858.231.7046

events@socalvows.com

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TERMS OF SERVICE

WEDDING SERVICES: SoCal Vows will provide the services agreed to in writing between Client and SoCal Vows (the “Services”). Each category of Services (for example, photography or floral arrangements) may be subject to additional terms specific to that Service. Those terms are provided in a schedule to this Agreement, which is incorporated herein by reference (each a “Schedule”). If Client orders such a category of Services and SoCal Vows agrees to provide that category of Services, then the terms of the applicable Schedule will apply. SoCal Vows will control the manner and means by which SoCal Vows renders Services and will always act in a manner consistent with SoCal Vow’s status as an independent contractor. SoCal Vows will procure the materials, equipment, and tools that it determines are needed to provide the Services.

FEES, PAYMENT SCHEDULE, AND PROMOTIONS: Client will pay all fees communicated in writing to Client via an invoice for SoCal Vow’s Services (the “Fees”). Client will pay twenty-five percent (25%) of the Fees up front (the “Reservation Fee”) to secure a date and time for the wedding. This Reservation Fee is non-refundable. The remaining balance shall be paid in full according to SoCal Vow’s last invoice using the schedule below; PayPal, Venmo, cash, or payment gateway on the Socal Vows, Inc. website. (60) days before the event, 50% of the balance will be due with the remainder of the balance due (15) days before the event. If the event is booked within (60) days of the event date 50% of the invoice is due upon booking. If the event is booked within (15) days of the event 100% of the invoice is due. Additional fees may be charged if balance is not paid by the date of the event. Special promotions are applied ONLY on the original purchase. No promotions will be applied to changes in services. Only one promotion can be applied to a service or package. There is not stacking of promotions.

        • 25% of total invoice due on booking to reserve and save your date (this is nonrefundable)
        • 50% of the total balance is due (60) before event (this is nonrefundable)
        • The remaining balance including tips and taxes is due (15) days before the event (this is nonrefundable)

GRATUITY: When you book an event for Standard, Minimony or Complete Packages,15% – 20% gratuity is provided by client on the day of the event and 10% -15% gratuity for Intimate Packages. Gratuity percentage/amount is not included in individual service amount or package as shown in the invoice. The gratuity is calculated based on the total service amount and is provided at the event.

WEDDING DELAYS (VERY IMPORTANT): Both parties agree to arrive in a timely manner at the specified date, time and location. Wedding guests expect the wedding to start on time. Please ask guests to arrive at least 30 minutes prior to the ceremony time to avoid unnecessary delays. Client agrees to pay a $150 late fee if the wedding starts more than 30 minutes past the scheduled time due to Client, its guests, or its vendors’ fault. If the wedding start time is delayed by more than 45 minutes due to Client, its guests or its vendors’ fault, SoCal Vows reserves the right to cancel this Agreement without any refund, or may charge $250 per each additional hour, at SoCal Vow’s discretion. Any late fees must be paid before the ceremony begins.

SUNSET PHOTOS: If Client would like sunset photos, Client must arrive at the scheduled location ready for pictures at the “golden hour,” which is at least 30 minutes before sunset. Otherwise, Client understands that the quality of the photos may be extremely diminished due to very low or no natural light, which SoCal Vows will not be held liable. If Client arrives late for sunset photos, SoCal Vows reserves the right to cancel the sunset photos without any refunds. Sunset photos will be taken up to 20 minutes past sunset.

THIRD PARTY VENDORS: If SoCal Vows is hired as the wedding photographer, SoCal Vows reserves the right to be the ONLY photographer for the event. If Client would like to hire a third-party photographer, Client may freely do so with the understanding that SoCal Vows will not provide any photography services and will defer those services to the third-party vendor. There is no adjustment on price when a package is purchased. Socal Vows is not responsible for the setup and teardown or cleanup of any third-party vendor that is not contracted through Socal Vows contracted for the event.

CHANGES & DOWNGRADES: For any changes to the wedding date, time, location, or service package, Client must obtain prior written approval from SoCal Vows, and the new date must be no more than 6 months from the original wedding date. All changes must be requested in writing to SoCal Vows, and Client may be subject to a change fee depending on the new venue, location, additional travel time, and downgrades if necessary. Client must also apply and pay for any new licenses or permits. All changes will be reflected in the invoice and must be paid accordingly. Upon SoCal Vows’ discretion and approval, Client’s Reservation Fee may be applied to future wedding date and time. For package or service downgrade over 60 days from the date of the event, a new reservation fee will be applied to the new package. If Client wishes to downgrade their current package or service, they are responsible for the full and entire price of the original package if it falls within 60 days of event. The current Reservation Fee will NOT be applied to the new package or service.

CANCELLATION: Client may cancel this Agreement for any reason with the understanding that the Deposit is non-refundable, and all other payments made will be forfeited. Cancellations less than (60) days from the wedding date will require payment in full. If the balance is not paid by the date of the event Socal Vows, Inc. reserves the right to cancel the event without refund. All fees must be paid before ceremony begins.

RAIN OR INCLEMENT WEATHER: If there is rain or inclement weather on the scheduled wedding date, Client may either:(i) purchase or rent outdoor equipment, such as canopies, tarps or outdoor heaters at their own expense; or (ii) reschedule the wedding date to one day before or after the scheduled wedding date if location is available. Client does not have any right to cancel the wedding for rain or inclement weather reasons. SoCal Vows will make every reasonable effort to provide the services in a safe manner. If there is a serious concern for safety, SoCal Vows reserves the right to not provide certain aspects of the services to maintain safety.

INDEMNIFICATION: Each party will defend and hold the other and its affiliates and its and their respective directors, officers, employees, contractors and agents (collectively, “Indemnitees”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise) (“Claims”), and indemnify the Indemnitees for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including reasonable attorneys’ fees, expert witnesses’ costs and fees, costs penalties, interest, and disbursements) arising from or relating to any Claim (including third-party claims) against any Indemnitees, whether successful or not, caused by, arising out of or resulting from (a) any actual or alleged breach of any of the indemnifying party’s representations, warranties, or covenants in this Agreement, (b) any property damage or personal injury (including death) to the extent caused by the indemnifying party or, in the case of Client, by any of the guests or other service providers at the Event, and (c) any actual or alleged gross negligence, willful misconduct, or fraud of the indemnifying party. The Indemnitee will (i) give prompt written notice of the Claim to the indemnifying party once the Indemnitee becomes aware of it, (ii) grant the indemnifying party the option to solely control the defense (including the right to use its own counsel) and settle the Claim (except that the Indemnitee may participate, at its expense, in the defense and/or settlement thereof and the Indemnitee must first approve in writing any settlement that requires an affirmative obligation of the Indemnitee), and (iii) provide reasonable cooperation to the indemnifying party and assistance in the Claim’s defense or settlement. The Indemnitee may, at the indemnifying party’s expense, undertake and control the defense and/or settlement of any Claim in the event the indemnifying party materially fails to undertake and control the same after exercising its option to solely control the same.

TERM: Unless terminated as set forth below, the term of this Agreement will commence on the Effective Date and continue until the completion of SoCal Vow’s performance of the Services.

TERMINATION: Either party may terminate this Agreement until the date that is one (60) days prior to the Event. If Client terminates this Agreement, Client will forfeit all Reservation Fees. If SoCal Vows terminates this Agreement, SoCal Vows will refund any part of the balance that was paid over and above the Reservation Fee. Either party may terminate this Agreement for cause if the other party breaches the Agreement and does not remedy such failure within 20 days after receipt of written notice of such breach. Upon any expiration or termination of this Agreement, each party’s obligation under this Agreement will immediately cease. Notwithstanding any terms to the contrary of this Agreement, Section 10, 12, 13 and 14 will survive any expiration or termination of this Agreement.

CONTENT & OWNERSHIP: SoCal Vows may, as part of its provision of the Services, create photos, videos, audio files, graphics, social media posts, or other materials (the “Content”). SoCal Vows will make the Content available to Client promptly after provision of the Services.

RELEASE: Client grants to SoCal Vows a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display (a) the Content and (b) any name, username or likeness provided in connection with the Content in all media formats and channels now known or later developed without compensation to Client, each of (a) and (b) solely in accordance with Client’s instructions, if any. If Client’s name, voice, image, persona, likeness, or performance is included in any Content, Client hereby waives and releases SoCal Vows from any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Content in accordance with the license in this Agreement. While the Client has the permission to download digital copies of all photos, SoCal Vows does retain the rights and permissions for ALL printing of photos.

REHEARSALS: SoCal Vows gladly offers services for wedding rehearsals or rehearsal dinners, subject to availability and at an additional cost. Client agrees to pay for additional costs, which includes travel time and expenses, and up to one-hour of rehearsal time. If the rehearsal location is outside of the service radius, there may be additional travel fees.

EQUIPMENT & SUPPLIES: SoCal Vows shall provide, set-up, and clean up all equipment and supplies that are included in purchased packages. SoCal Vows will NOT be responsible for any equipment by the client or third party that does not belong to SoCal Vows.

TRAVEL & DESTINATION WEDDINGS: SoCal Vows offers wedding services anywhere within the State of California. If Client would like a destination wedding outside the service area of San Diego County, the location must be fully disclosed in advance. Client agrees to pay any additional fees and costs, including and not limited to, transportation costs, expenses, hospitality costs, meal allowance, hotel accommodations, and a per diem. These details will be included in the invoice.

MEALS: If SoCal Vows is required to attend the Event to perform the Services that is over (4) hours, Client will provide a meal for SoCal Vows and each of its Staff, and if applicable, Subcontractors.

REPRESENTATIONS: Client represents, warrants, and covenants that (a) Client has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement; and (b) Client has obtained any required permits or other rights or permissions necessary for the Event.

INSURANCE: SoCal Vows has or will obtain prior to performing the Services all legally required, and industry standard insurance related to its provision of the Services. Client is responsible for obtaining any insurance that is required to fulfill the permit for the event location.

ENTIRE AGREEMENT: This Agreement, including all Schedules to this Agreement, all of which are incorporated herein by reference, sets forth the entire agreement and understanding of the parties relating to the subject matter hereof, and supersedes all prior to contemporaneous agreements, proposals, negotiations, conversations, discussions, and understandings, written or oral, with respect to such subject matter and all past dealing or industry custom.

INDEPENDENT CONTRACTORS: SoCal Vows is and will remain solely and exclusively an independent contractor of Client. Nothing in this Agreement will be construed to create a partnership, joint venture, or agency relationship between the parties, and in no event will either party be, claim to be, or be deemed to be, an employee, agent, or partner of the other party by reason of or with respect to this Agreement or any Services. SoCal Vows acknowledges that, as an independent contractor, SoCal Vows is not eligible to participate in any benefits program or employee welfare benefit plan Client offers its employees (if any). SoCal Vows will comply with all laws, including all laws governing payment of income taxes, self-employment taxes and service taxes, and all other federal, state, local and foreign taxes of any nature imposed with respect to SoCal Vow’s obligations under this Agreement.

GOVERNING LAW & VENUE: This Agreement will be governed by and construed in accordance with the laws of State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. The state or federal court in San Diego, California will be the jurisdiction in which any suits must be filed if they relate to this Agreement. If a party initiates any proceeding regarding this Agreement, the prevailing party to such proceeding is entitled to reasonable attorneys’ fees and costs for claims arising out of this Agreement.

ASSIGNMENT AND LIMITATIONS: Neither this Agreement nor any right or duty under this Agreement may be transferred, assigned or delegated by either party without the prior written consent of the other party; provided, however, that Client may assign this Agreement (a) to an affiliate or (b) as part of a merger, consolidation, corporate reorganization, sale of all or substantially all assets, sale of stock, change of name, or like event.

AMENDMENTS AND WAIVERS: The provisions of this Agreement may be amended or waived only with the prior written consent of SoCal Vows, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect, or enforceability of this Agreement.

NOTICES: Any notice or communication required or permitted to be given hereunder must be in writing signed or authorized by the party giving notice, and may be delivered by hand, deposited with any overnight courier, sent by confirmed email, confirmed facsimile or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party as identified on this Agreement or at such other address as may hereafter be furnished in writing by either party to the other party. Such notice will be deemed to have been given as of the date it is delivered.

SEVERABLITY: If any provision of this Agreement is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of this Agreement will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by this Agreement is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify this Agreement to affect the original intent of the parties as closely as possible in an acceptable manner to the end that the transaction contemplated hereby are fulfilled.

RELEASE FROM LIABILITY: Each party shall be completely released from all liability to the other arising because of any excused performance caused by an event including but not limited to, Force Majeure, pandemic, government or local shutdown, riot, work stoppages, or accidents, including, but not limited to, all claims for incidental, special or consequential damages.

COUNTERPARTS: This Agreement may be executed by the parties by exchange of signature pages by mail, facsimile, email or other electronic means (if email or electronically, signatures in Adobe PDF, via electronic signature or similar format), in two or more counterparts, each of which will be deemed an original and all of which will together constitute the same instrument.