Terms of Service
By submitting your reservation, you agree to be bound by the provisions of these Terms of Service. Maui Boutique Weddings reserves the right to make changes to these Terms of Service without notice; any such changes will apply prospectively only. Unless Maui Boutique Weddings agrees otherwise in writing, these Terms of Service constitute the entire agreement between you and Maui Boutique Weddings concerning the subject matter covered here.
Deposits and Service Payments
You shall pay Maui Boutique Weddings a reservation deposit of $300 (the “Deposit”) at the time of your reservation submission. Maui Boutique Weddings will not schedule any other weddings for the same time and date as you reserved. Therefore, the Deposit is non-refundable.
You shall also pay the entire amount owed for the wedding services you request in your reservation and in any subsequent communications with Maui Boutique Weddings (including, but not limited to, add-ons to a wedding package), minus the Deposit (the “Package Price”), no later than 30 days before your reserved wedding date.
If you provide credit or debit card information to Maui Boutique Weddings at any time, including when you submit your reservation, then Maui Boutique Weddings is entitled to charge the Deposit to such credit or debit card. Maui Boutique Weddings is also entitled to charge to such credit or debit card any portion of the Package Price that remains unpaid as of the 30th day before your reserved wedding date. If you do not pay (or if Maui Boutique Weddings is unable to collect) the Deposit or Package Price as specified above, then Maui Boutique Weddings may cancel your reservation without giving you notice.
Wedding Duration and Permits
The wedding ceremony’s duration will be between 20-35 minutes, as confirmed by email from Maui Boutique Weddings. The duration may be subsequently changed with Maui Boutique Wedding’s written approval. You understand that any applicable beach use permit that we obtain for your wedding is issued for a specific 2-hour time-frame, which cannot be exceeded under State law. Therefore, Maui Boutique Weddings is not obligated to perform any services for you outside the time frame indicated on such beach use permit.
If you have paid for photography or videography, Maui Boutique Weddings’ photographer or videographer will only be available at the wedding location to take pictures from the wedding ceremony’s reserved start time until a maximum of 60 minutes after the wedding ceremony’s reserved end time. Maui Boutique Weddings will not be liable for failing to take the agreed number of pictures, or filming time, if the failure is caused by the bride’s or groom’s late arrival, or any other reason outside of Maui Boutique Weddings’ control.
You are responsible for identifying (or making someone available to identify) people/objects that you would like photographed or videotaped at the wedding. Maui Boutique Weddings will not be responsible for not photographing or videotaping desired people/objects if you do not assist (or make someone available to assist) with identifying or gathering people/objects for the photographs or video.
Unless Maui Boutique Weddings agrees otherwise in writing before the wedding, Maui Boutique Weddings’ photographer will take pictures in high-resolution JPG format using Maui Boutique Weddings’ standard photographic equipment. Unless Maui Boutique Weddings agrees otherwise in writing before the wedding, Maui Boutique Weddings’ videographer will take videos in HD digital format using Maui Boutique Weddings’ standard videography equipment. Copyright laws protect the photographs, videos, digital negatives or prints produced by Maui Boutique Weddings (the “Photos/Videos”). Once you have paid the Package Price in full, Maui Boutique Weddings will give you a shared copyright ownership of the Photos/Videos under the following conditions: (i) your use of the Photos/Videos will be limited to only your personal use, and (ii) you may not assign, sell or otherwise transfer your shared copyright ownership in the Photos/Videos. Maui Boutique Weddings reserves the right to use the Photos/Videos for its own advertising purposes; if you would rather we not do so, please let us know.
If applicable, based on the wedding package or add-ons you paid for, Maui Boutique Weddings will perform retouching and color correction on certain photographs. This service is limited to any of the following: rotating images; de-aging; reducing red-eye; or lightening, darkening or minor color correcting. You agree that if a technical issue prevents Maui Boutique Weddings from retouching or color correcting an image you chose for that service, then Maui Boutique Weddings will not be obligated to perform such service; instead, you may select an alternative image for such service.
You may cancel your wedding only by written notice (the “Cancellation Notice”) sent to email@example.com. If you send a Cancellation Notice 60 or more calendar days before your reserved wedding date, then you will not be responsible to pay the Package Price. If you send a Cancellation Notice fewer than 60 calendar days before your reserved wedding date, then you will still be responsible to pay the Package Price, which will become due immediately. No-shows on the date of the reserved wedding date are treated under the same terms as cancellations.
Maui Boutique Weddings will make a reasonable effort to avoid cancelling a wedding due to inclement weather, acts of God or any other reason outside its control; but if its effort fails, Maui Boutique Weddings will not bear any liability for its resulting cancellation of the wedding; and you will not be entitled to a refund. Instead, you will be entitled rescheduling your wedding for a date that is mutually agreeable to you and Maui Boutique Weddings and that is within 12 months of the originally reserved date.
You may request rescheduling the date or time of your wedding only by written notice (the “Rescheduling Notice”) sent to firstname.lastname@example.org. Maui Boutique Weddings intends to accommodate any Rescheduling Notice, but rescheduling a wedding for your desired date may not always be possible based on Maui Boutique Weddings’ bookings calendar. Therefore, Maui Boutique Weddings reserves the right to accept or reject a Rescheduling Notice in its sole discretion.
If you send a Rescheduling Notice fewer than 60 calendar days before your reserved wedding date, and it is accepted, you shall pay Maui Boutique Weddings a rescheduling fee of $200 no later than 30 days before your originally reserved wedding date (the “Rescheduling Fee”); all of your other payment obligations and deadlines will be unaffected by the rescheduled wedding date. If you send a Rescheduling Notice 60 or more calendar days before your reserved wedding date, and it is accepted, you will not have to pay a Rescheduling Fee only for the first such request; all subsequent requests are subject to the Rescheduling Fee. Maui Boutique Weddings is entitled to charge the Rescheduling Fee to any credit or debit card you have at any time provided to Maui Boutique Weddings.
Other than Deposits and Rescheduling Fees, any payments you make toward the Package Price of a wedding that you cancel or reschedule, will be credited toward a new booking by you for a wedding to occur at a date that is mutually agreeable to you and Maui Boutique Weddings and that is within 12 months of the originally reserved date.
Disputes and Interpretation
These Terms of Services are governed exclusively by the law of the state of California and must be construed in accordance with the law of that state, without regard to conflict-of-laws principles.
As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of, or relating to, these Terms of Service, the party asserting the dispute may submit the dispute to binding arbitration before JAMS. The arbitration will be conducted in accordance with JAMS’ arbitration rules and expedited procedures, as they exist at the time the arbitration is filed. The arbitration must be scheduled to take place in Los Angeles, California, before an attorney licensed to practice law in the state. The parties will initially share all of the fees and costs of the arbitration equally, but the prevailing party will be entitled to recover all its fees and costs of arbitration, as well as attorney’s fees. If a party files in court a dispute that is covered by this arbitration provision, the defending party is entitled to recover all fees and costs (including attorney’s fees) it incurs in connection with the court proceedings, including compelling the dispute to arbitration, regardless of whether the defending party prevails in court or arbitration. The arbitrator shall have no power to alter or amend these Terms of Service or to award any relief inconsistent with the provisions herein or unavailable in a California court of law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You shall maintain the confidential nature of the arbitration and the arbitral award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) as may be necessary in connection with a judicial challenge to an award or its enforcement, or (iii) as otherwise required by law or judicial decision.