack Down
a. On your Booking Date, if it is part of the Services agreed, you and The Modern Approach will develop a “run sheet”. The Modern Approach will not be held liable for items not set up if they were not listed on the “run sheet”.
b. Prior to the Booking, The Modern Approach and you will arrange the nature of the set up and break down of structures, equipment and materials.
c. You warrant that you have obtained approval (by way of licenses, permits or otherwise) in order to hold your event at its location and with the structures, equipment and materials arranged. The Modern Approach will not be a liable for any loss, damage or delay as a result of failing to obtain such approvals. It is the responsibility of the client to determine what approvals will be required.
d. Where pack down is included in the package, and pack down is required to be done at midnight, you will be charged extra for this if extra labour is required to meet that deadline. This cost will be at a minimum of $100 per hour per person required. This will be added to your final invoice.
e. Unless general equipment is being provided in accordance with Clause 9, The Modern Approach will be responsible for all set up the breakdown of the installations. A standard breakdown fee is included in your quote but may be increased if the venue requires breakdowns after midnight on the night of your wedding or event due to bookings at the venue early the next day.
f. If The Modern Approach has been contracted to breakdown materials, equipment and structures, all flowers, containers, rentals, and sundry items provided by The Modern Approach under this Agreement will be removed and dealt with by our team unless other arrangements have been made. The Modern Approach will not be responsible for the breakdown and removal of any furniture, props, vessels, containers, candles, etc. that have not been provided by us.
g. All packaging equipment such as tubs, storage containers and the like must not be thrown away at any stage and all items hired by the Client must be repacked in the same way as they were received. The Modern Approach reserves the right to invoice the Client after the event for any replacement costs of damaged and/or misplaced hired equipment and packaging equipment.
9. Rent of General Equipment
a. The Modern Approach may agree to rent the equipment to you, and you agree to rent the General Equipment from the The Modern Approach in accordance with this clause.
b. You will be required to pay a non-refundable, non-transferrable Reservation Fee of 30% of the Total Cost for the hire items at the time of making the Booking.
c. All cancellation of general equipment hire must be submitted in writing to The Modern Approach no less than thirty (30) days from the date of the Booking. If cancellation is made within that thirty (30) day period, the non-refundable Booking Fee is forfeited and the Client is liable for the full payment of the hire items and refunds of monies paid will not be made.
d. You must inspect the general equipment for any damage at the time of collection or within four hours of the equipment being delivered, and raise the issue with The Modern Approach immediately upon noticing damage.
e. Standard delivery fees are included in your quote but if the location or amount of different location drop off changes there may be an extra charge.
f. The Client will, at the Client’s own expense, keep the equipment in good repair, appearance and condition, normal and reasonable wear and tear excepted. If the equipment is not in good repair, appearance and condition when it is returned to The Modern Approach, the Client must immediately reimburse The Modern Approach for the actual expense of those repairs or replacement of the equipment.
g. The Client will be required to pay a “bond” before taking possession of the equipment. Where the general equipment is returned in the condition it was provided to you, you will be refunded the bond upon return and inspection of the equipment which may take up to 10 Business Days from the date of the Event. Where items are damaged or lost, and the bond is not sufficient to cover the loss or damage to the item, the Client will be liable for any costs above and beyond the bond amount in order to repair or replace the item. It is at The Modern Approach’s sole discretion as to whether to repair or replace.
h. Unless the Client obtains the prior written consent of The Modern Approach, the Client will not alter, modify or attach anything to the equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the equipment.
i. To the extent permitted by law, the Client will be responsible for risk of loss, theft, damage or destruction to the equipment from any and every cause.
10. Styling Introductions or Referrals
a. The Modern Approach may assist the Client to create the concept and overall creative design of the Event and may refer you to a supplier or service provider for the purposes of that supplier or service provider supplying Goods or Services directly to you. You make the decision independently of The Modern Approach’s recommendation and agree to fully inform yourself of the provision of Goods and Services before accepting to use the same.
b. You are expected to deal directly with the supplier or service provider unless otherwise agreed, and all payments need to be made to that supplier or service provider in accordance with the relevant terms and conditions of that relationship.
c. The Modern Approach strongly recommends you review the terms and conditions of that supplier or service provider before proceedings to accept Goods or Services as The Modern Approach will not be liable for any claim, demand, loss, costs or expense made by any person arising from your relationship with a supplier or service provider introduced by us. You agree to indemnity and hold The Modern Approach harmless for any non-performance, error or change made by you or the other service provider.
11. Intellectual Property and Use of Photos
a. These Terms expressly grant The Modern Approach permission to use photos from your event in various forms of advertising promoting The Modern Approach products and Services. Where images are provided by your photographer, appropriate attribution will be given.
b. All creative work and hire items provided by The Modern Approach must be credited accordingly. All publications (media, print, blog, social media) must credit The Modern Approach as the supplier for the concept and items hired.
12. Warranty, Liability and Indemnity
a. To the extent that the Australian Consumer Law allows, The Modern Approach provide the Goods and 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 or the Site (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.
b. To the fullest extent permitted by law you agree that neither The Modern Approach or its employees will 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.
c. To the fullest extent permitted by law, you agree to indemnify, defend and forever hold harmless The Modern Approach, 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.
13. Force Majeure
a. The Modern Approach will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by any act or “Event Beyond Our Control”. If an event outside our control takes place that means the performance of our obligations under the Agreement are impossible, we will contact you as soon as reasonably possible to notify you; and our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the “Event Outside Our Control”. The Modern Approach will endeavor to arrange a new date for the Booking with you after the Event Outside Our Control is over however if the parties are unable to agree on an alternative date, the Booking will be considered cancelled, and payments non-refundable and non-transferable.
b. This clause does not apply in circumstances where the “Event Outside Our Control” still makes the Booking possible, but you cancel the Booking or vary the Booking because the “Event Outside Our Control” causes inconvenience. In this instance, any fees and charges that are deemed non-refundable and non-transferable remain so and The Modern Approach are not obliged to provide an alternative date unless parties agree to do so.
c. Only where an alternative date can be provided, The Modern Approach may credit any amount paid already, but this is done so at the sole discretion of The Modern Approach.
d. If you choose to book again and an Event Beyond Our Control is reasonably foreseeable, based on Government guidance, then the booking is done so at your own risk and The Modern Approach is not liable for any loss suffered as a result of the failure of your second booking to proceed.
e. It is the Client’s responsibility to ensure it, and its other vendors, are following government regulations in regards to COVID-19, including those restrictions relating to gatherings and social distancing. If these regulations are not strictly adhered to and The Modern Approach feel the personal safety of its employees and officers are at risk, we reserve the right to exit the event and our duties and you will forfeit any fees paid.
These Terms are governed exclusively by the laws of South Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in South Australia. Where the law gives you a right to bring a proceeding in any other state of Australia, this clause does not in any way limit that right.