What happens if I have to postpone or cancel my wedding?
PROTOCOLS IN EVENT OF HEALTH PANDEMIC
**PROTOCOLS IN EVENT OF HEALTH PANDEMIC OR STATE OF EMERGENCY**
The Parties agree that no performance will be required of either Party that would knowingly run counter to any laws, health and safety regulations, directives, or executive orders. If, during the Term of this Agreement, any Health Pandemic, as defined by the CDC or Prevention Agency guidelines ("Health Pandemic") arises, and the Client deems going forward with the event would put the Client(s), guests, other vendors, Vendor’s staff or personnel at risk, it is in the sole exclusive discretion of the Client as to whether or not the services must be cancelled. In the event the Client does deem a cancellation or postponement due to a Health Pandemic, no monies payed to the Vendor shall be refunded. However, the Client shall provide the Vendor with available options for a date transfer as soon as is reasonably practical. Date transfers will be offered for packages at an equal cost than the original package amount under this Agreement. The Parties agree that, due to the extreme and sometimes sudden circumstances that health pandemic would create, a date transfer option allows Vendor and the Client to reach a mutually conducive solution that will serve as an exception to the 7 day requirement for cancellation or postponement, as enumerated in section TERMINATION herein. If the Client choose a larger package at the time of rescheduling, the Vendor will calculate the difference of the originally agreed-upon package and new package prices as defined by the Vendor’s pricing schedule at the time of the rescheduled event.
If Vendor should become materially or physically incapacitated, such as due to injury, severe illness or unexpected circumstances prohibiting them from performing the Services under this Agreement for any reason, Vendor shall be entitled to provide Clients with a substitute Vendor of reasonably similar experience. In the unlikely scenario that such situation does occur and a suitable replacement is not found by Vendor, or should Clients reject the proposed replacement, Clients agree that the maximum remedy shall be a refund of the prorated portion of the Fees paid by Clients prior to the date of the occurrence of incapacitation, based upon the extent of the Services rendered prior to the incapacitation.
If either party materially breaches this agreement, the non-breaching party may terminate the agreement only by providing written notice of the breach to the breaching party. The breaching party shall have 7 days to cure the breach after receiving such notice. If the breaching party fails to cure the breach in that time, the agreement shall terminate except with respect to those obligations that are noted herein as surviving termination.
If the agreement terminates for any reason other than a material uncured breach by Vendor, then Vendor is immediately entitled to the greater of (i) any unpaid fees prorated for the work completed at the time of termination or, if applicable, (ii) the non-refundable retainer paid by Client at signing, retained as liquidated damages. This obligation, and any payment obligations pending at termination, survive termination.
Upon termination, any license Client has to the work is immediately revoked.